SR-8-B (48)
CARS:SEM:se:parksII
city council Meeting: 2-9-93
p-g
FEB - ~ 1993
Santa Monica, California
STAFF REPORT
TO:
Mayor and city Council
FROM:
City staff
SUBJECT: Ordinance Establishing Regulations Governing Use of
City Parks by Organized Groups
At its meeting on January 26, 1993, the City council introduced
for first reading an ordinance establishing regulations governing
use of city parks by organized groups.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
Prepared by: Susan E. McCarthy, Acting Director
Cultural and Recreation Services
f-s
FEB - 9 i993
CARS:SEM:se:ordp
City Council Meeting: 2-9-93
Santa Monica, California
ORDINANCE NUMBER 1668(CCS)
(City council Series)
AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING REGULATIONS GOVERNING USE OF
CITY PARKS BY ORGANIZED GROUPS AND AMENDING
THE SANTA MONICA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
section 1. Article IV of the Santa Monica Municipal Code
is amended by adding thereto a new Chapter 4.53 to read:
Chapter 4.53 - Group Use of City Parks
section 4.53.010. Purpose and Findings.
The unregulated use of city parks by large organized
groups deprives the general public of the free and untrammeled
use of park space, thereby depriving the community of an
important recreational resource. Further, recurrent use of parks
by organized groups has an impact on the parks different in
quality and magnitude from use by the general public, creating
concerns regarding noise, traffic and parking, trash removal and
clean-up, damage to turf and vegetation, public safety and
liability. The purpose of this Chapter is to regulate the use of
City parks by organized groups in order to ameliorate the
foregoing problems and assure reasonable and equitable access to
City parks both by groups desiring to use the parks and by the
general public.
Section 4.53.020. Definitions.
The following words and phrases as used in this
Chapter shall have the following meanings:
(a) "Department" shall mean the Department of
Cultural and Recreation Services.
(b) nOirector" shall mean the Director of the
Department of cultural and Recreation services.
(c) "Park" I "Parks" I or "city park" shall mean and
include the following parks in the City: Douglas Park, Virginia
Avenue Park, stewart Street Playground, Clover Park,
Sunset/Ashland Park, Marine Park, Ozone Park, Joslyn park, Los
Amigos Park, Mary Hotchkiss Park, Palisade Park, Lincoln Park,
Ocean View Park, Memorial Park and any City-owned open space
area.
Section 4.53.030. Permit required.
A perm.it is required for the use of any City park by l!!l
group of thirty-five (35) or more persons. It shall be unlawful
for any person or persons to assA~~le or cause the assembly or to
gather so as to result in the assembly ot thirty~tive (35) or
more persons in a park or in any portion or separate portions of
a park for any Combined or coordinat.ed purpose or activity
without first havinq received a permit from the Department. A
permit may ~e obtained, but is not required, for reservation ot
space in a park for a group consisting of fewer than thirty-five
(35) persons.
section 4.53.040. Permit application and fees.
Applications for a perait for group use of a park are
available in the Department durinq city Hall business hours.
Applications by residents of ~he city or businesses located in
the City may be filed not more than one hundred eiqhty (180) but
not less than three (3) days before the proposed ac~ivity.
Applications by non-residents may be filed not more than thirty
(30) but not less than three (3) days before the proposed
activity. Applications shall not be accepted for processing
unless all requested information is provided and any required
application fee paid. The City Council is authorized to
establish application fees by resolution. The Director is
authorized to refer any application to any applicable city
department fer review and investigation as necessary to evaluate
the application properly and thoroughly. Complete applications
for the use of the same park space at the S~ time will be
processed in the order received.
Section 4.53.050. Grounds for Denial.
Applications shall be denied if anyone of the
followinq findinqs is made:
(a) The activity is proposed to be conducted in a
space or area not physically suitable to accommodate the
activity.
(b) The activity is proposed to be conducted in a
space or area already reserved for another activity on the day
and hour(s) requested.
(0) The person or persons orqan~z~q the activity do
not possess the necessary licenses, per.mits or certificates
otherwise required to conduct the activity, or are otherwise not
in compliance with any applicable laws or regulations.
(d) The activity constitutes a public nuisance or is
detrimental to public health or safQty.
- 2 -
ee> The issuance of the permit would violate the
general requirements se~ forth in Section 4.53.060 hereot.
(f) A permit previously held by the permittee was
revoked and the Director finds that the grounds for the
revoc~tion ~re likely to recur it the permit 18 issued.
Section 4.53.060. General requirements.
The followinq qeneral requirements shall qovern
issuance of permits:
(a) No person, persons or group shall be issued more
than two permits a month and no activi~y sponsored or orqanized
by the same person, persons or group shall occur more frequently
than twice a month in the same parle..
duration.
(b)
No activity shall exceed six (6) hours in
(0) The number of permits which may be issued at the
same time and/or on the same day at each park in the City shall
De as determined by the Director, based on the City's goal of
avoiding conflic~s among group users, assuring access to the
general public, and avoiding overly intense use of park
facilities. The Director may further restrict the nn1!'her of
permits issued on holidays due to the larger than usual numbers
of people who use the park. on 'tho.. days.
(d) The use of mechanical equipment, such as amusement
rides and moon bounces, and the erection of tents is prohibited.
(a) Fires are prohibited except in barbecues provided
by the city.
(t) The use of rope, cones or other materials or
devices to barricade or seqregate an area of a park for the
exclusive use of a person or persons is prohibited, unless
expressly authorized in a permit iSBued pursuant to this Chapter.
Any of the above general requirements may be waived by the
Director upon a showing to the Director's satisfaction of special
or unique circumstances, or that compliance with one or aore of
the requirements would create a unique hardship or would
contravene the human services objeccives of the City.
Section 4.53.070. Conditions.
Permits may be issued subject to conditions as are
necessary to assure that the activity will bQ compatible with the
proposec:l location and with use of the park by others, t.he park
will not be clamaged or left in an unclean condition, and tho
- 3 -
activity will occur safely. Conditions may include, without
lillitation:
fa) Restrictions on parking and access.
(b) Restrictions on sound amplification.
(e) Requirement for a cash or surety bond to quarantee
clean-up of the site.
(d) Requirement that the permittee obtain insurance to
protect aqainst liability resultinq from the activity.
ee) Restrictions on equipment or facilities.
(f) Restrictions on the precise activities which will
be permitted.
(q) A requirement that the permit-tee indlilllnify the city
and assume responsibility tor repair of damaqe and for clean-up
ot' the area used for the activity.
(h) A requirement that "the permittee use a city park
other than the park being requested tor the activity.
(1) A restriction on the maximum number of people who
may attend the event.
ej) Special conditions may be imposed on holidays.
section 4.53.080. Revocation of Permits.
Permi ts issued pursuant to this Chapter may be revoked
by the Director if anyone of the followinq findinqs may be made:
(a) The permit.tee or the activity or any person or
persons engaged in the permitted activity have violated any
regulation, ordinance, statute, law or any condition of the
permit in the course of enqac;ing in the activity.
(b) The permitted activity is causinq a public
nuisance or is detrimental to public health and satety.
(e) The permit was issued on the basis ot
misrepresentations or false information supplied by the
applicant.
(a) The permit wa.s issued in error.
section 4.53.090. Exemptions.
The provisions of this Chapter shall not apply to:
- 4 -
(a) Activities or events sponsored by the city.
(b) Use of athletic fields and park buildings.
section 4.53.100. First Amendment Activities
A permit shall be issued for any assemblage or
gathering of thirty-five (35) persons or more, such as a
demonstration, rally or protest, organized for the purpose of
conveying a political, religious or other similar type of message
protected by the California Constitution or the First Amendment
of the United states Constitution. The permit shall be issued
within twenty-four (24) hours of submittal of a complete
application to the Director. The Director may waive any or all
of the requirements of this Chapter but may establish reasonable
time, place and manner regulations for the event to assure the
protection of the public health and safety and to protect the
park grounds and facilities.
section 4.53.110. Refunds.
Refunds of any required permit application fees are
available only if the permittee notifies the Director of
cancellation of the event not later than three (3) days prior to
the reserved dates. Any adopted service charge will be deducted
from any refund due.
Section 4.53.120. Enforcement and Appeals.
The provisions of this Chapter shall be implemented
and enforced by the Director. Any decision of the Director under
this Chapter may be appealed to the City Manager, who shall hear
the appeal within thirty (30) days of its filing, or, in the case
of First Amendment activities, within twenty-four (24) hours of
its filing. The decision of the city Manager shall be final.
Section 4.53.130. Penalty.
Notwithstanding any other provision of this Code,
violation of this Chapter shall constitute an infraction,
puniShable in accordance with the provisions of the California
Government Code.
- 5 -
. .
Adopted and approved this 9th day of February, 1993.
4'Ma~A
I hereby certify that the foregoing Ordinance No. 1668 (CCS)
was duly and regularly introduced at a meeting of the Ci ty
Council on the 26th day of January 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City council on
the 9th day of February 1993 by the following council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Olsen,
Rosenstein, Vazquez
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
Holbrook
ATTEST:
~~~i4~
--- --- City Clerk t'