Loading...
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'