SR-073096-8A
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City Council Meeting 7-30-96
Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Adding section 5.08.600 to the Santa Monica
Municipal Code Relating to the Use of Public Fountains on
the Third street Promenade and Declaring the Presence of
an Emergency
Introduction
At its meeting of June 11, 1996, the City Council discussed the
conditions existing on the Third Street Promenade (the
"Promenade").
Following this discussion, the Council directed
staff to prepare a proposed amendment to the Municipal Code to
immediately prohibit persons or animals from bathing in the
fountains or being present in them for any purpose. The
accompanying proposed emergency ordinance is presented to the
Council in response to this request.
Discussion
At the June 11, 1996, Council meeting, members of the public
expressed their concerns about conditions on the Promenade. In
addition, several people communicated their concerns in writing to
the Council.
One of these concerns was that people have recently begun bathing
and wading in the fountains in the Promenade and entering into them
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for other purposes. Another concern expressed at the meeting was
that people have recently begun allowlng thelr anlmals to enter the
fountalns. BUSlness operators compla1ned that persons and animals
bath1ng 1n the fountains offends potent1al customers and
d1scourages them from Vls1t1ng the Promenade. Addltlonally, these
practlces interfere wlth Promenade V1s1tors' visual enJoyment of
the fountalns. In addltion, these practlces pose a publlC health
hazard because the water ln the fountalns is not sU1table for, and
has not been chemically treated for, safe human or animal bathing.
~he proposed emergency ordlnance would add Sect10n 5.08.600 to the
Mun1c1pal Code to proh1blt persons and animals under the1r control
from enterlng lnto and remaining on or 1n public founta1ns for any
purpose, lncluding bathlng, wadlng or recreatlng.
RECOMMENDATION
It lS respectfully recommended that the accompanying ordlnance be
1ntroduced for first readlng.
PREPARED BY:
Jeff Mathieu, Director of Resource Management
Marsha Jones Moutrie, City Attorney
Claud1a Thompson, Legal AdmlTI. Staff Asst.
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city Council Meeting 7-30-96
Santa Monica, California
ORDINANCE NUMBER 1858 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 5.08.600
TO THE SANTA MONICA MUNICIPAL CODE RELATING TO
THE USE OF PUBLIC FOUNTAINS IN THE THIRD STREET
PROMENADE AND DECLARING THE PRESENCE
OF AN EMERGENCY
WHEREAS, the fountains in the Third Street Promenade (the
"Promenade") are intended for the visual enjoyment of all persons
using the Promenade; and
WHEREAS, recently persons have begun using the fountains in
the Promenade for bathing, wading, and recreating, and have begun
allowing animals to enter the fountains and to bathe and wade in
them; and
WHEREAS, persons and animals utilizing the fountains in this
manner interferes with their purpose of affording visual enjoyment,
poses a public health hazard, and conflicts with the public
welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
section 5.08.600 is hereby added to the Santa
Monica Municipal Code to read as follows:
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5.08.600. Use of public fountains.
(a) No person shall bathe or wade in, enter into,
be present in, or remain in, any fountain in the Third
street Promenade. No person shall allow any animal in
his or her custody to bathe or wade in, enter into, be
present in, or remain in any fountain in the Third street
Promenade.
(b) Any person violating this Section shall be
guilty of an infraction, which shall be punishable by a
fine not exceeding Two Hundred Fifty Dollars ($250.00).
(c) The prohibitions contained in this Section
against persons entering the fountains shall not apply to
city law enforcement personnel, City maintenance workers,
or other persons acting under the authority of the City
of Santa Monica.
SECTION 2.
This Ordinance is declared to be an urgency
measure adopted pursuant to city Charter section 615.
It is
necessary for preserving the public peace, health and safety, and
the urgency for its adoption is set forth in the findings above.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
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SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason he~d to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective upon its adoption.
APPROVED AS TO FORM:
'~ d 1v vU-Jlu-u -k
MARSHA~~S MOUTRIE
City Attorney
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Mayor
State of CalIfornIa )
County of Los Angeles) ss
CIty of Santa MOnIca )
I. Mana M Stewart. Cay Clerk of the CIty of Santa MOllica, do hereby certIfy that the foregomg
Ordmance No 1858 (CCS) had Its first readmg on July 30. 1996. and had Its second readmg on
July 30, 1996 and was passed by the follo\'v1ng vote
Ayes
CounCIl members
Abdo, Ebner, Genser. Greenberg. Holbrook. O'Connor.
Rosenstem
l'\oes
Council members
None
Abstam
Council members
None
Absent
CounCIl members
None
ATTEST
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Cny Clerk