SR-8-C (50)
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8' - c...
JAN 2 5 199It
CM:KEL:dvm(parks)
Clty Counc~l Mtg. 1/25/94
Santa Monica, Californla
STAFF REPORT
TO: Mayor and Clty Council
FROM: C~ty Staff
SUBJECT- Ordinance for Introduction and First Reading
Repeallng Chapter 4 53 of Artlcle IV of the Santa
Monlca Municipal Code Regulatlng Group Use of
Parks; and Recommendatlon to Direct the Clty
Attorney to Draft an Ordlnance ClarifYlng Munlclpal
Code Sectlons Regarding Park Malntenance
INTRODUCTION
ThlS staff report recommends that the Clty Council repeal Chapter
4.53 of Artlcle IV of the Santa Monlca Municipal Code regulating
group use of the parks. In addition, thlS report requests that
the Councll direct the Clty Attorney to draft an ordinance which
clarifies Code sectlons relating to park operations and
malntenance.
DISCUSSION
On February 9, 1993, the Clty Councll adopted Ordlnance No 1688
(CCS) establishing pollcles regarding organized group actlvlties
in City parks. The goal of the ordlnance was to better regulate
and maintaln park areas recelvlng intensive public use. Soon
after the effectlve date of the ordlnance, the Clty was sued and
injunctive rellef was granted by the Court As a part of the
settlement of the lawsuit, the Clty Council agreed to repeal the
ordinance. Staff recommends that the attached ordinance be
lntroduced to flnallze the settlement agreement.
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JAN 2 5 1994
f-c,
C~ty staff has cont~nued to assess the full range of optlons
ava~lable to improve the ma~ntenance and operation of the City's
parks.
Park-based ma~ntenance teams are being establ~shed and
~nnovative turf management procedures are belng researched
Park
regulations are being clarlf~ed and communicated to park users
To meet that end, City staff revlewed current Municipal Code
Sect~ons, as well as the Unlform Flre Code and Health Codes, to
outl~ne eXlsting regulatlons for park use and operations.
Staff
found that while ex~stlng codes prov~de for a range of
regulations that may be applied ln order protect the safety of
park users and prevent damage to the parks, these sections are
general ln nature. No one section exists whlch specifically sets
forth all those regulatlons governing park use
In order to address this need for clarlfication and consol~dation
in the Municlpal Code, lt ~s recommended that the Council direct
the Clty Attorney to draft an ordinance WhlCh clarifles and
consolidates existing rules and regulations regard~ng park use
and operation
Based on ex~sting regulatlons In relevant
sections of the Municipal, health and fire codes, this ordinance
should prohiblt ln the city's parks.
o erected tents or tarpaulins;
o open flres or barbeques not installed by the City;
o damage to park landscaplng, includlng trees, plantlngs,
flower beds, shrubs and hedges,
o combustible materlals close to bUlldings or park
structures;
o the blocking of park walkways, entrances, playgrounds,
plaYlng courts and plaYlng flelds with personal belongs;
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o wheeled ltems (such as skateboards, strollers, carts and
blcycles) ~n grassy areas that are suffer~ng significant
damage due to overuse; and
o household furnlture other than folding, portable lawn
furniture
The enactment of the proposed ordlnance would serve to clarlfy
existing ordinances and codes and provlde a clear set of
gUldellnes for both park malntenance staff and park users
BUDGET/FINANCIAL IMPACT
There is no budget or financlal lmpact associated wlth the
recommendatlons in this staff report.
RECOMMENDATION
It is recommended that the Clty Counc~l;
(1) Introduce for flrst read~ng an crdlnance repeallng SMMC
Sectlon 4.53 of Art~cle IV regarding group activities ln the
park, and
(2) Direct the Clty Attorney to draft an ordinance clarlfying
Municipal Code sections regardlng park maintenance.
Prepared by; Susan McCarthy, Dlrector of Communlty and
Cultural Services
John Lynd, Manager, Parks and Sports
Attachment
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CA:F:\MUNI\LAWS\JL\PARKUSE.ORD
city council Meeting 1-25-94
Santa Monica, California
ORDINANCE NUKBBR
(CCS)
(City Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA HONICA REPEALING CHAPTER 4.53
OF ARTICLE IV OF THE SANTA MONICA MUNICIPAL
CODE REGULATING GROUP USE OF PARKS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 4.53 of Article IV of the Santa Monica
Municipal Code is hereby repealed in its entirety.
SECTION 2. 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,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any 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
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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 4.
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 after 30 days from its adoption.
APPROVED AS TO FORM:
I~
LAWRENCE
City Attorney
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