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SR-8-C (50) . , 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. - 1 - 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; - 2 - 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 - 3 - 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 1 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 2