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F:\atty\muni\strpts\mjm\parks
council Meeting: 06/14/94
Santa Monica, California
STAFF REPORT
JUN 1 4 1994
To: Mayor and city council
From: city Attorney
Subject: Proposed ordinance On Park Maintenance And Accessibility
And Information Relating To Outdoor Meals Programs
Introduction
This staff report addresses two topics: a proposed ordinance
regarding utilization and maintenance of City parks and the
regulation of outdoor meals programs. The proposed ordinance is
attached.
Information relating to regulation of food service,
including meals programs, is supplied below.
Park utilization And Maintenance Ordinance
The city Council has directed staff to propose new measures to
ensure that City parks serve as a shared resource which is
preserved, maintained and kept available to the entire community.
In response to that directive, a team of staff members -- including
representatives from the city Manager's Office, the Department of
Community and Cultural Services, the Police Department, and the
city Attorney's Office -- have evaluated various issues and options
related to park utilization and malntenance. That team's work was
the basis of the proposed ordinance which is attached.
The proposed ordinance would flll a gap 1n our current code
JUN 1 ,. 1994
provislons. At present, the Municipal Code contains very few
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restrictions which function to either preserve the parks and park
facilities or ensure their ongoing accessibility to all segments of
the community. As a result, problems with maintenance and
accessibility occur when individuals or groups, including homeless
persons, make continuing heavy use of particular parks or park
facilities.
The proposed ordinance would establish a set of guidelines
which will enable the city to better maintain the parks and
preserve their accessibility to the entire community.
Specifically, the ordinance would prohiblt: (1) destruction of park
facilities or foliage; (2)placement of objects in shrubbery or
flower beds; (3) obstruction of paths or accessways; (4) erection of
structures in parks; (5) 1 i tter ing ; (6) interference with
maintenance activities, and (7) conduct constituting a fire hazard.
The ordinance would also expressly author1ze the removal of any
property left in any park when the park is closed. Moreover, it
would authorize the Director of Community and Cultural Services to
promulgate such regulations as may be necessary to implement the
ordinance's provisions.
Regulation Of Outdoor Meals proqrams
The Council directed staff to investigate the possibility of
adopting County Health And Safety provisions which apply to food
service. We have investigated the matter and determined that the
County regulations have already been adopted.
County regulations on food handling are found in Chapter 11.12
of the Los Angeles County Code. They were adopted by County
Ordinance 7583 and amended various ordinances including, in
particular, Ordinance 8588. Our Municipal Code section 5.08.370
expressly adopts those ordinances. Thus, County food service
restrictions clearly apply in this jurlsdiction. staff has
contacted the County Health Department to obtain information about
its enforcement practices and capabilities.
Previously, the Council had also asked staff to evaluate the
possibili ties for adopting an ordinance to replace the former
Municipal Code section regulating group usage of parks. That
ordinance was found by the Federal D1strict Court to violate First
Amendment guarantees. Accordingly, the ordinance was repealed.
After that, Human Services staff contacted the groups who supply
meals to homeless persons in the parks. Staff learned that several
of them will not voluntarily refrain from conducting the programs.
Some group representatives explained that the programs are a matter
of religious conviction.
Given the existence of County Health measures, the infirmity
of the previous ordinance and the commitment of some groups to
continue with their meals programs, staff requests additional
direction before taking further action. In particular, staff
needs to know if the Council wants a proposed ordinance which would
seek to prohibit conducting meals programs outdoors in city parks.
If the Council wants such a proposal, staff will supply it at the
next available meeting after June 28th.
Recommendations
staff recommends that the Council:
1. Adopt the attached ordinancei and
2. Provide direction relating to the regulation of outdoor
meals programs.
Prepared by: Marsha Jones Moutrie, city Attorney
CA:f:\atty\muni\laws\mtt\parks.4
City Council Meeting 6/14/94
Santa Monica, California
ORDINANCE NUMBER
(CCS)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 4.55 TO THE
SANTA MONICA MUNICIPAL CODE REGARDING STANDARDS
FOR UTILIZATION AND MAINTENANCE OF PUBLIC PARKS.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 4.55 of the Santa Monica Municipal Code is
hereby added to read as follows:
section 4.55.010 - Purpose and Findings
In order to maintain the City's parks,
protect their facilities and foliage, and
ensure their availability as a shared resource
to all members of the public, this chapter
sets forth standards for park utilization and
maintenance. This chapter may be referred to
as the Park Maintenance Code.
section 4.55.020 - Definitions
As used in this Chapter, the following
words and phrases shall have the following
meanings:
(a)
"Department"
shall
mean
the
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Department of COlllll\uni ty and Cultural Services.
(b) "Director" shall mean the Director of
the Department of community and Cultural
Services.
(c) "Park," and "parks," shall mean and
include the following parks in the City:
Douglas Park, Virginia Avenue park, stewart
street Park, Clover Park, Sunset/Ashland Park,
Marine Park, Ozone park, Joslyn Park, Los
Amigos Park, Mary Hotchkiss Park, Palisades
Park, Lincoln Park, Ocean View park, Memorial
Park and any city-owned landscaped open space
in the Civic Center area.
(d) "Park facility" and "park facilities"
shall mean any building, structure,
recreational facility, table, bench, fence,
monument, equipment, apparatus, walkway, or
park property in any park.
(e) "Park foliage" shall mean any tree,
hedge, bush, shrub, plant, flower, grass, or
foliage in any park.
(f) "Litter" means any abandoned,
discarded substance, including but not limited
to: garbage; refuse; rubbish; abandoned and
inoperable household appliances; discarded
packaging or containers; discarded building,
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plumbing or construction material, unless
pursuant to construction operations; lighted
or nonlighted cigarettes, cigars, matches, or
any flaming or smoldering material; and all
other waste matter which, if thrown or
deposited as prohibi ted herein, may be
detrimental to public health, safety and
welfare.
section 4.55.040
Destruction of Park
Facilities or Foliage.
(a) No person shall destroy, cut, break,
remove, alter, deface, damage, write upon, or
hang or post upon any park facility or park
foliage.
(b) No person shall place any object in
any shrub, bush, hedge, or tree, or among any
plants or flowers in any park. This
subsection does not prohibit placing any
object upon park grass which does not damage
the grass.
section 4.55.050
Maintenance of Clear
Accessway.
No person shall block, impede, or
obstruct, or leave or cause to be left, any
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thing so as to block, impede, or obstruct, any
park pathway, sidewalk, recreational court or
facility, or any entrance, exit, or approach
to any park building, structure, or
recreational court or facility.
section 4.55.060 - Erection of structures
No person shall, in any park, erect,
maintain, use, or occupy any tent, lodge,
shelter, or structure, except those provided
or authorized by the city.
section 4.55.070 - Litter In City Parks
(a) No person shall throw, deposit or
leave any litter in or upon any park, except
in city authorized trash receptacles.
(b) No person shall leave, with intent
to abandon, any property or food in any park,
except in City-authorized trash receptacles.
Section 4..55.080 - Removal of Property Left in
Parks
Any personal property left in any park at
any time when the park is closed shall be
subject to immediate removal pursuant to
Sections 2.32.200 et. seq.
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Section 4.55.090 Interference with
Maintenance Activities
No person shall interfere with or hinder
any City employee engaged in maintenance or
repair of any park or park facility. No
person shall enter any park or park facility
which is undergoing maintenance or repair
without city authorization.
SECTION 4.55.100 - Fire Hazards.
The following activities shall be deemed
to be fire hazards and are prohibited in all
parks:
(1) Making, kindling, or using a fire,
barbecue or portable stove, or burning
charcoal, except upon a masonry or concrete
hearth or fire circle provided by the city for
such purpose.
(2) storing flammable materials or
combustible waste matter, as those terms are
defined in the Uniform Fire Code, within ten
(10) feet of a building or structure, or
beneath a building or structure.
(3) Discarding any lighted match,
cigarette, cigar, or other burning object in
a manner that could cause ignition of
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flammable materials or combustible waste
matter.
(4) Undertaking any activity in a park
which constitutes a violation of the Uniform
Fire Code as adopted at section 8.04.060, or
which constitutes an imminent and immediate
danger to persons or property in the judgment
of authorized Fire Department Personnel.
section 4.55.100 Authority of
Department of community and Cultural Services
to Regulate Parks.
(a) The Director may promulgate regulations
implementing the provisions of this chapter.
No person shall violate any such regulations.
(b) The Director may authorize
exceptions to this chapter or to any
implementing regulations for the purpose of
coping with an emergency as defined in section
2.16.020.
SectioD 5.44.110 - Permits for special Events
Nothing in this chapter limits the
authority of the city to permit special events
and attendant activities on public property.
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section 4.54.120 - penalties for Violation.
Any person who violates any provision of
this chapter, including any regulation of the
Department governing the use and enjoyment by
the public of any park, shall be guilty of a
misdemeanor, which upon conviction shall be
punishable by a fine not to exceed $500.00 or
imprisonment for a period not to exceed six
months.
In addition, in any case involving the
destruction, defacing, removal, or injury to
any park facility or park foliage the court
may require restitution in an amount necessary
to reimburse the Department for the value of
the item or material destroyed, defaced,
removed, or damaged as well as any labor
expended to replant or restore the area, item,
or material affected.
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.
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SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional 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 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
wi thin 15 days after its adoption.
This Ordinance shall
become effective after 30 days from its adoption.
APPROVED AS TO FORM:
ft0JA<:,L- ~ IiLdk fLu
MARSHA JONES MOUTRIE
City Attorney
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