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SR-8-E (33) ~ s..t::: CA:atty\muni\strpts\parks.4 City Council Meeting 6-21-94 Santa Monica, California STAFF R.EPORT TO: Mayor and city Council FROM: city Attorney SUBJECT: 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. At its meeting on June 14, 1994, the City Council introduced for first reading an ordinance adding Chapter 4.55 to the Santa Monica Municipal Code regarding standards for utilization and maintenance of public parks. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. Prepared by: Marsha Jones Moutrie, City Attorney CA:f:\atty\muni\laws\mtt\parks.4 city Council Meeting 6-21-94 Santa Monica, California ORDINANCE NUMBER 1749(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: 1 (a) "Department" shall mean the Department of Community and Cultural Services. (b) "Director" shall mean the Director of the Department of Community and cultural Services. (c) "Parklt and "parks" shall mean and include the following parks in the city: Ashland (Sunset/Ashland Park) Park, Beach Park #1, Beach Park #4, Bernard Way Linear Park, Clover Park, Crescent Bay Park, Douglas Park, Goose Egg Park, Hotchkiss (Mary Hotchkiss Park) Park, Joslyn Park, Lincoln Park, Marine Park, Memorial Park, Ocean View Park, Ozone Park, Pacific street Park, Palisades park, Park Dr i ve Park, schader Park, South Beach Park, Stewart street Park, Virginia Avenue Park and any City-owned landscaped open space in the civic Center area. Cd) "Park facility" and "park facilities" shall mean any bui lding , structure, recreational facility, table, bench, fence, monument, equipment, apparatus, walkway, or park property in any park. (e) "Park foliagelt shall mean any tree, hedge, bush, shrub, plant, flower, grass, or foliage in any park. 2 (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, 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 prohibited herein, may be detrimental to public health, safety and welfare. section ~. 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, except as authorized by the city. (b) No person shall place any object in any shrub, bush, hedge, or tree, or among any plants or flowers in any park r except as authorized by the city. This subsection does not prohibit placing any obj ect upon park grass which does not damage the grass. 3 section 4.55.050 Maintenance of clear Accessway. No person shall block, impede, or obstruct, or leave or cause to be left, any 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, except as authorized by the City. 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. SectioD 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. 4 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. 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, park area, or park facility which is barricaded or fenced for maintenance or repair without City authorization. Sectioin 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. 5 (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 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 6 inplement1ng regulat10ns for the purpose of copIng wIth an emergency as defined 1n section 2.16.020. section 4.54.110 - permits for special Events Nothing In this chapter lim1ts the authority of the CIty to permIt specIal events and attendant actIVItIes on public property. 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 Depart~ent 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, 7 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 modif ied 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 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 8 within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: /ku~~~~ MARSHA J~ES MOUTRIE city Attd'rney 9 Adopted and approved tlns 21st day of June. 1994 a .-- CI . ~ to/ - .fiiayor I hereby certIfy that the foregomg Ordmance No 1749 (CCS) was duly and regularly adopted at a meetmg of The City CouncIl on the 21st day of June. 1994, by the foIlowmg CouncIl vote Ayes CouncIlmembers' Abdo. Genser, Greenberg, Holbrook, Olsen, Rosenstem Noes. CouncIlmembers None Abstam CouncIlmembers: None Absent CouncIlmembers Vazquez ATTEST d ~/! ~R..Lti~ - /" City Clerk