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SR-6B (11) I 68 CA:MJM:fb:skatetwo;WP51FB Santa Monica, California city council Meeting July 26, 1994 JUL 2 6 _ STAFF REPORT To: Mayor and City Council From: city Attorney Subject: ordinance Amending Santa Monica Municipal Code sections 3.12.540, 3.12.590, 3.12.600 and 3.12.610 to Prohibit the Use of Bicycles in Public Parking structures; to Permit the Use of Bicycles on Sidewalks and Roller Skates by Public Safety Personnel; to Authorize the City Council to Adopt, by Resolution, Regulations Prohibiting or Limiting the Use of Roller Skates, Skateboards and Similar Devices with Wheels in Public Rights-of-Way, or sections lhereof, and Other Public Areas, or Sections Thereof, 'Where Necessary for Public Safety; and to Authorize the city Council to Adopt, by Resolution, Regulations Prohibiting or Limiting the Use of Bicycles, Roller Skates,. Skateboards and Similar Devices with Wheels in PUbic Parks, or sections Thereof, and Other Cultural or Recreational Facilities, or sections Thereof, Where Necessary for Public Safety . Discussion At its meeting on July 12, 1994, the city council introduced, for first reading, an ordinance amending ~anta Monica Municipal Code sections 3.12.540, 3.12.590, 3.12.600 and 3.12.610 to prohibit the use of bicycles in public parking structures; to permit the use of bicycles on sidewalks and roller skates by public safety personnel; to authorize the City Council to adopt, by resolution, regulations prohibiting or limiting the use of roller skates, skateboards and similar devices with wheels in public rights-of-way, or sections thereof, and other public areas, or sections thereof, where JUL 2 6 199't 68 J .' -1- - - - . necessary for public safety; and to authorize the city council to adopt, by resolution, regulations prohibiting or limiting the use of bicycles, roller skates, skateboards and similar devices with wheels in public parks, or sections thereof, and other cultural or recreational facilities, or sections thereof, where necessary for public safety. This 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 -2- , . .- i PCD:SF:RF:fb:SKATEORD;WP51FB Santa Monica, California council Meeting, July 26, 1994 . \ ORDINANCE NUMBER 1756 (city council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 3.12.540, 3.12.590, ~.12.600 AND 3.12.610 TO PROHIBIT THE USE OF BICYCLES IN PUBLIC PARKING STRUCTURES; TO PERMIT THE USE OF BICYCLES ON SIDEWALKS AND ROLLER SKATES BY PUBLIC SAFETY PERSONNEL; TO AUTHORIZE THE CITY COUNCIL TO ADOPT, BY RESOLUTION, REGULATIONS PROHIBITING OR LIMITING THE USE OF ROLLER SKATES, SKATEBOARDS AND SIMILAR DEVICES WITH WHEELS IN PUBLIC RIGHTS-OF-WAY, OR SECTIONS THEREOF, AND OTHER PUBLIC AREAS, OR SECTIONS THEREOF, WHERE NECESSARY FOR PUBLIC SAFETY; AND TO AUTHORIZE THE CITY COUNCIL TO ADOPT, BY RESOLUTION, REGULATIONS PROHIBITING OR LIMITING THE USE OF BICYCLES, ROLLER SKATES, SKATEBOARDS AND SIMILAR DEVICES WITH WHEELS IN PUBLIC PARKS, OR SECTIONS THEREOF, AND OTHER CULTURAL OR RECREATIONAL FACILITIES, OR SECTIONS THEREOF, WHERE NECESSARY FOR PUBLIC SAFETY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 3.12.540 is amended to read as follows: SECTION 3.12.540. Bicycle riding or coasting restricted. (a) It shall be unlawful to ride a bicycle or to coast in any vehicle upon any public sidewalk, except as provided - for in Section 3.12.550. It shall be unlawful to ride a blcycle or to coast in any vehicle in any public parking structure. . -1- , , . ~ (b) Notwithstanding (a) above, or any other section of this Code, public safety personnel may operate bicycles or roller skates at any place in the city in the performance of their duties. SECTION 2. Existing Santa Monica Municipal Code Section 3.12.590 is deleted in its entirety, and the following is inserted in lieu thereof: SECTION 3.12.590. Requlation of roller skates, skateboards and similar devices with wheels on public streets and other pUblic areas. The city Council may, by resolution, adopt regulations prohibiting or limiting the use of roller skates, skateboards and similar devices with wheels in public street rights-of- way, or sections thereof, and other public areas, or sections thereof, where necessary for publlC safety. SECTION 3. Existing Santa Monica Municipal Code Section 3.12.600 is deleted in its entirety and the following is inserted in lieu thereof: SECTION 3.12.600. Regulation of bicycles, roller skates, skateboards and similar devices with wheels in public parks and other cultural or recreational facilities. - The city Council may, by resolution, adopt:. regulations prohibiting or limiting the use of bicycles, roller skates, skateboards and similar devices with wheels 1n public parks, -2- . . l ~ or sections thereof, and other cultural or recreational facilities, or sections thereof, where necessary for public safety. - SECTION 4. Existing Santa Monica Municipal Code Section 3.12.610 is deleted in its entirety and the following is inserted in lieu thereof: SECTION 3.12. 610 PUblic notice and postinq of siqns required. Public notice of any resolution proposed for adoption pursuant to Sections 3.12.590 or 3.12.600 above shall be conspicuously posted at the location to be subject to regulation not less than ten (10) days prior to the date on which the City council wlll consider such resolution. Actions taken pursuant to sections 3.12.540, 3.12.590 and 3.12.600 above shall not take effect untll proper signs conveying notlce of such prohlbited uses have been posted. SECTION 5. Any portion of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, the extent of such inconslstencies and no further, are hereby repealed or modified to that extent necessary to affect the . provisions of this Ordinance. - -3- 1 . . ~ SECTION 6. 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 this Ordinance would be subsequently declared invalid or unconstitut1onal. SECTION 7. 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 wlthln 15 days after ~ts adoption. The Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~1:~2:::~~ City Atto ney - -4- , . , Adopted and approved this 26th day of July, 1994. - 11 JJ3A Mayor-I' I hereby certIfy that the foregoing Ordinance No 1756 (CCS) was duly and regularly adopted at a meetIng of The City Council on the 26th day of July, 1994; by the followmg CouncIl vote Ayes: Councilmembers. Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes' Councilmembers None AbstaIn Counc1lmembers None Absent Councilmembers: None ATTEST- / G~ -- ./' ; ~4.//P , N~ __________ r- Ctty- Clerk - t