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SR-8C (13) 8C CCS:SEM: :se:cchour Councll Meeting August 2, 1994 Santa Monlca, Callfornia AUG 0 2 199'f STAFF REPORT TO: Mayor and City Councll FROM: City Staff SUBJECT' Report on Park Operation Hours, Recommendatlon of the Recreation and Parks Commisslon to Modify Those Hours and Ordlnance for First Reading ModlfYlng the Park Closure Hours Currently In Effect INTRODUCTION TblS report provldes informatlon regardlng hours of use of Clty parks, transmlts a recommendatlon of the Recreation and Parks Commlsslon regardlng modlflcation of those hours, and presents an ordinance for first readlng modifying the park closure hours currently In effect. BACKGROUND By ordlnance, Clty parks are closed from 12:00 mldnight to 5.00 a.m. At the June 21, 1994 Clty Council meetlng, Council directed staff to evaluate the hours of operatlon of City parks and return to Cauncll with any recommendatlons for modiflcatlon of ordinances governlng park hours. In ccoperatlon wlth the Pollce Department, staff has ldentlfied patterns of use ln the parks WhlCh are conslderatlons in settlng park hours. The Recreatlon and Parks CommlsSlon consldered the matter at their July 21 meetlng and recommended modlfled hours. AUG 0 2 199'1 1 8e ~ Current Use Patterns In regard to outdoor use I the latest organized league play 1S completed by 10:10 p m and f1eld lights are extinguished between 10 15 and 10:30 p m The earliest field user lS a Santa Mon1ca College soccer class 1n spr1ng which meets at 6 30 a.m. at the Clover Park extension. Mornlng Joggers and walkers populate parks at an early hour. In warm weather, park ne1ghbors and visitors 1n downtown areas may stroll lnto the evening. Off-leash dog hours 1n parks begln at 7:30 a.m. and conclude at 8'30 p.m. under new hours adopted by Councll at the1r July 26 meeting The gymnas1um ln Memorial Park closes at 10:00 p.m. and users are asked to complete the1r games by 9.45 P m. to clear the gym A non-proflt group uses the cultural arts fac1l1ty at Memorlal one lllght per week until 11:00 p m PAL programs at Memorial may run unt11 midn1ght and the facility occaslonally hosts sleep overs. At Mar1ne Park, the Red Ribbon Squares and a Scottish dance class use the facility untll 11:00 p.m. A self-help group meets at the Douglas Park clubhouse untll 11:00 p.m. The Chess Club meets at the Senlor Center at pallsades Park untll 11:00 p.m TennlS court llghts at Lincoln Park go off at mldnight although the last reservat ion granted concludes at 10: 00 p. m. Occasional Cl ty- sponsored speclal events ~ay engage park facllltles until 11'00 p.m. or later. The Police Department recelves and responds to compla1nts of late night nOlse and actlv1ty in parks. The Recreatlon and Parks Comnisslon consldered this lssue at thelr meeting of July 21, 1994. 2 DISCUSSION Santa MOTI1Ca resldents and V1sltors use Clty parks from flrst llght (or earlier) and unt1l 11:00 p m (or later) A C1ty ordinance, currently enforced only in Palisades Park, closes parks from mldn1ght to 5:00 a.m., hours WhlCh do not unreasonably 1mpinge on the user patterns 1dent1fled above Whlle it may be that park nelghbors would llke to encourage earl1er closure of parks and park facll1t:..es (since persons attending meetings and events make nOlse as they leave and those engaged ln sports act1vlties make noise while playing and as they leave) and that users groups would advocate to preserve eXlst1ng hours, no members of the publlC were present to speak on the lssue at the Recreation and Parks Comm1SS1on meet1ng. BUDGET/FINANCIAL IMPACT The recommended hour changes in this report wlll not have budget or fiscal 1mpact Slgnage changes w1ll be funded under eXlsting budget line items. RECOMMENDATION The Recreatlon and Parks Commission recomme~ds that the attached ordinance be approved modlfying park hours so that parks close at 10:30 p.m. They also recorrmend that permits not be lssued for start times prlor to 7'30 a.m. for any activ~ty whlch 1S llkely to be noisy or for act1v1t1es t~at cannot be concluded by 10:15 p.m, allowlng part1cipants 15 min~tes to leave the park. 3 Prepared by: Susan E. McCarthy Dlrector of Community and Cultural SerVlces 4 CA:f:atty\rnuni\laws\mjm\parkcls city council Meeting 8-2-94 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 4.08.091 OF THE MUNICIPAL CODE RELATING TO PARK CLOSURE HOURS WHEREAS, the Recreation and Parks Commission has recommended that park closure hours be modified; WHEREAS, late night park usage interferes with neighbors' quiet enjoyment of their residences; and WHEREAS, parks may be closed at 10: 30 P . m. without any substantial adverse impact upon recreational usage of parks. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4.08.091 of the Santa Monica Municipal Code is amended to read as follows: 4.08.091 Park Closure. (a) No person shall enter or remain in any of the following city of Santa Monica parks - 1 - between the hours of ., ': t'1 I I -'." p. I'. t n" I'," a.m. and five a.m.: (1) Ashland Park; (2) Beach Park #1; (3) Beach Park #4 (Lifeguard Headquarters); (4) Clover Park; (5) Crescent Bay Bank; (6) Douglas Park; (7) Hotchkiss Park; (8) Joslyn Park; (9) Lincoln Park; (10) Los Amigos Park; (11) Marine Park; (12) Memorial Park; (13) Ocean View Park; (14) Ozone Park; (15) Pacific street Park; (16) Palisades Park; (17) Park Drive Park; (18) Schader Park; (19) Stewart street Park; (20) Virginia Avenue Park. (b) This section shall not apply to any public sidewalk immediately adjacent to any public street or h~ghway, or to any street or - 2 - highway which traverses any park, including the Santa Monica Munlclpal pier access road or walkway and any portion of California Avenue. (c) Any person present in any park during hours when the park is closed may be stopped and questioned by any law enforcement officer to determine whether or not such person is in compliance with sections 4.08.091 through 4.08.094. 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 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. - 3 - 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 Ordlnance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~~-h4 MARSHA JONEd MOUTRIE city Attorney - 4 -