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SR-8C (15) C ~! 1 2 .. PCD:SF:RF:fb:SKATERPT;WP51FB council Meeting, July 12, 1994 Santa Monica, Califor To: Mayor and City council From: city staff 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 Authorize the City Parking and Traffic Engineer and the Director of cultural and Community Services to Prohibit the Use of Bicycles, Roller Skates, Skateboards and Similar Devices with Wheels within Their Respective Jurisdictions as Public Safety Needs Dictate; and to Permit the Use of Bicycles on Sidewalks and Skates by Public Safety Personnel Introduction The City council has directed the preparation of an ordinance prohibiting the use of roller skates and roller blades within the Bayside District of Downtown Santa Monica and to permit the use of bicycles and skates by public safety personnel. The Recreation and Parks Commission has recently recommended that the city Council also provide authority to prohibit the use of skateboards and roller skates in City parks upon the posting of appropriate signs. The accompanying ordinance has been prepared in response to these directions and in recognition of future needs which may arise. It is presented to the city council for its consideration and adoption. -1- JUt 1 2 . 8C Backqround In recent years, the Third street Promenade has become increasingly popular. Counc ilmembers , police off icers and staff received complaints from shoppers, visitors, community groups and merchants along the Third street Promenade regarding individuals on skateboards and roller skates (including the new popular roller blades) and the use of bicycles in parking structures. The Promenade is pedestrian oriented, and visitors do not expect fast moving individuals to be passing close to them. Senior citizens are particularly frightened and fearful of being struck by persons on skates or skateboards. The Board of Directors of the Bayside District Corporation has adopted a motion supporting the proposed amendments as they apply to the Third street Promenade. Other Ca 1 if ornia c 1. t l.es , including Sacramento, Pasadena, Burbank and Glendale have adopted similar ordinances. The ordinance is written to authorize the city Parking and Traffic Engineer to establish such prohibitions as public safety needs dictate. This is done in order to provide a quicker response to changing conditions in the City and to avoid burdening the City Council with repeated ordinances which would otherwise be necessary. At a meeting on June 16, 1994, the Recreation and Parks Commission voted unanimously to recommend that the city Council also provide authority to prohibit skateboards and roller skates in City parks as public safety needs dictate. The Commission has carefully considered prohibiting skateboarding and roller skating in City -2- parks. It found that, when proper equipment and precautions are used, these activities provide healthy and constructive exercises for youth. A total ban against skateboarding and roller skating in all City parks could cause young people to use streets and other more dangerous areas to enjoy these forms of exercise. However, there are certain congested park areas where skateboarding and rollerskating are not compatible with other activities. Douglas Park, where the users are predominately senior citizens and parents or caregivers with small children, is such an area. Police officers and City staff have received frequent complaints and requests for restrictions in that park. It is possible that problems may arise in other parks or portions thereof. It was recommended that an ordinance be adopted authorizing the Director of Cultural and community Services, with the concurrence of the Recreation and Parks Commission, to prohibit the use of roller skates, skateboards and similar devices with wheels in City parks and park areas as public safety needs dictate. Such prohibitions shall be come effective only upon the posting of appropriate signs. The attached ordinance was prepared in response to these needs and concerns, in cooperation with the City Attorney's Office, the cultural and community services Department, the Police Department and the Parking and Traffic Engineering Division. -3- If the City council adopts this ordinance, bicycles will be prohibited in public parking structures. In order to facilitate the continued use of bicycles as a desirable alternate mode of transportation, bicycles will continue to be permitted on the roadway of the Third street Promenade. It is the intention of the City Parking and Traffic Engineer to prohibit the use of roller skates, skateboards and similar devices with wheels on the Third street Promenade between Wilshire Boulevard and Broadway as well as in the City's parking structures in order to meet the needs of public safety as noted above. Similarly, if the ordinance passes, it is the intention of the Director of Cultural and community services to prohibit the use of bicycles, roller skates, skateboards and similar devices with wheels in Douglas Park in order to meet the needs of public safety. Both the City Parking and Traffic Engineer and the Director of Cultural and Community services will monitor the areas where such prohibitions are established and will make adjustments as appropriate. Discussion The accompanying ordinance amends Municipal Code Sections 3.12.540, 3.12.590, 3.12.600 and 3.12.610 as follows: -4- Sect10n 3.12.540. This Section will be amended to prohibit bicycles in public parking structures. It will also provide that public safety personnel may operate bicycles or roller skates at any place in the City in the performance of their duties. Section 3.12.590. This Section will be replaced with a new section which authorizes the city Parking and Traffic Engineer to prohibit the use of roller skates, skateboards and similar devices with wheels, on public streets and other public areas as public safety needs dictate. section 3.12.600. This section will be replaced with a new section which authorizes the Director of Cultural and Community SerV1ces to prohibit the use of bicycles, roller skates, skateboards and similar devices with wheels, in public parks and other cultural or recreational facilities as public safety needs dictate. section 3.12.610. This section will be replaced with a new section which requires the proper posting of signs before any action authorized under sections 3.12.540, 3.12.590 or 3.12.600 may take effect. Budqet and Fiscal Impact The recommendations in this report will not have any budget or fiscal impact. Any signs required will be funded under existing budget line items. -5- Recommendation It is respectfully recommended that the accompanying ordinance be lntroduced for first reading. Prepared by: Marsha Jones Moutrie, Suzanne Frick, Susan McCarthy Ron Fuchiwaki, Frank Barnes, -6- city Attorney Director of Planning and Community Development Director of cultural and Community Services City Parking and Traffic Engineer Special projects Engineer PCD:SF:RF:fb:ORDSKATE;WP51FB Council Meeting, July 12, 1994 Santa Monica, California ORDINANCE NUMBER (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, 3.12.600, AND 3.12.610 TO PROHIBIT THE USE OF BICYCLES IN PUBLIC PARKING STRUCTURES AND TO AUTHORIZE THE CITY PARKING AND TRAFFIC ENGINEER AND THE DIRECTOR OF CULTURAL AND COMMUNITY SERVICES TO PROHIBIT THE USE OF BICYCLES, ROLLER SKATES, SKATEBOARDS AND SIMILAR DEVICES WITH WHEELS WITHIN THEIR RESPECTIVE JURISDICTIONS AS PUBLIC SAFETY NEEDS DICTATE; AND TO PERMIT THE USE OF BICYCLES ON SIDEWALKS AND ROLLER SKATES BY PUBLIC SAFETY PERSONNEL 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 3.12.540. m'L.._ _.: ~__ _.e _ 1-.": _.._, _ ...___ _ ~,I."'''''' .L. ~....."-'"~ ....,.... ..... ~..L.'-"J ..........._ .....~"........ '"" ___...:IT.9'_'l:" ..L. -............."........:t _......_" _-=...:31_ __ ....................... _..L............. 'L.oL~ -~-~,.. -~ ..........'-"1._ ..L.,Z '-A.~ ----...:--\...,- 1::'......"""-.......""'....-.....-.....- ...-r..:.a-~.:_ .c.:...._ 'E::') ........... __..............." ..L.....,J.,.".~ \-' ..t:__.... _~ ....""'_ ....--- -.... -......- _.:_1-..... """"'__....:I ..L......~......_ ..A..............--. _..._1.-.. __ _~__ _4= ...."""_ ___..-=1...._... _..JI___...... ""_..'....__ __..L.._ -..... -......":J- _..L. -......- ..... _.....-..I'....~ .......~'-"......t'",. 7......_..... 1:''I.A.....................~ ~ ...._1,.,...: _,_ ..._..........L............_ __1,": __ .au........~.........":J ~ ... -~.. ..a.._......... '-__..::I .L.&................ "'-..-- ................... ~t an .::-......------.......:-- ...... ____ ___ ___.a... It shall be unlawful to ride a bicycle or to coast in any vehicle in any public parkinq structure. (b) Notwithstandinq (a) above or any other section of -1- this code, public safety personnel may operate bicycles or roller skates at any place in the city in the oerformance 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. Prohibi tion of roller skates, skateboards and similar devices with wheels on public streets and other Dublic areas. The city Parking and Traffic Enqineer may adopt requlations prohibitinq the use of roller skates, skateboards and similar devices with wheels in public street riqhts-of-way, or any sections thereof, and other pUblic areas where necessary for public 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. Prohibition of bicycles, roller skates, skateboards and similar devices with wheels in public parks, or any sections thereof, and other cultural or recreational facilities. The Director of Cultural and Community services may adopt reaulations orohibitina the use of bicycles. roller skates, skateboards and similar devices with wheels in public parks, or any sections thereof, and other cultural or recreational facilities where necessary for public safety. -2- 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 postinq of siqns required. Actions taken pursuant to sections 3.12.540, 3.12.590 and 3.12.600 above shall not take effect until proper siqns convevinq notice of such prohibited uses have been posted. SECTION 5. Any portion of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, 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 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 unconstitutional. -3- 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 within 15 days after its adoption. The Ordinance shall become effectlve after 30 days from its adoption. APPROVED AS TO FORM: ~j1~~~ ~tu-< MARSHA JON MOUTRIE city Attor ey -4-