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CA:f:atty\muni\strpts\mtt\parkcls
city Council Meeting 8-9-94
Santa Monica, California
AUG 0 9 1994
TO: Mayor and city council
FROM: city Attorney
SUBJECT: Ordinance Amending section 4.08.091 of the
Municipal Code Relating to Park Closure Hours
INTRODUCTION
At its meeting on August 2, 1994, the City Council introduced for
first reading an ordinance amending Section 4.08.091 of the
Municipal Code relating to park closure hours. 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
AUG 0 9 1994
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CA:f:atty\muni\laws\mjm\parkcls
city council Meeting 8-9-94 Santa Monica, California
ORDINANCE NUMBER 1761
(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
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between the hours of ten thirty p.m. and six
a.m. :
(1) Ashland Park;
(2) Beach Park #1;
(3) Beach Park
Headquarters);
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(Lifeguard
(4) Clover Park;
(5) Crescent Bay Park;
(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 highway, or to any street or
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highway which traverses any park, including the
Santa Monica Municipal 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 and 4.08.093.
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
unconsti tutional 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.
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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 Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
By
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MARTIN T. TACHIKI
Chief Deputy City Attorney
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Adopted and approved thIS 9th day of August, 1994
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I hereby certify that the foregomg Ordmance No 1761 (CCS) was duly and regularly
adopted at a meeting of The City Council on the 9th day of August, 1994, by the followmg
Council vote:
Ayes
Councilmembers'
Genser, Holbrook, Olsen, Rosenstem
Noes'
Councilmembers:
Abdo, Vazquez
Abstam' Councllmembers None
Absent: Councilmembers:
Greenberg
ATTEST'
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-- - CIty Clerk I'