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SR-8-B (130) B_D CA:JL:jld859jhpca1jpc city council Meeting 4-27-93 Santa Monica, California STAFF REPORT TO: Mayor and City Council SUBJECT: city Attorney Ordinance Amending Santa Monica Municipal Code Sections 3.12.590, 3.12.610, and 3.20.020 to Prohibit the Use of Roller Skates, Whether In Line or conventional, within the Bayside District Area of Downtown Santa Monica and to Permit the Use of Bicycles and Skates by Public Safety Personnel FROM: At its meeting on September 15, 1992, the City Council directed the City Attorney to prepare an ordinance prohibiting the use of roller skates and roller blades wi thin the Bayside District of Downtown Santa Monica and to permit the use of bicycles and skates by public safety personnel. In response to this direction, the accompany ordinance has been prepared and is presented to the City council for its consideration. The accompanying ordinance amends Municipal Code sections 3.12.590, 3.12.610, and 3.20.020 as follows: Section 3.12.590. This section has been amended to add use of roller skates to the list of activities prohibited in designated areas, as well as to expand the areas within which these activities are prohibited to include the Bayside District of Downtown Santa Monica. This district is defined as that area bounded by First Court on the west, Wilshire Boulevard on the north, Fourth Court on the east, and Broadway on the south. In - 1 - . addition, a subsection has been added to provide that public safety personnel may operate roller skates in the Bayside District in the performance of their duties. section 3.12.610. This section has been amended to add the use of roller skates to the list of prohibited activities in pUblic parking structures, excluding pUblic safety personnel who may use roller skates in the performance of their duties. section 3.20.020. This section has been amended to provide that despite licensing requirements which require bicyclists to stay off of sidewalks in the city and where elsewhere prohibited, public safety personnel are allowed to operate bicycles in these areas when they are engaged in the performance of their assigned duties. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Joseph Lawrence, Acting city Attorney - 2 - CA:RMM:jld766/hpca1/pc city Council Meeting 4-27-93 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 3.12.590, 3.12.610, AND 3.20.020 TO PROHIBIT THE USE OF ROLLER SKATES, WHETHER IN LINE OR CONVENTIONAL, WITHIN THE BAYSIDE DISTRICT AREA OF DOWNTOWN SANTA MONICA AND TO PERMIT THE USE OF BICYCLES AND 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 3.12.590 is amended to read as follows: SECTION 3.12.590. skateboardsL Roller Skates -- Prohibited Areas. (a) No person shall operate, ride, or propel himself or herself by means of a skateboard or roller skates of any kind, including in line and conventional skates, over or upon any portion of that area described as the Bayside District of Downtown Santa Monica, ln or upon the Palisades Park, a public park, or in or upon Library property. - 1 - (b) Notwithstanding the above, public safety personnel are authorized to operate or use roller skates in the above-described areas in the performance of their assigned duties. (c) For purposes of this Section, the Bayside District of Downtown Santa Monica is defined as follows: the area bounded by First Court on the west, Wilshire Boulevard on the north, Fourth Court on the east, and Broadway on the south. SECTION 2. Santa Monica Municipal Code Section 3.12.610 is amended to read as follows: SECTION 3.12.610. Ska~eboards and Roller Skates Prohibited in PUblic Parking structures. (a) No person shall operate, ride, or propel himself or herself by means of a skateboard or roller skates of any kind, including in line or conventional skates, over or upon any portion of any public parking structure located in the city of Santa Monica, including but not limited to those owned by the City of Santa Monica and the Parking Authority of the city of Santa Monica. - 2 - (b) Notwithstanding the above, public safety personnel are authorized to operate or use roller skates in the above-described areas in the performance of their assigned duties. SECTION 3. Santa Monica Municipal Code section 3.20.020 is amended to read as follows: SECTION 3.20.020. License Application. (a) Any person desiring to operate or use a bicycle upon any of the streets of the City shall apply therefor to the City Clerk or bicycle retailer (authorized agent) who shall record the name and address of the owner thereof and a description of said bicycle. The City Clerk or authorized agent shall issue the license requested upon payment by the applicant of the fee herein required. Said license when issued shall entitle the licensee to operate said bicycle for which said license has been issued upon all the streets, exclusive of the sidewalks thereof or elsewhere prohibited in the City. (b) Notwithstanding the foregoing, public safety personnel are authorized to - 3 - operate bicycles upon all of the streets, as well as upon public sidewalks, the Third street Promenade, the Bayside District of Downtown Santa Monica, and anywhere else where in their opinion bicycles are needed, necessary or appropriate for the performance of their assigned duties. SECTION 4. 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 5. 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 6. 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 - 4 - within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ---------- - 5 -