SR-802-001-04
'11)
JUN 0 8 2004
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City Council Meeting 6-8-04
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Amending Santa Monica Municipal Code Sections 10.08.620,
10.08.640 and 10.08.700 Relating to Diving Off of and Swimming Near the
Santa Monica Pier
Introduction
The attached, proposed ordinance would amend the Municipal Code to allow City
employees performing routine duties, persons participating in City authorized
Community Events, and safety personnel protecting or saving lives to dive off the Pier
and swim near it. The ordinance is presented to the City Council for first reading.
Backqround
Currently, the Municipal Code prohibits diving off the Santa Monica Pier except in two
situations: life saving efforts and exhibitions authorized by the Harbor Master.
Additionally, the Municipal Code prohibits swimming near the Pier except for servicing
or repairing vessels and water skiing and aquaplaning activities.
Discussion
City employees must enter the water around the Pier to perform maintenance on the
Pier. In addition, safety personnel may need to dive off the Pier or swim near it in order
to rescue endangered swimmers or others in the water. Also, Community Events may
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Such events may only be
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take place that involve diving off the Pier or swimming near it.
undertaken pursuant to a Community Events Permit, and the permit would be
conditioned to ensure safety. The attached, proposed ordinance amends three sections
of the Municipal Code to allow for these activities.
Financial/Budqet Impact
There are no anticipated financial or budgetary impacts.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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City Council Meeting 6-8-04
Santa Monica, California
(CCS)
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
10.08.620,10.08.640 AND 10.08.700 RELATING TO DIVING OFF OF AND
SWIMMING NEAR THE SANTA MONICA PIER
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 10.08.620 is hereby
amended to read as follows:
Section 10.08.620 Diving--Municipal Pier.
No person shall dive or jump off of any portion of the
Santa Monica Municipal Pier into the water below the Santa
Monica Municipal Pier except under the followinq
circumstances:
{1lin an emergency for the purpose of saving or
protecting life.
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(2) in coniunction with a City authorized Community
Event.
(3) by employees of the City. for the purpose of
performinq their duties.
Persons giving exhibits of diving or lifesaving may
jump or dive from the Santa Monica Municipal Pier when
specific permission to give such exhibition has been
received from the Harbor Master and such exhibition is
conducted under conditions prescribed by the Harbor
Master.
SECTION 2. Santa Monica Municipal Code Section 10.08.640 is hereby
amended to read as follows:
Section 10.08.640 Swimming.
It shall be unlawful for any person to swim in the
Harbor outside of the designated Swimming Areas or within
50 yards of any portion of any pier, except:
(a) A person who is the owner of a vessel, or who
acts at the request of such owner, while engaged in
servicing or repairing such vessel, and then only in the
immediate area of such vessel.
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(b) A person engaged in the sport commonly known
as water skiing or aquaplaning, or any derivations thereof,
provided such person is at all times wearing a safety belt of
a type approved by the Captain of Lifeguards of tho City.
(c). Safety personnel in an emergency for the purpose
of savinq or protectinq life.
(d) In coniunction with a City authorized Community
Event.
(e) City emplovees for the purpose of performinq
their duties.
(f) For the purpose of qivinq instruction, traininq, or
exhibitions, but onlv when specific permission to qive such
has been received from the proper authority and the same is
conducted under conditions prescribed bv such authority.
With respect to waters Ivinq within the protected area
adioininq breakwater. the proper authority shall be the
Harbor Master, and with respect to other waters within the
Harbor, the proper authority shall be the Captain of the
Lifequards.
SECTION 3. Santa Monica Municipal Code Section 10.08.700 is hereby
amended to read as follows:
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Section 10.08.700 Swimming Areas--Exceptions.
The provisions of Sections 10.08.6'10, 10.08.650 and
10.08.690 shall not be applicable to acts performed:
(a) In an emergency, for the purpose of saving or
protecting life or property.
(b) By employees of the City, for the purpose of
performing their duties.
(c) For the purpose of giving instruction, training, or
exhibitions, but only when specific permission to give such
has been received from the proper authority and the same is
conducted under conditions prescribed by such authority.
With respect to waters lying within the protected area
adjoining breakwater, the proper authority shall be the
Harbor Master, and with respect to other waters within the
Harbor, the proper authority shall be the Captain of the
Lifeguards of tho City.
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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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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 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 within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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