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SR-702-019 F:\atty\muni\strpts\mjm\rollerbladereport City Council Meeting 11-23-04 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Resolution Allowing the Use of Rollerblades on the Third Street Promenade Introduction At its meeting on November 9, 2004, the City Council directed staff to return with a resolution repealing the current prohibition against skating on the Promenade. The requested resolution is attached. Background The Municipal Code authorizes the City Council to regulate through resolutions the use of roller skates and skateboards on public streets and the use of bicycles on the Third Street Promenade. On July 28, 1998, the Council adopted Resolution Number 9304 (CCS) which included extensive findings relating to safety and which prohibited the use of skateboards, skates, bicycles and similar devices on the Promenade. Advocates of in-line skating have argued that the prohibition is too broad because skates are securely attached to their operator and therefore do not pose the same risks as boards and bikes. 1 Discussion The Municipal Code gives the Council the power to prohibit skating on public streets and rights of way ?where necessary for public safety.? The previously adopted resolution includes findings supporting the prohibition against skating contained in the resolution. Given the language of the Municipal Code and the findings in Resolution Number 9304 (CCS), any decision to repeal the prohibition should be supported by a record containing evidence that the prohibition is unnecessary. Financial Impacts There are no direct financial impacts. Indirect adverse financial consequences could result if the City Council acts to repeal the prohibition without a supporting record. Recommendation If the Council determines that the prohibition against skating on the Promenade should be repealed, that determination may be effectuated by adopting the attached resolution. PREPARED BY: Marsha Jones Moutrie, City Attorney 2 F:\atty\muni\laws\mjm\rollerbladereso City Council Meeting 11-23-04 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ALLOWING THE USE OF ROLLERBLADES ON THE THIRD STREET PROMENADE WHEREAS, the Third Street Promenade is a successful pedestrian mall which attracts large crowds; and, WHEREAS, the City regulates activities occurring on the Third Street Promenade in order to preserve public safety and promote public welfare; and WHEREAS, on July 28, 1998, the City Council adopted Resolution Number 9304 (CCS) prohibiting the use of bicycles, roller skates, skateboards and similar devices on the Third Street Promenade; and WHEREAS, since the adoption of that resolution, in-line skaters have advocated for a modification of the resolution to allow for in-line skating on the Promenade; and WHEREAS, advocates of that change have urged that rollerblades do not pose risks similar to skateboards and bicycles because rollerblades are securely attached to their operator; and 3 WHEREAS, many residents of the City routinely use rollerblades as a means of transportation which is good for their own health and is an environmentally-sensitive alternative other means of transportation; and WHEREAS, the Council wishes to facilitate activities which promote individual health and which are environmentally sensitive, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The prohibition against the use of roller skates and in-line skate on the Third Street Promenade, enacted by Resolution Number 9304 (CCS), is hereby repealed. SECTION 2. In all other respects, Resolution Number 9304 (CCS) shall remain in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ MARSHA JONES MOUTRIE City Attorney 4