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.
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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be repealed, that determination may be effectuated by adopting the attached resolution.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
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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
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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
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