SR-303-001-02
f:\atty\muni\strpts\mjm\parkamend.doc
City Council Meeting 7-27-04 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Amending the Santa Monica Municipal Code to Amend the
Definition of Park Facility and to Prohibit Golfing in City Parks
Introduction
The attached, proposed ordinance amends the Municipal Code definition of Park
Facility to provide better protection for park hardscape and adds a section to the Code
to prohibit golfing in City parks. The ordinance is presented to the City Council for first
reading.
Background
Municipal Code Section 4.55.040 prohibits damaging any “park facility.” The current
definition of that term may not be adequate to protect all park hardscape. For example,
damage caused to railings by skateboards may not be covered. In addition, the
Municipal Code does not prohibit golfing in City parks. However, that activity damages
turf and endangers park users.
Discussion
The attached, proposed ordinance amends the definition of “park facility” and contains
a new prohibition against golfing, with any kind of ball, in City parks. Amending the
definition of “park facility” to include any structure, recreational facility, table, bench,
1
fence, monument, equipment, apparatus, walkway, wall, curb, rail, fountain, statue or
other City property located in a City park, will better protect park hardscape. Adding a
prohibition against golfing in City parks, will afford better protection to park users.
Financial/Budget Impact
No financial or budget impacts are anticipated due to the passage of the attached,
proposed ordinance.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Barbara Stinchfield, Director of Community and Cultural
Development
Elaine Polachek, Open Space Manager
2
f:\atty\muni\laws\mjm\parkamend-1.doc
City Council Meeting 7-27-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE TO AMEND
THE DEFINITION OF PARK FACILITY TO THE CODE AND TO PROHIBIT GOLFING
IN CITY PARKS
WHEREAS, some uses of City parks may damage the hardscape and the current
definition of park facility contained in the City’s Park Maintenance Code does not
adequately define the structures that may be damaged; and
WHEREAS, golfing in the City’s crowded parks can be dangerous to park users,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.55.020 is hereby amended
to read as follows:
Section 4.55.020 Definitions.
As used in this Chapter, the following words and
phrases shall have the following meanings:
3
"Department" shall mean the Department of
Community and Cultural Services.
"Director" shall mean the Director of the Department
of Community and Cultural Services.
"Litter" means any abandoned, discarded substance
including, but not limited to: garbage, refuse, rubbish,
abandoned and inoperable household appliances, discarded
packaging or containers, discarded building, plumbing or
construction material, unless pursuant to construction
operations, lighted or nonlighted cigarettes, cigars, matches
or any flaming or smoldering material, and all other waste
matter which, if thrown or deposited as prohibited herein,
may be detrimental to public health, safety and welfare.
"Park" and "parks" shall mean and include the
following parks in the City: Ashland (Sunset/Ashland Park)
Deleted:
e
Park, Beach Park #1, Beach Park #4, Barnard Way Linear
Park, Clover Park, Crescent Bay Park, Douglas Park, Goose
Egg Park, Hotchkiss (Mary Hotchkiss Park) Park, Joslyn
Park, Christine Emerson Reed Park, Marine Park, Memorial
Park, Ocean View Park, Ozone Park, Pacific Street Park,
Palisades Park, Park Drive Park, Schader Park, South
Beach Park, Stewart Street Park, Virginia Avenue Park and
4
any City-owned landscaped open space in the Civic Center
area.
"Park facility" and "park facilities" shall mean any
Deleted:
building,structure, recreational facility, table, bench, fence,
Deleted:
or park property in any park
monument, equipment, apparatus, walkway, wall, curb, rail,
fountain, statue or other City property located in a park.
"Park foliage" shall mean any tree, hedge, bush,
shrub, plant, flower, grass or foliage in any park.
SECTION 2.Section 4.55.045 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 4.55.045. Golfing in parks prohibited.
No person shall hit a ball with a golf club in a City
park.
SECTION 3. 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.
SECTION 4. 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
5
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 5. 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:
_________________________
MARSHA JONES MOUTRIE
City Attorney
6