Loading...
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