SR-303-009 (11)
F:\atty\muni\strpts\mjm\parkstructures.doc
City Council Meeting 9-13-05 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Amending Santa Monica Municipal Code Section 4.55.060
Relating to the Erection of Unattended Structures in Palisades Park
Introduction
The Municipal Code currently allows unattended displays in Palisades Park during the
month of December when park usage is relatively low. The accompanying ordinance
would extend that period by nine days, from November 27th through January 4th, in
order to provide time for installation and removal and to encompass the dates of two
winter celebrations.
Background
Municipal Code Section 4.55.060 prohibits the installation of unattended displays in City
parks. However, an exception allows unattended displays in Palisades Park adjacent to
Ocean Avenue during the month of December. This exception provides an opportunity
for expression through displays during the winter when recreational use of the park is
lower than during other seasons and when several holidays occur. However,
installations are limited in time, place and manner to protect shared usage of the park
for recreational purposes by the entire community. Unattended displays are not
restricted or regulated as to content.
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In the past, groups installing unattended displays have asked if a small amount of
additional time could be allowed for installation and removal so that their displays could
actually be in place for the entire month of December. Moreover, it has been noted that
certain winter celebrations important to many members of the community sometimes
begin in late November or extend into the first week of January.
Discussion
The proposed amendment would address the request for additional time for installation
and removal of displays. Five days would be added at the beginning of the display
period and four days at the end. Because the extensions are both quite short and
because the display area is already delineated and confined by the Code, the proposed
amendment would not significantly impact shared usage of the park.
Additionally, the amendment would ensure that the display period encompasses the
mid-winter celebrations of Hanukkah and Kwanzaa. The former extends into early
January this year, and the latter always runs through the first few days of January. Of
course, winter displays are not limited in content to particular celebrations. In order to
respect and preserve First Amendment rights, the City does not regulate installation
content in any way. However, most past installations have celebrated mid-winter
holidays.
Financial Impacts
Adoption of the proposed ordinance will not have any financial impact.
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Recommendation
Staff recommends that Council introduce the attached ordinance on first reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
Barbara Stinchfield, Director of Community and Cultural Services
Elaine Polachek, Open Space Manager
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F:atty\muni\laws\mjm\parkstructures-1.doc
City Council Meeting 9-13-05 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.55.060
RELATING TO THE ERECTION OF UNATTENDED STRUCTURES IN PALISADES
PARK
WHEREAS, in order to ensure that scarce recreational spaces remain available to all for
shared use, the installation of unattended displays is prohibited in City parks; and
WHEREAS, this prohibition has an exception which allows displays in a designated strip
of Palisades Park for one month during winter when park usage is relatively low; and
WHEREAS, this exception allows individuals and groups to express themselves through
installations without regard to the expression’s content, which is not regulated; and
WHEREAS, the City has received requests to extend the display period to allow extra
time for installation and removal; and
WHEREAS, some installations relate to celebrations and certain celebrations may
extend into early January or may begin in November,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.55.060 is hereby amended
to read as follows:
Section 4.55.060. Erection of structures.
No person shall, in any park, erect, maintain, use or
occupy any tent, lodge, shelter, structure or unattended
installation or display. The following are exempt from this
prohibition:
(a) City structures and installations;
(b) Unattended installations or unattended displays
Deleted:
during the month of
December
in Palisades Park adjacent to Ocean Avenue from November
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27 through January 4 in an area designated by City
Council resolution; and
(c) Other displays or installations authorized by a
Community Event Permit issued by the City.
If displays or installations pursuant to subsection (b)
exceed the available, designated space, the City shall
allocate the designated space on a first-come, first-served
basis, irrespective of the content of the display or installation
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Formatted: Superscript
Formatted: Superscript
and irrespective of the identity of the person or persons
responsible for the display or installation.
Persons displaying or installing pursuant to
exemptions (b) and (c) above must comply with applicable
safety standards, cover any attendant costs to the City and
agree to hold the City harmless as to injury or loss resulting
from the installation or display. The City Manager may adopt
administrative guidelines for allocating the space available
for displays and installations.
SECTION 2. 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 3. 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 4. 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
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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
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