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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. 1 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. 2 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 3 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, 4 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 thth 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 5 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 6 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 7