SR-308-003 (24)
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City Council Meeting 10-14-03
1D
ocr 1 4 2003
Santa Monica, California
IrO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance of the City Council of the City of Santa Monica Amending Santa
Monica Municipal Code Section 4.08.190 to Prohibit the Operation of
Motorized Model Vehicles in Beach Parking Lots
Introduction
The attached ordinance prohibiting the operation of motorized model vehicles in beach
parking lots is presented to the City Council for its consideration.
Background
A number of complaints have been received from the residents living adjacent to beach
parking lots about the noise created by the use of motorized model vehicles in the beach
lots. In addition, the operations of the model vehicles may also be hazardous. Operators
of the models may be inattentive to vehicular traffic in the lots. People driving through the
beach lots may be unable to see small children who may be operating their cars in the
same area where those people wish to park their cars. The City currently prohibits
operation of remote control model airplanes in public parks and recreation areas for similar
noise and safety reasons.
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1D
OCT 1 4: 2003
Discussion
The attached ordinance amends Section 4.08.190 of the Santa Monica Municipal Code to
prohibit the operation of motorized model vehicles in the beach parking lots.
Communication and enforcement of the ordinance will be undertaken through a
combination of signage and community education to inform the public that the operation
of motorized model vehicles is prohibited. The goal is to achieve voluntary compliance with
this approach.
Financial/Budget Impact
There will be no financial or budget impact as a result of the 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 Services
Elaine Polachek, Open Space Manager
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f:\atty\muni\laws\mjm\modelcars-1.wpd
City Council Meeting 10-14-03
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 4.08.190 TO PROHIBIT THE OPERATION OF
MOTORIZED MODEL VEHICLES IN BEACH PARKING LOTS
WHEREAS, persons are operating motorized model vehicles in beach parking
lots; and
WHEREAS, the noise created by the vehicles disrupts the quiet enjoyment of
residents living near the beach parking lots; and
WHEREAS, the operation of model vehicles in the beach parking lots also
creates safety hazards; and
WHEREAS, children and other operators of motorized model vehicles may be
inattentive to vehicular traffic in the parking lots; and
WHEREAS, operation of motorized model vehicles in parking lots is therefore
i na pp ropriate/problematic,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 Santa Monica Municipal Code Section 4.08.190 is hereby amended
to read as follows
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Section 4.08.190. Remote control models.
(a) No person shall land, take off, release, or fly operate any model
plane in any park, playground, beach. beach parking lot or public recreation
area.
(b) No person shall operate any model car. truck or vehicle in any
beach parking lot.
!Q} For purposes of this Section, model shall mean the following V'"
definitions shall apply:
(1) Model plane shall mean Aany device that flies, whether
uncontrolled or controlled by radio, wire, or string, and is powered by internal
combustion, electricity, gasoline, or any other type of fuel~7
(2) A and any device that flies by whatever means weighing
more than eight ounces.
(2) Model vehicle shall mean any model vehicle controlled by
radio or wire and powered by internal combustion. electricity. gasoline.
battery. or other type of fuel or power.
@ This Section shall not apply to models in any area designated by
the City for the use of such models if the person using the model is in
compliance with posted rules governing the use of the designated area.
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
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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 official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption
APPROVED AS TO FORM
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