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SR-308-003 (24) f:\atty\m u n i\strpts \m j m \mod elca rs. wpd 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. 1 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 2 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 1 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 2 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 3