O2308f:\mu ni\share\laws\mjm\4thStMed ianORD2d030910
City Council Meeting: 3-9-2010 Santa Monica, California
ORDINANCE NUMBER 2308 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE 4.20.010
RELATING TO THE USE OF MEDIAN PLANTING STRIPS AND PARKWAYS
WHEREAS, many of the City's residential and other streets are enhanced by
grassy median strips and. parkways; and
WHEREAS, these medians and parkways enhance the aesthetic quality of
streets and neighborhoods; and
WHEREAS, the grassy medians and, to a lesser extent parkways, also serve to
enhance residents' quality of life by providing spaces for limited recreation, including
walking, jogging and more passive activities, such as lounging or picnicking; and
WHEREAS, in recent years, persons have begun conducting commercial and
other high-impact activities on the medians and parkways including exercise classes,
physical therapy sessions, and weight training; and
WHEREAS, the medians and parkways are not intended, designed or maintained
for these uses; and
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WHEREAS, such high-impact and concentrated uses damage and degrade the
medians and parkways and otherwise negatively impact neighborhood quality of life;
and
WHEREAS, in order to preserve the medians and parkways for their intended
purposes, it is necessary to impose these reasonable restrictions upon their use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.20.010 is hereby amended
to read as follows:
4.20.010 Use of median planting strips and parkways.
Purpose:
(a) Median strips and parkways planted with grass
are intended to enhance the aesthetic qualities of
neighborhoods and streets and to also provide limited
opportunities for recreation including walking, jogging
and respite. However, they are not intended for, and
cannot sustain concentrated and high-impact use,
including use for commercial or business purposes.
The following prohibitions are intended to preserve
grassy medians and parkways for these specified
purposes.
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(b) Prohibitions
(1) No person shall place or use any
exercise, physical therapy or similar equipment on the
4tn Street median strip or the 4th Street parkway. This
prohibition shall not apply to parking bicycles.
(2) No person shall use a median strip or
parkway for any commercial or business purpose..
(c) Penalties
Any person violating this section shall be guilty
of a misdemeanor, which shall be punishable by a
fine not exceeding One Thousand Dollars ($1,000.00)
per violation, or by imprisonment in the County Jail for
a period not exceeding six months, or by both fine
and imprisonment; or shall be guilty of an infraction,
which shall be punishable by a fine of not less than
One Hundred Dollars ($100.00) but not more than
Two Hundred Fifty Dollars ($250.00).
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
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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 Gity 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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City Attorney
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Approved and adopted this 9th day of March, 2010.
t~
i Pam O'Connor, Mayor Pro Tem
State of California ) J
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2308 (CCS) had its introduction on February 23`d, 2010, and
was adopted at the Santa Monica City Council meeting held on March 9th, 2010, by the
following vote:
Ayes: Council members:
Noes: Council members:
Abstain: Council members
Absent: Council members
Bloom, Davis, McKeown, O'Day
Mayor Pro Tem O'Connor
None
None
Holbrook, Shriver
A summary of Ordinance No. 2308 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
_____.~
Maria Stewart, City Clerk