sr-032211-7c~®
~;tYof City Council Report
Santa Monica
City Council Meeting: March 22, 2011
Agenda Item: ~" `G
To: Mayor and City Council
From: Tim Jackman, Chief of Police
Subject: Proposed Ordinance Authorizing Certain Vehicles to Operate on Public
Beaches and in Public Parks
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance amending Section 3.12.640 of the Santa Monica Municipal Code in order to
permit drivers who are part of City permitted events, and authorized City employees and
City contractors, to operate vehicles on public beaches and in City parks.
Executive Summary
This proposed ordinance amends the City's existing law's prohibition against vehicles
on public beaches or in City parks unless such vehicles are being operated in response
to an emergency. The proposed ordinance enlarges the list of persons exempt from
this law to include drivers within permitted events, and .City employees and City
contractors authorized to operate vehicles upon public beaches and/or in City parks in
order to provide public safety, maintenance or other essential City services.
Background
Santa Monica Municipal Code Section 3.12.640 currently prohibits persons from
operating vehicles or leading beasts of burden over public beaches or in City parks.
Pursuant to Santa Monica Municipal Code Section 3.12.320, vehicles operating in
response to emergency calls are exempt from Section 3.12.640's prohibition.
Discussion
The Police Department has identified a need to allow approved beach vehicle access to
contractors under the direction of the Police Department who contact and provide
outreach services to homeless individuals on the beaches and beach parks of Santa
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Monica. The contractor will utilize all-terrain vehicles (ATVs) to traverse over two miles
of beach front and acres of adjacent park areas. This will enhance the contractor's
abilities for to make contact, build rapport and coordinate services for newly arrived
homeless individuals. This work helps to reduce the number of public safety related
calls for service to and around the beach and beach park areas.
Additionally, other City departments and staff members have compelling needs to
operate vehicles on the beach or in City parks. First, in support of City permitted events
(e.g. Cirque du Soleil's event), persons often need to drive onto the beach or into a park
to bring supplies and equipment. Second, City maintenance staff needs to drive
vehicles onto the beach and into City-parks to perform their maintenance duties (e.g.
sand sweepers). Accordingly, staff proposes this ordinance to create additional
exemptions to Section 3.12.640.
Financial Impacts & Budget Actions
There are no financial impacts associated with the adoption of the proposed ordinance.
Prepared by: Ken Semko, Lieutenant
Forwarded to Council:
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Rod Gould
City Manager
Attachments:
PROPOSED ORDINANCE
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Approved:
ATTACHMENT A
Council Meeting: 03-22-2011
ORDINANCE NUMBER (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 3.12.640 OF THE SANTA MONICA MUNICIPAL CODE
RELATED TO PROHIBITION OF VEHICLES ON THE PUBLIC BEACH AND IN
.PUBLIC PARKS
WHEREAS, the City consists of just eight square miles of coastal land which is
home to 90,000 residents, the job site of 300,000 workers, and a destination for as
many as 500,000 visitors on weekends and holidays; and
WHEREAS, the City's public beach and parks are congested public recreational
facilities that are heavily used by residents, workers and visitors; and
WHEREAS, vehicles and beasts of burden are generally not compatible with the
intended public recreational uses of the public beach and parks; and
WHEREAS, authorizing the public to drive vehicles or lead beasts of burden on
the City beach or in City parks presents significant health and safety hazards to persons
utilizing such public facilities for their intended purposes; and
WHEREAS, despite the above health and safety concerns, limited exceptions
must be made in order to permit vehicles associated with City produced events, and to
allow authorized City employees and City contractors to effectively operate on the City
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beach and in City parks in order to perform essential City services and to protect the
public's safety and welfare; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 3.12.640 of the Santa Monica Municipal Code is hereby
amended to read as follows:
3.12.640 Vehicles and beasts of burden prohibited on beach and in public parks.
No person shall operate, drive or park any vehicle or ride, drive or lead any
beast of burden over and upon the public beach t"°+ ~.,.+ ,.++"~ c+r~.,.+ ,..;+"~., +"~ ~;+„
1~..,;+~ of +ho ~^ +„ .,.,,~ . „~+.,ri., .,,,,~ ~ :,-,~~ ,.c ++,o o~„rv,o.,.,,+~ or in any ~1It31iG-CCU
park.
b) The provisions of this Section shall not apply to the fallawing:
1) City employees or City contractors authorized to operate vehicles
upon the public beach and/or in City parks in order to provide public safety,
maintenance or other essentiaC City services and
2) Persons authorized by the Gity to operate vehicles upon the public
beach and/or in City parks in support of a City produced event or pursuant to a
permit issued by the City's Communifiy and Cultural Services Department.
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 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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M R ONES N C~UTRIE
Cit Att rn y
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