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O2353Council Meeting: 04-12-2011 Santa Monica, California ORDINANCE NUMBER 2353 (CCS) (City Council Series) 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 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. a) No person shall operate, drive or park any vehicle or ride, drive or lead any beast of burden over and upon the public beach or in any City park. b) The provisions of this Section shall not apply to the following: 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 essential City services; and 2) Persons authorized by the City 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 Community 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 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 2 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: y~. J~~'I~GLIJ' ' i M SHA ES MOU RIE Ci Attorn 3 Approved and adopted this 12th day of April, 2011. Ric and Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2353 (CCS) had its introduction on March 22, 2011, and was adopted at the Santa Monica City Council meeting held on April 12, 2011, by the following vote: Ayes: Council members: Holbrook, O'Connor, O'Day, Shriver Mayor Pro Tem Davis, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: McKeown A summary of Ordinance No. 2353 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Maria M. Stewart, Ci y Clerk