sr-041012-7c (2)City Council Meeting: April 10, 2012
Agenda Item: 7 °C
To: Mayor and City Council
From: Karen Ginsberg, Department Director
Subject: Ordinance Amending the Santa Monica Municipal Code Sections Relating
to Park and Beach Use and Direction on Non -City Sponsored Fitness
Classes in Parks and the Beach
Recommended Action
This report recommends that the City Council:
1. Introduce for first reading the attached Ordinance updating, consolidating and
improving sections of the Municipal Code that guide use of City parks and the
beach.
2. Direct staff to return with options for addressing community concerns about non -
City sponsored fitness classes in parks and the beach.
Executive Summary
Sections of the Municipal Code that guide use and maintenance of City parks and the
beach can be found throughout the Santa Monica Municipal Code (SMMC). Many of
these code sections are outdated and confusing to staff and the public. In addition to
consolidation and updates to the code, the attached Ordinance changes penalty options
for violations, and restricts use of large exercise equipment in parks.
Staff also seeks direction from the Council on initiating a process to address community
concerns about non -City sponsored fitness (personal trainers and boot camps) classes
in parks and the beach.
Background
Santa Monica Municipal Code sections guiding use and maintenance of City parks and
the beach are currently found in a range of Chapters, from Chapter 3.12 Traffic
Regulations, to Chapter 4.08 Disorderly Conduct, Nuisances, Etc., and Chapter 4.55
Park Maintenance. Certain codes were established as far back as the early 1950s and
use terms and concepts are no longer relevant to current practices. Some of the codes
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address behaviors that lack serious consequences or are rare occurrences. To improve
the code, staff recommends:
• Consolidating pertinent codes into a new Park and Beach Code to replace
Chapter 4.55 the Park Maintenance Code
• Clarification of definitions and ambiguous language
• Consolidating closure codes into one Municipal Code section
• Extending some park codes to beach areas
• Adding a code section prohibiting use of large exercise equipment.
Discussion
This Ordinance updates and organizes codes guiding public use of City parks and the
beach. Certain sections of the existing code are repealed and other sections are
moved. New or modified code sections are also proposed.
Repealed Codes
Staff recommends that the following code sections be repealed because they are out of
date, redundant (addressed in another section of the SMMC), or have been taken over
by other agencies:
• Ball playing within 300 feet of the mean high tide (Section 4.08.010)
• Police shall place signs (Section 4.08.030)
• Undressing on the beach (Section 4.08.070)
• Picnicking in playgrounds (Section 4.08.100)
• City not responsible for children left in playgrounds (Section 4.08.120)
• Children in wet bathing suits not permitted on playground equipment (4.08.130)
• Tents and umbrellas not permitted in playgrounds (Section 4.08.140)
• Children not obeying playground supervisors shall be excluded from playground
(Section 4.08.150)
• Children with a contagious disease shall not come to a City playground (Section
4.08.160)
• Use of equipment at Muscle Beach after sunset and before sunrise (Section
• Picking flowers not allowed (Section 4.08.320).
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Additions or Modifications to the Code
Staff recommends that the following additions or modifications be incorporated in the
proposed new Parks and Beach Code:
• That the names of new parks be added to the list of parks under "Definitions ".
• That the "Definitions" section be updated to reflect current amenities and
accurate descriptions.
• That the code section guiding vehicles on the beach clarifies that permits issued
will ensure "protection of public safety and adjacent private and public
properties."
• That the code on tennis instruction be updated to reflect that a City business
license is required as part of the permit process.
• That code sections regulating parks that are related to destruction of facilities or
foliage; golfing; maintenance of clear accessways; leaving property; interference
with maintenance activities; and fire hazards be extended to apply at the beach.
• That the Department authority to create Rules and Regulations for parks be
extended to the beach.
• That a range of appropriate penalties (misdemeanor, infraction or administrative
citation) be authorized for violations of the new Park and Beach Code, and Rules
and Regulations for park and beach use.
Use of Large Exercise Equipment in City Parks
On Februar223, 2010 the City Council approved an ordinance restricting the use of all
exercise equipment on the 4th Street median and parkways near the Adelaide Stairs.
Consequently, equipment users have moved their activities to nearby City parks where
exercise equipment is not prohibited. Exercise equipment is now regularly used in City
parks, especially at the northern end of Palisades Park. This equipment ranges from
yoga mats and hand weights, to large pieces of equipment such as weight lifting tables
and bar bells and massage tables. Staff believes that the large equipment impedes the
public's enjoyment of City parks and causes damage to park facilities, especially turf.
For this reason, staff proposes that the new Park and Beach Code include a section
prohibiting large exercise equipment from being brought into parks. That section also
allows the Director of Community and Cultural Services to authorize the use of large
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equipment if it is determined that the equipment will not damage park foliage or
facilities, interfere with the public's use and enjoyment of the park, or interfere with
normal park operations
Community Complaints about Non -City Sponsored Fitness Classes and Instruction
While the City seeks to promote fitness and health, and encourages the public to use
the City's parks and the beach for vigorous exercise, in recent years the number of non -
City sponsored instructors or trainers leading fitness groups and activities, from "Stroller
Strides" in parks to "Boot Camps" in parks and at the beach has grown exponentially.
The density of this activity over time erodes amenities and infrastructure and can
prevent the public from enjoying the park and the beach as groups dominate use areas,
benches, paths and other amenities. Community members regularly complain to
Community and Cultural Services staff that:
® businesses are making a profit on City land without compensation to the City
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• the City is at risk for allowing businesses to operate without insurance
• groups impede pedestrians seeking to use paths
• groups prevent the public from using park and beach areas and amenities
• instructors and their clients exercise by attaching exercise bands to park light
poles, railings, picnic tables, park benches and trees which can cause damage
• fitness trainers seeking to motivate their clients yell loudly and disturb nearby
residents, especially during early morning hours.
In order to begin to address these issues, staff recommends that the Council direct staff
to return to Council with a report on options to address the proliferation of fitness
classes and boot camps in the parks and at the beach.
Next Steps
If the Ordinance revising park and beach use codes is approved by the Council, the
Director of Community and Cultural Services will have the authority to promulgate
regulations to protect park and beach areas in order to "ensure their availability as a
shared resource for all members of the public."
Over the years, the department has, through the Director's authority, developed rules
mainly for park use areas which complement but are in addition to the SMMC. In a
future Information Item to Council, the Director will submit a consolidated list of official
Park and Beach Rules and Regulations. Following distribution of the Information Item
to the City Council, the Rules and Regulations will be placed on file with the City Clerk
and posted on the City's web site.
Commission Action
During its J_,rivai ?9, 20112 meeting, the Recreation and Parks Commission reviewed
and discussed the proposed changes to. the SMMC regarding park and beach use.
Commissioners unanimously supported the proposed modifications to the code.
Commissioners also reviewed the list of community complaints regarding non -City
sponsored fitness classes in parks, concurred with the list, and recommended that
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Council give staff direction to look into regulating non -City sponsored fitness classes in
parks and at the beach.
Financial Impacts & Budget Actions
There is no immediate budget/financial impact to this decision.
Prepared by: Julie Silliman, Sr. Administrative Assistant, Community & Cultural Services
Approved:
Karen Ginsberg CI
Director, Community & Gultu
Attachments:
Forwarded to Council:
Rod Gould
City Manager
A. Ordinance: Park and Beach Use Articles III and IV
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City Council Meeting 04 -10 -2012
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ARTICLES III AND IV OF THE SANTA MONICA
MUNICIPAL CODE RELATED TO PARK AND BEACH REGULATIONS
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 public beaches and City parks are congested public recreational
facilities that are heavily used by residents, workers and visitors; and
WHEREAS, most of the specialized areas of City parks are heavily and
constantly used, including the City's playing fields which are utilized at three times the
rate recommended for maintenance purposes; and
WHEREAS, because park and beach resources are limited and heavily utilized,
special efforts must be undertaken to maintain them and facilitate their shared use and
availability to all; and
WHEREAS, the intensity and variety of park and beach uses further necessitates
regulation to avoid safety hazards and conflicts; and
WHEREAS, use of unapproved large equipment, such as weight benches and
massage tables, within City parks causes damage to park grounds and poses safety
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hazards to park users; and
WHEREAS, late night park usage interferes with neighbors' quite enjoyment of
their residences and may promote criminal activities; and
WHEREAS, disruptive behavior within parks or beaches interferes with the
general public's use and enjoyment of these public facilities and damages the public
welfare; and
WHEREAS, current Municipal Code Sections guiding use and maintenance of
City parks and the beach are located in several chapters within the Municipal Code; and
WHEREAS, consolidation of park and beach regulations would provide easier
access to those regulations and thereby facilitate public awareness of the regulations;
om
WHEREAS, a number of existing municipal code sections regulating parks and
beaches are antiquated, duplicative of other applicable laws and no longer reflect
community expectations and standards for shared use of beaches and parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.08.093 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Any persons violating the provisions of Sections 4.08.0944 through 4.08.095
shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to
exceed five hundred dollars or imprisoned for a period not to exceed six months, or
both. In the case of a person who is granted probation for repeated violation of any
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offense under Sections 4.08.0944 through 4.08.095, the court may issue, or direct the
issuance of, an injunction or "stay away" order to abate and prevent the continuance or
recurrence of such violation.
SECTION 2. Chapter 4.55 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Chapter 4.55 PARK AND BEACH MAINTENANCE NCE CODE
4.55.010 Park and Beach - Purpose and findings.
In order to maintain the City's parks and beaches, preserve and protect their
facilities and foliage, and- ensure their availability as a shared resource to all members
of the public, promote the safety and welfare of users and minimize conflicts between
uses, this Chapter sets forth standards for park and beach utilization and maintenance.
This Chapter may be referred to as the Park ^"^o a,nt8Ra„ce and Beach Code.
4.55.020 Park and Beach - Definitions.
As used in this Chapter, the following words and phrases shall have the following
meanings:
"Beach facility" shall mean any building structure recreational facility, parking
facility synthetic turf, furniture fence monument equipment apparatus walkway, wall,
curb rail fountain statue or other City property located on the beach.
"Department" shall mean the Department of Community and Cultural Services.
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"Director" shall mean the Director of the Department of Community and Cultural
Services.
"Litter" means any abandoned, discarded substance including, but not limited to:
garbage, refuse, rubbish, abandoned and inoperable household appliances, discarded
packaging or containers, discarded building, plumbing or construction material, unless
pursuant to construction operations, lighted or nonlighted cigarettes, cigars, matches or
any flaming or smoldering material, and all other waste matter which, if thrown or
deposited as prohibited herein, may be detrimental to public health, safety and welfare.
"Park" and 'park-s" shall mean and include the following parks in the City: Airport
Park, Ashland (Sunset /Ashland Park) Park, Beach Green, Beach Park #1, Beach Park
#4, BeraardBarnard Way Linear Park, Chess Park, Clover Park, Crescent Bay Park,
Douglas Park, Euclid Park, Goose Egg Park, Hotchkiss (Mary Hotchkiss Park) Park,
Joslyn Park, Christine Emerson Reed Park, Marine Park, Memorial Park, Ocean View
Park, Ozone Park, Pacific Street Park, Palisades Park, Park Drive Park, Schader Park,
South Beach Park, Stewart Street Park, Virginia Avenue Park aqd any City -owned
landscaped open space in the Civic Center area and any other area established as a
Park by the City Council.
"Park facility" and "park faGilit1W shall mean any building, structure, parking
facility, recreational facility, synthetic turf, furniture tablebepGh, fence, monument,
equipment, apparatus, walkway, wall, curb, rail, fountain, statue or other City property
located in a City park.
"Park foliage" shall mean any tree, hedge, bush, shrub, plant, flower, grass, er
foliage or turf in any park.
CI
4.55.040 Park and Beach - Destruction of park facilities or foliage.
(a) No person shall destroy, cut, break, remove, alter, deface, damage, write
upon, or hang or post upon any beach or park facility or park foliage, except as
authorized by the City.
(b) No person shall place any object in any shrub, bush, hedge or tree, or
among any plants or flowers in any park, except as authorized by the City. This
subsection does not prohibit placing any object upon park grass which does not
damage the grass.
4.55.045 Park and Beach - Golfing '
No person shall hit a ball with a golf club in a City park or beach.
4.55.050 Park and Beach - Maintenance of clear accessway.
No person shall block, impede or obstruct, or leave or cause to be left, anything
so as to block, impede or obstruct, any beach or park pathway, sidewalk, recreational
court or facility, or any entrance, exit or approach to any park building, structure, or
recreational court or facility, except as authorized by the City.
4.55.065 Park and Beach — Vehicles and beasts of burden.
(a) No person shall operate drive or park anv vehicle or ride drive or lead any
beast of burden over and upon the beach or in any City park.
(b) This Section shall not apply to the following:
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(1) Any person operating driving or parking any vehicle within any
designated parking facility during the hours that the facility is open to be public;
(2) City employees or City contractors authorized to operate vehicles
upon the beach and /or in City parks in order to provide public safety,
maintenance or other essential City services; and
(3) Persons authorized by the City to operate vehicles upon the beach
and /or in City parks in support of a City produced event or pursuant to a permit
issued by the City, which ensures the protection of public safety and adjacent
private and public properties.
4.55.070 Park and Beach — I Mer Abandoning property. +a s+ty- parks-
} in City a ,}hoFized }rash reneptanloC
any
park, r
�No person shall leave, with intent to abandon, any property or food in any
park or beach, except in City- authorized trash receptacles.
4.55.075 Park and Beach - Leaving property in
No person shall dispose of or donate any food, clothing or property by depositing
or leaving it unattended in a City park or beach or on an adjacent City sidewalk or
parkway.
4.55.090 Park and Beach - Interference with maintenance activities.
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No person shall interfere with or hinder any City employee engaged in
maintenance or repair of any beach, beach facility, park or park facility. No person shall
enter any beach area beach facility, park, park area or park facility which is barricaded
or fenced for maintenance or repair without City authorization.
4.55.100 Park and Beach - Fire hazards.
The following activities shall be deemed to be fire hazards and are prohibited in all
parks and beaches:
(a) Making, kindling or using a fire, barbecue or portable stove, or burning
charcoal, except upon a masonry or concrete hearth, barbeque grills, or fire circle
provided by the City for such purpose. The prohibition contained in this subsection shall
not apply to City - produced events that receive a community event permit pursuant to
Chapter 4.68 authorizing a fire, barbecue or portable stove or burning charcoal.
(b) Storing flammable materials or combustible waste matter, as those terms
are defined in the IJR'form Fire Code, within ten feet of a building or structure, or
beneath a building or structure.
(c) Discarding any lighted match, cigarette, cigar, or other burning object in a
manner that could cause ignition of flammable materials or combustible waste matter.
(d) Undertaking any activity in a park or beach area which constitutes a
violation of the California Uniform Fire Code as adopted at Section 8.40.010, or which
constitutes an imminent and immediate danger to persons or property in the judgment
of authorized Fire Department personnel.
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4.55.110 Park and Beach - Remote control models.
(a) No person shall operate any model plane in any park playground, beach,
beach parking lot or public recreation area.
No person shall operate any model car, truck or vehicle in any beach
parking lot.
(c) For purposes of this Section the following definitions shall apply:
(1) "Model plane" means any 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, and any device that flies by
whatever means weighinq more than eight ounces.
(2) "Model vehicle" means any model vehicle controlled by radio or
wire and powered by internal combustion electricity, gasoline battery, or other
type of fuel or power.
(3) 'Beach parking' includes all roadways providing access to or
connecting beach parking lots.
(d) 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.
4.55.120 Park - Closure.
(a) No person shall enter, remain or be present in a City of Santa Monica park
when that park is closed.
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Except as otherwise provided in this Section, all City parks are closed
between the hours of eleven p.m. and six a.m.
(c) Palisades Park is closed between the hours of twelve midnight and five a.m.
(d) Chess Park is closed between sunset and sunrise.
(e) This Section shall not apply to
(1) any public sidewalk immediately adjacent to any public street or
highway, or to any street or highway which traverses any park including the
Santa Monica Municipal Pier access road or walkway and any portion of
California Avenue; or
(2) any person present within a park pursuant to authorization from the
City.
4.55.125 Park - Use of Equipment at Muscle Beach /Chess Park.
No person shall use the equipment /apparatus at Muscle Beach or the chess
tables /chess pieces at Chess Park after sunset and before sunrise.
4.55.130 Park— Equipment.
(a) No person shall place any equipment such as weight benches massage
tables or weight lifting equipment that is longer than four -feet or weighing more than
twenty -five (25) pounds within any City park without prior authorization by the Director.
(b) The Director shall authorize the use of the requested equipment with
conditions if he/she determines that the proposed use of such equipment:
(1) is consistent with this Chapter;
g
and
(2) will not damage public property;
(3) will not interfere with the public's use and enjoyment of the park;
(4) will not interfere with the normal operations of the park.
4.55.14060 Park - Erection of structures.
No person shall, in any park, erect, maintain, use or occupy any tent, lodge,
shelter, structure or unattended installation or display. The following are exempt from
this prohibition:
(a) City structures and installations;
(b) Unattended installations or unattended displays in Palisades Park
adjacent to Ocean Avenue from November 27th through January 4th in an area
designated by City Council resolution; and
(c) Other displays or installations authorized by a Community Event Permit
issued by the City.
If displays or installations pursuant to subsection (b) of this Section exceed the
available, designated space, the City shall allocate the designated space on a first -
come, first - served basis, irrespective of the content of the display or installation and
irrespective of the identity of the person or persons responsible for the display or
installation.
Persons displaying or installing pursuant to the exemptions in subsections (b)
and (c) of this Section must comply with applicable safety standards, cover any
attendant costs to the City and agree to hold the City harmless as to injury or loss
10
resulting from the installation or display. The City Manager may adopt administrative
guidelines for allocating the space available for displays and installations.
4.55.150000 Park- Removal of property left in parks.
Any personal property left in any park at any time when the park is closed shall
be subject to immediate removal pursuant to Sections 2.32.200 et seq.
4.55.160 Park playgrounds - Adults not accompanying children.
No adult shall be present on any City park playground, unless the adult is
accompanying a child or children lawfully under his or her custody or control, using
such playground.
4.55.170 Park - Tennis instruction.
No person shall provide tennis instruction training, or coaching for compensation
within any City park without a City business license and a contract or permit, issued by
the City, authorizing use of the public courts and which ensures that the applicant
complies with applicable local laws.
4.55.190 Beach - Closure.
No person shall be present in any closed beach area in violation of any posted
sign indicating such closure.
4.55.200 Beach - Obedience of lifeguards.
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No person shall willfully fail or refuse to comply with any lawful order, signal, or
direction given by a member of the Los Angeles County Lifeguard Service who is wearing
a lifeguard's badge or insignia and acting in the course of his or her duties to enforce a
requirement of this Code or to preserve water or beach safety.
4.55.210 Beach —Youth group beach /water activity permits.
Camps clubs schools churches and other organized groups must have a
beach /water activity permit issued by the City when more than twenty children
seventeen years old or younger will be entering the water. Permits for on -going use
(groups that use the beach more than once a week) at specified areas of the beach
shall be issued on a priority basis first to City- operated or City- contracted programs.
Other permits or authorizations shall be granted on a competitive basis such as a
request for proposal process Permits for occasional use (groups that use the beach
once a week or less) shall be issued on a first -come, first - served basis. A fee may be
charged to cover costs arising from administering the permit system and other costs
arising from group beach and water activities. A beach /water activity permit will not be
required if a group has a community events permit If the water /beach activity includes
surf instruction for compensation the provisions of Section 4.55.230 apply.
area.
4.55.220 Beach - Swimming in no- swimming areas.
No person shall swim in any area that has been posted as a "No Swimming"
IN
4.55.230 Beach - Surfing and surf instruction authorization.
(a) It is unlawful for any person to:
(1) Use a surfboard in any area that has been posted as a "No Surfing"
area
(2) Provide surfing instruction training, or coaching for compensation
without City authorization.
(b) The Director of Community and Cultural Services may promulgate
regulations implementing this section limiting opportunities for commercial use of the
beach for surf instruction and establishing a process or processes for allocating such
opportunities. Those regulations shall ensure that the beach and the surf remain a
shared public resource that the natural beauty of the beach is preserved, that the
beach remains available for both active and passive recreation and respite, that public
safety is protected that opportunities to use the beach or surf for commercial purposes
are fairly allocated that opportunities for surfing lessons are maximized for all segments
of the community, including persons of all ages and economic groups, and that
instructional opportunities are diverse, including private instruction and classes of
various sizes.
(c) Authorization shall be prioritized as follows:
(1) First priority shall go to City- operated or City- contracted programs.
(2) Second priority shall go to accredited educational institutions
providing surf instruction for school credits.
(3) Other authorizations shall be issued on a competitive basis such as
a request for proposal process.
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(d) Commercial for - profit enterprises shall pay the City a fee, which shall be
set by Council resolution in an amount sufficient to cover the cost of administering the
authorization system and a charge consisting of a percentage of gross receipts.
(e) Those authorized to provide surf instruction must comply with all
applicable Federal State and City laws rules and regulations, including those
governing the operation of a business in Santa Monica.
4.55.240 Beach - Tents.
No person shall erect place or maintain any tent or other temporary housing or
shelter which is closed or capable of being closed more than fifty percent from the
around up upon any public beach. It is the intent and purpose of this restriction to
secure a clear and unobstructed vision by the public into said tent or shelter from the
around line up to the roof line around at least fifty per cent of the sides or circumference
of the ground line and roof line of said tent or shelter.
4.55.250 Beach - Glass containers.
No person shall possess or use any glass container upon any public beach.
4.55.448400 Authority of Department of Community and Cultural Services
to regulate parks, beaches, park facilities and beach facilities.
(a) The Director may promulgate rules and regulations implementing the
provisions of this Chapter. No person shall violate any such rules and regulations.
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(b) The Director may authorize exceptions to this Chapter or to any
implementing regulations for the purpose of coping with an emergency as defined in
Section 2.16.020.
4.55.410420 Permits for °^^^ial ^ ^n* Exemptions.
Nothing in this Chapter limits the authority of the City to grant exemptions from
certain provisions within this Chapter to:
(a) permit special community events as authorized pursuant to Chapter 4.68
of this Code or filming and a a ^f �tendan activities as authorized pursuant to Chapter 6.110
rsa:trsirrr�rtpnrrsrrrr_�:��
(b) authorize City employees or City contractors to operate within the beach
and /or the parks in order to provide public safety maintenance or other essential City
services.
4.55.420430 Penalties for violation.
(a) Unless otherwise specifically provided, any person violating any provision
of this Chapter; inGludincg aRy-iegulatio n of the Department gOVeFn ng the a and
n r.yrR8nf by the pubic of any nark shall be guilty of a misdemeanor, which shall be
punishable by a fine not exceeding one thousand hundred dollars per violation, or
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
not exceeding of not less thaR Gne hundred dollars but net more t two hundred fifty
dollars.
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(b) In addition, in any case involving the destruction, defacing, removal or
injury to any park facility or park foliage the court may require restitution in an amount
necessary to reimburse the Department for the value of the item or material destroyed,
defaced, removed or damaged as well as any labor expended to replant or restore the
area, item or material affected.
(c) Any person violating any provision of this Chapter or any rule or regulation
may be subject to administrative citations pursuant Chapter 1.09 of this Code.
SECTION 3. Section 3.12.640 of the Santa Monica Municipal Code is hereby
repealed.
Ell
_ - - rin [ms��vr.Rrr_ts�r_rs�:r..r_rsa
SECTION 4. Section 4.08.010 of the Santa Monica Municipal Code is hereby
repealed.
F[C1
n 08 010 ❑°°Ghee. Ball nlayinn
Ne peFGGR shall threw, bat, hit, strike or kick any ball ef aRy kiRd Within a distanGe of
three hundred feet frGm the rneaR high tide line of the PaGifiG QGeaR in the City exGw
in Such areas as may be designated by the DiFeoter Gf the Recreation Department whe
will seleot suGh areas, OnGtall the neGessary equipment at City expeRse and erect and
maintain thereen GGRGPiGUGUG signs indicating that the area is reserved exGlusively
ball playing.
N ,person rep+ +h DireGtGr of +h ReGreatieR. Department, as hereinabeve; :hR:{
erect wurts, dmamGRd6 9F areas for the playing of ball on the PUbliG beaches.
SECTION 5. Section 4.08.020 of the Santa Monica Municipal Code is hereby
repealed
it is unlaMul to wilfully fail OF FefUG8 to GOMply with aRy laygul erder, signal, 0
direGtien given by a member ef the Los Angeles County Lifeguard ServiGe whe is
wearing a lifeguard's badge or insignia and aGtiRg in the GGUrse of his or her duties to
f a requirement of this Code preserve water or heath safety.
SECTION 6. Section 4.08.025 of the Santa Monica Municipal Code is hereby
repealed.
Camps, GIUIDG, schools, h rr.hec. and other organized groups must have a
beaGhAmater activity permit issued by the Community and Cultural Services Departmen
of the City whei; more than twenty Ghildren seventeen years old er yewnger will be
entering the water. PeFMitG fGF on going use (greups that use the beach mere than onGe
17
a week) at specified areas Gf the beach shall be issued en a prierity basis first to City
operated or City GentraGted programs. Other permitS Gr authorizations shall be grant
on a competitive bas's such as a request for propesal PFOGeSS. Permits for owasiena4
use (groups that use the beaGh GRGe a week or less) shall be issued on a first GGrne,
fiF6t sewed basis. A fee may be chaFged tG Gover Gosts arising from administering t
PeFrnit SySteFn, and ether costs aFm6iRg from group beach and water aGtiV!tieG. .4.
beach/water aGtivity permit will Ret be required if a group has a GGmnTjnAy-eve4#s
PFGVwSiGRS ef Section 4.08.060 apply.-
SECTION 7. Section 4.08.030 of the Santa Monica Municipal Code is hereby
repealed.
4.08.039 -5+
The SaRta Monica PGliGe Department shall plaGe and maintain GF cause te be placed
and maintained SigR6 GR the beaGh area as may be authorized hereunder er as may-be
R8Gessary te properly indicate and Garry out the provisien6 Gf this Cede or to warR
preteGt the pub!'E
SECTION 8. Section 4.08.040 of the Santa Monica Municipal Code is hereby
repealed.
408.040 Vi lat of Fules and regulatiGR6 a misdemeanor.
NG person shall ge, be, or remain Gn the beaGh area in vielatien of any pested rule of
regulation, and any persGn fG61Rd to be iR viGlation Of SUGh rule or regulation shall be
guilty ef a misderneaner, provided that Such sign be located at each entraRGe or exit4
they are in any way rontralled, and at eaGh Gerner ef the area to be regulated if it is
W.
enclosed, and Of not enclosed, sLA#mGient signs shall be posted on the beaGh aFea to give
mice to the average r able coming on such .moron
SECTION 9. Section 4.08.050 of the Santa Monica Municipal Code is hereby
repealed.
it shall be unlawful fOF aRy per6en to swim in the harber within an area whiGh is
posted in accordanoe with this GGde "No SwimmiRg—."
SECTION 10. Section 4.08.060 of the Santa Monica Municipal Code is hereby
repealed.
(a) If is unlav g l for any person te-
(1) Use a surfboard in aRy area that has been posted as a
"No n
author'zatieR.
�
_
P.CST- 7T -T.Rif
19
authorization 4 d .. charge GGR6'6tiRg of a perr.entone of nrGss renempts..,
Federal, State, and City laws, rules and regulatieRs, including these governing the
(� Any person violat'Rg this SeGt'GR or the reg.ulat'ORS promulgated pursuant te this
section shall be quilty of an mRfraGtion, whioh shall be punishable by a fine net 8XGee
two hURdred fifty dollars, er a rnusderneaReF, which shall be punishable by a fine not
eXGeed*Rg one theusand dollars per vialation, or by imprisonment in the County jail
a period RGt 8XGeed'ng six R;GRths, or by both SUGh fine and imprisonment.
SECTION 11. Section 4.08.070 of the Santa Monica Municipal Code is hereby
repealed.
A 08 070 Beaches Dressing.
NG person shall dress er 6iRdress for the purpose of PUttiRq on or taking eff a bathing
garment, underneath any pier er wharf in the City, upoR any pUbl;G beach, or within a
ME
ehinle GF ort'on the of other than a house +railer designed for ❑v'nn n rnnso�
SECTION 12. Section 4.08.080 of the Santa Monica Municipal Code is hereby
i
repealed.
4.08.089 Seashes Tents.
Ne person shall erect, la a er maintain y tent or other temporary housing
shelter whiGh is closed er Gapable ef being closed meFe than fifty percent frem the
grawnd up, measuring frorn the grGund line up to the reef line, within that pertiGn of the
Gity 'YiRg westerly of a line drawn five hundred feet distant from and parallel to the
mean high +'r! I' f the D 'f' QGean and between +h rth I d +h rly City
limits of the Gity. It is the intent and purpese of this restript'an to secure a n wear and
unobstruGted visien by the publiG intG said tent 9F shelter from the gFGURd line up tG
roof line areund at least fifty peF Gent of the sides or GirowmfwenGe of the ground line
rl reef line of said tent n shelter
SECTION 13. Section 4.08.091 of the Santa Monica Municipal Code is hereby
repealed.
4.08.091 Park Glesure.
(a) NG p8FSOR shall enter, r-e-maiR or be present in any of the feilewing City ef Sa
MeniGa parks between the hours of eleven n and six
(1) Ashla Rd Park;
Reach Dark #1;
,
(2)
R a h Dark #4
(Lifeguard aryl Headq arters \•
(3)
!41 Clover Dark•
/`resnent Ray
Park;
(5)
21
(R) Douglas Park;
(7) Hetahkiss Park;
r
k— j -, -- y- ,P arb
(9) Christine Emer..en Peed Park;
(10) Los Amines Park;
(11) Marine Park•
r
(12) Memorial Pork;
(13) GGean View Park;
(17) Snhader Park;
(14) Oze e Park•
(15) PaGifin Street Park;
(19) Virginia Avers a Part
(16) Park Drive Park;
(17) Snhader Park;
(18) Stewart Street Park;
(19) Virginia Avers a Part
Ne-
be in
Palisades Park between the
�b) Ppelrs-on shall eRtGF,
heurs twelve and
remain er present
five
of midnight
This SeGtion
to
adjaGentte-any
(G) shall
highway,
net apply any public sidewalkimmediately
to highway
traverses any 'RGI
public street or or
Santa MGRiGa Mun'Gipal
any street or which
Pier
park,
and any of Galifer
the
Avenue.
access rGad or walkway
pertion
SECTION 14. Section 4.08.092 of the Santa Monica Municipal Code is hereby
repealed.
W�
SECTION 15. Section 4.08.096 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 16. Section 4.08.100 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 17. Section 4.08.110 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 18. Section 4.08.120 of the Santa Monica Municipal Code is hereby
W
711 IN
IN �.Zvmm
ffe
SECTION 15. Section 4.08.096 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 16. Section 4.08.100 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 17. Section 4.08.110 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 18. Section 4.08.120 of the Santa Monica Municipal Code is hereby
W
repealed.
SECTION 19. Section 4.08.130 of the Santa Monica Municipal Code is hereby
repealed.
�e
SECTION 20. Section 4.08.140 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 21. Section 4.08.150 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 22. Section 4.08.160 of the Santa Monica Municipal Code is hereby
repealed.
►
. ,!
SECTION 23. Section 4.08.170 of the Santa Monica Municipal Code is hereby
repealed.
,ns :r M.TM
SECTION 24. Section 4.08.180 of the Santa Monica Municipal Code is hereby
repealed.
Ln
SECTION 25. Section 4.08.190 of the Santa Monica Municipal Code is hereby
repealed.
m
25
(o) For
this SeGtiGR,
the fb"GWORg
d8fiRiti0RG
purposes
(1) "Model
of
device that flies,
shall apply:
OF
GGRtFelled-by
plane"
means any
whether
uncontrolled
type fuel,
deViGe
that flies by
more
thaR
other of
eight o, nnec
T
M1 ' del
veh'nle"
and any
edel h'
whatever
I troll
^v�=rcr
means weighing
by
^vr-vrrre
r wire
and
�c�1tlf V vcracrnrn�—
by internal
irreai3�arni�y�-
n otien elontrin'ty,
�i�vc`crvc°- rnor�6
erred-
battery,
vy- rum^v--
radio
er ether type
-ar �a
off el or
peweFed
"BeaGh
mb,
n
gasoline,
parking lots.
(d) This Section shall Rot apply tG FRGdels in any area deSigRated by the City fo
use of sueh medels if the PGFGGR using the model is in GempliaRGe with posted rules
governing the , of the designated area.
SECTION 26. Section 4.08.210 of the Santa Monica Municipal Code is hereby
repealed.
4.08.210 Glass containers an beaGh.
No person shall pes6ess 9F use any glass container UPGR aRy Public beaGh, any
bl'n bepnh parking let, the Promenade the beenh b'Lepatb any 'nn'n erep nr
playground area on or adjaGent te the beaGh, and on any public area of the Mun'Gipal
Pier. Any persen violating this Section shall be guilty ef an iRfFaGtion. Any person
GonViGted of an infraGtien 6iRder this SeGtien shall be punishable by a fine ef not more
than twenty five dollars.
SECTION 27. Section 4.08.320 of the Santa Monica Municipal Code is hereby
26
repealed.
,
SECTION 28. 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.
SECTION 29. 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.
27
SECTION 30. 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:
City Attorney
we