O2398City Council Meeting 04 -24 -2012 Santa Monica, California
ORDINANCE NUMBER 22398 (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
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;
and
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:
4.08.093 Penalties.
Any persons violating the provisions of Sections 4.08.094 through 4.08.095 shall
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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
offense under Sections 4.08.094 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 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, 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 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.
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"Department" shall mean the Department of Community and Cultural Services.
"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" 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,
Barnard 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, 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" shall mean any building, structure, parking facility, recreational
facility, synthetic turf, furniture, 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.
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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 any 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 — Abandoning property.
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.
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.
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
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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 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 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.
4.55.110 Park and Beach - Remote control models.
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(a) No person shall 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.
(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 weighing 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.
(b) Except as otherwise provided in this Section, all City parks are closed
between the hours of eleven p.m. and six a.m.
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(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.
4.55.140 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
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(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
resulting from the installation or display. The City Manager may adopt administrative
guidelines for allocating the space available for displays and installations.
4.55.150 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.
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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.
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
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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"
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 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
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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.
(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
ground 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
ground 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.
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4.55.250 Beach - Glass containers.
No person shall possess or use any glass container upon any public beach.
4.55.400 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.
(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.
4.55.410 Exemptions.
Nothing in this Chapter limits the authority of the City to grant exemptions from
certain provisions within this Chapter to:
(a) permit community events as authorized pursuant to Chapter 4.68 of this
Code or filming activities as authorized pursuant to Chapter 6.110 of this Code; or
(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.
4.55.420 Penalties for violation.
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(a) Unless otherwise specifically provided, any person violating any provision
of this Chapter 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 two hundred
fifty dollars.
(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.
SECTION 4. Section 4.08.010 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 5. Section 4.08.020 of the Santa Monica Municipal Code is hereby
repealed.
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SECTION 6. Section 4.08.025 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 7. Section 4.08.030 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 8. Section 4.08.040 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 9. Section 4.08.050 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 10. Section 4.08.060 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 11. Section 4.08.070 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 12. Section 4.08.080 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 13. Section 4.08.091 of the Santa Monica Municipal Code is hereby
repealed.
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SECTION 14. Section 4.08.092 of the Santa Monica Municipal Code is hereby
repealed.
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
repealed.
SECTION 19. Section 4.08.130 of the Santa Monica Municipal Code is hereby
repealed
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
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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.
SECTION 24. Section 4.08.180 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 25. Section 4.08.190 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 26. Section 4.08.210 of the Santa Monica Municipal Code is hereby
repealed.
SECTION 27. Section 4.08.320 of the Santa Monica Municipal Code is hereby
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.
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:
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Approved and adopted this 24th day of April, 2012.
Richard 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. 2398 (CCS) had its introduction on April 10, 2012,
and was adopted at the Santa Monica City Council meeting held on April 24,
2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2398 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City Clerk