O2401City Council Meeting: June 26, 2012 Santa Monica, California
ORDINANCE NUMBER 2401 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.55.060
RELATING TO ERECTION OF STRUCTURES AND WINTER DISPLAYS IN
PALISADES PARK
WHEREAS, for many years, Nativity scenes have been displayed in Palisades
Park, a world- renowned historic landmark, during the winter holidays; and
WHEREAS, the Santa Monica Municipal Code Section 4.55.060 generally
prohibits unattended displays in City parks; and
WHEREAS, in 2003, this section was amended to create an exception to the
prohibition so that winter displays would be allowed in Palisades Park; and
WHEREAS, the City has also adopted written regulations governing these
displays; and
WHEREAS, in recent years, the Nativity scenes were installed pursuant to the
exception as was a Menorah, winter solstice displays and displays advocating atheism;
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WHEREAS, last year, for the first time, not only did the number of requested
displays exceed the available space, but multiple requests were received on the same
day for the same block; and
WHEREAS, to address that situation, the City implemented its content - neutral
system for allocating display space, utilizing a random drawing; and
WHEREAS, as a result of the number of spaces requested by the applicants,
only the first four names drawn were allocated space; and
WHEREAS, most of the spaces went to applicants who did not utilize them to
celebrate religious holidays, and many used the display space to advocate atheism; and
WHEREAS, the City received a large number of varied complaints about the
displays; and
WHEREAS, many complainants advocated for limiting displays to traditional or
religious content, and many other complainants advocated for no displays at all
because the displays block the scenic views of the park and ocean; and
WHEREAS, because the number of applicants for display space has grown so
large, the City cannot accommodate all those who wish to install displays without
blocking much more or all of the park frontage and views; and
WHEREAS, because the park is a classic public forum, the City cannot pick and
choose between applicants based on the content of their proposed displays or the
applicants' identity and therefore must either eliminate winter displays or operate a
system that allocates to all "speakers" equal opportunities to use the available space,
irrespective of the content of their message; and
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WHEREAS, operating the system this year was extremely time consuming for
City staff due to the large number of applicants; and
WHEREAS, staff has been notified that even more applications will be filed next
year, which will make administration even more time consuming and costly; and
WHEREAS, input from the public indicates that a large number of City residents
would prefer to have no displays in the park; and
WHEREAS, displays, including displays celebrating religious holidays, are often
installed on non - governmental property; and
WHEREAS, displays that have been or could be installed in Palisades Park may
be installed on other, non - governmental property; and
WHEREAS, eliminating winter displays in Palisades Park will conform usage of
that park to the long standing, City -wide standard which prohibits unattended displays in
parks, conserve City resources, and protect the views of the park and ocean from
Ocean Avenue without precluding the installation of displays on other non - governmental
property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.55.060 is hereby amended
to read as follows:
4.55.060 Erection of structures.
No person shall, in any park, erect, maintain, use or
occupy any tent, lodge, shelter, structure or unattended
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installation or display. The following are exempt from this
prohibition:
(a) City structures and installations;
(b) Other displays or installations authorized by a
Community Event Permit issued by the City.
Persons displaying or installing pursuant to the
exemptions in subsection (b) 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.
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.
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,
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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:
MARSHA J S MOUT IE
City Attdrn y
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Approved and adopted this 26th day of June�012.
Glea'nj Davis, Mayor Pro Tern
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2401 (CCS) had its introduction
on June 12, 2012, and was adopted at the Santa Monica City Council meeting
held on June 26, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day,
Mayor Pro Tern Davis
Noes: Council members: None
Absent: Council members: Shriver
Mayor Bloom
A summary of Ordinance No. 2401 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
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Denise Anderson - Warren, Acting City Clerk