O2441City Council Meeting: October 22, 2013 Santa Monica, California
ORDINANCE NUMBER 2441 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ARTICLE IV OF THE SANTA MONICA
MUNICIPAL CODE RELATED TO COMMERCIAL FITNESS OR ATHLETIC
INSTRUCTION, CLASSES OR CAMPS IN PARKS AND THE BEACH
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, excluding the Santa Monica state beach, the City has less park
space than standards set forth by the National Recreation and Park Association; 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 heavy equipment within City parks may cause damage to park
grounds, facilities, and poses safety hazards to park users; and
WHEREAS, the City's parks vary significantly in size, configuration, amenities,
amount of passive open space, and uses; and
WHEREAS, because of these and other differences, the City's parks vary in their
capacity to accommodate use for commercial fitness training; and
WHEREAS, commercial fitness or athletic instruction, classes and camps within
parks or at the beach can interfere with the general public's use and enjoyment of these
public areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.55.020 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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.
"Compensation" shall mean payment for work or services performed, by salary,
wages, commission, or otherwise, including the giving of goods as remuneration.
"Department" shall mean the Department of Community and Cultural Services.
2
"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, Ken Genser Square, 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, Tongva 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.
191
"Park foliage" shall mean any tree, hedge, bush, shrub, plant, flower, grass, or
foliage or turf in any park.
SECTION 2. Section 4.55.030 of the Santa Monica Municipal Code is hereby
added to read as follows:
4.55.030 Park and beach - Fitness or athletic instruction,
classes or camps authorization.
(a) It shall be unlawful for any person to provide fitness or athletic instruction,
class or camp for compensation without City authorization in any City park or the beach.
(b) The Director may promulgate regulations implementing this Section,
addressing the authorization system, permit types, requirements and methods of
issuance, indemnification and proof of insurance, limits on locations, hours and group
size restriction and other regulations as needed, to implement this authorization system.
Those regulations shall ensure that City parks and the beach remain shared public
resources and that opportunities to use the parks and the beach for commercial
purposes are fairly allocated.
(c) No permit or other authorization for fitness or athletic instruction, class or
camp for compensation shall be issued for Ashland Park, Beach Park #4, Chess Park,
Euclid Park, Goose Egg Park, Joslyn Park, Ken Genser Square, Muscle Beach Park,
Ozone Park, Pacific Street Park, Park Drive Park, Schader Park or any other park if the
Director finds commercial fitness or athletic activity to be incompatible with the public
use of the park. No permit or other authorization shall be issued authorizing fitness or
athletic instruction, class or camp for compensation in Palisades Park on Sundays.
M
(d) The holder of any permit issued pursuant to this Section shall pay the City
a permit fee and a use charge, both which shall be set by City Council resolution.
(e) Those authorized to provide commercial fitness or athletic instruction,
classes or camps must comply with all applicable Federal, State, and City laws, rules
and regulations, including those governing the operation of a business in Santa Monica.
(f) This section shall not be construed to limit the City's ability to conduct
activities, including but not limited to fitness or athletic instructions, classes or camps, in
City parks or on the beach.
SECTION 3. Section 4.55.120 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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.
(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.
(3) Ken Genser Square or any other City -owned landscaped open space in the
Civic Center area, as closure hours for these public spaces are governed by laws
regulating Civic Center Grounds.
SECTION 4. Section 4.55.130 of the Santa Monica Municipal Code is hereby
added to read as follows:
4.55.130 Park— Equipment.
(a) No person shall place any equipment or object used for fitness or athletic
activity weighing more than twenty -five (25) pounds within any City park without prior
authorization by the Director. This prohibition shall not be applicable at Airport Park,
Clover Park and Reed Park.
(b) The Director shall authorize the use of the requested equipment, with
conditions, if he /she determines that the proposed use of such equipment:
We
(1) is consistent with this Chapter;
(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.
SECTION 5. Section 4.55.420 of the Santa Monica Municipal Code is hereby
amended as follows:
4.55.420 Penalties for violation.
(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 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 investigative costs and 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.
(d) The City may revoke, suspend or deny the issuance of a permit pursuant to
this Chapter, if the permit holder or applicant has violated applicable Federal, State, or
City laws, or rules or regulations. Any revocation, suspension or denial decision is
appealable to a Hearing Examiner pursuant to Chapter 6.16 of this Code.
SECTION 6. 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.
7
SECTION 7. 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 8. 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:
9
Approved and adopted this 22 "d day of October, 2013.
am O'Connor, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2441 (CCS) had its introduction on October 8, 2013,
and was adopted at the Santa Monica City Council meeting held on October 22,
2013, by the following vote:
Ayes: Councilmembers: Davis, McKeown, Winterer
Mayor O'Connor
Noes: Councilmembers: Holbrook, Vazquez \
s
Absent: Councilmembers: Mayor Pro Tern O'Day
A summary of Ordinance No. 2441 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
J(•ka�k, City
Sarah P. Gormann, City Clerk