SR-10-08-2013-7ACity Council Meeting: October 8, 2013
Agenda Item: 7A
To: Mayor and City Council
From: Karen Ginsberg, Community and Cultural Services Director
Subject: Introduction and first reading of an Ordinance Amending Santa Monica
Municipal Code (SMMC) Chapter 4.55 Related to Commercial Fitness or
Athletic Instruction, Classes or Camps in Parks and the Beach; and Adopt
a Fee Resolution Establishing Permit Fees and Use Charges.
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading the attached proposed ordinance to amend Chapter
4.55 of the Municipal Code and create a new regulatory and permit system with
fees and use charges for commercial fitness or athletic instruction, classes or
camps in City parks and the beach.
2. Adopt the attached resolution setting forth permit fees and use charges for
commercial fitness or athletic instruction, classes or camps in City parks and the
beach.
3. Direct staff to provide Council with a status report update after a year of piloting
the regulatory and permit system for commercial fitness or athletic instruction,
classes or camps in City parks and at the beach.
Executive Summary
Following previous direction by Council, staff has prepared an ordinance that would
amend Chapter 4.55 referred to as the Park and Beach Code. The code was adopted
in order to maintain the City's parks and beaches and sets forth standards for utilization
and maintenance. The attached ordinance would revise and add sections making it
unlawful for any person to provide fitness or athletic instruction, classes or camps for
compensation in City parks or Santa Monica State Beach without City authorization.
The ordinance also would revise relevant sections of the code to address the use of
heavy equipment in parks; list parks where no commercial instruction is permitted;
authorizes a permit fee and use charge; and puts in place regulations regarding group
training in Palisades Park. The proposed fee resolution establishes permit fees of $100
- $150 annually, and use charges of 10% - 15% of gross receipts. Adoption of this
ordinance and fee resolution with proposed permit fees and percentages of gross
receipts will create a new General Fund revenue source of approximately $63,000
annually which is included in the adopted FY 2013 -14 City budget.
At the ALprH 2_'j,_,2013, meeting. Council reviewed and commented on the proposed
regulatory and permit system to address the use of City parks and the beach for
commercial fitness instruction, classes or camps. Staff proposed a regulatory and
permit system that would require commercial fitness instructors to obtain insurance,
indemnification, comply with existing business license and police permit rules, pay an
annual permit fee of $100, and pay a use charge of 15% of gross receipts payable each
quarter. Staff also recommended parks that would be appropriate for commercial
fitness instruction, outlined new rules addressing protection of park amenities, and
recommended particular requirements that would apply to Palisades Park. Because
Palisades Park is a designated City Landmark with historical structures and amenities,
is heavily used by the public, and is quite narrow and very close to residents, staff
recommended allowing only private and semi - private (1 -on -1 and 1 -on -2) commercial
instruction to occur in this park. Furthermore staff recommended that use of exercise
equipment weighing over 25 pounds be prohibited in all parks. Alternatives for Council
consideration were provided. These alternatives included consideration for allowing
group commercial fitness instruction, classes or camps in Palisades Park with
limitations on frequency, size and location; prohibiting use of all exercise equipment in
Palisades Park, or placing no restrictions on equipment. Staff also proposed that
Council could consider imposing a use charge reflecting a lower percentage of gross
receipts or a fixed use charge to be paid quarterly.
In response, Council directed staff to incorporate the following requirements into the
proposed regulatory and permit system to be regulated by an ordinance and fee
resolution:
• Implement a use charge of 10% of gross receipts
• Allow group training at Palisades Park and return to Council with proposed time,
place and group size restrictions
® Allow equipment of more than 25 pounds at Clover Park and at one or two other
parks within the City
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• Include Goose Egg Park and Ashland Park within the list of parks where
commercial fitness instruction would be prohibited
• Provide education and a code of conduct to trainers
• Return with an ordinance and fee resolution to implement the proposed
regulatory and permit system, fees and charges, with the requested changes
noted above
Discussion
In response to Council direction, staff recommends the following refinements to the
proposed regulatory and permit system:
One Year Pilot Period
Staff recommends that the new regulatory and permit system be structured with a one
year pilot period. Upon completion of the one year period, staff would provide Council
with a report evaluating the regulatory and permit system based on feedback from
residents, instructors, City code enforcement, administrative and maintenance staff and
propose modifications for Council consideration as necessary.
Commercial Fitness or Athletic Instruction Classes or Camps
It has been staff's intention that commercial fitness instruction, classes or camps as
referred to in the April 23, 2013 staff report, include not only traditional exercise, but
also activities such as tai -chi, yoga, soccer, karate, boxing, and other types of athletic
activities. Therefore, for clarification purposes, the words "or athletic" have been added
to the title of this proposed regulatory and permit system.
Group Training Areas
Four "zones" as noted below with one south of the California Incline and three north of
the Incline have been identified as possible locations for group training. (Attachment A).
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Zone #1: Palisades Avenue north to Alta
Zone #2: Montana Avenue north to Palisades Avenue
Zone #3: Immediately north of Idaho
Zone #4: Wilshire north to the public restroom
In identifying these zones, staff considered: the openness and depth of the area; the
adequacy of the area's size so that a group could move within the zone to provide
respite for the turf for maintenance; proximity to neighbors; adequate drainage,
proximity to park amenities such as picnic tables and fencing; and current usage
patterns.
Group Size
It is proposed that groups in Palisades Park would have more than 2, but no more than
15 participants at any one time.
Allocation for Group Permits
It is proposed that group permit applications for Palisades Park be accepted annually
during a fixed application period. Further, it is proposed that a limit of 20 group permits
be issued. A lottery or similar system may need to be established to award permits if
more than 20 applications are received. Zone #1 to #4 may be occupied on a first -
come, first - served basis to permittees. Two groups would be able to occupy a "zone" at
any one time unless staff, i.e. maintenance staff, park rangers, relocate groups as
necessary to allow for maintenance or other activities to occur.
Private /Semi- Private Training Areas
In an effort to reduce impacts to neighbors and maintain adequate access for general
park users, all commercial fitness or athletic instruction, classes, and camps would be
prohibited north of Marguerita Avenue due to the narrowness of the park and close
proximity to residents.
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Hours
Staff originally proposed allowing fitness or athletic instruction to take place from
6:OOam to 11:OOpm. Residents near Palisades Park have expressed concern about
early morning fitness instruction and have suggested that it be prohibited prior to
8:OOam while instructors and their clients have expressed that prohibiting instruction
before 8:OOam would impact their ability to train before going to work. Staff
recommends that no commercial fitness or athletic instruction, classes or camps occur
in Palisades Park before 6:OOam or after 9:OOpm.
Palisades Park Equipment Restrictions
Equipment in Palisades Park would not exceed 25 pounds.
Park Upkeep and Maintenance
Staff met with City Engineers and Public Landscape staff to address concerns that were
raised by members of the public regarding destabilization of the bluffs and soil
compaction due to regular and ongoing fitness or athletic instruction.
City engineers recognize that the Palisades Park bluffs are a unique geological feature
in the City of Santa Monica and are considered vital to the character of the City. The
City has heavily invested in the stabilization of the bluffs since 1997. The City has
hired industry leading geotechnical firms to evaluate the bluffs. Currently both URS and
Earth Mechanics, Inc. have contracts with the City to study both the global and surficial
stability of the bluffs to identify areas of weakness, and recommend improvements as
necessary, Over the past 15 years (the first drainage improvement work took place in
1998 as part of the BIG project) the City has completed soil stabilization projects by way
of soil nails, hydraugers, and more simply regrading of soils and installation of drainage
systems to remove surface water from the park. The maintenance of the surface layer
of the soil, through aeration, regrading, and reseeding, is necessary to allow the park to
remain a gathering place for the community. The City commissioned a report by URS
to study the ability of the bluffs to support the crowds that were anticipated before the
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LA Marathon first came into the City in 2010, In their report dated February 22, 2010,
URS recommended that some fence locations be pulled back, but advised that the
bluffs' overall stability would not be compromised because of the crowds.
Concerns were also expressed regarding the issue of soil compaction and erosion in
the areas where group fitness or athletic instruction occurs. Public Landscape staff
implement best practices and guidelines for turf maintenance in all parks, including
Palisades Park. Bermuda grass is used in Palisades Park, which is very durable and
also used on City athletic fields. Regular turf maintenance includes quarterly aerating,
fertilization and the use of quality organic mixed materials in top dressing /seeding. Staff
believes that the proposed regulatory and permit system requirements would reduce the
current amount of fitness and athletic instruction in Palisades Park. Maintenance staff
would continue to close down areas for respite and instructors would be restricted from
training in those areas when closed. Restricting the use of exercise equipment to no
more than 25 pounds would also help to mitigate possible wear and tear, and, unlike
permitted activities on athletic fields, fitness and athletic instructors in the parks and
their clients are prohibited from wearing cleats which can cause severe damage to the
turf.
Community Classes Program
Staff also evaluated the possibility of requiring that all group fitness and athletic
instruction in Palisades Park be offered only through the City's Community Classes
program so that the City could have greater control over the groups' use of the Park,
including where and when classes are offered. Fitness instructors reported that their
business models allow for package deals with flexible class times and pricing which
does not lend itself to the structure of the Community Classes program. In addition,
staffing for the Community Classes program would need to be increased to handle the
additional workload of managing the contractors and processing registrations.
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ALL PARKS AND THE BEACH
Permit Fees
Staff recommends an annual permit fee of $100 be established to cover the cost of
issuing a permit for commercial fitness or athletic instruction, classes or camps. The
permit fee includes two hours of Staff Assistant III and .5 hours of Senior Administrative
Analyst time to issue each permit. An additional $50 permit fee will be assessed for
permits that include group activity in Palisades Park if a lottery or similar process is
necessary. This is consistent with the permit fee for surf instruction and beach camps
authorized by Exhibit S of Resolution # 10753 (CCS). The permit fee is subject to the
Consumer Price Index (CPI) increases each July 1st.
Use Charges
Staff had originally proposed a use charge of 15% of gross revenues. At the April 23,
2013 meeting Council supported a use charge of 10% of gross revenues to be paid
quarterly. As is the requirement for surf instruction permits, gross revenue includes
income from ancillary sales such as for t- shirts or equipment, etc., sold off -site and
directly related to use of a Santa Monica permit. Due to the unique and special qualities
of Palisades Park as described above along with the high desirability of the Park, staff
proposes a use charge of 15% of gross receipts for instruction in Palisades Park and
10% for other parks and the beach.
Equipment Restrictions
Exercise or athletic equipment weighing over 25 pounds would be prohibited within any
park without prior authorization by the Director of Community & Cultural Services,
except at Airport Park, Clover Park and Reed Park. There would be no restrictions on
the weight of equipment used at the beach.
Amplification and Use of Bullhorns
Permit holders would need to adhere to the General Park rule 1. (p) which states that:
"permit holders shall not utilize amplified sound, unless authorized by the Department"
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(Attachment B). It is proposed that the permit application would state that this
requirement includes bullhorns and whistles.
No Instruction in Certain Parks
Goose Egg Park, Ashland Park, Beach Park 3, Chess Park and Ken Genser Square
have been added to the list of City Parks where commercial fitness and athletic
instruction may not occur (Attachment C).
Enforcement and Education
Staff would work closely with enforcement personnel including Park Rangers and Code
Enforcement Officers to familiarize them with the new regulatory and permit system.
Staff anticipates a minimum 30 day educational period to allow adequate time to
educate the instructors and their clients, the residents, as well as enforcement staff.
Staff would require that authorized instructors wear and /or display a City - provided
badge and /or display card, at all times when they are instructing. Concurrent with
implementation, temporary signs would be placed in key locations to alert instructors
and their clients of the permit requirements. Rules would also be promoted through
electronic and print materials. Should commercial instruction permit holders be found in
violation of codes or rules, notices and citations could be issued leading to a permit
revocation or denial of reissuance.
Permit Application with Rules and Code of Conduct
A list of Permit Rules and a mandatory Code of Conduct would be included on the
permit (Attachment C).
Community Input
Staff met with representatives from the Santa Monica Outdoor Fitness Coalition (a
group of fitness instructors who have banned together to advocate for use of parks and
the beach for fitness instruction) to review the direction given by the City Council, outline
the proposed recommendations, and seek feedback. Coalition members advocated for
setting Palisades Park maximum class size at 30 participants in order to accommodate
periodic special classes such as family days and free class offerings while
acknowledging that on average they believed that a maximum size of 20 participants
would work. Based on their observation of the number of group classes currently
conducted in Palisades Park, they did not believe that limits would need to be placed on
the number of group permits issued per year for Palisades Park. The Coalition
welcomed new rules and a shared Code of Conduct. Additionally they asked that group
classes in Palisades Park continue to be allowed when the park opens at 5:00am
indicating that at least one Coalition member conducts classes at 5:30am and would be
impacted by a later start time.
Staff believes that a group size limit of 15 is appropriate for Palisades Park given the
possibility of two groups occupying each Zone at any one time along with private and
semi - private instruction. Additionally during the testimony provided to Council in April
2013 some Coalition members indicated that their average class size was less than 15
participants. Staff also believes that a 6 :00am start time, combined with restrictions on
group numbers, size and location would help to mitigate concerns that adjacent
neighbors have expressed about noise from instructors and their clients as early as
5:00am.
Recreation and Parks Commission Recommendation
At the June 20, 2013 Recreation and Parks Commission meeting, staff presented
refinements to the proposed regulatory and permit system based on Council direction.
After considerable discussion and several unsuccessful motions, the Commission
narrowly adopted the following recommendations for Council consideration:
• Prohibit all commercial fitness instruction (including 1 -on -1; 1 -on -2) in Palisades
Park
• No commercial fitness instruction, classes or camps may occur in any park
before 7:00am or after 8:00pm
• All other options /refinements as presented in staff report
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Staff considered the recommendations of the Santa Monica Outdoor Fitness Coalition
and the Recreation and Parks Commission and believes the staff proposal as outlined
in this report is consistent with the direction provided by Council on April 23, 2013.
Financial Impacts & Budget Actions
The proposed permit fees for fitness or athletic instruction, classes or camps are
anticipated to provide $63,000 in annual revenues at account 01544.409180. Revenue
is included in the FY 2013 -14 Adopted Budget and FY 2014 -15 Budget Plan.
Prepared by: Wendy Pietrzak, Acting Community Use Administrator
Approved:
Forwarded to Council:
Karen Ginsbe g Rod Gould
Director, Com unity(& Cu ural Services City Manager
Attachments:
A. Map of Proposed Palisades Park Group Training Zones
B. Relevant Existing Santa Monica Municipal Codes and Official Rules for Use of
Parks and the Beach
C. Regulatory and Permit Framework for Use of City Parks and the Beach for
Commercial Fitness or Athletic Instruction, Classes or Camps
D. Proposed Ordinance
E. Proposed Resolution Establishing Fees and Charges
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Attachment A
Palisades Park Group Training Zones
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Relevant Existing Santa Monica Municipal Codes and
Official Rules for Use of Parks and the Beach
The following current Rules and Codes may be relevant to consider:
® No person shall leave food or property in a Park or the Beach (SMMC 4.55.070)
® Litter must be placed in receptacles (SMMC 7.48.020)
® Advertisements, signs or handbills may not be posted in a Park or on a street
tree or pole (SMMC 4.08.480)
® Obstructing or blocking Park or Beach paths, sidewalks, entrances, or access
ways is prohibited (SMMC 4.55.050)
® No person shall interfere with, or hinder any City employee in maintenance or
repair of any Park, Park facility, Beach area or Beach facility (SMMC 4.55.090)
® No person shall enter, remain or be present in a Park when the Park is closed
(SMMC 4.55.120)
Parks are closed from 11 PM to 6AM
Palisades Park is closed from 12AM (Midnight) to 5AM
Chess Park is closed between sunset and sunrise
® No person shall attach or keep attached any wire, rope, swing or any other object
to any public tree (SMMC 7.40.140, c)
® No person shall use a Park area, court or field when said area is posted as
closed (Official Rules, General Park, b)
® All permit holders must display a copy of their permit when asked by authorized
City personnel (Official Rules, General Park, o)
® Permit holders shall not utilize amplified sound, unless authorized by the
Department (Official Rules, General Park, p)
® No person shall use a Beach area when said area is posted as closed (Official
Rules, General Beach, b)
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Attachment C
Regulatory and Permit Framework for Use of
City Parks and the Beach for Commercial Fitness or Athletic
Instruction, Classes or Camps
Changes to Municipal Code (see Attachment D)
Ordinance amends Section 4.55 by:
® Adding a definition of "Compensation"
® Making it unlawful for any person to provide fitness or athletic instruction, classes
or camps for compensation in City parks or Santa Monica State Beach without
City authorization (authorization to be given through a permit system) and listing
parks where no commercial activity will be permitted
® Addressing group instruction in Palisades Park; and
® Prohibiting heavy equipment in parks, except for Airport, Clover or Reed Parks
Fee Resolution (see Attachment E)
City Council will be presented with a Resolution which will establish fees for:
® Annual Private /Semi - Private and Group /Camps permit fee of $100
® Annual permit fee for group instruction in Palisades Park of $150 (if lottery or
similar system is needed)
® Permit fees are subject to Consumer Price Index (CPI) increases each July 1 st.
® Use Charge of 10% of gross receipts payable within 15 days of the end of each
quarter, 15% for Palisades Park
Changes to Official Rules for Park and the Beach
The following new rules apply to all park or beach users:
® Park equipment and installations may not be used for exercise activity except for
equipment designed for exercising. These include but are not limited to light
poles, drinking fountains, public art, bleachers, pergolas, picnic tables, benches,
railings, chain link fencing, freestanding signs, bike racks, and barbeque grills.
Adults may not exercise on playground equipment.
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® Exercise equipment weighing over 25 pounds, is prohibited within any park
without prior authorization by the Director, except at Airport Park, Clover Park
and Reed Park.
The following are added to the Official Rules for Use of Parks and the Beach to address
Fitness or Athletic Instruction, Class or Camp Permits.
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A City authorized permit is required to conduct fitness or athletic instruction,
classes or camps for compensation in parks and at the beach. Fitness or athletic
instruction, classes or camps using City fields or courts are subject to separate
permit requirements.
a) Private and Semi - Private (1 -1 and 1 -2) instruction, and Group (more than 2)
instruction, classes or camps may be conducted at the beach and in these
parks:
• Airport Park ® Ocean View Park
• Beach Green ® Palisades Park
• Beach Park #1 (restrictions apply)
• Clover Park ® Reed Park
• Douglas Park ® South Beach Park
• Hotchkiss Park ® Stewart Street Park
• Marine Park ® Virginia Avenue Park
b) Only Private and Semi - Private (1 -1 and 1 -2) instruction may be conducted in
these parks:
• Barnard Way Linear ® Memorial Park
Park ® Tongva Park
• Crescent Bay Park
d) Permit holders must display a City- issued name badge or display card,
printed with photograph and name, at all times while conducting instruction,
classes or camps.
f) Permit holders shall follow City staff instructions regarding locations in order
to avoid damage to park facilities or turf areas, and to avoid interfering with
maintenance schedules.
g) Permit holders must be at least 200 feet from all City classes and/or camps.
h) Permit holders shall not use amplification equipment, boom boxes, bull horns
or whistles.
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i) Permit holders shall not use Palisades Park before 6am or after 9pm.
j) Palisades Park Group Permits
a. Permits for group fitness or athletic instruction, classes or camps in
Palisades Park are issued on an annual basis.
b. A maximum of 20 permits will be issued on a first - come -first served
basis.
c. If more than 20 qualified applications are received, then a lottery or
similar process will be used to determine who receives a permit.
d. Permit holder may have no more than 15 participants.
e. Permits can only be used in four Zones:
• Zone #1: Palisades Avenue north to Alta.
• Zone #2: Montana Avenue north to Palisades Avenue
• Zone #3: Immediately north of Idaho
• Zone #4: Wilshire north to the public restroom
f. No more than two groups may occupy a Zone at a time.
g. City staff may have the authority to close or relocate Zones, for
maintenance, permitted events or other activity
Permit Requirements for Commercial Fitness or Athletic Instruction, Classes or
Camps
® The regulatory and permit system applies to both youth and adult commercial
fitness or athletic instruction, classes, or camps
® Proof of insurance naming City as an additional insured at City- standard limits
® Private /Semi- Private Instruction Permits are for classes of no more than 2
participants.
® Group /Camp Instruction Permits are for instruction of more than 2 participants
® An event permit is required for groups /camps exceeding 150 (includes
participants and instructors)
• Application form
• City Business License
• Police Permit, if applicable
• Release of liability form
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Attachment D
City Council Meeting: October 8, 2013 Santa Monica, California
ORDINANCE NUMBER (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
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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.
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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" 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, Tonqva 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.
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"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
(d) The holder of any permit issued pursuant to this Section shall pay the City
a permit fee and a use charge consisting of a percentage of gross receipts, 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
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(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:
and
(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.
ty
(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 wed 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:
0
1
Annual Instructor Permit
required
Permitfee $100, Use Charge
15%
s:, height limit of 25 lbs.
List of parks for group /camp
permits and /or private and
semiprivate permits with some
parks Off limits
(private and serni- private
permits for Palisades Park)
10/8/2013
VA
M
'ckg ou J I — :III 1': III at ADril :: o,
Support staff recommendationswith
following direction:
Permitfee $100, Use Charge 10%
Group instruction in Palisades Park
with limits on time, place & size
Equipmentover 25lbs. atcertain
parks
Include noise restrictions hn permit
Expand list of parks to prohibit
commercial instruction (Goose Egg &
Ashland)
„ Provide education and code of
con'ductfor trainers
Adifi-fional Research Co put
K) Meeting with SM
Outdoor Fitness
Coalition
Meeting with Public
Landscape and
Engineering staff
10/8/2013
9
Groin Instruction
Limit of 20 Permits (.$150 Permit
Pee if a lottery is needed)
Size: Maximum 15 per group
Place: Restricted to 4 "zones ",
no more than 2 groups per zone
Group & Private *emi-
Private Instruction
Time: 6:00am - 9:00pm
(6am - 11pm other parks)
Use Charge of 15%
(10% beach and other parks)
Prohibit Instruction North of
Marguerita Avenue
10/8/2013
9
10/8/2013
ales a Identificafion
Zone #2 Montana Avenue north to Palisades Avenue
esPark Zone I e ° cafio
Zone #3 Immediately north of Idaho
10/8/2013
5
OwrA eeo enation
Equipment weight limit
25lbs.(except for the each,
Clover, Airport, and Reed)
Prohibit amplified sound
including bullhorns and
whistles
Prohibit instruction atthe
following additional parks:
Goose Egg, Ashland,
Beach park K Chess
Park & Ken Censer
Square
s,- ) Code of Conduct
Respectful of Others
5_> Education
Signage & Notices
Electronic Media
i Enforcement
Police Department
Code Enforcement
Officers
10/8/2013
C
10/8/2013