SR-02-24-2015-7B - 802-009City u ci Report
City of
sanla Monica,
City Council Meeting: February 24, 2015
Agenda Item: °8
To: Mayor and City Council
From: Karen Ginsberg, Director of Community and Cultural Services
Subject: Introduction and First Reading of an Ordinance adding Section 4.04.162 to
the Santa Monica Municipal Code prohibiting certain exotic and wild animals
from the Beach, Ocean Front Walk, the Pier and Pier ramp, the Third Street
Promenade, the Downtown Transit Mall, and all City parks and adjacent
sidewalks.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance to add Santa Monica Municipal Code Section 4.04.162 which will prohibit
certain exotic and wild animals from the Beach, Ocean Front Walk, the Pier, the Pier
ramp, the Third Street Promenade and the Downtown Transit Mall, and all City parks
including adjacent sidewalks.
Executive Summary
Staff is proposing an ordinance that would prohibit some wild and exotic animals,
including all species of snakes, reptiles, birds, and non -human primates, from all City
parks including adjacent sidewalks, the Beach, Ocean Front Walk, the Pier and Pier
ramp, the Third Street Promenade, and the Transit Mall. Prohibited animals may be
present on public property in accordance with the terms and conditions of a community
events permit or film permit issued by the City, and animals naturally inhabiting these
areas would be exempt from the proposed ordinance.
Discussion
Recently staff has fielded an increasing number of complaints from residents and
visitors regarding the presence of various exotic and wild animals in City parks,
particularly in Palisades Park. The complaints range from public health and safety
concerns to issues related to the perceived inhumane treatment of these animals.
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Palisades Park, a historic landmark, attracts large numbers of residents and visitors on
a daily basis. Numerous individuals have offered photos with animals including snakes
and birds in Palisades Park in exchange for a monetary donation. Staff, residents, and
visitors regularly witness these individuals approaching park patrons to entice them to
touch, handle, and hold these exotic animals. At times, these individuals do so in an
aggressive manner. Animals such as birds or snakes are even tossed by their handlers
at unsuspecting park patrons so that they have no choice but to interact with the
animals and their owners.
The Santa Monica Police Department has responded to several incidents at the
southern end of Palisades Park involving exotic animals, including documented injuries
to children. Additionally, these animals often attract crowds and cause commotion that
result in people congregating in the middle of park pathways and sidewalks restricting
public access to the park, and sometimes spilling into the streets near the busy
intersection of Colorado and Ocean Avenues.
Furthermore, these exotic animal activities have generated a growing public concern
and complaint of inhumane treatment of these animals in Santa Monica and beyond.
Residents and visitors have voiced concerns regarding the treatment of these animals
and question if their exposure to a large number of people in a generally loud urban
environment (which is generally not their native habitat) and their prolonged exposure to
the sun is healthy for the animals.
Staff recommends Council adopt the proposed ordinance (Attachment A) that would
prohibit all species of snakes, reptiles, non -human primates, and birds from all City
parks and sidewalks adjacent to the parks, the Beach, Ocean Front Walk, the Pier and
the Pier ramp, the Third Street Promenade, and Transit Mall. Interactions with animals
naturally inhabiting these public areas would be exempt from the ordinance and
prohibited animals may be present on public property in accordance with the terms and
conditions of a community events permit or film permit issued by the City. Government
personnel, such as Police Officers, operating on public property to protect public health,
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safety and welfare are also exempt from the proposed prohibitions. Any other activity
authorized by federal or state law is also exempted
While to date the issues have centered around Palisades Park, it is recommended that
the proposed prohibition be extended to include the Beach, Ocean Front Walk, the Pier
and Pier ramp, the Third Street Promenade, and the Downtown Transit Mall. Large
crowds gather at each of the aforementioned areas and a spillover effect is anticipated if
the ordinance is only made effective in the parks.
Commission Action
The Recreation and Parks Commission discussed restricting performances involving
animals in the parks and at the Beach at the Commission's regularly scheduled meeting
on August 21, 2014. It was noted that many cities, including West Hollywood,
Pasadena, Huntington Beach, Encinitas, and Newport Beach, have passed similar
ordinances banning exotic animal acts citywide. Following public comment and
discussion, the Commission approved a motion to recommend that Council consider
revising applicable laws to ban acts involving animals in parks, at the Beach and other
public spaces as the Council deems appropriate.
Previously, the Recreation and Parks Commission and the Pier Board sent letters to the
Council in regards to the safety concerns associated with the presence of exotic
animals in Palisades Park on December 24, 2013 and February 5, 2014, respectively
(see Attachments B and C). Furthermore, at the Pier Board's February 4, 2015 meeting,
members voted to support the proposed ordinance (see Attachment D),
Alternatives
1. The Council could choose to not adopt the proposed ordinance and continue to
allow exotic animals in City parks, the Beach, Ocean Front Walk, the Third Street
Promenade, the Transit Mall, and on the Pier and Pier ramp.
2. The Council could modify the list of prohibited animals as proposed in the
ordinance
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3. The Council could modify the locations where such animals are prohibited.
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Melissa Spagnuolo, Senior Administrative Analyst
Approved: Forwarded to Council:
V-'-' C� \" ['�- b�
Karen Ginsberg Elaine Polachek
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Director, Commun y & Cul ural S rvices Interim City Manager
Rod Merl �
Pier Managdr
Attachments:
A. Exotic animals Attach A Park and beach codes ord 2 24 15 (DOC)
B. RPC Council Letter Animals 10 2 14 (PDF)
C. Palisades Pe rformerLetter_0214 Pier Board (PDF)
D. Pier Board Ltr support exotic animal ordinance Attach D (PDF)
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City Council Meeting: February 24, 2015 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 4.04 OF THE SANTA MONICA MUNICIPAL
CODE PROHIBITING CERTAIN ANIMALS IN CERTAIN PUBLIC PLACES
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, because the City is both densely populated and visitor serving, its
public spaces often become extremely crowded; and
WHEREAS, the City's park space is limited; and
WHEREAS, public beaches and City parks are congested public recreational
facilities that are heavily used by residents, workers and visitors; and
WHEREAS, the Pier is a long and narrow space, only 35 feet wide at some
points, with ingress and egress at only one end; and
WHEREAS, the Third Street Promenade and the Transit Mall are located at the
heart of the City's busy Downtown District; and
WHEREAS, all of these public spaces are heavily patronized by the public year
round and congestion in these confined places is a constant norm; and
WHEREAS, because each of these public resources are limited and heavily
1
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, disruptive activities within the City's public spaces interfere with the
general public's use and enjoyment of these public facilities and damages the public
welfare; and
WHEREAS, the presence of non - domesticated, and potentially vicious, ferocious
or dangerous animals within these congested public spaces constitutes a serious
danger to public health, safety and welfare; and
WHEREAS, City Staff has witnessed persons having control over monkeys,
birds, snakes or other reptiles toss such animals onto unsuspecting members of the
public, while on public property, as a way of requesting payments from such members
of the public; and
WHEREAS, such animals have assaulted members of the public while on public
property; and
WHEREAS, the City Council finds that it is necessary to prohibit such animals
from the City's most congested public spaces in order to protect the public's safety and
to promote the general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
E
SECTION 1. Section 4.04.162 of the Santa Monica Municipal Code is hereby
added to read as follows:
4.04.162 Prohibition of Certain Animals on Public Property.
(a) It shall be unlawful for any person having control, charge or custody of
any snake or other reptile non -human primate (such as chimpanzees and monkeys) or
bird to permit such animal to be in or upon any City park the beach Ocean Front Walk,
the Pier, the Pier ramp the Third Street Promenade the Transit Mall, and the public
sidewalks and parkways immediately adjacent to any City Park.
(b) The following activities shall be exempt from the prohibitions contained
in this Section:
(1) Anv person interactina with animals naturally inhabitina the public
property; Or
(2) Any person transporting animals within a vehicle traveling on the
public street; or
(3) Governmental personnel operating on public property to protect
public health safety or welfare; or
(4) Any other activity authorized by federal or California state law.
SECTION 2. Section 4.04.166 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Notwithstanding the prohibitions contained in Municipal Code Sections 4.04.150,
4.04.155, aad 4.04.160, and 4.04.162, animals may be present on public property in
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accordance with the terms and conditions of a community events permit or film permit
issued by the City.
SECTION 3. Section 4.04.520 of the Santa Monica Municipal Code is hereby
added to read as follows:
4.04.520 Enforcement
(a) Unless otherwise specifically provided, any person violating anv provision of
this Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine not
exceedinq five 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) Any person violating any provision of this Chapter or anv rule or regulation
may be subject to administrative citations pursuant to Chapter 1.09 of this Code.
SECTION 4. 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 5. 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
C!
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 6. 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:
MA SHAG ES MOUTRIE
City Attorney
61
CRY of
SnNgfte0 H®9alled,
September 30, 2014
Recreation & Parks Commission
1685 Main Street
Po Sox 2200
Santa Monica, California 904072200
Mayor O'Connor and City Council Member
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Animal Acts in parks, at the beach and other public spaces
Dear Mayor O'Connor and Council Members:
At its August 21, 2014 meeting, the Recreation and Parks Commission adopted a motion to
request that the Council consider revising applicable laws to ban acts involving animals in parks, at
the beach and other public spaces as the Council deems appropriate. In preparing to discuss the
issue, the Commission preformed some preliminary research to see how other municipalities
address animal acts in their communities. The Commission found that cities throughout California
and across the country regulate animal acts in public spaces.
In adopting the motion, the Commission expressed public safety concerns regarding the large
crowds that can congregate around animal acts in the parks and on the beach and that these
animals have a documented history of causing minor injuries to spectators. Additionally, many of
the animal acts are not properly cleaned up after which can have negative impacts on our local
environment as well as potentially facilitate disease transmission. Furthermore, the Commission
noted an increasing public sentiment of intolerance for the exploitation of animals for commercial
purposes.
In response to the Commission's concerns, staff is currently researching possible regulations for
this type of activity and based upon research is likely to propose a set of regulations that address
Issues specific to Santa Monica.
`Wtn the meantime, the Commission wanted you to.be aware of its recommendation.
UV
Phil Brock
Chair
cc: Recreation and Pads Commissioners
Rod Gould, City Manager
Elaine Polachek, Assistant City Manager
Marsha Moutrie, City Attorney
Jacqueline Seabrooks, Chief of Police
tel: 310 458 -8310
FEBRUARY 5, 2014
Mayor and Council
1685 Main SL
PO Box 2200
Sonia Monica, CA 90407-2200
Dear Mayor and Council
I am writing on behalf of the Board of Directors of the Santa Monica Pier Corporation to let you know that
we share the concerns of the Recreation and Parks Commission related to activity at the southerly end of
Palisades Park,
This area is immediately adjacent to the entrance of the Pier and should serve as a welcoming and easily
traversable passage from one beloved municipal Landmark to another. Instead, crowding around performers
who are active in that area of the park can force pedestrians into the Pier Bridge roadway, creating a dangerous
condition. At night, performances with lighted projectiles serve to distract both pedestrians and drivers entering
the Pier, increasing the risk of incident. Some of the performers are aggressive, startling passersby by thrusting
animals at them. The advent of the Expo line on the Esplanade leading to the Park and Pier will likely increase
the number of people in the area and exacerbate the problem.
We encourage you to direct staff to identify and evaluate solutions to this condition and to advise us when and
if the matter will be on your agenda.
Sincerely,
Judy Al)(lo
Chair
200 SANTA MONICA PIER, SUITE A, SANTA MONICA, CA 90401
n.
'AWA PIER
Mayor and City Council;
The Santa Monica Mier Corporation Board at its February 4, 2015 meeting discussed tho
proposed ordinance banning exotic and wild animals from City parks, including adjacent
sidewalks, the Pier, the Pier Bridge, Ocean Front Walk, the Beach, the Promenade and the
Transit Mall.
The Pier Board has previously noted its concern with the congestion created by these exotic
animals and the often aggressive activities by persons using these animals in performances or
to leek donations for photos. Access to and from the Pier is often seriously constrained by
these activities and persons trying to traverse the area are subject to having animals thrust at
them or even tossed at them. The Banta Monica Police have had to respond to incidents
associated with such situations.
"rho Fier Board also shares the concerns of many in the community about the treatment of
these animals. The Board does ask that the language of the ban address protections for
educational activities such as the Aquarium.
The Pier Board strongly recommends that the City Council consider and approve a ban on
exotic and wild animals and their exploitation in public places such as City Parks and adjacent
sidewalks, the Mier, The Pier bridge, the Beach and Ocean Front Walk, the Promenade and the
Pier.
Judy Abdo
Chair
The Santa Monica Fier Corporation
e -nIk G` ILL $on , Fir Z"l p of ci7, 200 Sen i ldo ru:s: Pic i 1 uiie lF, " 904() 1