O2694City Council Meeting: February 22, 2022 Santa Monica, California
ORDINANCE 2694 (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO AMEND SANTA MONICA MUNICIPAL
CODE SECTION 3.36.290 TO PROHIBIT THE POSSESSION OF
COMBUSTIBLE FUELS ON AND IN CLOSE PROXIMITY TO THE
SANTA MONICA PIER WITHOUT A PERMIT
WHEREAS, as the public has continued to return to public spaces following
the easing of restrictions imposed in response to the COVID-19 pandemic, the City of
Santa Monica has seen an increase in certain activities posing risks to public safety
and the environment occurring in the vicinity of the beach and Santa Monica Pier,
including the use of combustible fuels on the Santa Monica Pier; and
WHEREAS, to address the current and immediate threat to the public health,
safety, and general welfare from the unregulated use of combustible fuels of any type
on or in close proximity to the Pier, and other urgent issues relating to the Pier, on
August 24, 2021, the City Council adopted Emergency Ordinance No. 2681, An
Emergency Ordinance of the City Council of the City of Santa Monica Adding
Sections to the Santa Monica Municipal Code to Prohibit Dumping of Commercial
Trash in City Receptacles; Prohibit Dumping of Liquid Waste on Public Rights of
Way, on Or onto the Pier or Beach, or into Storm Drains; and Prohibit the Use of
Combustible Fuels on and in Close Proximity to the Santa Monica Pier Without a
Permit; and
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WHEREAS, since the passage of Emergency Ordinance No. 2681, the City
has observed an increasing number of persons in possession of combustible liquid or
gaseous fuel without a permit for its use at or near the Pier; and
WHEREAS, if a fuel tank comprised of pressurized liquified petroleum gas
(e.g., a hydrocarbon gas, such as propane, propylene, butane, isobutane, butylene,
or a combination thereof) is not stored, transported, or handled properly, the fuel tank
can leak or explode; and
WHEREAS, a leak of a fuel tank containing liquified petroleum gas is
especially dangerous because liquified petroleum gas is highly flammable, heavier
than air, and can travel a distances to cause a fire or explosion far from its source;
and
WHEREAS, the Santa Monica Pier is a wooden structure with limited
entrances and exits and equipped only with an under-structure sprinkler system, with
the result that the unregulated use of or possession of combustible fuels of any type
on or in close proximity to the Pier poses risks to the safety of the public on the Pier;
and
WHEREAS, the City Council finds and declares that a current and immediate
threat to the public health, safety, and general welfare exists as the result of the
unregulated possession of combustible liquid or gaseous fuels on or in close
proximity to the Pier; and
WHEREAS, the City Council finds and declares that as a result, this
emergency ordinance addressing these activities is necessary to protect the public
health, safety, and welfare.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.36.290, Prohibition on
Use of Combustible Fuels in and Around Pier, is hereby amended to read as follows:
3.36.290 Prohibition on Use or Possession of Combustible Fuels in
and Around Pier
(a) Definitions. As used in this Section, the following terms shall have
the following meanings:
(1) “Fuel” means any combustible gaseous, liquid, or solid material,
including, but not limited to, propane, butane, isobutane,
propylene, butylene, any other liquefied petroleum gas, kerosene,
sterno, charcoal, or wood.
(2) “Fuel tank” means any tank, cylinder, container, or receptacle of
any kind in which the fuel is held. For the purposes of this Section,
fuel tank also includes any device or object to which the fuel tank is
secured if the fuel tank cannot be separated from the device or
object without the use of a tool.
(3) “Vehicle” has the same meaning as “motor vehicle,” as defined by
Vehicle Code section 415.
(a)(b) Prohibition on Use. No person shall use any combustible fuel
including but not limited to propane, butane, any other liquid gas, kerosene, sterno,
charcoal, or wood, on the Santa Monica Pier, including the Pier Bridge, or within 25
feet of the Santa Monica Pier, for any purpose involving the fuel’s combustion,
including, but not limited to, heating, lighting, or cooking, without first obtaining a
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permit from the Fire Marshal.
(c) Prohibition on Possession. No person shall possess any fuel on the
Santa Monica Pier, including the Pier Bridge, or within 25 feet of the Santa Monica
Pier, without first obtaining a permit from the Fire Marshal. This prohibition does not
apply to the possession of charcoal or wood except if the charcoal or wood is used
in violation of subsection (b).
(d) Exceptions. This Section shall not apply to fuel tanks containing less
than 150 milliliters of gaseous or liquid fuel or to fuel tanks that are used to power
internal combustion, zero emission, or alternative fuel vehicles as permitted by law.
(b)(e) Administrative Regulations. The Fire Marshal or designee may
promulgate regulations to implement the provisions of this sectionSection. No
person shall fail to comply with any such regulation.
(c)(f) Enforcement.
(1) Any person violating this sectionSection, or any regulation
promulgated under this sectionSection, shall be guilty of an
infraction, which shall be punishable by a fine not exceeding $500
per violation, or a misdemeanor, which shall be punishable by a fine
not exceeding $500 per violation, or by imprisonment in the County
Jail for a period not exceeding six months, or by both such fine and
imprisonment.
(2) This section Section and any regulations promulgated under this
section Section shall also be enforceable through the issuance of
administrative citations in accordance with Chapter 1.09 of the
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Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the
Santa Monica Municipal Code, the amount of the fine for a violation
of this sectionSection, or any regulation promulgated under this
sectionSection, shall be as follows, subject to modification by the
City Council by resolution: $250 for a first violation; $500 for a
second violation committed within one year of the first violation; and
$1,000 for a third or subsequent violation committed within one
year of the first violation.
(3) Each day or portion of a day that any person violates or continues
to violate any provision of this sectionSection, or any regulations
promulgated under this sectionSection, constitutes a separate
violation and may be charged and punished separately.
(g) Impoundment.
(1) The City may impound combustible fuel that is used or possessed
being used in violation of this sectionSection, together with the
storage fuel tank or other storage receptacle in which that
combustible fuel is held.
(2) The City may immediately dispose of impounded materials
combustible fuel that cannot be safely stored and may dispose of
impounded abandoned materials in accordance with administrative
regulations.
(3) Any person claiming ownership of any item impounded under this
Section may contest the impoundment by filing a timely appeal
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pursuant to SMMC Chapter 1.09.
(4) The Fire Marshal or designee shall promulgate regulations
regarding impound and storage procedures and the disposal of
abandoned impounded materials. The City Council may by
resolution adopt impound fees, which shall reflect the City’s
enforcement, investigation, storage, and impound costs. No
person shall retrieve impounded materials without paying applicable
impound fees and demonstrating proper proof of ownership.
SECTION 2. Any provision of the Santa Monica Municipal Code or any
appendix thereto inconsistent with the provisions of this emergency 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 emergency ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
emergency 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 emergency ordinance. The City Council
hereby declares that it would have passed this emergency 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 4. The Mayor shall sign and the City Clerk shall attest to the
passage of this emergency ordinance. The City Clerk shall cause the same to be
published once in the official newspaper within 15 days after its adoption. Pursuant to
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Sections 615 and 619 of the City Charter, for the reasons stated in the recitals above,
the City Council declares this emergency ordinance to be necessary as an
emergency measure for preserving public health and safety, with the result that this
emergency ordinance shall be introduced and adopted at the same meeting and shall
become effective immediately upon its adoption.
APPROVED AS TO FORM:
_______________________
JOSEPH LAWRENCE
Interim City Attorney
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Approved and adopted this 22nd day of February, 2022.
_____________________________
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2694 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on February 22,
2022, by the following vote:
AYES: Councilmembers Brock, de la Torre, Davis, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2694 (CCS) was duly published pursuant to California
Government Code Section 40806.
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3/1/2022