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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 DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 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. DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 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 DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 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 DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 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 DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 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 DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 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 DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 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. DocuSign Envelope ID: 7D678631-23D4-4A67-9374-C35E825DCF4C 3/1/2022