O2095
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City Council Meeting 9-9-03 Santa Monica, California
ORDINANCE NUMBER 2095 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 4.55.060 REGARDING THE PLACEMENT OF
OBJECTS IN PARKS
WHEREAS, the City of Santa Monica is geographically small and is very densely
populated; and
WHEREAS, a majority of City residents live in multi-family housing without adequate
recreational space; and
WHEREAS, tens of thousands of workers and visitors come into the City each day,
and, on weekends, the number swells to hundreds of thousands; and
WHEREAS, park space in the City is very limited; and
WHEREAS, residents and visitors make heavy use of the City's parks for a variety
of recreational and other purposes; and
WHEREAS, park usage, although always heavy, is lightest in DHcember; and
WHEREAS, the City strives to balance park usage to ensure that access to this
limited public resource is fairly allocated and protected; and
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WHEREAS, consistent with this goal, the City endeavors to keep park space open
and available to the maximum number of community members and visitors and to avoid
monopolistic uses of the parks; and
WHEREAS, for decades, private groups have installed displays in Palisades Park,
adjacent to Ocean Avenue, during December; and this long-standing tradition is valued by
many members of the community; and
WHEREAS, the City has not sought to regulate the content of these displays and
recognizes its obligation to regulate displays in public forums, including parks, in
accordance with First Amendment standards applicable to time, place and manner
restrictions, including content neutrality,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.55.060 is hereby amended
to read as follows:
Section 4.55.060. Erection of structures.
No person shall, in any park, erect, maintain, use or occupy any tent,
lodge, shelter, structure or unattended installation or display. Thl3 following
are exempt from this prohibition:
(a) City structures and installations;
(b) Unattended installations or unattended displays in Palisades Park
adjacent to Ocean Avenue during the month of December in an area
designated by City Council resolution; and
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(c) Other displays or installations authorized by a Community Event
Permit issued by the City.
If displays or installations pursuant to subsection (b) exceed the
available, designated space, the City shall allocate the designated space on
a first-come, first-served basis, irrespective of the content of the display or
installation and irrespective of the identity of the person or persons
responsible for the display or installation.
Persons displaying or installing pursuant to exemptions (b) and (c)
above must comply with applicable safety standards, cover any attendant
costs to the City and agree to hold the City harmless as to injury or loss
resulting from the installation or display. The City Manager may adopt
administrative guidelines for allocating the space available for displays and
installations.
SECTION 2. 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 3. 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
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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 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:
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Approved and adopted this 9th day of September, 2003.
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Richard IBIoOm, tMyor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2095 (CCS) had its introduction on August 26,2003, and was
adopted at the Santa Monica City Council meeting held on September 9, 2003, by the
following vote:
Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Genser, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz, Holbrook, Mayor Bloom
ATTEST:
"~c~ _~..,~
Maria M. Stewart, City lerk
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