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O2095 f:\atty\mu n i\laws\mjm\objectplacement2d-1 . wpd 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 1 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 2 (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 3 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: 4 Approved and adopted this 9th day of September, 2003. ~~ ~ 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 5