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O2099 f:\atty\muni\laws\mjm\modelcars2d-1.wpd City Council Meeting 10-28-03 Santa Monica, California ORDINANCE NUMBER 2099 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.190 TO PROHIBIT THE OPERATION OF MOTORIZED MODEL VEHICLES IN BEACH PARKING LOTS WHEREAS, persons are operating motorized model vehicles in beach parking lots; and WHEREAS, the noise created by the vehicles disrupts the quiet enjoyment of residents living near the beach parking lots; and WHEREAS, the operation of model vehicles in the beach parking lots also creates safety hazards; and WHEREAS, children and other operators of motorized model vehicles may be inattentive to vehicular traffic in the parking lots; and WHEREAS, operation of motorized model vehicles in parking lots is therefore i na ppropriate/problematic, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4.08.190 is hereby amended to read as follows: 1 Section 4.08.190. Remote control models. (a) No person shall operate any model plane in any park, playground, beach, beach parking lot or public recreation area. (b) No person shall operate any model car, truck or vehicle in any beach parking lot. (c) For purposes of this Section, the following definitions shall apply: 1(;1) Model plane shall mean any device that flies, whether uncontrolled or controlled by radio, wire, or string, and is powered by internal combustion, electricity, gasoline, or any other type of fuel, and any device that flies by whatever means weighing more than eight ounces, (2) Model vehicle shall mean any model vehicle controlled by radio or wire and powered by internal combustion, electricity, gasoline, battery, or other type of fuel or power. (3) Beach parking shall include all roadways providing access to or connecting beach parking lots. (d) This Section shall not apply to models in any area designated by the City for the use of such models if the person using the model is in compliance with posted rules governing the use of the designated area. 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 2 SECTION 3.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 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: ~ 3 Approved and adopted this 28th day of October, 2003. ~)',~ ~;;;;.w Richard Bloom, Mayor' .- State of Califomia ) 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. 2099 (CCS) had its introduction on October 14, 2003, and was adopted at the Santa Monica City Council meeting held on October 28, 2003, by the following vote: Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Feinstein, Genser, Holbrook, O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Katz ATTEST: ~~. Maria M. Stewart, Ci 4