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O2134 '" f:\atty\muni\laws\mjm\parkamend2d-1.doc City Council Meeting 8-3-04 Santa Monica, California ORDINANCE NUMBER 2134 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE TO AMEND THE DEFINITION OF PARK FACILITY TO THE CODE AND TO PROHIBIT GOLFING IN CITY PARKS WHEREAS, some uses of City parks may damage the hardscape and the current definition of park facility contained in the City's Park Maintenance Code does not adequately define the structures that may be damaged; and WHEREAS, golfing in the City's crowded parks can be dangerous to park users, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4.55.020 is hereby amended to read as follows: Section 4.55.020 Definitions. As used in this Chapter, the following words and phrases shall have the following meanings: 1 I I ..-."" ,i i "Department" shall mean the Department of Community and Cultural Services. "Director" shall mean the Director of the Department of Community and Cultural Services. "Litter" means any abandoned, discarded substance including, but not limited to: garbage, refuse, rubbish, abandoned and inoperable household appliances, discarded packaging or containers, discarded building, plumbing or construction material, unless pursuant to construction operations, lighted or non lighted cigarettes, cigars, matches or any flaming or smoldering material, and all other waste matter which, if thrown or deposited as prohibited herein, may be detrimental to public health, safety and welfare. "Park" and "parks" shall mean and include the following parks in the City: Ashland (Sunset/Ashland Park) Park, Beach Park #1, Beach Park #4, Barnard Way Linear Park, Clover Park, Crescent Bay Park, Douglas Park, Goose Egg Park, Hotchkiss (Mary Hotchkiss Park) Park, Joslyn Park, Christine Emerson Reed Park, Marine Park, Memorial Park, Ocean View Park, Ozone Park, Pacific Street Park, Palisades Park, Park Drive Park, Schader Park, South Beach Park, Stewart Street Park, Virginia Avenue Park and I 2 I any City-owned landscaped open space in the Civic Center area. "Park facility" and "park facilities" shall mean any building, structure, recreational facility, table, bench, fence, monument, equipment, apparatus, walkway, wall, curb, rail, fountain, statue or other City property located in a park. "Park foliage" shall mean any tree, hedge, bush, shrub, plant, flower, grass or foliage in any park. SECTION 2.Section 4.55.045 is hereby added to the Santa Monica Municipal Code to read as follows: Section 4.55.045. Golfing in parks prohibited. No person shall hit a ball with a golf club in a City park. SECTION 3. 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 4. 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 3 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 5. 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: 'i 1I1iL4 ~'(4 flI~ MARSHA ~ ES MOUTRIE City Attorn ' 4 Approved and adopted this 3rd day of August, 2004. ~~r 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. 2134 (CCS) had its introduction on July 27,2004, and was adopted at the Santa Monica City Council meeting held on August 3, 2004, by the following vote: Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Katz, Holbrook, Genser, Feinstein Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor ATTEST: - ~.~.. \.u ~L~k Maria M. Stewart, City lerk 5 ~