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O2125 f:\atty\muni\laws\mjm\beachpermits-1.doc City Council Meeting 6-8-04 Santa Monica, California ORDINANCE NUMBER 2125 (CCS) (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.025 TO THE SANTA MONICA MUNICIPAL CODE REQUIRING PERMITS FOR LARGE GROUP USE OF SANTA MONICA BEACHES FOR WATER ACTIVITIES AND AMENDING SECTION 4.08.020 TO CLARIFY ITS PROVISIONS AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, numerous groups of children visit the City's beaches with camps, clubs, schools, churches, and other organized groups; and WHEREAS, such group visits may make it difficult for lifeguards to maintain water safety, particularly when more than one group uses the same area of the beach; and WHEREAS, the County of Los Angeles has established and successfully administered a permitting system for large children's groups using County beaches; and WHEREAS, the County lifeguards working in the City have requested that the City establish a similar permit requirement to preserve water safety, 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4.08.020 is hereby amended to read as follows: Section 4.08.020 Beaches, obedience of lifeguards. It is unlawful to willfully fail or refuse to comply with any lawful order, signal, or direction given by a member of the Los Angeles County Lifeguard Service who is wearing a lifeguard's badge or insignia and acting in the course of his or her duties to enforce a requirement of this Code or preserve water or beach safety. SECTION 2. Section 4.08.025 is added to the Santa Monica Municipal Code to read as follows: Section 4.08.025. BeachIWater Activity Permits. Camps, clubs, schools, churches, and other organized groups including more than twenty (20) children seventeen years old or younger must have a permit issued by the Community and Cultural Services Department of the City to use the beach for water activities. Permits shall be issued on a first come, first served basis for specified areas on the beaches to make the workloads of lifeguards more 2 manageable and to ensure water safety. A fee may be charged to cover the cost of processing applications for beach permits. A beach/water activity permit will not be required if a group has a Community Events Permit. City- operated or City-contracted programs shall have permit priority for specified areas on the beaches. SECTION 3. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. As set forth in the findings above, this Ordinance is necessary for preserving the public peace, health, safety and welfare. SECTION 4. 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 5. 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. 3 SECTION 6. 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 upon its adoption. APPROVED AS TO FORM: 4 Approved and adopted this 8th day of June, 2004. ~MaYOr 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. 2125 (CCS) had its introduction and adoption at the Santa Monica City Council meeting held on June 8, 2004, by the following vote: Ayes: Council members: Mayor Bloom, Mayor Pro Tern McKeown, O'Connor, Katz, Feinstein, Genser, Holbrook Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: ~,~. o.h- Maria M. Stewart, City 5