O2170
F:atty\muni\Jaws\mjm\parkstructures-12d.doc
City Council Meeting 9-27-05 Santa Monica, California
ORDINANCE NUMBER 2170 (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
RELATING TO THE ERECTION OF UNATTENDED STRUCTURES IN PALISADES
PARK
WHEREAS, in order to ensure that scarce recreational spaces remain available
to all for shared use, the installation of unattended displays is prohibited in City parks;
and
. WHEREAS, this prohibition has an exception which allows displays in a
designated strip of Palisades Park for one month during winter when park usage is
relatively low; and
WHEREAS, this exception allows individuals and groups to express themselves
through installations without regard to the expression's content, which is not regulated;
and
WHEREAS, the City has received requests to extend the display period to allow
extra time for installation and removal; and
WHEREAS, some installations relate to celebrations and certain celebrations
may extend into early January or may begin in November,
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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. The following are exempt from this
prohibition:
(a) City structures and installations;
(b) Unattended installations or unattended displays
in Palisades Park adjacent to Ocean Avenue from November
2ih through January 4th in an area designated by City
Council resolution; and
(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
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and irrespective of the identity of the person or persons
responsible for the display or installation.
Persons displaying or installing pursuant to
exemptions (0) 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 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
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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 27th day of September, 2005.
l
O~ -
Pam O'Connor, 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. 2170 (CCS) had its introduction on September 13, 2005, and
was adopted at the Santa Monica City Council meeting held on September 27, 2005, by
the following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tern Katz, Bloom,
Genser, Holbrook, McKeown
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Shriver
ATTEST:
'II.:< ~J.-~L'>~.~
Maria M. Stewart, ity Clerk
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