ITEM 8-C

City Council Meeting 10-17-89            Santa Monica, California

                          STAFF REPORT

TO:         Mayor and City Council

FROM:       City Attorney

SUBJECT:    Ordinance Adding Section 4203j to the Santa Monica
            Municipal Code to Restrict the Use of Remote
            Control Models in the City

      At its meeting on September  12,  1989,  the  City  Council
directed  the  City  Attorney to prepare an ordinance restricting
the use of remote control models in City parks.  In  response  to
this  direction, the accompanying ordinance has been prepared and
is presented to the City Council for its consideration.

      The accompanying ordinance adds Section 4203j to the  Santa
Monica  Municipal  Code.   This  Section  provides that no person
shall land, take off, release, or fly any remote control model in
any park, playground, beach, or public recreation area, except in
areas specifically designated by the City.

                         RECOMMENDATION

      It  is  respectfully  recommended  that  the   accompanying
ordinance be introduced for first reading.

PREPARED BY:  Robert M. Myers, City Attorney


                      ORDINANCE NUMBER ____

                      (City Council Series)

             AN ORDINANCE OF THE CITY COUNCIL OF THE
     CITY OF SANTA MONICA ADDING SECTION 4203J TO THE SANTA
          MONICA MUNICIPAL CODE TO RESTRICT THE USE OF
                REMOTE CONTROL MODELS IN THE CITY

      THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:

      SECTION 1.  Section 4203j is  added  to  the  Santa  Monica
Municipal Code to read as follows:

                  SECTION   4203j.    Remote   Control
            Models.   No  person shall land, take off,
            release, or fly any remote  control  model
            in  any park, playground, beach, or public
            recreation area.

                  For purposes of this Section, remote
            control model shall mean any motor-powered
            device that flies, whether  controlled  by
            radio, wire, or string.

                  This  Section  shall  not  apply  to
            remote   control   models   in   any  area
            designated by the  City  for  the  use  of
            remote  control models if the person using
            the remote control 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, are hereby repealed or modified to that extent necessary
to affect 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  any  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 after 30 days from its adoption.

APPROVED AS TO FORM:

ROBERT M. MYERS
City Attorney