ITEM 8-A
City Council Meeting 7-20-93 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Adding Sections to Chapter 4.08 of the
Santa Monica Municipal Code to Establish Parks
Closure
At its meeting on June 13, 1993, the City Council
introduced for first reading an ordinance adding sections to
Chapter 4.08 of the Santa Monica Municipal Code to establish
closure of parks between the hours of 12:00 a.m. and 5:00 a.m.
The ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Joseph Lawrence, Acting City Attorney
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
ADDING SECTIONS TO CHAPTER 4.08 OF THE
SANTA MONICA MUNICIPAL CODE TO ESTABLISH PARKS CLOSURE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 4.08 of the Santa Monica Municipal
Code is amended to read as follows:
Section 4.08.091 Park Closure.
(a) No person shall enter or remain in
any of the following City of Santa Monica
parks between the hours of 12 a.m. and 5 a.m.:
1. Ashland Park
2. Beach Park #1
3. Beach Park #4
(Lifeguard Headquarters)
4. Clover Park
5. Crescent Bay Bank
6. Douglas Park
7. Hotchkiss Park
8. Joslyn Park
9. Lincoln Park
10. Los Amigos park
11. Marine Park
12. Memorial Park
13. Ocean View Park
14. Ozone Park
15. Pacific Street Park
16. Palisades Park
17. Park Drive Park
18. Schader Park
19. Stewart Street Park
20. Virginia Avenue Park
(b) This section shall not apply to any
public sidewalk immediately adjacent to any
public street or highway, or to any street or
highway which traverses any park, including
the Santa Monica Municipal Pier access road or
walkway and any portion of California Avenue.
(c) Any person present in any park
during hours when the park is closed may be
stopped and questioned by any law enforcement
officer to determine whether or not such
person is in compliance with this Ordinance.
Section 4.08.092 Exceptions.
This Ordinance shall not apply to any
person present in any park:
(a) When the presence of the person in
the park is necessary so that the person can
travel to his/her residence.
(b) When the presence of the person in
the park is required with respect to the
person's lawful business, trade, profession,
occupation or employment.
(c) When the presence of the person in
the park is necessary so that the person can
travel to or from a lawful public meeting or
place of worship.
(d) When the presence of the person in
the park is necessary so that the person can
enter or otherwise gain access to a vehicle,
including a car or a bus.
(e) When the presence of the person in
the park is connected with an activity which
is authorized or permitted by the City of
Santa Monica.
(f) When the presence of the person in
the park is governed by Santa Monica Municipal
Code Section 4.08.090.
Section 4.08.093 Penalties.
Any person violating the provisions of
this Ordinance shall be guilty of a
misdemeanor and upon conviction shall be fined
an amount not to exceed $500 or imprisoned for
a period not to exceed six (6) months or both.
Section 4.08.094 Sunset Provision.
This Ordinance shall expire and be of no
further force and effect on September 1, 1994.
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:
______________________________
JOSEPH LAWRENCE
Acting City Attorney