ITEM 8-A

City Council Meeting  8-9-94            Santa Monica, California

TO:       Mayor and City Council

FROM:     City Attorney

SUBJECT:  Ordinance Amending Section 4.08.091 of the
          Municipal Code Relating to Park Closure Hours

INTRODUCTION

At its meeting on August 2, 1994, the City Council introduced for
first reading an ordinance amending Section 4.08.091 of the
Municipal Code relating to park closure hours.  The ordinance is
now presented to the City Council for adoption.

RECOMMENDATION

It is respectfully recommended that the accompanying ordinance be
adopted.

Prepared by:  Marsha Jones Moutrie, City Attorney


                           ORDINANCE NUMBER ____

                           (City Council Series)

                 AN ORDINANCE OF THE CITY COUNCIL OF THE
             CITY OF SANTA MONICA AMENDING SECTION 4.08.091
                    OF THE MUNICIPAL CODE RELATING TO
                           PARK CLOSURE HOURS

     WHEREAS, the Recreation and Parks Commission has recommended
that park closure hours be modified;

     WHEREAS, late night park usage interferes with neighbors'
quiet enjoyment of their residences; and

     WHEREAS, parks may be closed at 10:30 p.m. without any
substantial adverse impact upon recreational usage of parks.

     NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:

     SECTION 1.  Section 4.08.091 of the Santa Monica Municipal
Code is amended to read as follows:

          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 ten thirty p.m.
          and six a.m.:
               (1)  Ashland Park;
               (2)  Beach Park #1;
               (3)  Beach Park #4 (Lifeguard
          Headquarters);
               (4)  Clover Park;
               (5)  Crescent Bay Park;
               (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 Sections
          4.08.091 and 4.08.093. 
          
     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:

MARSHA JONES MOUTRIE
City Attorney

By____________________________
     MARTIN T. TACHIKI
     Chief Deputy City Attorney