Item 8-A

City Council Meeting 8-11-98 Santa Monica, California

TO: Mayor and City Council

FROM: City Attorney

SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3.12.590 OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW THE CITY COUNCIL, BY RESOLUTION, TO PROHIBIT OR LIMIT THE USE OF BICYCLES ON THE THIRD STREET PROMENADE ROADWAY WHEN NECESSARY FOR PUBLIC SAFETY

INTRODUCTION

At its meeting on July 28, 1998, the City Council introduced for first reading an ordinance amending Section 3.12.590 of the Santa Monica Municipal Code to allow the City Council, by resolution, to prohibit or limit the use of bicycles on the Third Street Promenade Roadway when necessary for public safety. The ordinance is now presented to the City Council for adoption.

RECOMMENDATION

It is respectfully recommended that the accompanying ordinance be adopted.

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

FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 3.12.590 is amended to read as follows:

SECTION 3.12.590 Regulation of roller skates, skateboards and similar devices with wheels on public streets and other public areas and bicycles on the Third Street Promenade roadway.

The City Council may, by resolution, adopt regulations prohibiting or limiting the use of bicycles on the Third Street Promenade roadway and the use of roller skates, skateboards and similar devices with wheels in public street rights-of-way, or sections thereof, and other public areas, or sections thereof, where necessary for public safety.

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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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 official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:

_________________________

MARSHA JONES MOUTRIE

City Attorney