Note: Prior ordinance history: Ord. No. 1749CCS, adopted 6/21/94; Ord. No. 1890CCS, adopted 11/11/97; Ord. No. 2008CCS, adopted 5/8/01; Ord. No. 2070CCS, adopted 9/27/05; Ord. No. 2095CCS, adopted 9/9/03; Ord. No. 2134CCS, adopted 8/3/04; Ord. No. 2230CCS, adopted 5/22/07; Ord. No. 2335CCS, adopted 12/14/10; and Ord. No. 2379CCS, adopted 11/8/11.
In order to maintain the City's parks, beaches, aquatic facilities, and Interim Airport Open Space, preserve and protect recreational facilities and foliage, ensure their availability as a shared resource to all members of the public, promote the safety and welfare of users, and minimize conflicts between uses, this Chapter sets forth standards for the utilization and maintenance of parks, beaches, Interim Airport Open Space, and aquatic facilities. This Chapter may be referred to as the Park and Beach Code.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2534CCS § 2, adopted 1/24/17; Ord. No. 2598CCS § 1, adopted 1/8/19)
As used in this Chapter, the following words and phrases shall have the following meanings:
"Aquatic facilities"
shall mean and refer to facilities that are owned or operated by the City and that are open to the public for aquatic activities, including, but not limited to, the Santa Monica Swim Center located at 2225 16th Street and Annenberg Community Beach House located at 415 Pacific Coast Hwy, Santa Monica.
"Beach facility"
shall mean any building, structure, recreational facility, parking facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall, curb, rail, fountain, statue or other City property located on the beach.
"City park parking lot"
shall mean the parking lots within the following designated City parks:
(a) 
Clover Park, located at 2600 Ocean Park Blvd, Santa Monica;
(b) 
Gandara Park, located at 1819 Stewart Street, Santa Monica;
(c) 
Marine Park, located at 1406 Marine Street, Santa Monica;
(d) 
Virginia Avenue Park, located at 2200 Virginia Ave, Santa Monica;
(e) 
Memorial Park, located at 1401 Olympic Blvd, Santa Monica;
(f) 
Airport Park, located at 3201 Airport Ave, Santa Monica; and
(g) 
Any other parking lot established as a City park parking lot by the City Council.
"Compensation"
shall mean payment for work or services performed, by salary, wages, commission, or otherwise, including the giving of goods as remuneration.
"Department"
shall mean the Department of Community Services.
"Director"
shall mean the Director of the Department of Community Services.
"Interim airport open space"
shall mean and refer to an approximately six-acre parcel located southeast of the Santa Monica Airport Administration Building and at the Santa Monica Airport.
"Litter"
means any abandoned, discarded substance including, but not limited to: garbage, refuse, rubbish, abandoned and inoperable household appliances, discarded packaging or containers, discarded building, plumbing or construction material, unless pursuant to construction operations, lighted or nonlighted cigarettes, cigars, matches or any flaming or smoldering material, and all other waste matter which, if thrown or deposited as prohibited herein, may be detrimental to public health, safety and welfare.
"Park"
shall mean and include the following parks in the City: Airport Park, Ashland (Sunset/Ashland Park) Park, Beach Green, Beach Park #1, Beach Park #4, Barnard Way Linear Park, Chess Park, Clover Park, Crescent Bay Park, Douglas Park, Euclid Park, Gandara Park, Goose Egg Park, Historic Belmar Park, Hotchkiss (Mary Hotchkiss) Park, Ishihara Park, Joslyn Park, Christine Emerson Reed Park, Ken Genser Square, Marine Park, Memorial Park, Ocean Park Green Space, Ocean View Park, Ozone Park, Pacific Street Park, Palisades Park, Park Drive Park, Schader Park, South Beach Park, Tongva Park, Virginia Avenue Park, and any City-owned landscaped open space in the Civic Center area, and any other area established as a park by the City Council.
"Park facility"
shall mean any building, structure, parking facility, recreational facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall, curb, rail, fountain, statue or other City property located in a City park.
"Park foliage"
shall mean any tree, hedge, bush, shrub, plant, flower, grass, or foliage or turf in any park.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2441CCS § 1, adopted 10/22/13; Ord. No. 2534CCS § 3, adopted 1/24/17; Ord. No. 2591CCS § 1, adopted 11/13/18; Ord. No. 2598CCS § 2, adopted 1/8/19; Ord. No. 2647CCS § 1, adopted 9/8/20)
(a) 
It shall be unlawful for any person to provide fitness or athletic instruction, class or camp for compensation without City authorization in any City park or the beach.
(b) 
The Director may promulgate regulations implementing this Section, addressing the authorization system, permit types, requirements and methods of issuance, indemnification and proof of insurance, limits on locations, hours and group size restriction and other regulations as needed, to implement this authorization system. Those regulations shall ensure that City parks and the beach remain shared public resources and that opportunities to use the parks and the beach for commercial purposes are fairly allocated.
(c) 
No permit or other authorization for fitness or athletic instruction, class or camp for compensation shall be issued for Ashland Park, Beach Park #4, Chess Park, Euclid Park, Goose Egg Park, Joslyn Park, Ken Genser Square, Muscle Beach Park, Ozone Park, Pacific Street Park, Park Drive Park, Schader Park or any other park if the Director finds commercial fitness or athletic activity to be incompatible with the public use of the park. No permit or other authorization shall be issued authorizing fitness or athletic instruction, class or camp for compensation in Palisades Park on Sundays.
(d) 
The holder of any permit issued pursuant to this Section shall pay the City a permit fee and a use charge, both which shall be set by City Council resolution.
(e) 
Those authorized to provide commercial fitness or athletic instruction, classes or camps must comply with all applicable Federal, State, and City laws, rules and regulations, including those governing the operation of a business in Santa Monica.
(f) 
This section shall not be construed to limit the City's ability to conduct activities, including, but not limited to, fitness or athletic instructions, classes or camps, in City parks or on the beach.
(Added by Ord. No. 2441CCS § 2, adopted 10/22/13)
(a) 
No person shall destroy, cut, break, remove, alter, deface, damage, write upon, or hang or post upon any beach or park facility or park foliage, except as authorized by the City.
(b) 
No person shall place any object in any shrub, bush, hedge or tree, or among any plants or flowers in any park, except as authorized by the City. This subsection does not prohibit placing any object upon park grass which does not damage the grass.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall hit a ball with a golf club in a City park or beach.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall block, impede or obstruct, or leave or cause to be left, anything so as to block, impede or obstruct, any beach or park pathway, sidewalk, recreational court or facility, or any entrance, exit or approach to any park building, structure, or recreational court or facility, except as authorized by the City.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
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) 
Other displays or installations authorized by a community event permit issued by the City.
Persons displaying or installing pursuant to the exemptions in subsection (b) of this Section 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.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2401CCS § 1, adopted 6/26/12)
(a) 
No person shall ride, operate, drive or park any electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, or other vehicle, or ride, drive or lead any beast of burden over and upon the beach or in any City park.
(b) 
This Section shall not apply to the following:
(1) 
Any person operating, driving or parking any electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, or other vehicle within any designated parking facility during the hours that the facility is open to be public;
(2) 
City employees or City contractors authorized to operate electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, or other vehicles upon the beach and/or in City parks in order to provide public safety, maintenance or other essential City services; and
(3) 
Persons authorized by the City to operate electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low speed vehicles, motorized scooters or other vehicles upon the beach and/or in City parks in support of a City produced event, or pursuant to a permit issued by the City, which ensures the protection of public safety and adjacent private and public properties; or
(4) 
Any person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2587CCS § 2, adopted 9/11/18)
No person shall leave, with intent to abandon, any property or food in any park or beach, except in City-authorized trash receptacles.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall dispose of or donate any food, clothing or property by depositing or leaving it unattended in a City park or beach or on an adjacent City sidewalk or parkway.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall interfere with or hinder any City employee engaged in maintenance or repair of any beach, beach facility, park or park facility. No person shall enter any beach area, beach facility, park, park area or park facility which is barricaded or fenced for maintenance or repair without City authorization.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
The following activities shall be deemed to be fire hazards and are prohibited in all parks and beaches:
(a) 
Making, kindling or using a fire, barbecue or portable stove, or burning charcoal, except upon a masonry or concrete hearth, barbeque grills, or fire circle provided by the City for such purpose. The prohibition contained in this subsection shall not apply to City-produced events that receive a community event permit pursuant to Chapter 4.68 authorizing a fire, barbecue or portable stove or burning charcoal.
(b) 
Storing flammable materials or combustible waste matter, as those terms are defined in the Fire Code, within ten feet of a building or structure, or beneath a building or structure.
(c) 
Discarding any lighted match, cigarette, cigar, or other burning object in a manner that could cause ignition of flammable materials or combustible waste matter.
(d) 
Undertaking any activity in a park or beach area which constitutes a violation of the California Fire Code as adopted at Section 8.40.010, or which constitutes an imminent and immediate danger to persons or property in the judgment of authorized Fire Department personnel.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
(a) 
No person shall operate any model plane in any park, playground, beach, beach parking lot or public recreation area.
(b) 
No person shall operate any model car, truck or vehicle in any beach parking lot.
(c) 
For purposes of this Section, the following definitions shall apply:
(1) 
"Beach parking" includes all roadways providing access to or connecting beach parking lots.
(2) 
"Model plane" means any device that flies, whether uncontrolled or controlled by radio, wire, or string, and is powered by internal combustion, electricity, gasoline, or any other type of fuel, and any device that flies by whatever means weighing more than eight ounces.
(3) 
"Model vehicle" means any model vehicle controlled by radio or wire and powered by internal combustion, electricity, gasoline, battery, or other type of fuel or power.
(d) 
This Section shall not apply to models in any area designated by the City for the use of such models if the person using the model is in compliance with posted rules governing the use of the designated area.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
(a) 
No person shall enter, remain or be present in a City of Santa Monica park when that park is closed.
(b) 
Except as otherwise provided in this Section, all City parks are closed between the hours of eleven p.m. and six a.m.
(c) 
Palisades Park is closed between the hours of twelve midnight and five a.m.
(d) 
Chess Park is closed between sunset and sunrise.
(e) 
This Section shall not apply to:
(1) 
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; or
(2) 
Any person present within a park pursuant to authorization from the City; or
(3) 
Historic Belmar Park, Ken Genser Square or any other City-owned landscaped open space in the Civic Center area, as closure hours for these public spaces are governed by laws regulating Civic Center Grounds; or
(4) 
Any person present in a City Park Parking Lot who is: (i) parking or unparking a registered electric vehicle at a City-designated electric vehicle charging station; (ii) plugging or unplugging a registered electric vehicle into a City-designated electric vehicle charging station; (iii) departing from, after parking, or returning to, for unparking, a registered electric vehicle at a City-designated electric vehicle charging station; or (iv) accompanying a person engaged in any activity described in (i), (ii), or (iii) of this paragraph.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2441CCS § 3, adopted 10/22/13; Ord. No. 2591CCS § 2, adopted 11/13/18; Ord. No. 2647CCS § 2, adopted 9/8/20)
No person shall use the equipment/apparatus at Muscle Beach or the chess tables/chess pieces at Chess Park after sunset and before sunrise.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
(a) 
No person shall place any equipment or object used for fitness or athletic activity weighing more than twenty-five pounds within any City park without prior authorization by the Director. This prohibition shall not be applicable at Airport Park, Clover Park, Historic Belmar Park, and Reed Park.
(b) 
The Director shall authorize the use of the requested equipment, with conditions, if he or she determines that the proposed use of such equipment:
(1) 
Is consistent with this Chapter;
(2) 
Will not damage public property;
(3) 
Will not interfere with the public's use and enjoyment of the park; and
(4) 
Will not interfere with the normal operations of the park.
(Added by Ord. No. 2441CCS § 4, adopted 10/22/13; Ord. No. 2647CCS § 3, adopted 9/8/20)
Any personal property left in any park at any time when the park is closed shall be subject to immediate removal pursuant to Sections 2.32.200 et seq.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No adult shall be present on any City park playground, unless the adult is accompanying a child or children, lawfully under his or her custody or control, using such playground.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall provide tennis instruction, training, or coaching for compensation within any City park without a City business license and a contract or permit, issued by the City, authorizing use of the public courts and which ensures that the applicant complies with applicable local laws.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall be present in any closed beach area in violation of any posted sign indicating such closure.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall willfully fail or refuse to comply with any lawful order, signal, or direction given by a member of the Los Angeles County Lifeguard Service who is wearing a lifeguard's badge or insignia and acting in the course of his or her duties to enforce a requirement of this Code or to preserve water or beach safety.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
Camps, clubs, schools, churches, and other organized groups must have a beach/water activity permit issued by the City when more than twenty persons will be entering the water. Permits for on-going use (groups that use the beach more than once a week) at specified areas of the beach shall be issued on a priority basis first to City-operated or City-contracted programs. Other permits or authorizations shall be granted on a competitive basis such as a request for proposal process. Permits for occasional use (groups that use the beach once a week or less) shall be issued on a first-come, first-served basis. A fee may be charged to cover costs arising from administering the permit system, and other costs arising from group beach and water activities. A beach/water activity permit will not be required if a group has a community events permit. If the water/beach activity includes surf instruction for compensation, the provisions of Section 4.55.230 apply.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2598CCS § 3, adopted 1/8/19)
No person shall swim in any area that has been posted as a "No Swimming" area.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
(a) 
It is unlawful for any person to:
(1) 
Use a surfboard in any area that has been posted as a "No Surfing" area;
(2) 
Provide surfing instruction, training, or coaching for compensation without City authorization.
(b) 
The Director may promulgate regulations implementing this section, limiting opportunities for commercial use of the beach for surf instruction, and establishing a process or processes for allocating such opportunities. Those regulations shall ensure that the beach and the surf remain a shared public resource, that the natural beauty of the beach is preserved, that the beach remains available for both active and passive recreation and respite, that public safety is protected, that opportunities to use the beach or surf for commercial purposes are fairly allocated, that opportunities for surfing lessons are maximized for all segments of the community, including persons of all ages and economic groups, and that instructional opportunities are diverse, including private instruction and classes of various sizes.
(c) 
Authorization shall be prioritized as follows:
(1) 
First priority shall go to City-operated or City-contracted programs.
(2) 
Second priority shall go to accredited educational institutions providing surf instruction for school credits.
(3) 
Other authorizations shall be issued on a competitive basis such as a request for proposal process.
(d) 
Commercial for-profit enterprises shall pay the City a fee, which shall be set by Council resolution in an amount sufficient to cover the cost of administering the authorization system, and a charge consisting of a percentage of gross receipts.
(e) 
Those authorized to provide surf instruction must comply with all applicable Federal, State, and City laws, rules and regulations, including those governing the operation of a business in Santa Monica.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall erect, place or maintain any tent or other temporary housing or shelter which is closed or capable of being closed more than fifty percent from the ground up, upon any public beach. It is the intent and purpose of this restriction to secure a clear and unobstructed vision by the public into said tent or shelter from the ground line up to the roof line around at least fifty percent of the sides or circumference of the ground line and roof line of said tent or shelter.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
No person shall possess or use any glass container upon any public beach.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
(a) 
The Director may promulgate rules and regulations implementing the provisions of this Chapter to regulate parks, beach, Interim Airport Open Space, and aquatic facilities. No person shall violate any such rules and regulations.
(b) 
The Director may authorize exceptions to this Chapter or to any implementing regulations for the purpose of coping with an emergency as defined in Section 2.16.020.
(c) 
Rules and regulations for the use of aquatic facilities shall be posted on the premises in a conspicuous location.
(d) 
Any person who has violated any rule or regulation for the use of aquatic facilities may be required by an authorized representative of the City to leave the facility immediately and may be subject to the suspension of his or her visitation privileges for a period not to exceed one year. No person shall fail to comply with such a lawful directive from the City.
(e) 
Any person subject to suspension of his or her visitation privileges, as authorized by subsection (d) above, may appeal the suspension to a Hearing Officer pursuant to procedures set forth in Section 4.55.430. Unless otherwise ordered by the Hearing Officer or by a Court of competent jurisdiction, a suspension under subsection (d) remains in effect during the pendency of any administrative or judicial appeal.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2534CCS § 4, adopted 1/24/17; Ord. No. 2598CCS § 4, adopted 1/8/19; Ord. No. 2647CCS § 4, adopted 9/8/20)
Nothing in this Chapter limits the authority of the City to grant exemptions from certain provisions within this Chapter to:
(a) 
Permit community events as authorized pursuant to Chapter 4.68 of this Code or filming activities as authorized pursuant to Chapter 6.110 of this Code; or
(b) 
Authorize City employees or City contractors to operate within the beach and/or the parks in order to provide public safety, maintenance or other essential City services.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12)
(a) 
Unless otherwise specifically provided, any person violating any provision of this Chapter shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment, or shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars.
(b) 
In addition, in any case involving the destruction, defacing, removal or injury to any park facility or park foliage the court may require restitution in an amount necessary to reimburse the Department for investigative costs and for the value of the item or material destroyed, defaced, removed or damaged as well as any labor expended to replant or restore the area, item or material affected.
(c) 
Any person violating any provision of this Chapter or any rule or regulation may be subject to administrative citations pursuant to Chapter 1.09 of this Code.
(d) 
The City may revoke, suspend or deny the issuance of a permit pursuant to this Chapter, if the permit holder or applicant has violated applicable Federal, State, or City laws, or rules or regulations. Any revocation, suspension or denial decision is appealable to a Hearing Examiner pursuant to Chapter 6.16 of this Code.
(Amended by Ord. No. 2398CCS § 2, adopted 4/24/12; Ord. No. 2441CCS § 5, adopted 10/22/13)
(a) 
Any person subject to suspension of his or her visitation privileges, pursuant to Section 4.55.400(d) of this Code, may appeal the suspension to a City Hearing Officer by completing an appeal form, stating the basis of the appeal, and returning it to the City Clerk's office within seven business days of the start of the suspension.
(b) 
The Hearing Officer shall be appointed in accordance with the procedures set forth in Section 1.10.050 and Administrative Regulations promulgated pursuant to Section 1.14.030.
(c) 
City staff shall submit a written report concerning the suspension to the Hearing Officer, with a copy to the person requesting the hearing, within five business days of the City's receipt of the request for appeal. The Hearing Officer may request additional written or oral information from City staff or the recipient of the suspension prior to issuing a written decision.
(d) 
The Hearing Officer shall render a written decision within thirty business days of the City's receipt of the request for appeal. The Hearing Officer may extend this thirty-day period, in writing, in order to gather and consider additional evidence.
(e) 
Any person directly aggrieved by an administrative decision of a Hearing Officer may obtain review of the administrative decision by filing a petition for review with the Superior Court in Los Angeles County.
(Added by Ord. No. 2598CCS § 5, adopted 1/8/19)