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O-1225 e e CA:RMM:r City council Meeting 9-8-81 Santa Monica, California ORDINANCE NUMBER 1225 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 3376 OF THE SANTA MONICA MUNICIPAL CODE AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, Santa Mon1ca Municipal Code Section 3376(d) provides that "[n]o person shall stand or park a vehicle upon any street for the purpose of displaying such vehicle for sale by sign or otherwise"; and WHEREAS, in Tepper v. Keane, Los Angeles Superior Court, Case Number C 289298, the constitutionality of Santa Mon1ca Municipal Code Section was challenged; and WHEREAS, a final judgment has been entered in Tepper v. Keane enjoining the City of Santa Monica from enforcing Santa Monica Municipal Code Section 3376(d) and any subsequently enacted ordinance prohibiting the parking of an automobile on any street with a "For Sale" s1gn affixed to it without regard to time, place, and manner; and WHEREAS, public streets in the City are currently being used for the purpose of displaying and selling automobiles; and WHEREAS, the displaying and selling of automobiles on e e public streets of the City is creating traffic congestation and endangering the safety of both pedestrians and vehicle users~ and WHEREAS, public streets of the City are not appropriate places to display automobiles for sale to prospective buyers; and WHEREAS, the placement of I1For Sale" signs on vehicles is likely to cause people passing by to stop to inspect the vehicle that is being offered for sale, which is not the case with other types of advertising placed on vehicles; and WHEREAS, the displaying of automobiles on streets requires prospective buyers to enter onto the street for pur- poses of inspection~ and WHEREAS, the displaying and selling of automobiles is currently taking place in residential districts of the City by non-residents of those districts, interfering with the use and enjoyment of their homes by residents; and WHEREAS, commercial activity is restricted in the Rl, R2, R2-R, R3, and R4 districts of the City in order to preserve the residential character of these districts~ and WHEREAS, commercial activity on streets in residential districts should be restricted; and WHEREAS, injuries to persons or property may occur if immediate action is not taken to address the problem, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: -2- e e SECTION 1. Section 3376 of the Santa Monica Municipal Code is amended to read as follows: Section 3376. Unlawful park- 1ng--Peddlers, Vendors. (a) Except as otherwise pro- vided in this section, no person shall stand or park any vehicle, wag- on or pushcart from which goods, wares, merchandise, fruits, veget- ables, or foodstuffs are sold, dis- played, solicited or offered for sale, or bartered or exchanged on any street, or on any other public pro- perty, excepting only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at anyone place. The provisions of this section shall not apply to per- sons delivering any such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribut1on. (b) No person shall park, or stand on any street or on any other public property any pushcart from which tamales, peanuts, popcorn, -3- e . candy, ice cream or other articles of food are sold or offered for sale, without first obtaining a written permit to do so from the Chief of Police, who shall designate the specific location in which said cart shall stand. No pushcart shall stand or park other than between of the hours 6:30 P.M. and 2:00 P.M. of the following day on any street. (c) No person shall stand or park on any street or on any other public property any lunch, meal, or eating cart or vehicle, which has otherwise complied with the provi- sions of this Chapter, on any street without f1rst obtaining a written permit from the Chief of POlice, which permit shall designate the specific location in which such cart or vehicle shall stand. No permit shall be issued for any location or within two hundred feet of any inter- section or within two hundred feet of the nearest property line of any public school, or within five hundred -4- e e feet of any established restaurant, cafeteria, lunch counter or eating place. (d) No person shall stand or park a vehicle upon any street for the purpose of displaying such veh- icle for sale or offering for sale or selling such vehicle other than by means of sign. Any vehicle parked on any street in violation of this sub- section may be removed from the street by any peace officer. (e) In the Rl One Family Residential District and in the R2, R2-R, R3, and R4 Multiple Residential Districts, no person shall stand or park a vehicle upon any street for the purpose of displaying such a vehicle for sale by sign or other- wise. Any vehicle parked on any street in violation of this subsec- tion may be removed from the street by any peace officer. <f) Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is con- victed in any Court of competent -5- e . jurisdiction of v10lating any of the provisions of this section, such per- mit shall be forthwith revoked by the Chief of Police upon the filing of the record of such conviction with the Chief of Police, and no permit shall thereafter be issued to such person, within the period of six months from the date of such revoca- tion. SECTION 2. This ordinance is declared to be an emer- gency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter and is necessary for preserving the public peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 3. 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 affect the provisions of this ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decis10n of any court of competent jurisdict10n, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this -6- e e ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconst1tutional w1thout regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. 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. The ordinance shall become effective on the date of its adoption pursuant to Section 619 of the Santa Monica City Charter. APPROVED AS TO FORM: fl.,.(~~ . \- ROBERT M. MYERS City Attorney o -7- e e ADOPTED AND APPROVED THIS 8TH DAY OF SEPTEMBER, 1981. I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NUMBER 1225 (CCS), WAS DULY AND REGULARLY INTRODUCED AND ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 8TH DAY OF SEPTEMBER, 1981, BY THE FOLLOWING VOTE: AYES: COUNCILMEMBERS CONN, EDWARDS, JENNINGS, PRESS, REED, ZANE, AND MAYOR GOLDWAY NOES: None ABSENT: None ABSTAIN: None ATTEST: t?~~ ;7) ~ CITY CLERK