O2780City Council Meeting: May 28, 2024 Santa Monica, California
ORDINANCE NUMBER 2780 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING MUNICIPAL CODE SECTION 3.75 TO PROHIBIT HARASSMENT OF
BICYCLISTS AND PEDESTRIANS
WHEREAS, the City of Santa Monica wants to encourage people to ride bicycles
and walk to reduce traffic congestion and improve air quality and public health; and
WHEREAS, harassment of bicyclists and pedestrians on the basis of their status
as bicyclists and pedestrians exists in the City of Santa Monica; and
WHEREAS, existing criminal and civil laws do not effectively prevent the unlawful
harassment of bicyclists and pedestrians because of their status as bicyclists and
pedestrians; and
WHEREAS, the actions of persons who deliberately harass and endanger
bicyclists and pedestrians because of their status as bicyclists and pedestrians poses
hazards to bicyclists and pedestrians and other users of the public right-of-way; and
WHEREAS, because people have a right to ride a bicycle and walk in the City of
Santa Monica and should be able to do so safely on City streets and public sidewalks, it
is against the public policy of the City of Santa Monica to harass a bicyclist or pedestrian
upon the basis of the person's status as a bicyclist or pedestrian.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.75 of the Santa Monica Municipal Code is hereby added as
follows:
§ 3.75 Prohibition of Harassment of Bicyclists and Pedestrians.
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§ 3.75.1 Definitions. The following words and phrases, whenever used in
this Section, shall be construed as defined in this Section:
Bicycle. A device upon which any person may ride, propelled exclusively by
human power or a combination of human power and electric power through
a belt, chain, or gears, and having one or more wheels.
Bicyclist. A person riding a bicycle.
Pedestrian. As defined in California Vehicle Code Section 467.
§ 3.75.2 Prohibited Activities. A person shall not do or attempt to do any of
the following:
(a) Physically assault or attempt to physically assault a Bicyclist or
Pedestrian because of, in whole or in part, the Bicyclist's or Pedestrian’s
status as a Bicyclist or Pedestrian.
(b) Threaten to physically injure a Bicyclist or Pedestrian because of, in
whole or in part, the Bicyclist or Pedestrian's status as a Bicyclist or
Pedestrian.
(c) Intentionally injure, attempt to injure, or threaten to physically injure,
either by words, vehicle, or other object, a Bicyclist or Pedestrian because
of, in whole or in part, the Bicyclist or Pedestrian's status as a Bicyclist or
Pedestrian.
(d) Intentionally distract or attempt to distract a Bicyclist or Pedestrian
because of, in whole or in part, the Bicyclist or Pedestrian's status as a
Bicyclist or Pedestrian.
(e) Intentionally force or attempt to force a Bicyclist or Pedestrian off a
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street, bicycle lane, path, or public sidewalk for purposes unrelated to public
safety.
§ 3.75.3 Remedies.
(a) Any aggrieved person may enforce the provisions of this Section by
means of a civil lawsuit.
(b) Any person who violates the provisions of this Section shall be liable
for treble the actual damages with regard to each and every such violation,
or $1,000, whichever is greater, and shall be liable for reasonable attorneys'
fees and costs of litigation. In addition, a jury or a court may award punitive
damages where warranted.
(c) Violations of any of the provisions of this Section shall not constitute
a misdemeanor or infraction, except where such actions, independently of
this Section, constitute a misdemeanor or infraction.
(d) The remedies provided by the provisions of this Section are in
addition to all other remedies provided by law, and nothing in this Section
shall preclude any aggrieved person from pursuing any other remedy
provided by law.
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 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
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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.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Approved and adopted this 28th day of May, 2024.
_____________________________
Phil Brock, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Nikima S. Newsome, Interim City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2780 (CCS) had its introduction
on May 14, 2024, and was adopted at the Santa Monica City Council meeting
held on May 28, 2024, by the following vote:
AYES: Councilmembers Davis, de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Brock, Mayor Pro Tem Negrete
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Nikima S. Newsome, Interim City Clerk Date
A summary of Ordinance No. 2780 (CCS) was duly published pursuant to
California Government Code Section 40806.
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5/29/2024