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O1554 .~t - . CA:RMM:asordncejhpw city council Meeting 10-23-90 Santa Monica, California ORDINANCE NUMBER 1554{CCS> (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 5500, 5501, 5502, 5503, 5504, 5505, 5507, 5509, 5510, 5515, AND 5517 AND ADDING SECTIONS 5510.1 AND 5521 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO HAZARDOUS MATERIAL RELEASE RESPONSE PLANS AND INVENTORY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1 : Santa Monica Municipal Code Section 5500 is amended to read as follows: SECTION 5500: Findings and Purpose. The city council of the City of Santa Monica finds and declares as follows: In order to protect the public health and safety and the environment, it is necessary to establish business and area plans relating to the handling and release or threatened release of hazardous materials. The information provided by business and area plans is necessary in order to prevent or mitigate the damage to the health and safety of persons and the environment from the release or threatened release of hazardous materials into the - 1 - >! e . workplace and environment. To this end, it is the intention of the city of Santa Monica in passing this ordinance to fully implement, and where appropriate enhance all standards established by applicable state and federal laws and regulations so as to establish within the City effective plans for the reporting and handling of hazardous materials. SECTION 2. Santa Monica Municipal Code Section 5501 is amended to read as follows: SECTION 5501. Da~init1ons. For purposes of this Chapter, the following words or phrases shall have the following meanings: (a) Abbreviat.ed Business Plan. A plan as specified by the Director of General Services which must be filed by businesses which do not meet the thresholds of section 5503(a). (b) Area Plan. The plan established pursuant to section 5502 by the Department for emergency response to a release or threatened release of a hazardous material within the city. (e) Business. An employer, self-employed individual, trust, firm, - 2 - e e organization, joint stock company, corporation, partnership, association or any other entity whether organized for profit or nonprofit, including, without limitation, governmental entities and agencies, schools, universities, and special districts. (d) Business Plan. A separate plan for each facility, site, or branch of a business which meets the requirements of Section 5504. (e) Chemical Abstract Service Registry NQ~~er. A numeric designation assigned by the American Chemical society's Chemical Abstract Service which uniquely identifies a specific chemical compound. (f) Chemical Name. The scientific designation of a material in accordance wi th the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the chemical Abstracts Service. (g) Common Hame. Any designation or identification, such as a code name, code number, trade name, or brand name, used to identify a material other than by its chemical name. - 3 - e e (h) Consuaer Quantity. The volume and type of hazardous materials associated with use in non-commercial activities, and commonly available to the general public in consumer packages in retail outlets. (i) Department. The Department of General services. The Department is the administrating agency within the meaning of Health and Safety Code Section 25502 (e), designated by the City of Santa Monica to coordinate and administer this Chapter. (j) Dun and Bradstreet Number. The unique nine-digit number assigned by Dun and Bradstreet corporation to identify an individual business. (k) Emergency Coordinator. The individual (s) designated by a business to handle all reports of releases and implementation of the business plan pursuant to Section 5507. (1) Emerqency Rescue Personnel. Any public employee, including, but not limited to, any firefighter, or emergency rescue personnel, as defined in Penal Code Section 245.1, who responds to any condition caused, in whole or in part, by a hazardous material that jeopardizes, or - 4 - e e could jeopardize, public health or safety or the environment. (m) Extremely Hazardous Haterial. Any material listed as an extremely hazardous material in Appendix A to Title 40 of the Code of Federal Regulations, Part 355 or an acutely hazardous material, as defined in Health and Safety Code section 25532. (n) Fire Department. The Fire Department of the city of Santa Monica. The Fire Department has certain inspection and enforcement responsibilities under this Chapter. (0) Hand.le. To use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material in any fashion. However, for purposes of the inventory requirements of this Chapter, "store" does not include the storage of hazardous materials which are in transit or which are temporarily maintained in a fixed facility for a period of less than 30 days during the course of transportation. (p) Randler_ Any business which handles a hazardous material_ - 5 - e e (q) Hazardous Material. Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. This includes, but is not limited to, hazardous substances, hazardous waste, and any material which a handler or the Department has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (r) Hazardous Substance. Any substance or chemical product for which one of the following applies: (1) The manufacturer or producer is required to prepare a Material Safety Data Sheet (MSDS) for the material or product pursuant to the Hazardous Substances Information and Training Act (Chapter 2.5 (commencing with section 6306) of Part 1 of Division 5 of the Labor Code) or pursuant to any applicable federal law or regulation. - 6 - e e (2) The substance is listed as a radioactive substance in Appendix B of chapter 1 of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission. (3) The hazardous materials or substances listed in Parts 172 and 173 of Title 49 of the Code of Federal Regulations. (4) subdivision (b) 6382. The of materials listed in Labor Code section (5) The material is listed in Section 25316 of the California Health and Safety Code. (6) The material is listed as a legal carcinogen from the California Code of Regulations, Title 8, Subchapter 7, Group 16 or the list developed by the United states Department of Health and Human services on its Second Annual Report on Carcinogens. (7) The material is classified as a pesticide by the Director of the Department of Food and Agriculture. - 7 - e e (8) by the EPA pollutants. The material is classified as a priority organic (9) The material is listed as an extremely hazardous material in Part 300 of Title 40 of the Code of Federal Regulations. (10) The material is an acutely hazardous material as defined in Health and Safety Code section 25532, subdivision (a) . (s) Hazardous Waste. Hazardous Waste as defined in Sections 25115, 25117, and 25316 of the Health and Safety Code. (t) Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency. (u) Risk Hanaqement and Prevention Program. All of the administrative and operational programs of a business which are designed to prevent extremely hazardous material accident risks, including, but not limited to, programs which design safety of new and existing equipment, standard operating procedures, - 8 - e e preventive maintenance programs, operator training, accident investigation procedures, risk assessment for unit operations or operating alternatives, emergency response planning, and internal or external audit procedures to ensure that these programs are being executed as planned. (v) sensitive Facility. Schools, general acute care hospitals, long-term health care facilities, and any other facility determined to be sensitive by the Director of General Services. (w) src Code. The identification number assigned by the Standard Industrial Classification Code to specific types of businesses. (x) significant Release. A condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or the environment. (y) Threatened Significant. Release. A condition creating a substantial probability of harm when the probability - 9 - e e and potential extent reasonably necessary action to prevent, reduce, damages to persons, environment. of to harm take make it immediate or mitigate or the property, ( z) Trade Secre~. Trade secret as defined in subdivision (d) of Government Code section 6254.7 and Evidence Code Section 1060. SECTION 3. Santa Monica Municipal Code section 5502 is amended to read as follows: SECTION 5502. Business and Area plans. (a) All business plans and the area plan shall meet the minimum standards adopted by the State Off ice of Emergency services and the minimum standards established by the Federal Super Fund Amendments and Reauthorization Act of 1986, Title 3, and any subsequent amendments thereto. (b) The Department shall establish the area plan for emergency response to release or threatened release of a hazardous material within its jurisdiction. The area plan is not a - 10 - e e statute, ordinance, or regulation for purposes of Evidence Code Section 669. (c) The Department shall submit to the state Office of Emergency Services for review a copy of the proposed area plan within 180 days after adoption of regulations by the state Office of Emergency Services establishing area plan standards. The Department shall within 45 days after the state Office of Emergency Services has notified the Department as to whether the area plan is adequate and meets the area plan standards submit a corrected area plan if required. The Department shall certify to the State Office of Emergency Services every three years that it has conducted a complete review of its area plan and has made any necessary revisions. Any time the Department makes any substantial changes to the area plan, it shall forward the changes to the state Off ice of Emergency Services within 14 days after the changes have been made. (d) The Department shall submit to the state Office of Emergency services, along with its Area Plan, both the fOllowing: - 11 - e e (1) The basic provisions of a plan to conduct ousite inspections of businesses sUbject to this Chapter by either the Department, the Fire Department or other designated entity. These inspections shall ensure compliance with this Chapter and shall identify existing safety hazards that could cause or contribute to a release or suggest preventative measures designed to minimize the risk of the release of hazardous material into the workplace or environment. The requirements of this paragraph do not alter or affect the immunity provided a public entity pursuant to Government Code section 818.6. (2) A plan to institute a data management system which will assist in the efficient access to and utilization of information collected under this Chapter. This data management shall be in operation within two years after the business plans are required to be submitted to the Department pursuant to section 5505. SECTION 4. Santa Monica Municipal Code section 5503 is amended to read as follows: - 12 - e e SECTION 5503. Businesses Required to Prepare Plans. (a) Any business, except as provided in sUbdivision (e), which handles any hazardous material or mixture containing any hazardous material which singularly or in combination with other hazardous material, equal or exceed an aggregate weight of 500 pounds, or an aggregate volume of 55 gallons, or 200 cubic feet at standard temperature and pressure for compressed gas, shall establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance wi th the standards in the regulations adopted by the state Office of Emergency Services. Any business which handles hazardous waste shall meet the requirements of this Section regardless of the quantity of such waste handled. (b) Any business, except as provided in subdivision (c), which handles any hazardous material or mixture containing any hazardous material, which singularly or in combination are less than an aggregate weight of 500 pounds, or an aggregate volume of 55 gallons, or 200 - 13 - e e cubic feet at standard temperature and pressure for compressed gas, but greater than consumer quantity, shall establish and implement an abbreviated business plan, as defined in Section 5501. (c) Except for the handlers of hazardous waste, the following are exempt from the Chapter. (1) Hazardous material contained solely in a consumer product for direct distribution to, and use by, the general public is exempt from the business plan requirements of this Chapter unless the Department has found, and has provided notice to the business handling the product, that the handling of certain quantities of the product requires the submission of a business plan, or any portion thereof, in response to public health, safety, or environmental concerns. (2) In addition to the authori ty specified in paragraph ( 4), the Department may, in exceptional circumstances, following notice and public hearing, exempt from the inventory provisions of this Chapter any hazardous material specified in subdivision (j) of Section 5501, if the Department finds that - 14 - e e the hazardous material would not pose a present or potential danger to the environment or to human health and safety if the hazardous material was released into the environment. The Department shall specify in writing the basis for granting any exemption under this paragraph. The Department shall send a notice to the state Office of Emergency Services within five days of the effective date of any exemption granted pursuant to this paragraph. ( 3 ) The Department, upon appl ication by a handler, may, exempt a handler under the conditions it deems proper from any portion of the business plan upon a written finding that the exemption would not pose a significant present or potential hazard to human health or safety or to the environment or affect the ability of the Department and emergency rescue personnel to effectively respond to the release of a hazardoUS material, and that there are unusual circumstances justifying this exemption. The Department shall specifY in writing the basis for any exemption under this paragraph. - 15 - e e (4) The Department upon application by a handler may exempt a hazardous material from the inventory provisions of this Chapter upon proof that the material does not pose a significant present or potential hazard to human health and safety or to the environment if released into the workplace or environment. The Department shall specify in writing the basis for any exemption under this paragraph. (d) The Department shall provide all information obtained from completed inventory forms upon request, to emergency rescue personnel on a 24-hour basis. (~) The Department shall adopt procedures to provide for public input when approving any appl ications submitted pursuant to paragraph (3) or (4) of subdivision (~). SECTION 5. Santa Monica Municipal Code Section 5504 is amended to read as follows: SECTION 5504. Requirements for Business Plans. Business plans shall include all of the following: (a) The inventory of information required by Section 5509 and whatever - 16 - e e additional information that the Department finds is necessary to protect the health and safety of persons, property, or the environment. Any such information is, however, subj ect to trade secret protections pursuant to section 5511. (b) Emergency response plans and procedures in the event of a significant release or threatened significant release of a hazardous material, scaled appropriately for the size and nature of the business, the nature of the damage potential of the hazardous materials handled, and the proximity of the business to residential areas, sensitive facilities and other populations, including, but not limited to, all of the following: (1) Immediate notification to the Department, the Fire Department, the state Office of Emergency Services, the appropriate local emergency rescue personnel, and persons within the facility who are necessary to respond to the incident. (2) Identification of local emergency medical assistance appropriate for potential accident scenarios. - 17 - e e ( 3 ) The name, address and phone numbers (office and home) of all persons qualified to act as emergency coordinators. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. (A) At all times there shall be at least one employee, either on the business premises during operating hours, or on call during non-operating hours I (i. e., available to respond to an emergency by reaching the business within one hour), with the responsibility for coordinating all emergency response measures. The emergency coordinator shall be thoroughly familiar with all aspects of the business plan, all operations and activities at the business, the location and characteristics of hazardous materials handled, the location of all records within the business, and the business layout. (B) This person shall have the authority to commit the resources needed to carry out the business plan. - 18 - e e (4) A list of emergency equipment at the business (such as fire extinguishing systems, spill control equipment, communications and alarm systems and decontamination equipment). This equipment must include at least twenty-five pounds of an absorbent material or the amount of absorbent material sufficient to control the complete release of the largest container of hazardous materials, (excluding underground tanks) which ever is greater. This list shall be kept up to date. In addi ticn, the plan shall incl ude the location and a physical description of each item on the list and a brief outline of its capabilities. (5) An evacuation plan for business personnel. This plan shall describe signals to be used to begin evacuation, evacuation routes and al ternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous materials). (c) A training program for all new employees and annual training, including refresher courses, for all employees in safety procedures in the event of a - 19 - e e release or threatened release of a hazardous material. These training programs shall take into consideration the position of each employee. The training program shall include, but need not be limited to: (I) Methods for safe handling of hazardous materials. (2) Procedures for coordination with local emergency response organizations. (3) Use of emergency response equipment and suppl ies under the control of the handler. (4) Familiarity with the plans and procedures specified in SUbdivision (b) . (d) All additional requirements imposed by the Office of Emergency services pursuant to Health and safety Code Section 25503. (e) Any handler required to file a pipeline operations contingency plan in accordance with the California Pipeline Safety Act of 1981 (chapter 5.5 (commencing with Section 51010) of Part 3 of Division 1 of Title 5 of Government Code) and the regUlations of the - 20 - e e Department of Transportation, found in Part 195 of Title 49 of the Code of Federal Regulations, may file a copy of those plans with the Department instead of filing an emergency response plan specified in subdivision (b). SECTION 69 Santa Monica Municipal Code Section 5505 is amended to read as follows: SECTION 5505. Submission and Review of Business Plan. (a) Prior to handling of any hazardous material at a business, each handler shall submit its business plan to the Department and certify that it meets the requirement of this Chapter. For purposes of reporting to the city, all handlers that meet the requirements of this Chapter shall be deemed to have met the contingency plan requirements of California Code of Regulations, Title 22, Sections 67140-67145. If, after review, the Department determines that the handler's business plan is deficient in any way, the administering agency shall notify the handler of these defects. The handler shall submit a corrected business plan within five (5) days of the notice. - 21 - e e If a handler fails after reasonable notice to submit a business plan in compliance with this Chapter, the Department or the Fire Department shall immediately take appropriate action to enforce this Chapter, including the imposition of civil and criminal penalties specified in this Chapter. A copy of the approved business plan and all revisions shall be maintained at the handler. (b) The Department shall submit to the state Office of Emergency Services a schedule for the submission of the business plan and a copy of this ordinance. (c) In addition to the requirements of section 5510, whenever a substantial change in the handler's operations occurs which requires a modification of its business plan the handler shall submit a copy of the plan revisions to the Department within five (5) days of the operational change. (d) The handler shall, in any case, review the business plan submitted pursuant to subdivisions (a), (e), and (g) at least once every two years to determine if a revision is needed and shall certify - 22 - e e to the Department that the review was made and that any necessary changes were made to the plan. A copy of these changes shall be submitted to the Department as a part of this certification. (e) Unless exempted from the business plan requirements under this Chapter, any business which handles a hazardous material shall annually submit a completed inventory form to the Department. Notwithstanding any other provision of law, an inventory form shall be filed on or before September 1, 1987, and annually thereafter. This inventory shall be filed annually, notwithstanding the review requirements of subdivision (d) . (f) Any business which files an inventory form pursuant to requirements of subdivision (e) shall have satisfied the requirements of the Toxic Chemical Disclosure Law, Santa Monica Municipal Code Section 5300 et seg. SECTION 7. Santa Monica Municipal Code Section 5507 is amended to read as follows: SECTION 5507. Reports of Releases/Implementation of Business Plan. - 23 - e e (a) Except as provided in subsection (c) whenever there is a significant release or threatened significant release of hazardous material, the emergency coordinator shall upon discovery: (1) Immediately report any release or threatened release of hazardous material to the Fire Department, the Department, and to the state Office of Emergency Services, in accordance with the regulations adopted pursuant to Section 5502. (2) Additionally, immediately report any release or threatened release of extremely hazardous material to the Local Emergency Planning Commi ttee of the California state Office of Emergency Services. (3) Provide all state, city, and county fire, public health and safety personnel and emergency rescue personnel with access to the handler's facilities. (4) Activate internal facility alarms or communication systems, where applicable, to notify all business personnel. - 24 - e e (5) Identify the character, exact source, amount and areal extent of any released materials. The coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis. (6) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release or threatened release. This assessment shall consider both direct and indirect effects of the release. (7) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fire, explosions and releases do not occur, reoccur or spread to other hazardous materials at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released materials and removing or isolating containers. (8) If the handler stops operations in response to a fire, explosion or release, the emergency coordinator shall continue to monitor the - 25 - e e handler for leaks, pressure build up, gas generation, ruptures in valves, pipes or other equipment, or such other conditions to ensure against additional fire, explosion or release of hazardous materials. (9) Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered hazardous materials, contaminated soil or surface water or any other material that results from a release at the handler. CIO) The emergency coordinator shall ensure that, in the affected area(s} of the handler: (A) No material that may be incompatible with the released material is treated, stored or disposed of until cleanup procedures are completed. (B) All emergency equipment listed in the business plan is cleaned and fit for its intended use before operations are resumed. (11) The handler shall notify the Department and appropriate state and local authorities, that the handler is in compliance with paragraph (10) of this - 26 - e e subdivision before operations are resumed in the affected area(s) of the facility. (12) The handler shall document the time, date and details of any incident that requires implementing the business plan. Within 15 days after the incident, the handler shall submit a written report on the incident to the Department. The report shall include: (A) Name, address and telephone number of the business. (B) Date, time and type of incident. (C) Name and quantity of material(s) involved. (D) The extent of injuries, if any. (E) An assessment of actual or potential hazards to human health or the environment. (F) Estimated quantity and disposition of recovered material that resulted from the incident. (b) The provisions of the business plan shall be carried out immediately upon the release or threatened release of a hazardous material. - 27 - e e (c) Subdivision (a) does not apply to any person engaged in the transportation of a hazardous material on a highway which is subject to, and in compl iance wi th, the requirements of sections 2453 and 23112.5 of the Vehicle Code. SECTION 8. Santa Monica Municipal Code Section 5509 is amended to read as follows: SECTION 5509. Annual Inventory Form. The annual inventory form shall include, but shall not be limited to, information on all the following which are handled in quantities equal to or greater than the quantities specified in subdivision (a) of Section 5503. (a) A listing of the chemical name and common names of every hazardous material or chemical product handled by the business. (b) The category of material, including the general chemical and mineral composition of the material listed by probable maximum and minimum concentrations, of every hazardous material handled by the business. - 28 - e e (c) A listing of the chemical name and common names of every other hazardous material or mixture containing a hazardous material handled by the business which is not otherwise listed pursuant to paragraph (a) or (b). (d) The maximum amount of each hazardous material or mixture containing a hazardous material disclosed in paragraphs (a), (b), and (c) which is handled at any one time by the business over the course of the year. These amounts must be expressed in commonly understood units appropriate to the manner in which the hazardous materials are handled. (e) Sufficient information on how and where the hazardous materials disclosed in paragraphs (a), (b), and (e) are handled by the business to allow fire, safety, health, and other appropriate personnel to prepare adequate emergency responses to potential releases of the hazardous materials. (f) The total estimated amounts of each hazardous material handled by the business throughout the course of the year. - 29 - e e (g) The SIC Code number of the business if applicable. (h) The Dun and Bradstreet number of the business, if applicable. (i) The Chemical Abstract Service Registry number of each hazardous material listed in response to section 5509, subdivisions (a), (b) and (c). (j) The physical state (pure, mix, solid, liquid, or gas) of each hazardous material handled by the business. (k) The health hazard level (immediate or delayed) of each hazardous material handled by the business. (1) Certification that the handler either owns the property on which the business which handles the hazardous material is located or that the handler has notified the owner of the property that hazardous materials are on site. SECTION 9. Santa Monica Municipal Code Section 5510 is amended to read as follows: SECTION 5510. Amendments to Inventory Form. Any business subject to section 5505 shall submit an amendment to the inventory form detailing the new use, - 30 - e e handling, or other appropriate information required, within five (5) days of: (a) Any increase in the quantity of an extremely material. reported hazardous (b) A 100 percent or more increase in the quantity of a previously disclosed material other than an extremely hazardous material. the inventory requirements previously subj ect to of this ( c) Any handl ing of a undisclosed hazardous material Chapter. (d) A change of business address. (e) A change of business ownership. (f) A change of business name. (9) A change of information relating to emergency coordinators. (h) The intention to close or actual closure of the business. SECTION 10. Santa Monica Municipal Code Section 5510.1 is added to read as follows: SECTION 5510.1. Risk Hanaqement and Prevention Proqram. The Department may require the establ ishment of a Risk Management and Prevention proqram from any business handling an extremely hazardous - 31 - e e substance in quanti ties grea ter than the amounts specified in Section 25531 through 25541 of the california Health and Safety Code. SECTION 11. Santa Monica Municipal Code Section 5515 is amended to read as follows: SECTION 5515. :Interference Wi th Enforcement.. Any person who willfully prevents, interferes with, or attempts to impede the enforcement of this Chapter by any authorized representative of the Department, the Fire Department, or any other authorized representative of the City is, upon conviction, guilty of a misdemeanor. SECTION 12. Santa Monica Municipal Code section 5517 is amended to read as follows: SECTION 5517. Injunct.ive Relief. When the Department or the Fire Department determines that a business has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this Chapter or any regulation or order promulgated thereunder, the Department or the Fire Department shall report such - 32 - . e determination to the city Attorney, and the city Attorney may make application to the superior court for an order enjoining the acts or practices or for an order directing compliance. The city Attorney may seek the same relief upon the city Attorney's own motion. As established in Health and Safety Code section 25516, a permanent or temporary injunction, restraining order, or other appropriate order may be granted upon a showing that the bus iness has engaged in, is engaged in, or is about to engage in the challenged acts or practices. SECTION 5521. Pursuant to Penal Code Section 836. 5, Battal ion Chiefs, Company Officers, and Fire Prevention Officers of the Fire Department and the Environmental program Administrator, Environmental Coordinator, Hazardous Material Technician of the General Serv ices Department or their equivalents may arrest a person whenever any of these individuals have reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is a violation of this - 33 - e e Chapter or the terms and conditions of any permit provided for in this Chapter. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, the arresting indi vidual shall prepare a written notice to appear and shall release the person arrested on his or her promise to appear as provided in section 3606 of this Code. 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 inval id or unconstitutional wi thout regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. - 34 - . e 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: r'-"J'1.~1" ~Y'. 0~ ROBERT M. MYERS U City Attorney - 35 - ... . e Adopted and approved this 23rd day of October, 1990. ~Ma~r~ I hereby certify that the foregoing Ordinance No. 1554 was duly and regularly introduced at a meeting of the city Council on the 9th day of October 1990; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 23rd day of October 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Mayor Zane Noes: Councilmembers: none Abstain: Councilmembers: none Absent: Councilmembers: Jennings, Reed ATTEST: -~~~ L:- City CIe .