O1772
CA:f:atty\muni\laws\mjm\struclot
City Council Meeting 10-18-94
Santa Monica, California
ORDINANCE NUMBER 1772
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 3.36.280 TO THE
SANTA MONICA MUNICIPAL CODE REGULATING THE
USE OF CITY OWNED PARKING STRUCTURES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and
declares:
(a) The city's six, multi-story Parking Structures are
designed and intended solely for use by persons who are parking and
unparking vehicles, proceeding to or from parked vehicles, or using
the public restrooms located in the structures.
(b) Because the Parking structures are located between 2nd
Street and the Third Street Promenade and Fourth street and the
Third Street Promenade some pedestrians traverse the ground floors
of the Parking Structures to access the Promenade from Second
Street or Fourth Street.
(c) Use of the Parking Structures for other purposes impedes
parking and the flow of traffic within the Parking Structures.
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(d) Moreover, any unnecessary pedestrian traffic ln the
Parking structures presents a poten_tial safety hazard, particularly
on floors above the ground floor where pedestrian traffic may not
be anticipated by drivers.
(e) Additionally, crimes against property and persons have
occurred in the Parking structures, including a significant and
increasing number of automobile burglaries.
(f) Accordingly, the city council intends by this ordinance
to promote the public health, safety and welfare by limiting the
future potential for such crime, ensuring that those parking their
vehicles in the Parking structures may do so with a sense of
security, reducing safety hazards to drivers and pedestrians, and
ensuring that the parking and traffic flow in the structures is
unimpaired.
SECTION 2. section 3.36.280 is hereby added to the Santa
Monica Municipal Code to read as follows:
3.3~.280 Regulation of City-owned Parking
structures.
(a) No person may be present in a City-
owned Parking structure unless he or she is
engaged in one of the following activities or
accompanying someone who is so engaged:
(1) Parking or unparking a vehicle
or riding in a vehicle which is being parked or
unparked;
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(2) Departing from after parking, or
returning to, for unparking, a vehicle which is
parked in the Parking structure;
(3) using or going to or from public
restroom facilities located in the Parking
structure;
(4) Authorized by the City of Santa
Monica to be present.
(b) Any person who violates the
provisions of this section shall be guilty of
a misdemeanor punishable by a fine not to
exceed Five Hundred Dollars ($500.00) or
imprisonment for a period not to exceed six
months.
(c) The term "city Owned Parking
structures" means the following structures,
excepting retail or commercial space:
(1) structure #1, located at 1234
4th Street, Santa Monica;
(2) structure #2, located at 1235
2nd Street, Santa Monica;
(3) Structure #3, located at 1320
4th street, Santa Monica;
(4) Structure #4, located at 1321
2nd street, Santa Monica;
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(5) structure #5, located at 1440
4th street, Santa Monic&;
(6) Structure #6, located at 1431
2nd street, Santa Monica;
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,
are 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 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
invalid or unconstitutional without 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
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within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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MARSHA JONij MOUTRIE
City Attor ey
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% l3/t
Mayor
State of California )
County of Los Angeles )
City of Santa Monica )
I, Beth Sanchez, City Clerk of the City of Santa Monica, do hereby certify that the foregoing
Ordinance NO.1772 (CCS) had its first reading on October 11. 1994 and had its second
reading on October 18. 1994 and was passed by the following vote:
Ayes: Councilmembers:
Genser, Greenberg, Holbrook, Olsen, Rosenstein
Noes: Council members:
Abdo, Vazquez
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
___A#Ar ;:'fi~
City Clerk