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city council Meeting 11-15-94
Santa Monica, California
ORDINANCE NUMBER 1784 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.094
TO THE MUNICIPAL CODE CLOSING THE CIVIC CENTER GROUNDS
DURING LATE NIGHT HOURS
WHEREAS, the Civic Center of the city of Santa Monica conslsts
of the area bounded by Main street, P1CO Boulevard, 4th Street and
the Santa Monica Freeway;
WHEREAS, portions of the civic Center are presently being used
by members of the public during all hours of the night for resting
and sleeping;
WHEREAS, the public buildings within the Civic Center are
closed during late night hours and are not accessible to the public
during such hours, except for the Santa Monica Police Department
which is accessible through its own, separate entrance to City Hall
at all times;
WHEREAS, the Civic Center area lS neither lntended nor
suitable for all-night usage by the public because, among other
things, adequate rest room facilitles are not available when the
buildings within the civic center are closed and the Civic Center
is not uniformly well lighted;
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WHEREAS, the public health, safety and welfare will be served
by closing the civic Center for a limited time period during late
nighttime hours when pUblic buildings there are closed;
WHEREAS, a closure of the civic Center during late night
hours will not significantly impair the ability of individuals or
groups to petition or express their views to their government
because governmental offices are closed during those hours and
because nearby sidewalks will remain open to the public at all
times;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Sectlon 4.08.094 is added to the Santa Monica
Municipal Code to read as follows:
section 4.08.094 Closure of ci vie Center
Grounds.
(a) Between the hours of 2:00 a.m. and 6
a.m., no person shall enter, remain or be
present in or upon the Santa Monica ci V1C
Center which is the area bounded by Main
Street, pico Boulevard, 4th street and the
Santa Monica Freeway.
(b) This section shall not apply to
persons whose presence is authorized by either
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the City of Santa Monica or the County of Los
Angeles, or is in conjunction with an activity
that is authorized or permitted by the City of
Santa Monica or the County of Los Angeles, or
is in conjunction with gaining ingress to or
egress from the Santa Monica Police
Department.
(c) This section does not prohibit
anyone from being present at any time on a
sidewalk adjacent to any public street.
(d) Any person violating the provisions
of this section shall be guilty of a
misdemeanor and upon conviction shall be fined
in an amount not to exceed Five Hundred
Dollars ($500) or imprisoned for a period not
exceed six months, or both.
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
effectuate 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 invalld or
unconsti tutional by a decision of any court of any competent
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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
lnvalid or unconstltutional wlthout regard to whether any portlon
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.
This ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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MARSHA JQNES MOUTRIE
City Attorney
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/fJ; L-O. ~
Mayor
State of CalIforma )
County of Los Angeles) ss.
City of Santa Mornca )
I, Clarice E. Dykhouse, CIty Clerk of the CIty of Santa Mornca, do hereby certify that the
foregoing Ordmance No 1784 (CCS) had Its fIrst reading on October 25, 1994 and had Its
second reading on December 13, 1994 and was passed by the following vote
Ayes' CouncIlmembers:
Ebner, Greenberg, Holbrook, O'Connor, Rosenstein
Noes CouncIlmembers.
Abdo, Genser
Abstain. Councilmembers:
None
Absent: CouncIlmembers
None
ATTEST.
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CIty Clerk