O1813
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city Council Meeting 9-12-95
Santa Monica, California
ORDINANCE NUMBER 1813
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 3.20.020, 4.08.270, 4.12.140, 5.08.300, 6.48.080, AND
7.48.020 TO MAKE VIOLATIONS OF THESE SECTIONS CHARGEABLE EITHER
AS INFRACTIONS OR MISDEMEANORS AND AMENDING MUNICIPAL CODE
SECTIONS 1.08.010 AND 4.12.170 TO CLARIFY
THAT MUNICIPAL CODE VIOLATIONS ARE MISDEMEANORS
UNLESS THE CODE PROVIDES OTHERWISE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.20.020 is
amended to read as follows:
3.20.020. License application.
Any person desiring to operate or use a
bicycle upon any of the streets of the city
shall apply therefor to the ci ty Clerk or
bicycle retailer (authorized agent) who shall
record the name and address of the owner
thereof and a description of said bicycle.
The City Clerk or authorized agent shall issue
the license requested upon payment by the
applicant of the fee herein required.
Said
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license when issued shall entitle the licensee
to operate said bicycle for which said license
has been issued upon all the streets,
exclusive of the sidewalks thereof or
elsewhere prohibited in the city.
Any person violating this Section shall
be guilty of an infraction, which shall be
punishable by a fine not exceeding Two Hundred
Fifty Dollars ($250.00), or a misdemeanor,
which shall be punishable by a fine not
exceeding One Thousand Dollars ($1,000.00) per
violation, or by imprisonment in the County
Jail for a period not exceeding six months, or
by both such fine and imprisonment.
SECTION 2. Santa Monica Municipal Code Section 4.08.270 is
amended to read as follows:
".08.270. Restrictions on leafblover
operation.
No person shall operate any motorized
leafblower within the city.
Any person violating this Section shall
be guilty of an infraction, which shall be
punishable by a fine not exceeding Two Hundred
Fifty Dollars ($250.00), or a misdemeanor,
which shall be punishable by a fine not
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exceeding One Thousand Dollars ($1,000.00) per
violation, or by imprisonment in the County
Jail for a period not exceeding six months, or
by both such fine and imprisonment.
SECTION 3. Santa Monica Municipal Code Section 4.12.140 is
amended to read as follows:
4.12.140. RestrictioDS OD CODstruction,
aaintenance or repair of bui14inqs.
(a) No person shall engage in any
construction activity during the following
times anywhere in the city:
(1) Before 8:00 a.m. or after 6:00
p.m. on Monday through Friday, except that
construction activities conducted by employees
of the City of Santa Monica or public
utilities shall not occur before 7:00 a.m. or
after 6:00 p.m. on Monday through Friday;
(2) Before 9:00 a.m. or after 5:00
p.m. on saturday;
(3) All day on Sunday;
(4) All day on New Years Day,
Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and Christmas
Day, as those days have been established by
the United states of America.
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(b) The noise level created by
construction activity shall not exceed the
allowable exterior noise equivalent level
specified in section 4.12.050(a) of this
Chapter, as applicable for the Noise Zone
where the activity occurs, plus 10 dBA, except
as set forth in subsection (c) of this
section.
(c) Prior to the issuance of a building
permit, all development projects located
within 500 feet of any residential development
or other noise sensitive land uses must submit
a list of equipment and acti vi ties required
during construction. In particular, this list
shall include the following:
(1) Construction equipment to be
used, such as pile drivers, jack hammers,
pavement breakers or similar equipment;
(2) Construction acti vi ties such as
24 hour pumping, excavation or demolition.
If it is determined that construction
noise will exceed 90 dBA at a distance of 50
feet or greater, the use of the equipment
which produces such noise will be limited to
between the hours of 10:00 a.m. and 3:00 p.m.
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(d) A permit may be issued authorizing
construction activity during the times
prohibited by this Section whenever it is
found to be in the public interest. The person
obtaining the permit shall provide
notification to persons occupying property
within a perimeter of five hundred (500) feet
of the site of the proposed construction
activity prior to commencing work pursuant to
the permit. The form of the notification shall
be approved by the city and contain procedures
for the submission of comments prior to the
approval of the permit. Applications for such
permit shall be in writing, shall be
accompanied by an application fee in the
amount of twenty-five Dollars ($25.00), and
shall set forth in detail facts showing that
the public interest will be served by the
issuance of such permit. Applications shall be
made to the Building Officer; provided,
however, with respect to work upon or
involving the use of a pUblic street, alley,
building or other public place under the
jurisdiction of the Environmental and Public
Works Management Department, applications
shall be made to the Director of
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Environmental and Public Works Management. No
permit shall be issued unless the application
is first approved by the Director of
Environmental and Public Works Management, the
Building Officer, the Chief of Police and the
city Manager. The fees provided for in this
section may be revised from time to time by
resolution of the City Council.
(e) No permit is required to perform
emergency work necessary to restore property
to a safe condition following a public
calamity or work required to protect persons
or property from an imminent exposure to
danger or hazards.
(f) For purposes of this section,
"construction activity" includes:
(1) The operation of any tool,
machine or equipment including, but not
limited to, vehicles and helicopters being
used by contractors or subcontractors and
their employees to carry out any work for
which a building permit is required;
(2) Performing any construction,
maintenance or repair work on buildings or
structures;
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(3) Any painting using motorized
equipment or any painting that is part of the
construction activity for which a building
permit has been issued;
( 4) The coming and going of any
vehicles bringing construction equipment,
materials or supplies to the site of the
construction activity or the staging of such
vehicles on any public streets;
(5) The coming and going of any
food services vehicles providing food services
to persons working at a site of construction
activity.
(g) Any person violating this section
shall be guilty of an infraction, which shall
be punishable by a fine not exceeding Two
Hundred Fifty Dollars ($250.00) , or a
misdemeanor, which shall be punishable by a
fine not exceeding One Thousand Dollars
($1,000.00) per violation, or by imprisonment
in the County Jail for a period not exceeding
six months, or by both such fine and
imprisonment. Each such person shall be
guil ty of a separate offense for each and
every day during any portion of which any
violation of this Section is committed,
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continued, or permi tted by such person and
shall be punished accordingly. In addition to
the penalties herein provided, any condition
caused or permitted to exist in violation of
the provisions of this Section shall be deemed
a public nuisance and may be, by this city,
summarily abated as such, and each day such
condition continues shall be regarded as a new
and separate offense.
SECTION 4. Santa Monica Municipal Code section 5.08.300 is
amended to read as follows:
5.08.300. Interference with collection.
No person unauthorized by the city or by
the owner of a refuse container shall remove
any refuse container or any refuse placed in
said container or bundled for collection by
the City. All such refuse placed for
collection by City employees shall be the
property of the city of Santa Monica.
Any person violating this section shall
be guilty of an infraction, which shall be
punishable by a fine not exceeding Two Hundred
Fifty Dollars ($250.00), or a misdemeanor,
which shall be punishable by a fine not
exceeding One Thousand Dollars ($1,000.00) per
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violation, or by imprisonment in the County
Jail for a period not exceeding six months, or
by both such fine and imprisonment.
SECTION 5. Santa Monica Municipal Code Section 6.48.080 is
amended to read as follows:
6.48.080. Parkinq of vehicles.
No driver shall permit any vehicle for
hire to stand while awaiting emploYment at any
place other than a stand designated by the
parking and Traffic Engineer and assigned to
the owner of said vehicle.
No vehicle shall be left unattended in a
stand for a period of time longer than three
minutes.
Stands may be occupied for a period of
twenty-four hours a day except where standing,
stopping, and parking are otherwise prohibited
by law.
Any person violating this Section shall
be guilty of an infraction, which shall be
punishable by a fine not exceeding Two Hundred
Fifty Dollars ($250.00), or a misdemeanor,
which shall be punishable by a fine not
exceeding One Thousand Dollars ($1,000.00) per
violation, or by imprisonment in the County
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Jail for a period not exceeding six months, or
by both such fine and imprisonment.
SECTION 6. Santa Monica Municipal Code section 7~48~020 is
amended to read as follows:
7.48.020. Litter in public places.
No person shall throw or deposit litter
in or upon any street, alley, parkway,
sidewalk or other public place within the city
except in public receptacles or in authorized
private receptacles for collection.
Any person violating this Section shall
be guilty of an infraction, which shall be
punishable by a fine not exceeding Two Hundred
Fifty Dollars ($250.00), or a misdemeanor,
which shall be punishable by a fine not
exceeding One Thousand Dollars ($1,000.00) per
violation, or by imprisonment in the County
Jail for a period not exceeding six months, or
by both such fine and imprisonment.
SECTION 7. Santa Monica Municipal Code Section 1.08.010 is
amended to read as follows:
1.08.010. Violations, a misdemeanor.
It shall be unlawful for any person to
violate any provision, or to fail to comply
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wi th any of the requirements of this code.
Any person violating any of the provisions or
failing to comply with any of the mandatory
requirements of this Code, shall be guilty of
a misdemeanor, unless otherwise provided. Any
person convicted of a misdemeanor under the
provisions of this Code, shall be punishable
by a fine of not more than $500.00, or by
imprisonment in the City or County Jail for a
period not exceeding six months, or by both
such fine and imprisonment. Each such person
shall be guilty of a separate offense for each
and every day during any portion of which any
violation of any provision of this Code is
committed, continued, or permitted by such
person and shall be punishable accordingly.
In addition to the penalties hereinabove
provided, any condition caused or permitted to
exist in violation of any of the provisions of
this Code shall be deemed a public nuisance
and may be, by this city, summarily abated as
such, and each day such condition continues
shall be regarded as a new and separate
offense.
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SECTION 8. Santa Monica Municipal Code section 4.12.170 is
amended to read as follows:
4.12.170. criminal remedies.
Any person violating any of the
provisions of this Chapter shall be deemed
guilty of a misdemeanor, unless otherwise
provided, and upon conviction thereof shall be
fined in an amount not to exceed $500 or be
imprisoned in the City Jail for a period not
to exceed 6 months or by both such fine and
imprisonment. Each day such violation is
committed or permitted to continue shall
consti tute a separate offense and shall be
punishable as such.
SECTION 9. 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 effect the
provisions of this Ordinance.
SECTION 10. 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 competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
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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 11. 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 30 days from its adoption.
APPROVED AS TO FORM:
~~UTR~'
City Attorney
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Mayor
State of CalIforma )
County of Los Angeles ) 55
CIty of Santa Moruca )
I, Mana M Stewart, City Clerk of the CIty of Santa Moruca, do hereby certIfy that the foregomg
Ordmance No 1813 (CCS) had Its fIrst readmg on July 25_ 1995 and had its second readmg on
September 12, 1995 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
Council members
None
Absent
CouncIl members
None
ATTEST
"--
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City Clerk
PROOF OF PUBL.CATION
(2015.5 C.C._
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaId, 1 am over
the age of eighteen years, and not a party to
or Interested In the above.entltled matter I
am the prinCipal clerk of the printer of the
THE OUTLOOK
.................... ..... ....... ....... ...................
a newspaper of general cIrculation, printed
and publIshed .:P.,MItX.J-;~~t:.I?X.~Jl!j.QAX.
In the CIty of .~hJ:l.T^.ftJQHJ{:;^ ...........
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of}~!"!: .~6 19 .~~. /
Case Number ..;J.H.U.~....., that the notice,
of whIch the annexed IS a printed copy <set
In type not smaller than nonpareil), has
been publ tshed In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the following dates,
to-Wit
.. ...~~!..~~. .... ... .. ......... ...... .. .......
all In the year 19.. ~.~
I certify (or declare) under penalty of
perl ury that the foregOing IS true and
cor rect
Dated at... ~~.~.l'r ~)~.<?~J~~..... ...........
,.. f" 23 f SEPT 9S
\..all orma, this........ ..day 0 ...... ., 19.....
,I . ~ ft. .
. ....l Y. ~~. f"",, \ I.!f,g~~urt-. oj ~ .. no ..
Free copIes of thlll)!,nk fDrm m.v "Iecured from
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
POBox 3 1
Los Angeles CA 90053 Telephone 625-2541
"Ieue requesl GE~EIlAL Prool of Publoc~110n
w"..n ord't:C'.nq 11t\\'S. 'orm
ThiS space IS for the County Clerk's Filing Stamp
.
Proof of Publication of
...... ..... ..... .........1....................... ...........................
EO 9-90
City of Santa Mcmca
Ordlllance Number 1813 (CCS)
(City Council Senes)
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 3 20 020, 4 08 270, 4 12 140, 5 08 300, 648080, AND
748020 TO MAKE VIOLATIONS OF THESE SECTIONS CHARGEABLE
EIlllER AS INFRACTIONS OR MlSDEMEANORS AND AMENDING MUNICIPAL
CODE SECllONS J 08010 AND 4 12 170 TO CLARIFY TIlAT
MUNICIPAL CODE VIOLATIONS ARE MISDEMEANORS
UNLESS THE CODE PROVIDES OTHERWISE
The follOWIng IS a 8UIIlIIIBJY of Onhnlllce Number 1813 (CCS) prepan:d by the Office fII
the City Attorney
Onhnance Number 1813 (CCS) amends Santa MODlce MUDlClpal Code Sedloos ,,-
3 20020,408270,4 12 140, 508300,648 080,and 7 48020 to make V1011dJoD5 of these
Secuons punIShable as elthe!- an mfractlon or a misdemeanor The followmg conduc:t Ia lD
Violation oftMse SettlOIIS, <<:8pect1vely, fadmg to oblam . bike 1Jcease, ulmg a Ieatb~, '
vlolatmg resUlCl101lll on construction or mllUlteoan(:e or repmr ofbulldmgs, ranovJDg rtems &ma
a refuse contalDer, parkmg a taxicab m an undeslgnated area, and lnu:nng In public pl_ A !
person vlolatmg &II}' of these ScctIolIlIlS gwlty of either an infrect1Ol1, winch II puDJSblble by. .
fine not exceedmg Two Hundred FIfty Dollars, or of II nusdemeanor, winch Ia punlJbeble by a
fme not exceedmg One TIIousIInd Dollars per vlOiIInon, or by ImpnlODlDflIIt In the County 1.11
for a penod not exceedmg SIX mantba, or by both . fme and. penodof ImprllOllmeBt. In
addluon, SectIOn 4 12 140 IS further amended to proVIde that II penon VIOI.umg tbJS Sectwo I' ,
guJlty of a SepIIBte offense for each lIIld every dIIy that the VIOlatmn II c:ommJ.tted or permitted.
10 provule lhat lilY COndition CIlIIed or permItted to CJUSt In VlOhltJOD of the provwOAS oftlus
Section are deemed to be II pubbc nuuance IIId may be IUmDlIInly 8hted _Iuch by the C1ty,
and to reflect the fact that the DlrecIOI' of General Semces II now called the DIlllCtlIr of
EnvU'OIU1lentlllllfid Public Wom ManiigCIIICllt
OrdUlll1lce Number 1813 (CCS) 11190 uneods MwucJpal Code Sectmn 1 08 010, 111
proVide thIIt vlOlabOllS of the MunICIpal Code are nusdemBllllOlJ unlC!li othel'Wl5e nmed, and
Sectlon 4 U 170, to provlde that VlolallOns of Chapter 4 12 are mJSdemClll1Ol1l unlllIIS otherwae, .
provuled
OrdlDance Number 1813 (CCS) WIll adopted on September 12, 1995, 8nd 8bIIII become
effectIVe 30 days from 1111 adoptlOl1
l, Mana M. StewIIrt, CIty Clerk. do hereby certify that OrdmllDce Number I B 13 (CCS) .
h;ll! Its first readmg on Ausust S, 1995, and had WI seoond tUds.ng on Septanbo:r ll, 1995, and'
waS pllSlled by the followmg vote
Ayes CounCIl members AbdO, Ebner, Genaer-, Greenberg. Holbrook,
O'Connor, Roseostmn
Noes
COURC1! members None
Abstlun
COURcd members None
Absent
Council members None
IS/MARIAM STEWART
City Clerk
The full tmct of the Ilbove Ordmance 1I11V111ll1ble upon request from the oftill8 of the CRy
Clerk. 10000ted lit 1685 Mam Stm:t, Room 102, SlIIlIIMomca.. Phone (310) 458-8211
Pub September 23. 1995