O1860
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city council Meeting 8-20-96 Santa Monica, California
ORDINANCE NUMBER 1860 eCCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DELETING SANTA MONICA MUNICIPAL
CODE SECTION 3.12.350, RELATING TO THE USE OF PUBLIC
SIDEWALKS, AND REPLACING IT WITH A PROHIBITION
AGAINST SITTING OR LYING ON SIDEWALKS IN THE
BAYS IDE DISTRICT AND ON THE PROMENADE ROADWAY
AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, sitting or lying on the public sidewalks interferes
with the primary purposes of the public sidewalks, threatens public
safety, and damages the pUblic welfare; and
WHEREAS, public sidewalks are created and maintained for the
primary purpose of enabling pedestrians to safely and efficiently
move about from place to place; and
WHEREAS, ensuring the free flow of pedestrian traffic on
sidewalks promotes public safety by minimizing the risk that
pedestrians will jostle one another, collide, trip, or fall, and
ensuring that persons may move safely away from dangerous
situations which may occur on or near public streets and sidewalks;
and
WHEREAS, ensuring the free flow of pedestrian traffic is
particularly important to the safety of the elderly, the very
young, the disabled, vision-impaired persons, and others who are
less able to navigate through crowds and around obstacles or
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hazards and who are particularly jeopardized by having to navigate
off and onto curbs when sidewalks are blocked; and
WHEREAS, any hindrance of the free flow of pedestrian traffic
on sidewalks may interfere with the work of public safety personnel
seek1ng immediate access to emergency situations and with other
work vital to the public health and safety such as cleaning and
maintenance; and
WHEREAS, blockage of public sidewalks poses serious safety
hazards because pedestrians who cannot pass freely along the
sidewalk frequently step into the street where they may be struck
by vehicles or cause collisions between vehicles; and
WHEREAS, public sidewalks are not safe places to sit or lie
down because physical injury may occur from trampling; and
WHEREAS, disease may transmitted to persons lying on
sidewalks because people or animals expectorate, urinate or
defecate on sidewalks; and
WHEREAS, the public sidewalks in the Bayside District of the
city are particularly busy and prone to significant crowding and
congestion in part because of the concentration of theaters,
restaurants, clubs and other businesses located there and because
the Third Street Promenade attracts large numbers of people to the
area; and
WHEREAS, in the Bayside District, crowded and congested
conditions on public sidewalks and the number of persons sitting
and lying on the sidewalks has significantly increased in recent
months and continues to increase; and
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WHEREAS, public sidewalks in the Bayside District facilitate
the delivery of goods and services, and provide potential customers
with convenient access to goods and services; and
WHEREAS, the public welfare is promoted by economically
healthy commercial areas in the City which attract people to shop,
work and recreate; and
WHEREAS, economically healthy commercial areas provide easily
accessible goods and services, emploYment opportunities, the tax
revenues necessary to support essential public services, and the
economic productivity necessary to maintain and improve property
within these areas; and
WHEREAS, people sitting or lying on sidewalks can impair
commercial activity and undermine economic viability by, among
other things, inconveniencing patrons; and
WHEREAS, undermining the economic viability of an area
contributes to business failures and relocations which result in
vacant storefronts, and this, in turn, contributes to a spiral of
deterioration and blight which harms the public health, safety and
welfare; and
WHEREAS, there are numerous other places within the City where
sitting or lying down can be accommodated during daytime and
evenlng hours without unduly interfering with the flow of
pedestrian traffic, impairing commercial acti vi ty, threatening
public safety or harming the public welfare; and
WHEREAS, these numerous other places in the City include city
parks, beaches, common areas open to the public, and generally on
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private property with the permission of the property owner,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 3.12.350 is
amended to read as follows:
3.12.350. sitting or lying on sidewalks or in the
Promenade roadway in the Bayside District.
(a) No person shall sit or lie down upon a public
sidewalk in the Bayside District or upon the Third street
Promenade roadway, or upon a blanket, chair, stool, or
any other object placed upon a public sidewalk in the
Bayside District or upon the Third street Promenade
roadway during the hours between 6:00 a.m. and 1:00 a.m.
(b) The prohibition contained in this section shall
not apply to any person:
(1) sitting or lying down on a public sidewalk
or the Third Street Promenade roadway due to a medical
emergency;
(2) utilizing a wheelchair, walker, or similar
device to move about the public sidewalk or the Third
Street Promenade roadway as the result of a disability;
(3) sitting while operating or patronizing a
commercial establishment or business conducted on the
public sidewalk or Third street Promenade roadway
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pursuant to a street use permit, license or other City
issued authorization;
(4) sitting while participating in or
attending a parade, festival, rally, demonstration,
meeting I or similar special event lawfully conducted
pursuant to a City issued permit or license on the public
sidewalk or Third street Promenade roadway;
(5) sitting on a bollard, chair or bench
located on the public sidewalk or Third street Promenade
roadway and which is supplied by a public agency;
(6) sitting on a ledge, step or other masonry
surface which borders the fountains or topiary planters
on the public sidewalk or Third street Promenade roadway;
(7) sitting on a public sidewalk within a bus
stop zone while waiting for public or private
transportation;
(8) Giving a street performance pursuant to a
permit issued by the City.
SECTION 2. This Ordinance is declared to be an urgency
measure adopted pursuant to City Charter Section 615. It is
necessary for preserving the public peace, health and safety, and
the urgency for its adoption is set forth in the findings above.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
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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 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 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
within 15 days after its adoption.
This Ordinance shall become
effective upon its adoption.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
By:
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Mavor
"'
State of CalIfornIa )
County of Los Angeles) ss
CIty of Santa MOllica )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the foregomg
Ordmance No 1860 (CCS) had Its first readmg on August 20. 1996. and had Its second readmg
on August 20. 1996 and was passed by the followmg vote:
Ayes.
Counell members
Genser, Greenberg. Holbrook, O'Connor, Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Abdo, Ebner
ATTEST
Cfty ClerV
,
-,--~
PROOF O' PUBL.ATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a pat"ty to
or interested in the above-entitled matter I
am the principal clerk of the printer of the
THE OUTLOOK
....................................................
a newspaper of general circulation, printed
and published .Q~I.J..XJH\Q\;Jr.I:.~JllfJ?AX.
in the City of .tlM.TA.M9HJCA............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of.Jf.N"~ .~~ 19 .~!.,
Case Number ..~H.n~.....; thatthenotice,
of which the annexed Is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
AUG 24
....................................................
all In the year 19.?t.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct .
Dated at... ~~~T~.".<?l:'~f.~.................
. 24 d f AUG 19 96
r la,thls.........: aylT.j......, .....
.......... ..sig~.tu rtJ.~c;"" ..
The Oudooli
1920 Colorado Ave.
Santa Momca, California 90404
(310) 829-6811
1'1....1.... LOS lL~~."""'--
~ ANGELES .~
This space Is torM,hk'S Filing Stamp
rt1" II'! r:RK
. t ~ ......1,... I I
~ SEP -3 P3 :20
SANl A MCrilCA, CALi.
Proof of Publication of
~.......".......I~.......................................
EO 8-185
City ofSlala Mcmaca
OMlDanceN~ 1860 (ecs)
(City c-iJ SerIoI)
AN ORDINANCE-OF THE CITY COUNCIL OF nmcITY 01' SANTA MONICA
DBLETINO SANTA MONJCA MUNICIPAL COOS SECTION 3 12.350,
RELA11NG TO 11m USE OF PUBUC SlOOWALKS. AND
RJ!J'LA.ClNO IT WlTII A PROHIBl11ON AOAINST SI1'11NG OR L YJNG
ON SJDIlWALKS IN TJiE BA YSIDEDJS11lJcr AND ON 11IEPROMBNADB
ROADW", Y AND DBa.A!UNO THB PIlESENCB OF AN EMERGENCY
Th81bUowms II" sumnllIIy of CIrdmfono. N....m- 11l6O (CCS) JIII'I"II"III by dle Oftke oldie
CIty A~ -
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~ Num~ 1160 ((;CS)(tho"OnllomlW') It.. tmefPIICY on!Inahoe vtbJdJ ~
former MUDlcI(* Code SIdioD 3 12 350 With.. proIdbilloa IIpinBt slid. 01' IyiDJ llII.lIdewaIm or In
die rrom-dI RaedwBy ill die B8)'tIde DiltriCtliftbo City The ~ ~ pobibIIa
penoona hllulltln8 or ~. dowa IIpOQ .. ,..w...AdewllIk ill, .. -.."..we D\md 01' \Ipotl die ThInI
Street ~~. 01' upool a blaIJbt. cbait.1lDOt. or any oIhaf ~tUled upon a pubbc>
Slde9IlI1k or1llt 11iiiU.- ~!l.olldway ~tbe. boIib ~ 6:00 a.m. _ J:OO..m.
n- llI'8liM11l ~ to lI1II pl'lIfIibltiOIiill* 8ayID DIIIrIct, hII:ludID8 IilIiD& or Iyhla
down due tI).. meda911 emerpacy; utilwlDa: .. wIIeek:bIlr, YIIIbr, or thm1ar d&vb to IJIJ)VII about 1he
aldewalkor ~ due III a-4aabIlIlY,1I11la& -...tIiIe opIlnIIiDc or palrnnI....e 1I1lG111111ada1
~ or ~ conducled _1ht...... or roMway pmaia-IIl to allr.et_ pennd,
U- or clllWCily 1liUe4 auIhonzalkIn, IlIlm& wh1IcI pIII'IicipodIDa 1ft or ~ a pmade. ftnvaI,
mil,. delllOll8lD!lml, meelIn&'<< Ipelal_1awftdly 00Dducle4 pIIlIU&ftt to a City 1...cl pamk or
Ii-, IIiIImI 011 a bollml. c:lwur or bench wI1ich hal1lIlIa IIIppIied by . pubiH: apncy, IIIDDa Cl!I a
Jed&e, *P or oilier IILI8OIIl)' IIII'face '>!IbIoh borden IbD i'ounIalIlI ortoplary pIanten III tile -. 8illiDc .
011 a pttbIlc tIdewaIk wriIun a busltop _ wInJe "9IaItiq for pubIie or private lr1uwportlstum, IDIl
sm. a __ performm;:e purtuml to .. City iSIUlId pmmt.
~ Number 18~ (CCS) WlJS.roped on AIigusl20. 1996, ad IiI8lI become effoGIin
imlnedIately
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I. M.ria M s-ut. City Clerk, do ~ eertIfy thd o..finaace Numller 1860 (CC9) had Ita j
fim and.~1IIqIIIlWl....n1ll OD AuaUfl20, 1996, and - ~ by'" ibllawflw vJtk t
.
:."
Ayos.
Noes
CcuncillDfllllbenl a-er. ar-beri. Holbroalt, O'ComIoF, RoIIemtein
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Council membas: ~
Abnulll
CoImclI membaa. ~
AbIlIaI c.oor.cU members. Abd9. Ellner
/Sl MA1UA M. STEWART
CIty Cletk
TbD full U:x! ofllle IIbove OrdilllDce b IIYIliIlIIIle upon roqQGl ftom 1hII offtceof1hll Cl1y
Cletk, looMed ~ 1685 MaIn Sl=I, Room 102, SIIlIII Monica. Pbone (310) 4514211
Pub August 24, 1996
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