Loading...
O1860 e e f:\atty\muni\laws\mjm\sit4.ord 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 1 e e 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 2 - e 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 3 e e 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 4 e e 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 5 e e 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: 6 e e tJ~-~ 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~ - ~ ~ 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 }l! " il' ~~ ~,! i~; , ! i l~ i:l L, .~ 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 ... i 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 ! 1 v ,