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O1879 f \atty\munl\laws\mJm\sltamen2 ord City Council Meeting 6-10-97 Santa MOnica, California ORDINANCE NUMBER 1879 (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 3 12 350 RELATING TO THE PROHIBITION AGAINST SITTING OR LYING ON PUBLIC SIDEWALKS, OR UPON OBJECTS PLACED OR INSTALLED ON PUBLIC SIDEWALKS IN THE BAYSIDE DISTRICT AND ON THE PROMENADE ROADWAY WHEREAS, sitting or lYing on the public sidewalks Interferes With the pnmary 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 pedestnans to safely and efflclenUy move about from place to place, and WHEREAS, ensunng the free flow of pedestrian traffic on Sidewalks promotes public safety by minimizing the nsk that pedestnans Will Jostle one another, collide, trip, or fall, and ensunng 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 pedestnan 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 hazards and who 1 are particularly Jeopardized by having to navigate off and onto curbs when sidewalks are blocked, and WHEREAS, any hindrance of the free flow of pedestnan traffic on sidewalks may interfere with the work of public safety personnel seeking 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, unnate or defecate on sidewalks, and WHEREAS, the public Sidewalks In the Bayslde Dlstnct 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 Bayslde Dlstnct, crowded and congested conditIons on public Sidewalks and the number of persons sitting and lYing on the SIdewalks has slgmficantly Increased In recent months and continues to Increase, and 2 WHEREAS, public sidewalks In the Bayslde Dlstnct 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, Inconventenclng patrons, and WHEREAS, undermining the economic viability of an area contnbutes to bUSiness failures and relocations which result In vacant storefronts, and thiS, In turn, contnbutes to a spiral of detenoratlon 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 dunng daytime and eventng hours Without unduly Interfering With the flow of pedestnan traffic, Impalnng commercial actiVity, 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 pnvate property With the permiSSion of the property owner, 3 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 fo !lows 3.12.350. Sitting or lying on sidewalks or in the Promenade roadway in the Bayside District. (a) Dunng the hours between 6 00 a m. and 1 00 am, no person shall. (1) Sit or he down upon a public sidewalk In the Bayslde District or upon the Third Street Promenade roadway, (2) Sit or lie down upon a blanket, chair, stool, bench or any other object placed or Installed on a public Sidewalk In the Bayslde Dlstnct or the Third Street Promenade roadway, or (3) SIt, stand, lie down upon or otherwise be present upon any planting, railing, topiary or statue placed upon or Installed on a public Sidewalk In the Bayslde Dlstnct or the Third Street Promenade roadway (b) The prohibition contained In this Section shall not apply to any person (1) SlUing or lYing down on a public Sidewalk or the ThIrd Street Promenade roadway due to a medical emergency, 4 (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 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, 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, or (8) giving a street performance pursuant to a permIt Issued by the City 5 (c) 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,OOO 00), or by Impnsonment In the County Jail for a period not exceeding SIX months or by both such fine and Imprisonment 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, IS hereby repealed or modified to that extent necessary to effect 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 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 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 6 newspaper within 15 days after Its adoptIon ThIS OrdInance shall become effective 30 days from Its adoption APPROVED AS TO FORM . k~ I MARSHA JONKs' MOUTRIE City Attorney 7 State ofCahfonua ) County of Los Angeles) S5 CIty of Santa MOnIca ) t ~o~. - L Beth Sanchez, ASsIstant CIty Clerk of the CIty of Santa Moruca, do hereby certIfy that the foregomg Ordmance No 1879 (CCS) had ItS first readmg on May 27. 1997, and had Its second readmg on June 10. 1997 and was passed by the followmg vote Ayes CounCIl members Ebner, Greenberg, Mayor Pro Tern Holbrook, Rosenstem Noes CouncIl members Femstem, Genser, Mayor O'Connor Abstam CounCIl members None Absent CounCIl members None ATTEST f~/1td~ Beth Sanchez, AssIstant Cf!Y Clerk