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