O1987
f \atty\munl\laws\mJm\atmsuspend-1.wpd
City Council Meeting 9-26-00
Santa MOnica, California
ORDINANCE NUMBER 1987 (CCS)
(CIty Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SUSPENDING
SANTA MONICA MUNICIPAL CODE SECTION 4 32 040
RELATED TO AUTOMATED TELLER MACHINE SURCHARGES
THE CITY COUNCIL OFTHE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Section 432.040 of the Santa MOnica MUnicipal Code IS hereby
amended to read as follows
Section 4.32.040 Automated teller machine surcharges.
(a) Definitions The followmg words and phrases shall have the
followmg meanings when used In this Section
Access To use any function on the ATM, Including cash Withdrawal
and fund transfer
Access device A card, code, or other means of access to a
customer's account, or any combination thereof.
Automated teller machine or A 1M Any electronic Information
processing device that accepts deposits or dispenses cash In connection
With a credit, deposit, or convenience account The term does not Include
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devices used solely to facilItate check guarantees or check authorizations,
or which are used In connection with the acceptance or dispensing of cash
on a person-to-person basIs, such as by a store cashier.
Financial institution Any bank, savings association, savings bank,
credit union, or Industnalloan company.
User A natural person to whom an access device has been issued
for personal, family, or household use
(b) Prohibition on Certain Fees A financial institution may not
Impose a fee of any kmd on a user for accessing an A TM of that financial
institution located In the City of Santa MOnica with an access device not
Issued by that finanCial institution.
(c) Enforcement and Penalties.
(1) CIvil Action Any person injured by a violation of this
Section may enforce ItS proVIsions by means of a CIvil action
(A) Any finanCial institution that violates this Section
shall be liable to the person Injured for the actual damages as determined by
a JUry, or a court sitting Without a JUry, but In no case less than two hundred
fifty dollars.
(B) Any financial Institution that Violates thiS Section
shall also be liable for reasonable attorneys' fees and court costs as
determined by the court In cases where the financlalmstitutlon has engaged
In a pattern of Wilful Violations, the financial institution shall be liable for
pUnitive damages not to exceed five thousand dollars per Violation
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(2) InJunction.
(A) Any financial institution that commits an act or
engages In any pattern and practice m violation of this Section may be
enjoined therefrom by any court of competent JUrisdiction
(B) Actions for inJunction underthis subsection may be
brought by any person mJured by a violation of this Section, by the City
Attorney, by the District Attorney, or by any person or entity which Will fairly
and adequately represent the mterests of the protected class.
(3) Nonexclusive Remedies and Penalties Nothmg in thiS
Section shall preclude any person from seekmg any other remedies,
penalties or procedures provided by law
(d) Pursuant to the trial court decIsion In Bank of America v. City, et
al , Case No 99-4817 (VRW) (US Dls1 Court, NO Cal ), which holds that
federal law preempts local regulation of national banks' A TM fees, this
Section 4 32.040 shall be suspended dUring the appeal of the trial court's
deCISion
SECTION 2. Any provision of the Santa Monica MUnicipal Code or appendices
thereto mconslstent With the proVIsions of thiS Ordinance, to the extent of such
mconsistencles 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
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Ordmance IS for any reason held to be mvalld or unconstituttonal by a decision of any court
of competent JUriSdiction, such decIsion shall not affect the validity of the remaming
portions of this Ord inance. The City Council hereby declares that it would have passed this
Ordmance and each and every section, subsection, sentence, clause, or phrase not
declared mvalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared mvalld 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
newspaper within 15 days after ItS adoption This Ordinance shall become effective 30
days from ItS adoption
APPROVED AS TO FORM:
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MAlRSHA JONESIMOUTRIE 0 L
Clty"Attorney \j
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Adoptedandapprovedthls26th day of September, 200
Ken Genser, Mayor
State of California )
County of Los Angeles) ss
City of Santa Momca )
I, Mana M Stewart, City Clerk of the CJty of Santa MOnica, do hereby certify that the
foregoing Ordinance No 1987 (CCS) had It'S Introduction on September 19, 2000, and
was adopted at the Santa MOnica City Council meeting held on September 26, 2000, by
the follOWing vote
Ayes' Council members McKeown, Feinstein, Bloom, Mayor Genser
Noes CouncIl members. Mayor Pro Tem O'Connor, Rosenstein
Abstain Council members None
Absent Council members Holbrook
ATTEST
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Mana M. Stewart, blty Clerk ~