O1987 (2)
f:\atty\muni\laws\mjm\atmsuspend-1.wpd
City Council Meeting 9-26-00
Santa Monica, California
ORDINANCE NUMBER 1987 (CCS)
(City Council Series)
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 OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Section 4.32.040 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 4.32.040 Automated teller machine surcharges.
(a) Definitions. The following words and phrases shall have the
following 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 ATM. 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 industrial loan 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 kind on a user for accessing an ATM 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.
(8) 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 financial institution 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 in violation of this Section may be
enjoined therefrom by any court of competent jurisdiction.
(B) Actions for injunction under this subsection may be
brought by any person injured 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 interests of the protected class.
(3) Nonexclusive Remedies and Penalties. Nothing in this
Section shall preclude any person from seeking any other remedies,
penalties or procedures provided by law.
(d) Pursuant to the trial court decision in Bank of America v. City, et
aI., Case No. 99-4817 (VRW) (US Dist. Court, ND 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 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
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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 ofthis 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
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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Adopledandapprovedlhis26th day of September, ~. = _
Ken Gense7: M~ --...
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City 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:
It.~ .~~...}
Maria M. Stewart, Ity Clerk