O1758
CA:f:\atty\muni\laws\mjm\solicit
City Council Meeting 8-2-94
Santa Monica, California
ORDINANCE NUMBER1758 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 4.08.750 TO THE
MUNICIPAL CODE PROHIBITING SOLICITATION IN CERTAIN
TYPES OF LOCATIONS
WHEREAS, solici tat ion of persons on public transportation
vehicles disrupts the free flow of transportation;
WHEREAS, solicitation of persons using outdoor dining areas
intrudes upon such persons' legitimate expectations that they will
be allowed to dine in .such location without interruption;
WHEREAS, solicitation of persons who are within fifty (50)
feet of automated teller machines poses particular potential for
intimidation and disruption of the public peace because of the
risks of theft at or near such machines;
WHEREAS, solicitation of persons in vehicles travelling on
public streets or in public parking structures poses safety hazards
and impedes the free flow of traffic;
WHEREAS, prohibiting solicitation in a limited number of
specified types of locations will not restrict expressive activity
1
gesture for money or for some other thing of
value.
(c)
this
Any person violating the provisions
section shall be guilty of a
of
misdemeanor and upon conviction shall be fined
an amount not to exceed Five Hundred Dollars
($500.00) or be imprisoned for a period not to
exceed six (6) months or both.
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, are
hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentencer clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any 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.
3
Adopted and approved this 2nd day of August, 1994.
g&A
Ma
I hereby certify that the foregoing Ordinance No. 1758 (CCS) was duly and regularly
adopted at a meeting of The City Council on the 2nd day of August, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Holbrook, Olsen, Rosenstein,Vazquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers:
Greenberg
ATTEST:
~4~(~