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O2271F:\atty\m u n i\share\laws\mj m\P romen adeBenchesOrd 2d City Council Meeting: September 9, 2008 Santa Monica, California ORDINANCE NUMBER 2271 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROHIBITING SOLICITING FROM PUBLIC CHAIRS AND BENCHES ON THE THIRD STREET PROMENADE WHEREAS, the Third Street Promenade is a three-block pedestrian street in the heart of Santa Monica's downtown and a major attraction for residents, workers and visitors; ahd WHEREAS, tens of thousands of people visit the Promenade and adjacent areas of the Transit Mall every week; and WHEREAS, among the visitors to the Promenade and Transit Mall are many elderly people, young children, persons with limited mobility and others who need to sit and rest during visits to the Promenade; and WHEREAS, the Promenade and Transit Mall have a very limited seating capacity relative to their number of visitors; and WHEREAS, the public benches and chairs on the Promenade provide seating for only about 100 people; and WHEREAS, adjacent areas of the Transit Mall have seating for only about 200; and 1 WHEREAS, during more crowded times, there are as many as 5,000 to 10,000 people per block on the Promenade; and adjacent Transit Mall WHEREAS, because the amount of public seating is so very low relative to the number of visitors and because many visitors have special needs for respite, the City must preserve the shared use of the limited seating for its purpose of facilitating temporary respite; and WHEREAS, panhandling and other forms of solicitation are very common on the Promenade and adjacent Transit Mall; and WHEREAS, persons soliciting donations have begun using the Promenade and Transit Mall chairs and benches as a location for their activity; and WHEREAS, such persons tend to locate on one chair or bench and use it for an extended period of time as long as several hours or more; and; WHEREAS, this extended use of the public seating for extended periods of time for personal gain monopolizes the limited seating and defeats its purpose of shared temporary use; and WHEREAS, in order to preserve shared use of the Promenade and Transit Mall seating, the City Council has already prohibited use of the public seating for street performance; and WHEREAS, in order to further protect shared usage of the limited seating, it is also necessary to prohibit solicitation from public benches and chairs on the Promenade; and 2 WHEREAS, prohibiting solicitation from the chairs and benches will not prohibit any person or groups of persons, including panhandlers and other solicitors from using the street furniture for temporary respite; it will merely ensure shared use; and WHEREAS, prohibiting solicitation from the street furniture will not discriminate based upon the content of any solicitors message; rather, if will simply restrict the location of the activity of solicitation; and WHEREAS, prohibiting solicitation from street furniture will not prohibit anyone from soliciting on the Promenade or elsewhere; merely from using the street furniture for that activity; and WHEREAS, enacting this prohibition will ensure that the chairs and benches on the Third Street Promenade and adjacent Transit Mall are available for shared use by all who need temporary respite. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Chapter 4.54 is hereby amended by adding Section 4.54.035 to read as follows: 4.54.035 Soliciting is prohibited while seated on or otherwise using a public bench or chair on the Third Street Promenade or on either Santa Monica Boulevard or Broadway in the blocks between the west side of Second Street and the east side of Fourth Street. 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 3 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 newspaper within 15 days after its adoption. This. Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: I MA HA J S MO RIE City ttorn 4 Approved and adopted this 16th day of September, 2008. State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2271 (CCS) had its introduction on July 23`d, 2008, and was adopted at the Santa Monica City Couhcil meeting held on September 16'h, 2008, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver Mayor Katz, Mayor Pro Tem Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: None A summary of Ordinance No. 2271 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Maria Stewart, City Clerk