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JAN 2 7 1981
DATE
December 22, 1980
Mayor and City Council
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FROM
City Staff
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SUBJECT
Parked Vehicles Obstructing Sidewalks
Introduction
This report examines the need for amending Section 3337 of the
Santa Monica Municipal Code in order to prohibit the parking of
vehicles on public sidewalks.
Background
Section 3337 of the Santa Monica Municipal Code, as amended and
adopted September 14, 1971, specifies'
Driving on Sldewalk or Ocean Front Promenade. Except
as hereinafter provided in this Section no operator of
a motor vehicle shall drive on, over, along, or upon,
or park upon, any sidewalk, parkway, or curb, or on,
along, over, or onto, any sidewalk, parkway or curb,
other than on or over a regularly established driveway
or roadway.
The Chief of Police hereby is authorized and empowered
to grant permission under such regulations as he shall
deem necessary to protect the public safety and the
interests of the City to (a) any person to deliver
merchandise along the Ocean Front Promenade (b) any
person to operate tram cars on the Ocean Front Promenade
providing such person is not operating contrary to any
state law relative to public carriers for hire.
Notwithstanding any other provision of this Section, no
operator of a motor vehicle shall park upon any driveway
apron.
On September 28, 1977, then-Commissioner William D Burns, Jr.,
issued an opin1on (copy, including Diagram, attached) that, lilt
1S the opinion of thlS Court that the above-mentioned Section
(3337 S.M M C ) allows homeo~~ers and others to park on driveways
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of residences in the City of Santa Monica legally, even if the
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Mayor and City Council
December 22, 1980
Page 2
vehicle or portion thereof obstructs the continuous sidewalks.
"It 1S, however. in this Court's opinion. unlawful for a vehicle
to park on or obstruct any portion of the apron of said driveway. 11
Commissioner Burns apparently interpreted the phrase, ".
other
than on or over a regularly established driveway or roadwaytl to
apply to parking. as well as driving. on a sidewalk
Copies of
Commissioner Burns's opinion were made available to the three
Municipal Court Judges, and at least one of the Judges has since
cited the opinion 1n dismissing citations issued for obstructing
public sidewalks.
As a result, "Homeowners and others" are able to park their vehicles
and obstruct or even totally block a public sidewalk with impunity
as long as the vehicles are parked on residential driveways. This
not only presents an extreme inconvenience. but a definite safety
hazard, as well, to pedestrians walking on such obstructed public
sidewalks. Blind or otherwise handicapped person, in particular.
are confronted by unexpected obstacles on the sidewalk which could
result in additional injury.
Alternatives
1. Amend Section 3337 of the Santa Monica Municipal
Code to prohibit parking a vehicle where any portion
of such vehicle extends over any sidewalk, parkway
or curb. The following is a suggested amendment:
Section 3337. Driving on sidewalk or Ocean Front
Promenade. Except as provided in this section no
operator of a motor vehicle shall drive on, over,
along, or upon any sidewalk, parkway, or curb,
other than on or over a regularly established
driveway or roadway.
The Chief of Police hereby is authorized and empowered
to grant permission under such regulations as he shall
deem necessary to protect the public safety and the
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Mayor and City Council
December 22, 1980
Page 3
lnterests of the Clty to: (a) any person to dellver
merchandise along the Ocean Front Promenade (b) any
person to operate tram cars on the Ocean Front Promenade
providing such person is not operating contrary to any
state law relative to publlC carriers for hire.
Sectlon 3337A. Parking on sidewalk or Ocean Front
Promenade. Except as hereinafter provided no operator
of a motor vehicle shall park where any portion of
such vehicle extends over any sidewalk, parkway, curb
or driveway apron.
The Chief of Pollce hereby is authorized and empowered
to grant permission under such regulations as he shall
deem necessary to protect the public safety and the
interests of the city to: (a) any person to deliver
merchandlse along the Ocean Front Promenade (b) any
person to operate tram cars on the Ocean Front Promenade
providing such person lS not operating contrary to any
state law relative to public carriers for hire.
Notwithstanding any other provision of this Section, no
operator of a Eotor vehicle shall park upon any driveway
apron.
2. Do not amend Section 337 of the Santa Monica Municlpal
code, which would contlnue to permit operators of motor
vehicles to park their vehicles in such a manner as to
obstruct public sldewalks with impunity as long as the
vehicles are also parked on a residential driveway.
The adoption of alternative J.l would enable the Police Department
to issue parklng c1tations for, and thus discourage, parking vehicles
ln such a manner as to obstruct public sidewalks wlthin the city.
Public sidewalks are designed specifically for the safe travel of
gedestrians. Pedestrian travel on publLc sidewalks should not be
impeded or obstructed by vehicles parked on or off private driveways.
Recommendation
It lS recommended the City Counci~ direct the city Attorney to
prepare an ordinance amending Section 3337 of the Santa Nonica
. Mayor and C1ty COU~l
December 22, 1980
Page 4
~un~c1pal Code as proposed 1n alternative #1.
Prepared by: James F. Keane
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Clty Councll Meetlng 12-8-81
Santa Monlca, Californla
ORDINANCE NUMBER 1237
(City Counc11 Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SECTION 3375D OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO IMPOUNDING
VEHICLE PARKED ON STREET
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS;
SECTION 1. Sectlon 33750 of the Santa Monica MunicIpal Code
is amended to read as follows:
Section
33750.
Impoundlns
VehIcle
Parked on Street. Any vehlcle which has been
parked or left standIng on any street, alley
or publIC way for a perIod longer than 72
consecutive hours may be removed by any
police officer pursuant to Sectlon 22651 of
the Vehicle Code of the State of Callfornla.
SECTION 2.
Any provisIon of the Santa MonIca MunlClpal
Code or appendlces thereto Inconsistent wIth the provlslons of
thls ordlnance, to the extent of such inconsistencles and no
further, are hereby repealed or modIfIed to that extent necessary
to affect the provisIons of thlS ordinance.
SECTION 3. If any sectIon, subsectlon, sentence, clause,
or phrase of this ordInance IS for any reason held to be Invalld
or unconstitutional by a deCISIon of any court of any competent
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JurIsdictIon, such decisIon shall not affect the valIdIty of the
remaInIng portIons of the 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
lnvalid or unconstltutional.
SECTION 4. The Mayor shall sIgn and the CIty Clerk shall
attest to the passage of thIS ordinance. This City Clerk shall
cause the same to be published once in the offIcIal newspaper
wlthln 15 days after ltS adoption.
The ordInance shall become
effectlve after 30 days from its adoptIon.
APPROVED AS TO FORM:
~-.~-
Robert M. Myers
Clty Attorney
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ADOPTED AND APP~OVED THIS
8th
DAY
OF December
, 1981.
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r HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1237(CC5), WAS DULY AND REGULARLY INTRODUCED AT A
r1EETING OF THE CITY COUNCIL ON THE
24th DAY OF November,
1931; THAT THF SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A ~1EETING OF THE CITY COUUCIL OH THE 8th DAY OFDecember
1 981 BY THE F 0 '_ L 0 lH N G CO U N elL V 0 T E :
, \
AYES: COUNCILMEMBERS: Connt Edwards, Jennings, Press,
Reed, Zane, Mayor Yannatta Goldway
rWES: COUNCrU>1P1BERS: None
ABSENT:. COUNCIU1EtlGERS: None
ABSTAIU: COUNCILMEi1BERS: :Jone
ATTEST:
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CITY CLERK
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PROOF OF PUBLICATION
(1015 5 C C p )
Thrs space is for the County Clerk's FJling Stamp
STATE OF CALIFORNIA.
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaId, I am over
the age of eighteen yeMS. and not a party to
or Interested m thE" above-entitled matter I
am the prrnclpal clerk of the printer of the
Proof I
E~ING OUTLOOK
a newspaper of general Circulation, printed
and published. ?~~.ly ex<:e~~. ~~~~"....
SANTA MONICA
In the City of ........ '" .... .. .. .....
County of Los Angeles. and whIch
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles. State of
CalifornIa, under the date of.~~~..~~ 19 };,
Case Number .. ~l~~?-:?....., that the notl ce,
of whIch the annexed IS a prmted copy (set
In type not smaller than nonpareIl), has
been published In each regular and entire
Issue of said newspaper and not In any
supplement thereof on the follOWIng dates,
to-Wit
Dee 18
all In the year 1981
I certify (or declare) under penalty of
per I ury that the foregorng IS true and
correct
Dated at
SANTA MONICA
California. thiS Dee {\8, 1981.
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Signature
Free top,es of thiS blink lorm m~v bl! letured from
CALIFORNIA NEWSPAPER SERvtCE
BUREAU, INC.
Legal AdvertiSing Clearmg House
South Spring St . Los Angeles, Calrf 90012
Telephone: 625-2141
Please requell GENERAL Proof of Publlution
when ordenng'"" lorm
-dut; I '-I(
ORDI'.\ 'ICE NUMBER 1%37
ICuy Coupcil Series)
AN ORDlNA"I;CE OF THE CITY COUNCIL OF
THE CITY OF SA"IilTA MONICA AMEl'iDING
SEcrlON 3375D OF THE SANTA MONICA
MUNICIPAL CODE RELATING TO IMPOU'ID-
ING VEHICLE PARKED OS STREET
THE CITY COUNCIL OF THE CITY OF
SANT A MONICA nOES ORDAIN AS FOLLOW~
SECTION 1 Section 3375D of the Santa MODlCd
MUDlclpal Cod{' .<, .lmended to read 88 follow8
!'iN'Holl 11,'.1) JmpGundtnll Vehlrh'
l"llrked on ~II.. I Any vehlrl~ wh1ch hlUi
bfoen parked OJ left standmg on any streel,
alley or publIc w.ly for a period longer than
72 consecutive hours may be removed by
any polIce ofh~er pursuant to Section 22651
of the Vehicle Code of the State of
Cahforma
SECTION 2 Any prOVIsion of the Santa MOnica
MunICIpal Code or appendIces thereto mconsls-
tent WIth the prOVISIons of thIS ordmance, to the
extent of such InCOnSistencies and no further, are
hereby repealed or modifIed to that extent
necessary to affect the proVISIOns of thIS or.
dmance
SECTION 3 If any sectIOn, subsection.
sentence, clause. or phrase of tillS ordmance IS for
anv reason held to be mvahd or unconstitutIonal
by' a decISiOn of any court of any competent
JurIsdIctIOn, such decISIOn shall not affect the
valIdity of the remauung portions of the or-
dinance The City Council hereby declares that ]t
would have passed thiS ordInance and each and
everv sectIon. subsectIon, sentence. clause or
phraSe not declared lfivahd or uRconst]tutlonal
Without regard to wbether any portion of the
ordmance would be subsequently declared lDvahd
or unconstitutIonal
SECTION 4 The Mayor shall Sign and the CIty
Clerk shall attest to the passage of tillS ordinance
nus City Clerk shall cause the same to be
pubhshed once In th.e offICial newspaper WIthin 15
days after ds adoption The ordmance shall
become effective after 30 days from its adoptiOn
ADOPTED Al'lD APPROVED THIS 8TH DAY
OF DECEMBER. 1981
Is! Rt:TH YANNATI'A GOLDWAY
Mayor
I hereby certify that the foregomg Ordmance.
No 1237 (eCS), was duly and regularly mtroduced
at a meeting of the City CounCil on the 24th day of
November I 1981. that the saId ordmance was
thereafter duly adopted at a meeting of the City
Councll OIl the 8th day of December 1981. by the
followmg counCIl vote
A YES COUNCILMEMBERS Conn, Edwards.
Jennmgs, Press. Rped. Zane, Mayor Yannatta
Go!dway
NOES COUNCIL\1EMBERS None
ABSENT COllNl'ILMEMBERS None
ABST AIN
COUM'ILMEMBERS None
ATTEST
isl ANN 1\1. SHORE
CIty Clerk
Pub Dee 18-1981