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SR-6-U (2) e lp/,-pjl./-o2.e ~tI.. JAN 2 7 1981 DATE December 22, 1980 Mayor and City Council SIi TO, FROM City Staff r-r-~ ~ !"\ r- L_ ........ . ..... " ~ 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 SN of residences in the City of Santa Monica legally, even if the FEn ~ '"' < -, D 1 ~ '....,'-.11 ~tL JAN27 t9S' e e 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 e e 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 JFK:dw e -' - ro/~tJ/~~oz e CA:RMM:LMC:se 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 1 ..... e e 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 2 - . ~ e e ADOPTED AND APP~OVED THIS 8th DAY OF December , 1981. /"1 ! / /1 / / I 1/; / f~,f / /_ /-LLIL: .~i/ r;)L/ ~~ I if ,( LYI ,/1'(1. fA.11./ ' ...... ; J r-Y ~ './-'rvii"~"'.- -.. ~! \.-/ i; . " /, I /MA Y 0 R . (j I .f '-' 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: / / ~'~l ~ / ',ii ,>p' , "<" _'<.. ..~-c ''(..~ _ CITY CLERK . ~ J e lC/-C'/I/~02-- e b '\ C . - 1 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. ~. . ~ L, 7' ~ ;; ,': - . . - . _~/i-ii h/ ..........r:....AZU(+J-.-. ... .... . . . ..... 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