SR-8-C (11)
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SEP 8 1981
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CA:RMM:r
Clty Council Meeting 9-8-81
Santa Monlca, Callfornia
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Emergency Ordinance to Amend Municlpal Code
Section 3376
At its meeting on September 1, 1981, the city Council
dlrected the city Attorney to prepare an emergency ordlnance
to amend Santa Monlca Municlpal Code Sectlon 3376(d) relating
to the sale of vehicles on publlc streets.
Under the City Charter, the amendment of subdivislon
(d) of Santa Monlca Municlpal Code Sectlon 3376 requires the
readoption of the entire section.
(See Santa Monica City
Charter Section 621.) Therefore, the accompanying ordinance
readopts Section 3376 in lts entirety.
No changes have been made ln subdivisions (a), (b),
(c), and (e), except that subdivlsion (e) has been redesig-
nated subdivls10n (f). Subdivlslons (d) and (e) are new and
are directed to the problem of selling vehicles on public
streets.
Subdivision (d) of the proposed ordinance prohlbits the
displaYlng, offering for sale, and sale of any veh1cle on the
street other than by means of sign. Thus, this subdlvision
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SEP 8 1981
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regulates the activ~ty of conducting a sales transaction for
a vehicle parked on a public street.
Subdivision (e) prohibits the same conduct, ~nclud~ng
by use of signs, in any residential d~strict of the C~ty.
S~nce commercial activity is restricted in resident~al dis-
trlcts, it IS an approprIate tIme, place and manner restric-
tion on commercial speech to prohibit the displaying of "For
Sale" s~gns on vehicles parked on streets ~n residential
distr~cts.
RECOMMENDATION
It ~s respectfully recommended that the accompanYIng
ord~nance be ~ntroduced and adopted.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:r
City Council Meeting 9-8-81
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SECTION 3376 OF THE SANTA MONICA
MUNICIPAL CODE AND DECLARING THE PRESENCE
OF AN EMERGENCY
WHEREAS, Santa Monica Munic~pal Code Section 3376(d)
prov~des that l1[n]o person shall stand or park a vehicle upon
any street for the purpose of displaYlng such veh~cle for
sale by sign or otherwisell; and
WHEREAS, ~n Tepper v. Keane, Los Angeles Superior
Court, Case Number C 289298, the constitutionality of Santa
Monica Municlpal Code Section was challenged; and
WHEREAS, a final judgment has been entered ln Tepper v.
Keane en]Oinlng the Clty of Santa Monica from enforcing Santa
Monica Mun~cipal Code Section 3376(d) and any subsequently
enacted ordinance prohiblting the parking of an automoblle on
any street with a llFor Salell sign affixed to it without
regard to t~me, place, and manner; and
WHEREAS, public streets in the city are currently being
used for the purpose of dlsplaying and selling automobiles;
and
WHEREAS, the d~splaying and selling of automobiles on
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public streets of the City ~s creat~ng traffic congestat~on
and endangering the safety of both pedestrians and veh~cle
userSi and
WHEREAS, public streets of the City are not appropriate
places to display automobiles for sale to prospect~ve buyers;
and
WHEREAS, the placement of "For Sale" signs on vehicles
~s likely to cause people passing by to stop to inspect the
vehicle that ~s be~ng offered for sale, which is not the case
w1th other types of advert~sing placed on veh~cles; and
WHEREAS, the displaying of automob1les on streets
requ1res prospective buyers to enter onto the street for pur-
poses of inspection; and
WHEREAS, the display~ng and selling of automob~les 1S
currently tak1ng place in residential distr1cts of the C~ty
by non-residents of those distr1cts, interfering with the use
and enjoyment of their homes by residents; and
WHEREAS, commercial act1vity is restricted In the Rl,
R2, R2-R, R3, and R4 distrIcts of the City 1n order to
preserve the residential character of these distr1ctsi and
WHEREAS, commercial activity on streets in residential
districts should be restricted; and
WHEREAS, injuries to persons or property may occur if
immediate actIon is not taken to address the problem,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
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SECTION 1. Section 3376 of the Santa Monica Municipal
Code is amended to read as follows:
Section 3376. Unlawful Park-
ing--peddlers, Vendors.
(a) Except as otherwIse pro-
vided In this sectIon, no person
shall stand or park any vehicle, wag-
on or push car from which goods,
wares, merchandise, fruits, veget-
ables, or foodstuffs are sold, dis-
played, solicited or offered for
sale, or bartered or exchanged on any
street, or on any other public pro-
perty, excepting only at the request
of a bona fide purchaser for a period
of time not to exceed ten minutes at
anyone place. The provisions of
this section shall not apply to per-
sons deliverIng any such articles
upon order of, or by agreement with a
customer from a store or other fIxed
place of business or dIstributIon.
(b) No person shall park, or
stand on any street or on any other
publIC property any pushcart from
WhICh tamales, peanuts, popcorn,
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candy, ice cream or other articles of
food are sold or offered for sale,
without first obtaining a written
permlt to do so from the Chief of
Pollce, who shall designate the
speciflc location ln WhlCh said cart
shall stand. No pushcart shall stand
or park other than between of the
hours 6:30 P.M. and 2:00 P.M. of the
following day on any street.
(c) No person shall stand or
park on any street or on any other
public property any lunch, meal, or
eatlng cart or vehicle, WhlCh has
otherwise complied with the provi-
Slons of this Chapter, on any street
without flrst obtainlng a written
permit from the Chief of Police,
which permit shall designate the
specific locatlon in which such cart
or vehicle shall stand. No permit
shall be lssued for any location or
within two hundred feet of any inter-
sectlon or within two hundred feet of
the nearest property llne of any
public school, or within flve hundred
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feet of any established restaurant,
cafeteria, lunch counter or eating
place.
{d> No person shall stand or
park a vehicle upon any street for
the purpose of displaying such veh-
~cle for sale or offering for sale or
selling such vehicle other than by
means of sign.
(e) In the Rl One Fam~ly Resi-
dential D~strict and in the R2, R2-R,
R3, and R4 Mult1ple Res1dential Dis-
tricts, no person shall stand or park
a vehicle upon any street for the
purpose of displaY1ng such a veh~cle
for sale by S1gn or otherwise.
(f) Whenever any perm~t is
granted under the provisions of th1s
section and a particular locat~on to
park or stand is specified there~n,
no person shall park or stand any
veh~cle, wagon or pushcart on any
location other than as des1gnated 1n
such permit. In the event that the
holder of any such permit is con-
victed in any Court of competent
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Jurisdiction of vlolating any of the
provisions of this section, such per-
mit shall be forthwith revoked by the
Chief of Pollce upon the filing of
the record of such convictlon wlth
the Chlef of Police, and no permit
shall thereafter be issued to such
person, withln the period of six
months from the date of such revoca-
tion.
SECTION 2. This ordlnance is declared to be an emer-
gency measure adopted pursuant to the provisions of Sectlon
615 of the Santa Monica City Charter and is necessary for
preserving the public peace, health and safety, and the
urgency for 1tS adoption 1S set forth in the f1nd1ngs above.
SECTION 3. Any provlsion of the Santa Mon1ca Municipal
Code or appendices thereto inconsistent w1th the provisions
of this ordinance, to the extent of such incons1stencles and
no further, is hereby repealed or mod1fied to that extent
necessary to affect the provisions of this ordinance.
SECTION 4. If any section, subsection, sentence,
clause, or phrase of th1S ordlnance is for any reason held to
be invalid or unconstitutlonal by a decislon of any court of
competent Jurisdiction, such decision shall not affect the
validity of the remainlng portions of the ordlnance. The
City Council hereby declares that it would have passed this
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ordinance and each and every sectlon, subsectlon, sentence,
clause, or phrase not declared lnvalld or unconstltutional
without regard to whether any portlon of the ordinance would
be subsequently declared lnvalld or unconstltutional.
SECTION 5. The Mayor shall sign and the Clty Clerk
shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once in the
official newspaper withln 15 days after its adoptlon. The
ordinance shall become effective on the date of lts adoption
pursuant to Section 619 of the Santa Monlca City Charter.
APPROVED AS TO FORM:
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ROBERT M. MYE~S
City Attorney
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DISTRIBUTION OF RESOLUTION ~
ORDINANCE #
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Council Heetlng Date
Introduced:
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Agenda Item #
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Adopted:
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Was it amended?
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VOTE: Affirmative:
NegatIve:
Abstain:
Absent:
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DISTRI3UTIOX:
ORIGINAL to be SIgned, sealed and filed In Vault.
NEWSPAPER PUBLICATION (Date:
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Department originating staff report (
City Attorney tfj~W:a::.. -alu:t, C--~~ )
Agency mentIoned in document or staff report
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(certIfied?)
Subject fIle (agenda packet)
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Counter file
1
Others:
AIrport
ParkIng Auth.
Auditotum
Personnel
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Building Dept.
Planning
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\-.forcemen t? J
EnVIron. Servo
Finance
PurchaSIng
Fire
Recr/Parks
General Servo
TransportatIon
LIbrary
Treasurer
Manager
II!
SE~D JW{JCOPIES OF ALL ORDINANCES
TO CODED SYSTEMS Attn Peter M~€lea~e
PROFESSIOXAL 'CENTER lotal
ROUTE 71
BRIELLE, NEW JERSEY 08730
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Others.
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TOTAL COPIES
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CA:RMM:r
C~ty Council Meeting 9-8-81 Santa Monica, Californ~a
ORDINANCE NUMBER 1225
(Clty Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SECTION 3376 OF THE SANTA MONICA
MUNICIPAL CODE AND DECLARING THE PRESENCE
OF AN EMERGENCY
WHEREAS, Santa Monica Municipal Code Section 3376(d)
provides that "(nlo person shall stand or park a vehlcle upon
any street for the purpose of displaying such vehicle for
sale by sign or otherwise"~ and
WHEREAS, in Tepper V. Keane, Los Angeles Superior
Court, Case Number C 289298, the constitutionality of Santa
Monlca Municipal Code Section was challenged; and
WHEREASr a final judgment has been entered in Tepper v.
Keane enjoining the City of Santa Monica from enforcing Santa
Monica Municipal Code Section 3376(d) and any subsequently
enacted ordinance prohiblting the parking of an automobile on
any street with a "For Sale" sign afflxed to lt wlthout
regard to time, place, and manner; and
WHEREAS, public streets in the City are currently being
used for the purpose of displaying and selling automobiles;
and
WHEREAS, the displaying and selling of automobiles on
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publlC streets of the City is creating traffic congestation
and endangering the safety of both pedestrians and vehicle
users: and
WHEREAS, public streets of the City are not appropriate
places to display automobiles for sale to prospective buyers;
and
WHEREAS, the placement of "For Salel1 signs on vehicles
is likely to cause people pass1ng by to stop to inspect the
vehicle that is being offered for sale, which is not the case
with other types of advertising placed on vehicles; and
WHEREAS, the displaying of automobiles on streets
requires prospective buyers to enter onto the street for pur-
poses of inspection; and
WHEREAS, the displaying and selling of automobiles 1S
currently tak1ng place in res1dentlal districts of the City
by non-resldents of those districts, interfering with the use
and enjoyment of their homes by residents: and
WHEREAS, commercial activity is restricted in the Rl,
R2, R2-R, R3, and R4 districts of the City in order to
preserve the residential character of these districts; and
WHEREAS, commercial activity on streets in residential
districts should be restricted:. and
WHEREAS, injuries to persons or property may occur If
lmmedlate action 1S not taken to address the problem,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
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SECTION 1. Sect~on 3376 of the Santa Monica Munlcipal
Code 1S amended to read as follows:
Section 3376. Unlawful park-
ing--peddlers, Vendors.
(a) Except as otherwise pro-
vided in thlS section, no person
shall stand or park any vehicle, wag-
on or pushcart from which goods,
wares, merchand1se, fru1ts, veget-
ables, or foodstuffs are sold, dis-
played, solicited or offered for
sale, or bartered or exchanged on any
street, or on any other public pro-
perty, excepting only at the request
of a bona fide purchaser for a period
of time not to exceed ten minutes at
anyone place. The provisions of
this section shall not apply to per-
sons delivering any such articles
upon order of, or by agreement with a
customer from a store or other fixed
place of business or distribution.
(b) No person shall park, or
stand on any street or on any other
public property any pushcart from
which tamales, peanuts, popcorn,
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candy, ice cream or other articles of
food are sold or offered for sale,
wlthout first obtalning a written
permit to do so from the Chlef of
Police, who shall designate the
specific location in which sald cart
shall stand. No pushcart shall stand
or park other than between of the
hours 6:30 P.M. and 2:00 P.M. of the
following day on any street.
(c) No person shall stand or
park on any street or on any other
public property any lunch, meal, or
eating cart or vehicle, which has
otherwise complied wlth the provi-
sions of this Chapter, on any street
without first obtaining a written
permit from the Chief of police,
which permit shall designate the
specific location in which such cart
or vehicle shall stand. No permit
shall be issued for any location or
within two hundred feet of any inter-
section or within two hundred feet of
the nearest property line of any
public school, or wlthin five hundred
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feet of any established restaurant,
cafeteria, lunch counter or eating
place.
(d) No person shall stand or
park a veh~cle upon any street for
the purpose of displaying such veh-
icle for sale or offering for sale or
selling such vehicle other than by
means of s~gn. Any vehicle parked on
any street ~n violat~on of this sub-
sect~on may be removed from the
street by any peace officer.
(e) In the Rl One Family
Residential District and in the R2,
R2-R, R3, and R4 Multiple Residential
Districts, no person shall stand or
park a vehicle upon any street for
the purpose of displaying such a
vehicle for sale by sign or other-
wise. Any veh~cle parked on any
street in violation of this subsec-
tion may be removed from the street
by any peace off~cer.
(f) Whenever any permit is
granted under the provisions of this
section and a particular location to
park or stand is specified therein,
no person shall park or stand any
vehicle, wagon or pushcart on any
location other than as designated in
such permit. In the event that the
holder of any such permit is con-
victed in any Court of competent
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jurisd~ction of violating any of the
provisions of th1s section, such per-
mit shall be forthwith revoked by the
Chief of Police upon the fil~ng of
the record of such conviction with
the Ch~ef of Police, and no perm~t
shall thereafter be issued to such
person, with1n the period of six
months from the date of such revoca-
tion.
SECTION 2. This ordinance is declared to be an emer-
gency measure adopted pursuant to the provisions of Section
6lS o~ the Santa Monica City Charter and is necessary for
preserving the public peace, health and safety, and the
urgency for its adoption is set forth in the findings above.
SECTION 3. 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 affect the provisions of this ordinance.
SECTION 4. If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held to
be inval1d or unconstitutional by a decision of any court of
competent jurisdiction, such decis~on shall not affect the
validity of the remain1ng portions of the ordinance. The
City Council hereby declares that it would have passed th~s
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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 inval~d or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk
shall attest to the passage of this ord~nance. The City
Clerk shall cause the same to be published once ~n the
official newspaper within IS days after its adoption. The
ordinance shall become effective on the date of its adoption
pursuant to Section 619 of the Santa Monica City Charter.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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ADOPTED AND APPROVED THIS 8TH DAY OF SEPTEMBER, 1981.
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NUMBER 1225
(CCS), WAS DULY AND REGULARLY INTRODUCED AND
ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 8TH DAY OF
SEPTEMBER, 1981, BY THE FOLLOWING VOTE:
AYES:
COUNCILMEMBERS CONN, EDWARDS, JENNINGS,
PRESS, REED, ZANE, AND MAYOR GOLDWAY
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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CITY CLERK