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SR-8-C (11) . . . .. . . . f'-G SEP 8 1981 ?-i/Z- 006 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 tf-c SEP 8 1981 . . 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 -2- . . 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 . . 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: -2- . . 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, -3- . . 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 -4- . . 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 -5- . . . 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 -6- .. .. it . . 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: ~~~ ROBERT M. MYE~S City Attorney - . -7- . . t~. {} -f *'f} DISTRIBUTION OF RESOLUTION ~ ORDINANCE # /' ~ -, ,- ........ L _ Council Heetlng Date Introduced: _:-; __ (... - I / Agenda Item # /r: /" i..- > Adopted: -:( / Was it amended? ..~ '.T .r-- ---- J - ..... -~_;. F' . '--.- - -t I_\... VOTE: Affirmative: NegatIve: Abstain: Absent: r, ..... <...", .. DISTRI3UTIOX: ORIGINAL to be SIgned, sealed and filed In Vault. NEWSPAPER PUBLICATION (Date: :-,.1 t.-L J~;- (~ ) ) ~ ___ ~--i ~_..l' /1 ---~~- Department originating staff report ( City Attorney tfj~W:a::.. -alu:t, C--~~ ) Agency mentIoned in document or staff report ,t / l~ (certIfied?) Subject fIle (agenda packet) 1 ~.~ // Counter file 1 Others: AIrport ParkIng Auth. Auditotum Personnel / I I .' / { / J Building Dept. Planning - r--otlCe (en - / \-.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 < .- L /' fi-f '-- - < ".c Others. r /......... 1,,"-,/ TOTAL COPIES ~ . . 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 . . 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: -2- . . 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, -3- ~ . . 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 -4- . . 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 -5- . . 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 -6- . . 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: ti"J . ~ _ '""'- \ \_ ,~~....- ROBERT M. MYERS City Attorney ~-~- o -7- -- . . 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: t21-7t 7? ~ CITY CLERK