SR-8-A (55)
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CIty CouncIl MeetIng 4-________~-
Santa MonIca, CalIfornIa
STAFF REPORT
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APR 0 9 1985
TO Mayor and CIty CouncIl
FROM' CIty Attorney
SUBJECT' OrdInance AddIng SectIon 3358 to the
Santa MonIca MunICIpal Code to ProhIbIt
the Occupancy of VehIcles In CertaIn
ReSIdentIal DIstrIcts Between the Hours
of 12:00 a.m and 5:00 a m
At Its meetIng on February 26,
1985, the CIty CouncIl
dIrected the CIty Attorney to prepare an ordInance addIng
SectIon 3358 to the Santa MonIca MunICIpal Code to prohIbIt
the occupancy of vehIcles In certaIn reSIdentIal dIstrIcts
between the hours of 12:00 a.m. and 5:00 a.m.
In response to
thIS dIrectIon, the accompanYIng ordInance has been prepared
and IS presented for CIty CouncIl consIderatIon.
A detaIled analysIs of the legal Issues related to the
accompanYIng ordInance
IS contaIned In the CIty Attorney's
Staff Report consIdered 11) connectIon WIth the January 29,
1985,
CIty CouncIl meetIng on the homeless
The accompanYIng
ordInance balances the competIng Interests of homeless persons
reqUIred to sleep In thelr cars and reSIdents concerned about
neIghborhood safety.
That segment of the homeless communIty
who use thelr vehIcles as theIr prImary means of shelter
utIllze resIdentlal streets because reSIdentIal
areas are
essentIally safer and provIde less rIsk of physlcal harm,
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harassment,
and theft than parkIng
In commercIal streets and
lots,
wIth hIgh pedestrIan and vehIcular traffIc.
ReSIdents
In areas where occupIed vehIcles are parked for prolonged
perIods also have legItImate conCerns related to whether or
not the IndIvIduals are harmless or surveYIng the neIghborhood
for crImInal actIvIty.
The accompanYIng ordinance has the
advantage
of
partIcularlIzed
responSIveness to cItIzen
complaInts
In addItIon, because the ordInance IS lImIted to
resIdentIal dIstrIcts,
overnIght parkIng IS stIll generally
permItted on a number of streets In the GIty In other
dIstrIcts.
RECOMMENDATION
It IS respectfully recommended that the accompanYIng
ordInance be Introduced for fIrst readIng
PREPARED BY:
Robert M. Myers
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CIty CouncIl MeetIng 4-9-85
Santa Monica, CalIfornIa
ORDINANCE NUMBER
(CIty CouncIl SerIes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION
3358 TO THE SANTA MONICA MUNICIPAL CODE
TO PROHIBIT THE OCCUPANCY OF VEHICLES
IN CERTAIN RESIDENTIAL DISTRICTS BETWEEN
THE HOURS OF 12:00 A,M. AND 5:00 A M.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS'
SECTION 1.
SectIon 3358 IS added to the Santa MonIca
MunICIpal Code to read as follows:
SectIon 3358. V~hlcle occupancy
RestrIctIons.
No
vehIcle
occupIed by any
person
for
more than 30 mInutes
between the hours of 12:00 a m. and
5:00 a.m.
shall be parked on any
street In the R-1, R-2, R-2-R, R-3, or
R-4 ReSIdentIal DIstrIcts after any
occupant of such vehIcle has been
ordered by a peace offIcer to move
such vehIcle from such street
SECTION 2.
Any provISIon of the Santa MonIca MunICIpal
Code or appendIces thereto InconSIstent WIth the provISIons of
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thIS ordInance, to the extent of such InconsistencIes and no
further1
are hereby repealed or modifIed to that extent
necessary to affect the provisions of thIS ordinance.
SECTION
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If any section,
subsection,
sentence,
clause,
or phrase of thIS ordInance IS for any reason held to
be Invalid or unconstItutIonal by a declslon of any court of
any competent Jurisdiction, such decision shall not affect the
validity of the remaining portlons 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 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 offlcal
newspaper within 15 days after
Its adoption.
ThIS ordInance
shall become effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M MYERS
Clty Attorney
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