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SR-8-A (128) CA:f:muni\strpts\mjm\struclot.2 City Council Meeting 10-18-94 8A " Santa Monica, California OCT f 8 199% TO: Mayor and city Council FROM: City Attorney SUBJECT: Ordinance Adding Section 3.36.280 to the Santa Monica Munlcipal Code Regulating the Use of City Owned Parking Structures At its meeting on October 11, 1994, the City Council introduced for first reading an ordinance adding section 3.36.280 to the Santa Monica Municipal Code Regulating the Use of city Owned Parking structures. The ordinance is now presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, city Attorney OCT 1 8 1994 8A 1 ! f ~ CA:f:atty\muni\laws\mjm\struclot city Council Meeting 10-18-94 Santa Monlca, Callfornla ORDINANCE NUMBER 1772 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3.36.280 TO THE SANTA MONICA MUNICIPAL CODE REGULATING THE USE OF CITY OWNED PARKING STRUCTURES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and purpose. The Clty council finds and declares: (a) The City's SlX, multi-story Parking structures are designed and intended solely for use by persons who are parking and unparking vehicles, proceedlng to or from parked vehicles, or using the public restrooms located in the structures. (b) Because the Parking structures are located between 2nd street and the Third street Promenade and Fourth street and the Third Street Promenade some pedestrians traverse the ground floors of the Parking Structures to access the Promenade from Second street or Fourth Street. (c) Use of the Parking structures for other purposes lmpedes parking and the flow of traffic within the Parking structures. - 1 - (d) Moreover, any unnecessary pedestrlan traffic 1n the Parking Structures presents a potentlal safety hazard, particularly on floors above the ground floor where pedestrian traffic may not be anticipated by drivers. (e) Additionally, crimes against property and persons have occurred in the Parking structures, includ~ng a sign1ficant and increasing number of automobile burglaries. (f) Accordingly, the City Councll intends by thlS ordinance to promote the public health, safety and welfare by limiting the future potential for such crime, ensuring that those parking their vehicles ln the Parking structures may do so with a sense of security, reduclng safety hazards to drivers and pedestrlans, and ensuring that the parking and traffic flow in the structures is unimpaired. SECTION 2. section 3. 36 . 280 is hereby added to the Santa Monica Municipal Code to read as follows: 3.36.280 Regulation of City-owned Parklng structures. (a) No person may be present ln a City- owned Parking Structure unless he or she is engaged in one of the following actlvities or accompanying someone who is so engaged: (1) Parking or unparking a vehicle or riding in a vehicle which lS being parked or unparkedi - 2 - ( 2) Departing from after parking, or returning to, for unparking, a vehicle which is parked in the Parking structure; (3) Using or going to or from publlC restroom facilities located in the Parkl.ng structure; (4) Authorized by the City of Santa Monl.ca to be present. (b) Any person who violates the provlsions of thls sectlon shall be guilty of a misdemeanor punl.shable by a fine not to exceed Five Hundred Dollars ($500.00) or imprisonment for a perlod not to exceed six months. ( c) The term II City Owned Parking Structures" means the followlng structures, excepting retail or commercial space: (1) structure #1, located at 1234 4th street, Santa Monlca; (2) Structure #2, located at 1235 2nd street, Santa Monlca; (3) Structure #3, located at 1320 4th Street, Santa Monica; (4) structure #4, located at 1321 2nd Street, Santa Monica; - 3 - , . (5) structure #5, located at 1440 4th street, Santa Monica; (6) Structure #6, located at 1431 2nd Street, Santa Monica; SECTION 3. Any prov1sion of the Santa Monica Municipal Code or Appendices thereto inconsistent W1 th the provisions of thl.S Ordinance, to the extent of such inconsistencies and no further, are 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 l.nvall.d or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 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 5. 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 official newspaper - 4 - . - within 15 days after its adoption. This Ordinance shall become effective after 30 days from lts adopt~on. APPROVED AS TO FORM: -Il~~~_~ MARSHA JONE&! MOUTRIE . Clty Attor~y - 5 - t f?/~ Mayor State of CalifornIa ) County of Los Angeles) City of Santa MOnIca ) I, Beth Sanchez, City Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg Ordmance No 1772 (CCS) had Its first readmg on October 11, 1994 and had Its second readmg on October 18, 1994 and was passed by the followmg vote Ayes Councllmembers Genser, Greenberg, Holbrook, Olsen, Rosenstem Noes Councllmembers Abdo, Vazquez Abstam Councllmembers None Absent Councllmembers None ArrEST ~_fLN~ ---- .-( CIty Clerk