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City Council Meeting 10-18-94
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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
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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.
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(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
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( 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;
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(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
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within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from lts adopt~on.
APPROVED AS TO FORM:
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MARSHA JONE&! MOUTRIE .
Clty Attor~y
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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
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CIty Clerk