SR-8-B (78)CA:t:muni~strpts~mjm\struclat
City Council Meeting 10-11-94
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
Santa Monica, California
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SUBJECT: Ordinance Adding Section 3.36.280 ta the Santa
Monica Municipal Code Regulat~ng the Use of
City Owned Parking Structures
Introduction
At its meeting on May 31, 1994, the City Council di.rected legal
staff to prepare an ardinance liiniting use of the City-owned
parking structures to their intended purposes, In response to
that directive, legal staff has prepaxed the attached ordinance
which is presented for the Ci.ty Council's consideration.
Proposed Ordinance Regulatinq Use Of The City's Parkinq Structures
The propased ardinance would regulate parking structures thraugh
the addition of Section 3.36.280 to the Santa Monica Municipal
Code. It would allow a person ta be Yn a City-awned parking
structure only if he or she were engaged in, or accompanying
sameone who raas engaged in, one af the ~ollowing activities:
parking or unparking a vehicie, proceeding to or from a parked
vehic].e, using or travelling to or from a public restroom, or
traversi.ng through the structure on the lower f~oors. Any person
nat engaqed in ane of these activities would be guilty of a
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misdemeanor if he or she failed or refused to leave after
receiving a warning from a police officer, public officer, or
parking attendant. Any person authorized by the City of Santa
Monica to be present in the structure would be exempt fram the
restrictions imposed by the ordinance. Moreover, the ordinanc~
would not apply to the retail or commercial space in the
structures.
when the cauncil directed the preparation of this ordinance,
indivadual council members made various requests regarding its
content. Specifically, council members requested that the
ordinance be drafted to allow members af the public to use the
public restrooms and to trav~rse the parking structures i~ order to
enter and leave the Third Street Promenade. The proposed ordinance
expressly permits these uses. Additionally, a council memb~r noted
that persans who have parked in a structure may linger there and
chat prior to their departure. The proposed language meets this
cancern as well: no vialatian can occur until a person has been
warned and has, nevertheless, refused or failed to leave following
that particular warning, Therefore, standing and chatting by one's
~ehicle cou~d never, in itself, constitute a vialation.
Additionally, the City Council di~ected legal staff's attentian to
the fact that the parking structures will have attendants within
the next year and that metered parking will therefore be
eliminated. Accordingly, the ardinance specifies that warnings may
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be providad by parking attendants as well as by police officers and
public officers.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
introduced for first reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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CA:f:atty\muni~laws\mjm\struclot
City Council Meeting 10-11-94 Santa Monica, California
ORDINANCE NUMBER
(City Council Series}
AN ORDiNANCE OF THE CITY C~UNCIL OF THE
CITY OF SANTA MONICA ADD~NG SECTION 3.3b.280 TO THE
SANTA MONICA MUNICIPAL CODE REGULATTNG THE
USE OF CITY OWNED PARKING STRUCTURES
THE CITY C~UNCIL ~F THE CITY QF SANTA MQNICPs DQES QRDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds and
declares:
(a} The City's six, multi-story Parking Structures are
designed and intended solely for use by persans who are parking and
unparkinq vehic2es, proceeding 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 Pramenade and Fourth Street and the
Third Street Promenade some pedestrians traverse th~ ground
floors of the Parking Structures to access the Pramenade from
Second Street or Fourth Stre~t.
(c) Use of the Parking Stx-uctures for other purposes impedes
parking and the Elow of traffic within the Parking Structur~s.
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(d) Moreaver, any unnecessary pedestrian traffic in the
Parking Structures presents a potentia~ safety hazard, particularly
on floors above the ground flaor where pedestrian traffic may not
be unanticipated by drivers.
(e} Additionally, crimes against propert~ and persans have
occurred in the Parking Structures, including a significant and
increasing number of automobile burglaries.
(f) Accordingly, the City Council intends by th~s ordinance
to promote the public health, safety and welfare by limiting the
future patential for such crime, ensuring that those park~ng their
vehicles in the Parking Structures may da sa wi~h a sense of
security, reducing safety hazards to drivers and pedestrians, and
ensuring that the parking and traffic flow in the structures is
unimpaired.
SECTION 2. 5ection 3.36.280 is hereby added to the Santa
Manica Municipal Cflde to read as follows:
3.36.280 Regulat~on ot City-owned Parking
Structures.
(a} No persan may be present in a City-
owned Parking 5tructure unless he or she ~.s:
(1) Parking or unparking a vehicle
or riding in a vehicle which is being parked or
unparked;
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(2) Departing ~rom or returning to
a vehicle which is parked in the Parking
Structure;
(3) Using or going to or from pub].ic
restroom facilities located in the Parking
Structure;
(4} Tra~ersing the Parking Structure
an its ground or first flaar; or
(5} Authorized by the City of 5anta
Manica to be present.
{b) No persan shall be in violation of
tha.s Section until he ~r she has refused or
failed ~o leave the Parking Structure following
a warning of the restrictions imposed by this
Section given by any poiice officer, public
officer or parking attendant. Any person who
violates the provisians of this s~ction shall
be guilty of a misdemeanor punishable by a fin~
not to exceed Five Hundred Dallars ($500.00} or
imprisonment far a period nat to exceed six
months.
(c} The term "City Owned Parking
Structures" means the following structures,
excepting retail or commercial space:
1} Structure #1, ~ocated at 1234
4th Street, Santa Monica.
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(2) 5tructure #2, located at 1235
2nd Street, Santa Monica.
(3) Structure ~3, ~acated at 1324
4th Street, Santa Monica.
(4) Structure #4, located at 1321
2nd Street, Santa Monica.
(5) Structure #5, loca~ed at 1440
4th Street, Santa Monica.
(6) Structure #6, located at 1431
2nd Street, Santa Monica.
SECTION 3. Any provision of the Santa Monica Municipal Code
or Appendices thereto inconsistent with the pravisions of this
Ordinance, to the extent ot such inconsistencies and no further,
are hereby repealed or modified to that extent necessary ta affect
the provisions of this Ordinance.
SECTION 4. If any secti~n, subsection, sentence, c~ause, or
phrase of this Ordinance is for any reason held to be invalid or
uncanstitutional by a decision of any court of any campetent
jurisdiction, such decision shall not affect the ~a~idity af 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
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of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECT~ON 5. The Mayor shall sign and the City Clerk shall
attest to the passage af this Ordinance. The City Clerk shall
cause th~ same to be published ance in the official newspaper
within 15 days after its adoption. This Ordinance shall becam~
effective after 30 days from ~ts adoption.
APPROVED AS TO FaRM:
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%~?~~L.cz~~: .`~!~~~ /~~~~_~f
MARSHA JONES"MOUTRIE
City Attarney
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