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CA:f:atty\muni\strpts\mjm\lwnclsr.2
city council Meeting 11-15-94
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Santa Monica, Californla
DEe 1 3 199"
TO: City Council
FROM: city Attorney
SUBJECT: Ordinance of the City Counc1l of the city of Santa
Monica Adding section 4.08.094 to the Municipal Code
Closing civic Center Grounds During Late Night Hours
INTRODUCTION
At its meeting on October 25, 1994, the city Council introduced for
first reading an ordinance of the City Councll of the city of Santa
Monica Adding section 4.08.094 to the Municipal Code closing C1V1C
center grounds during late night hours.
The ord~nance 1S now
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrle, Clty Attorney
DEt t 3 1994
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CA:f:\atty\muni\laws\mjm\lwnclsr
city Council Meeting 11-15-94
Santa Monica, Callfornla
ORDINANCE NUMBER 1784 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.094
TO THE MUNICIPAL CODE CLOSING THE CIVIC CENTER GROUNDS
DURING LATE NIGHT HOURS
WHEREAS, the Civic Center of the Clty of Santa Monlca consists
of the area bounded by Main Street, Plca Boulevard, 4th Street and
the Santa Mon~ca FreewaYi
WHEREAS, portions of the CiV1C Center are presently being used
by members of the publlC during all hours of the night for restlng
and sleeping;
WHEREAS, the public buildings wlthln the Civic Center are
closed dur1ng late night hours and are not accessible to the pub11C
during such hours, except for the Santa Monica Police Department
which is accessible through lts own, separate entrance to Clty Hall
at all times;
WHEREAS, the Civic Center area 1S neither lntended nor
suitable for all-night usage by the publ1C because, among other
things, adequate rest room facilitles are not avallable when the
bUlldlngs wlthln the Civic Center are closed and the Civic Center
1S not uniformly well lighted;
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WHEREAS, the public health, safety and welfare will be served
by closing the CiV1C Center for a l~mited t~me per~od during late
nighttime hours when public bUlldlngs there are closed;
WHEREAS, a closure of the ci V1C Center durlng late nlght
hours will not significantly impa1r the abillty of 1ndivlduals or
groups to peti tlon or express their views to their government
because governmental off lces are closed durlng those hours and
because nearby sidewalks w~ll remaln open to the public at all
times;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION L
Bectlon 4.08.094 1S added to the Santa Mon1ca
Munlcipal Code to read as follows:
Section 4.08.094 closure of ci vie Center
Grounds.
(a) Between the hours of 2:00 a.m. and 6
a. m., no person shall enter f remaln or be
present in or upon the Santa Monica Cl V1C
Center which 1S the area bounded by Main
street, Pico Boulevard, 4th street and the
Santa Monica Freeway.
(b) This sectlon shall not apply to
persons whose presence ~s authorlzed by either
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the city of Santa Monlca or the County of Los
Angeles, or lS ln con]Unctlon wlth an activity
that 15 authorlzed or permltted by the city of
Santa Monica or the county of Los Angeles, or
is in conjunction with gainlng ingress to or
egress from the Santa Monica Police
Department.
(c) ThlS
sectlon does not prohlbit
anyone from belng present at any tlme on a
sidewalk adjacent to any public street.
(d) Any person violatlng the provlslons
of thls seetlon shall be gUllty of a
misdemeanor and upon conviction shall be flned
in an amount not to exceed Flve Hundred
Dollars ($500) or lmprlsoned for a period not
be exceed SlX months, or both.
SECTION 2. Any provlsion of the Santa Monlca Munlcipal Code
or Appendices thereto inconsistent with the provisions of this
Ordlnance, to the extent of such inconsistencles and no further,
are hereby repealed or modlf led to that extent necessary to
effectuate the provisions of this Ordlnance.
SECTION 3. If any sectlon, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalld or
unconsti tutlonal by a declsion of any court of any competent
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]urlsdiction, such declsion shall not affect the valldity of the
remaining portions of this Ordlnance.
The Clty Council hereby
declares that lt would have passed thlS Ordlnance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalld or unconstltutional without regard to whether any portlon
of the Ordlnance would be subsequently declared lnvalld or
unconstltutional.
SECTION 4.
The Mayor shall sign and the city Clerk shall
attest to the passage of thlS Ordlnance.
The C1ty Clerk shall
cause the same to be publlshed once 1n the off ielal newspaper
within 15 days after lts adoption.
ThlS ordlnance shall become
effective after 30 days from lts adoptlon.
APPROVED AS TO FORM:
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MARSHA JQNES MOUTRIE
Clty Attorney
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Mayor
State of CalIfornia )
County of Los Angeles ) SS
CIty of Santa MOnIca )
I, Clance E Dykhouse, CIty Clerk of the Cuy of Santa MOllIca, do hereby certIfy that the
foregomg Ordmance No 1784 (CCS) had Its first readmg on October 25, 1994 and had Its
second readmg on December 13, 1994 and was passed by the followmg vote
Ayes' Councllmembers
Ebner, Greenberg, Holbrook, O'Connor, Rosenstern
Noes Councllmembers
Abdo, Genser
Abstam Councllmembers
None
Absent Councllmembers
None
ATTEST
A~~ /J~
(
City Clerk