SR-8-B (119)
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APR 2 6 1994
Santa Monica, California
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CA:f:atty\muni\strpts\mtt\repeal2
City Council Meeting 4-26-94
STAFF REPORT
TO: Mayor and city Council
FROM: city Attorney
SUBJECT: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REPEALING SANTA MONICA MUNICIPAL CODE
SECTIONS 4.08.090 AND 4.08.092(f) REGARDING SLEEPING IN
THE PARKS AND EXEMPTING VIOLATORS OF SECTION 4.08.090
FROM PROSECUTION UNDER SECTION 4.08.091 AND DECLARING THE
PRESENCE OF AN EMERGENCY
This proposed emergency ordinance would repeal two provisions
of the Santa Monica Municipal Code. section 4.08.090 currently
prohibits any person from sleeping or loitering upon any public
beach, public park or public playground between the hours of
midnight and 5:00 A.M. the next morning, except when a permit has
been issued. Section 4.08.092(f) provides an exception to section
4.08.091, which prohibits a person from entering designated public
parks between the hours of midnight and 5:00 A.M. the next morning
if the person is in violation of Section 4.08.090; the exception
allows persons who are sleeping to be present in the park.
Adoption of this ordinance will repeal both sections.
since this is an emergency ordinance, it requires five votes
of the City Council for adoption. If adopted, this ordinance would
become effective immediately.
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APR _2 6 199't
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RECOMMENDATION
It is respectfully recommended that the accompanying
emergency ordinance be adopted.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Martin T. Tachiki, Chief Deputy City Attorney
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CA:f:atty\muni\laws\mtt\repea13.ord
City Council Meeting 4-26-94
Santa Monica, California
ORDINANCE NUMBER1738 (ces)
(City council series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA REPEALING SANTA MONICA
MUNICIPAL CODE SECTIONS 4.08.090, 4.08.092 AND
4.08.094 REGARDING SLEEPING IN THE PARKS AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Santa Mon1ca Municipal Code Sect10ns 4.08.090,
4.08.092 and 4.08.094 are hereby repealed 1n their entirety.
SECTION 2. Pursuant to City Charter section 615, the City
Council finds this measure to be urgent due to the need for
immediate enforcement of this Ordinance in order to address
felonious conduct in the C1ty's pub11C parks.
SECTION 3.
This Ordinance is declared to he an urgency
measure adopted pursuant to the prov15ions of Section 615 of the
Santa Monica city Charter.
It 15 necessary for preserving the
pUblic peace, health and safety, and the urgency for its adoption
is set forth in Section 2 above.
SECTION 4. Any provis1on of the Santa Monica Municipal Code
or appendices thereto lnconsi5tent Wl th the provisions of this
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Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such declsion 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, subsectlon, 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 6.
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 officlal newspaper
within 15 days after lts adoption.
This Ordlnance shall become
effective upon adoption.
APPROVED AS TO FORM:
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MARSHA JONES MOUTRIE
City Attorney
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Adopted and approved thIS 26th day of Apnl. 1994
Mayor
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I hereby certIfy that the foregomg Ordmance No 1738 (CCS) was duly and
regularly adopted at a meetIng of the CIty CouncIl on the 26th day of Apnl. 1994, by the
followmg CouncIl vote'
Ayes Councllmembers' Genser, Greenberg, Holbrook, Olsen. Rosensteln
Noes Councdmembers Abdo, Vazquez
Abstam: Councdmembers None
Absent Councllmembers None
ATTEST
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~:sIsta~ CIty Clerk ./