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SR-8-B (119) --~ ....- 88 APR 2 6 1994 Santa Monica, California \ 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. 1 APR _2 6 199't 8~j . ... .. 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 2 ... ~ 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 Santa Mon1ca Municipal Code Sect10ns 4.08.090, 4.08.092 and 4.08.094 are hereby repealed 1n their entirety.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 1 .. 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: - ~ , .. ! .' .. ./-'--..J0L I_.~____ "J ~'"- . ~ ....#", -, l_.__( MARSHA JONES MOUTRIE City Attorney 2 , . ' Adopted and approved thIS 26th day of Apnl. 1994 Mayor '~ {A-l 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 ~i:~~::o ~:sIsta~ CIty Clerk ./