SR-6-C (140)
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CA:atty\muni\strpts\rnjm\solicit MAY 1 0 199't
City Council Meeting 5/10/94 Santa Monica, California
STAFF REPORT
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: An Ordinance Of The city Council Of The City Of Santa
Monica Adding Section 4.08.740 To The Municipal Code
Prohibiting Aggressive Solicitation.
At its meeting on April 26, 1994, the City Council
introduced for first reading an ordinance of the City council of
the city of Santa Monica adding Section 4.08.740 to the Municipal
Code prohibiting aggressive solicitation. 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
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CA:MJM:muni\laws\m)m\panhand
City Council Meetlng 5-10-94 Santa MonIca, California
ORDINANCE NUMBER 1741 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.740
TO THE MUNICIPAL CODE PROHIBITING AGGRESSIVE SOLICITATION
WHEREAS, all persons In the city of Santa Monica share the
common right to make lawful use of the city's streets, sidewalks,
and other public places; and
WHEREAS, solicitat~on T.vhich intImldates and menaces others
hinders the free exercise of that right and thereby impairs the
public welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. section 4.08.740 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4.08.740. Aggressive
Solicitation - Prohibited.
(a) It shall be unlawful for any person
to solicit by harassing or menaclng another
person on a publlC street or sidewalk or in
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another place open to the publ~c, whether
publicly or prlvately owned.
(b) For purposes of this Article:
(1) "Solicit" means to ask another
by word or gesture for money or for some other
thing of value.
(2) IISolicit by harassing or
menacing II means to do any of the following
while soliciting:
a. Block or impede the
passage of the solicitee lntentionally;
b. Touch the solicltee with
the intent to intimldate or coerce;
c. Follow the solicitee,
going behind, ahead or along side of him or
her, wlth the ~ntent to lntimldate or coerce;
d. Threaten the solicitee, by
word or gesture, with physlcal harm; or
e. Abuse the solicitee with
words which are offensive and inherently
likely to provoke an immediate violent
reactlon.
( c) Any person vl01ating the provisions
of this Sectlon shall be guilty of a
misdemeanor and upon convlction shall be fined
an amount not to exceed F~ve Hundred Dollars
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($500.00) or be irprlsoned for a perlod not to
exceed SlX months or both.
SECTION 2. Any prov~sion of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
ordinance, to the extent of such inconslstencies and no further, are
hereby repealed or modified to that extent necessary to affect the
provisions of this Ord~nance.
SECTION 3. If any seCI:~on, subsection, sentence, clause, or
phrase of this Ordinance lS for any reason held to be invalid or
unconstitutional by a declsion of any court of any competent
jurisdiction, such declsion shall not affect the validity of the
remaining portions of thlS 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 unconstltutlonal wlthout regard to whether any portion
of the Ordinance vlOuld be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of thlS Ordinance. The city Clerk shall cause
the same to be published once ~n the official newspaper within 15
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days after its adoption. This Ordinance shall become effective
after 30 days from its adopt~on.
APPROVED AS TO FORM:
'11L.~SL.~:)uat~
MARSHA JONES OUTRIE
City Attorney
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Adopted and approved thIS 10th day of May, 1994
a.~/6
IV Mayor
I hereby cemfy that the foregomg Ordmance No 1741 (CCS) was duly and regularly
adopted at a meetIng of the CIty CouncIl on the 10th day of May. 1994. by the followmg
CouncIl vote
Ayes: CouncIlmembers Abdo. Genser, Greenberg. Holbrook. Olsen. Rosenstem.
Vazquez
Noes Councllmembers: None
Abstam. Councllmembers' None
Absent CounclImembers None
ATIEST
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Cay Clerk
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