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CA:f:atty\muni\strpts\mjm\solicit2 c4~q&b~~
City Council Meeting 8-2-94 Santa Monica,
TO: Mayor and city Council
FROM: City Attorney
SUBJECT: Ordinance of the city Council of the City of Santa Monica
Adding section 4.08.750 to the Municipal Code Prohibiting
Solicitation in certain Types of Locations
INTRODUCTION
At its meeting on July 26, 1994, the city Council introduced for
first reading an ordinance adding Section 4.08.750 to the Municipal
Code Prohibiting Solicitation in certain Types of Locations. 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:f:\atty\muni\laws\mjm\solicit
City Council Meeting 8-2-94 Santa Monica, California
ORDINANCE NUMBER1758 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 4.08.750 TO THE
MUNICIPAL CODE PROHIBITING SOLICITATION IN CERTAIN
TYPES OF LOCATIONS
WHEREAS, solicitation of persons on public transportation
vehicles disrupts the free flow of transportation;
WHEREAS, solicitation of persons using outdoor dining areas
intrudes upon such persons' legitimate expectations that they will
be allowed to dine in such location without interruption;
WHEREAS, solicitation of persons who are within fifty (50)
feet of automated teller machines poses particular potential for
intimidation and disruption of the public peace because of the
risks of theft at or near such machines;
WHEREAS, solicitation of persons in vehicles travelling on
public streets or in public parking structures poses safety hazards
and impedes the free flow of traffic;
WHEREAS, prohibiting solicitation in a limited number of
specified types of locations will not restrict expressive activity
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because ample alternative locations where solicitation may be
undertaken remain available.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. section 4.08.750 is added to the Santa Monica
Municipal Code to read as follows:
Section 4.08/750. solicitation Of Persons
In Certain Locations - Prohibited.
(a) It shall be unlawful for any person
to solicit another who is in any of the
following locations:
(1) In a public transportation
vehicle;
(2) In the outdoor dining area of a
restaurant or similar establishment which
- serves food for immediate consumption;
(3) Within eighty (80) feet of an
automated teller machine;
(4) In a vehicle travelling on a
public street;
(5) In a public parking structure.
(b) For purposes of this section,
"solicit" means to ask another by word or
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gesture for money or for some other thing of
value.
(c) Any person violating the provisions
of this section shall be guilty of a
misdemeanor and upon conviction shall be fined
an amount not to exceed Five Hundred Dollars
($500.00) or be imprisoned for a period not to
exceed six (6) months or both.
SECTION 2. Any provision of the Santa Monica Municipal Code or
Appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to affect the
provisions of this ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be inva 1 id or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision 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, subsection, 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.
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SECTION 4. 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 official newspaper within 15
days after its adoption. This Ordinance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
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city Attorney
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Adopted and approved tlus 2nd day of August, 1994
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I hereby certIfy that the foregomg Ordinance No. 1758 (CCS) was duly and regularly
adopted at a meeting of The CIty CouncIl on the 2nd day of August, 1994, by the following
Council vote
Ayes Councllmembers Abdo, Genser, Holbrook, Olsen, Rosenstem, Vazquez
Noes: Councilmembers: None
Abstam: Councilmembers' None
Absent Councllmembers Greenberg
A TrEST
APvc~
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City Clerk