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SR-8B (22) CA:f:atty\muni\strpts\psh city Council MeetIng 9-13-94 ~ 88 Santa Monica, California SEP 1 3 199'1 TO: Mayor and city council FROM: City Attorney SUBJECT: An Ordinance of the CIty Council of the City of Santa Monica Adopting the InitIative Measure on Park Closures, SOlicitation, Camping and Procedures Relating to the ProvIsion of Services to the Homeless At Its meetIng on September 7, 1994 the CIty CouncIl introduced for first reading an ordinance of the CIty CouncIl of the Clty of Santa Monica adopting the inItIatIve measure on park closures, solicitation, campIng and procedures relating to the provIsion of services to the homeless. 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 Moutrle, City Attorney SEP 1 3 1991t 88 CITY CLERK:CED: (PC:AM:\wpdocs\adwln\pshsord) Clty Council Meecing: 9/13/94 Santa Mon~caf Callfornla ORDINANCE NUMBER 1768 (Clty Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE INITIATIVE MEASURE ON PARK CLOSURES, SOLICITATION, CAMPING AND PROCEDURES RELATING TO THE PROVISION OF SERVICES TO THE HOMELESS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: Purposes The Clty CounCll enacts thlS ord~nance to accompllsh.t~e following purposes: 1. To provlde for a balanced approach to the homeless problem "'" In Santa Monlca, as recommended in the Homeless Task Force Report entltled A Call To Action, dated December 1991, by combln~ng social services and houslng programs for the homeless Wl th measures deslgned to protect the public safety and well-belng of all Santa Monlca resldents and vlsitors. 2. To protect publlC access to Santa Monlca's parks and other publlC places by establishlng reasonable hours for park closure, by prohlbitlng camping except in designated areas as determlned by the Clty Counell and by prohlbltlng abuslve solicitation. 3. To provlde the Santa Monlca Police Department with laws regulating use of Santa Monica parks, abuslve solicltation, and camping in publlC places that will better enable the Police Department to protect the publlC safety of Santa Monica's resldents 1 and vlsltors 4. To support the Santa Monlca Pollce Department's enforcement of laws designed to protect the publlC safety of Santa Monlca's residents and visltors. 5. To establlsh an annual opportunlty for the Santa Monica Police Department to lndlcate whether it has adequate resources and personnel to fully and fairly enforce this Ordinance and other laws deslgned to protect the public safety of Santa Monlca's resldents and vlsitors. 6. To ensure effectlve and efflclent dellvery of homeless serVlces by requlring the Clty Councll to adopt and annually reVlew a coordlnate~ plan for homeless serVlces In order to maXlmlze the efficlency and cost-effectlveness of these serVlces to a reasonable number of homeless reciplents. The plan shall take lnta account the Clty'S llmlted flnancial, geographical and soclal resources, all other demands on these resources, and services provlded ln nelghboring communitles. 7. To establlsh a quarterly reVlew of statistlcs indicating the dlSposltion of arrests arlslng from enforcement of thlS ordlnance. Flndlnqs and Declaratlons The City Cauncll of the Clty of Santa Monlca flnds and declares. 1. The City of Santa Monlca expends substantlal amounts of money annually to provide a broad array of social serVlces to homeless persons in Santa Monlca, ;'" 2 . The City of Santa Monica has made substantial 2 mod~flcatlons to lts Zonlng Ordlnance Slnce 1990 to encourage the p~OVlSlon of affordable houslng, lncluding homeless shelters and transltional housing, for homeless persons In Santa Monica; 3. The City of Santa Monica has provlded substantlal funds to assist wlth the development and operatlon of houslng for homeless persons In Santa Monica; 4. The Santa Monica City Council recently voted to open an additlonal homeless shelter at 505 Olympic Boulevard that will provlde temporary lodging facllities for 75 to 100 homeless persons nlghtly, 5. The Clty of Santa Monlca has establlshed a program called "SHWASHLOCK, ~' whereby homeless persons In Santa Monlca have access to lockers, laundry and shower facllities on Clty-owned property located at 505 Olymplc Boulevard, Santa Monlcai 6 The City of Santa Monlca has a dlsproportionately large populatlon of homeless persons Wlthin lts boundarles, In comparlson to o~her cltles wlthln the Los Angeles region; 7 In March 1991, the City of Santa Monlca convened a Homeless Task Force conslstlng of a diverse group of community leaders to develop a serles of recommendations addressing hamelessness ln Santa Monlca, 8. In December 1991, the Homeless Task Force submitted a wrltten report to the Santa Monlca City Council entltled A Call To Action, which contains a comprehenslve set of recommendatlons for changes In local po1icles and practlces concernlng the homeless, lncludlng recommendations concerning ways to improve publlC safety i 3 9. The Clty has failed to take approprla~e steps to lmplement the recommendatlons of the Homeless Task Force concern~ng publ~c safety; 10 The Santa Monica Pol~ce Department has been lmpeded by C~ty offlclals lD lts efforts to fully and falrly enforce the laws designed to protect publlc safety In Santa Monlca' s parks and other public places; 11 In recent years Santa Monlca has experlenced a dramatic ~ncrease In "panhandllng" or slm~lar Sollcltatlon actlvlty lTI public places; 12. Such panhandling or slmilar sollc~tation activlty lS sometimes conducted In an abus~ve, threatenlng or lntlmldat.::..ng manner, or In locations which are inapproprlate for such activlty because persons sollc~ted lD such locatlons are especlally vulnerable to lntlmidation; 13 In recent years Santa Monlca has experlenced a slgnlflcant lncrease in the number of persons llving lD Santa Monlca publlC places, lncludlng ltS parks. ThlS slgnlficant increase ~n people livlng in Santa Monica's parks and other publlC places has contrlbuted to ~ncreased crlmlnal actlvlty and a serious deterioratlon In the physlcal conditlon of the community's parks and public places; 14. Many resldents, especlally senior cltlzens, women and parents wlth young chlldren, have stopped using certalD parks and frequentlng other publlC areas ln the Clty because they feel unsafe; ..,. 4 15. It 1S crit1cally 1mportant that the Santa Mon1ca Pollce Department have the full support of the Clty Council, Clty Manager and Clty Attorney, and all others actlng under thelr direction and control, ln enforclng this initlatlve ordinance and other measures des1gned to protect the publlC safety of Santa Monlca res1dents and V1Slt.ors, and 16. It is also vltally important that the Santa Monica Pollce Department have sufflcient resources and personnel to enforce thlS and other measures deslgned to protect the publlC safety of Santa Monica resldents and Vlsltors NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY ORDAINS AS FOLLOWS: SECTION 1. Bectlon 4.08.091 of Chapter 4.08 of the Santa Monlca Munlclpal Code is hereby amended to read as follows' 4.08.091 Park Closure. (a) No person shall enter, remaln or be present ln any of the fcllowlng City of Santa Monica parks between the hours of 11 p.m. and 6 a.m.: (1) Ashland Park; (2) Beach Park #1; (3) Beach Park #4 (Lifeguard Headquarters) 1 (4) Clover Park; (5) Crescent Bay Park; (6) Douglas Park; (7) Hotchkiss Park, (8) Joslyn Park, (9) Llncoln Park; (10) Los Amlgos Park, (11) Marlne Park; (12) Memorlal Park; (13) Ocean Vlew Park, (14) Ozone Park; (15) Paciflc Street Park; (16) Park Drlve park; (17) Schader Park, (18) Stewart Street Park, (20) Vlrglnla Avenue Park (b) No person shall enter, remaln or be present ln pallsades Park between the hours of 12 mldnlght and 5 a.m. ., 5 (C} ThlS Bectlon shall not apply to any publl.c sidewalk lmmediately adJacent to any publlC street or hlghway, or to any street or highway WhlCh traverses any park, lncludlng the Santa Monica Munic~pal Pler access road or walkway and any portlon of Callforn1a Avenue. SECTION 2. Sectlon 4.08.092 of Chapter 4.08 of the Santa Monlca Munlclpal Code is hereby amended to read as follows: 4.08.092 Exceptions. The prohibltlons contalned ln Sectlon 4.08.091 shall not apply to (a) Law enforcement officers, or other publlC offlclals or lnd~vlduals ~ct1ng under the authorlty of the Santa Monlca Pollce Department or Clty Manager, where they have reason to be present In a partlcular park for reasons of public safety I emergency I or offlcial Clty business. (b) Persons present In a park in connectlon w1th an actlvity that 1S authorlzed or permltted by the Clty of Santa Monlca. SECTION 3. Section 4.08.093 of Chapter 4.08 of the Santa Mon1ca Municlpal Code 1S hereby amended to read as follows 4.08.093 Penaltles. Any persons violat~ng the provlslons of Sectlons 4.08 _ 091 through 4.08 095 shall be guilty of a m1sdemeanor and upon conv1ction shall be f1ned ln an amount not to exceed Flve Hundred Dollars ($500) or lmprlsoned for a perlod not to exceed six months, or both. In the case of a person who lS granted probat1on for repeated vlolatlon of any offense under Sections 4.08.091 through 6 4.08095, the court may ~ssue, or d~rect the lssuance of, an l~Junction or ~stay away~ order to abate and prevent the contlnuance or recurrence of such violation. SECTION 4. Section 4.08.095 of Chapter 4 08 of the Santa Monlca Mun~cipal Code is hereby repealed and replaced w~th the followlng; 4.08.095 Proh~bitlon Aqa~nst Camplnq in PubllC Places. (a) No person shall camp in a prohiblted publlC place. (b) For the purpose of thlS Section. (1) 11 Camp 11 shall mean to erect, maintaln or occupy a camp facllity for the purpose of Ilving accommodatlons. (2) "Camp facility~ shall mean one or more of the followlng' tents, huts, other temporary physlcal shelters, cots, beds, sleeplng bags, hammocks, or bedrolls. (3) "prohibl ted public place 11 shall mean any of the follow~ng. the publlC parks Ilsted ln Section 4 08.091, publ~c beaches, the Santa Monica Munlcipal pier, publlC streets, public alleyways, publlC parking lots, publlC passageways, publlC rlghts-of-way, publlcly-owned landscaped areas or greenbelts, publlc educatlonal lnstltutlons lncludlng propertles owned by the Santa Monlca-Malibu Unlfied School D~strlct or Santa Monica College, or other government-owned propertles located with~n the City of Santa Monlca. (c) The Clty Councll may, by majorlty vote, establlsh one or more speclfled camplng areas. Such camping areas, if any, may be located ln prohlb~ted publlC places, except that such camping areas .. 7 shall not be located wlthlTI the public parks Ilsted lD Seetlon 4.08 09l. (d) ThlS Sectlon shall not take effect untll March 1, 1995. SECTION 5. Article 4 of the Santa Monica Municlpal Code is hereby amended to add Chapter 4.54 as follows: CHAPTER 4.54 PROHIBITION AGAINST ABUSIVE SOLICITATION Sectlons: 4.54.010 4.54.020 4.54.030 Purpose. Definltions. Locatlons Where Solieltatlon Is Prohlbited. 4 54.040 Penaltles. 4 54 010 Purpose. It 18 the lutent of thlS Chapter to impose reasonable place and manner 11mltatlons on sollcitation, as defined hereln, In order to protect the safety of the general public agalnst abuslve sollcltatlon whlle respecting the constltutlonal rlght of free speech. 4.54.020 Definltions. The following words or phrases as used In thlS Chapter shall have the followlng meanlngs: (a) llSollCltatlonll shall mean any request made ln person seeklng an lmmedlate donation of money or other ltem of value. A person shall not be deemed to be In the act of sollcitation when he or she passively displays a sign or gives any other lndlcatlon that he or she lS seeklng donat~ons wlthout addresslng his or her ,. 8 sollcltatlon to any speclflc person, other than In response to an lnquiry by that person. (b) r1Donationll shall mean a gift of money or other item of value and shall also lnclude the purchase of an ltem for an amount far exceedlng lts value under Clrcumstances where a reasonable person would understand that the purchase is ln substance a 91ft. (c) r1AbUSlve Solicltationll shall mean to do one or more of the following while engaglng lil sollcltation or lmmediately t.hereafter: (l) Coming closer than three feet to the person sollclted unless and untll the person sollclted lndicates that he or she wlshes to make a donatlon; (2) Blocking or lmpedlng the passage of the person ~ sollclted; (3) Followlng the person soliclted by proceedlng behind, ahead or alongslde of hlm or her after the person sollclted decllnes to make a donatlon; (4) Threatening the person sollcited wlth physlcal harm by word or gesture; (5) Abuslng the person sollcited with words WhlCh are offenslve and inherently llkely to provoke an lmmediate vlolent reactlon; (6) Touchlng the sollcited person wlthout the soliclted person's consent, or (7) Engaglng ln Sollcltation actlvlty ln any of the prohlblted places specified in Sectlon 4.54.030. 9 4 54 030 Locatlons Where Solicltatlon Is Prohlblted. Sollcitat1on shall be prohib~ted when the person Sollc1ted 1S In any of the follow1ng locat1ons: (a) Bus stops; (b) Public transportat1on veh1cles or racil1tles; (c) A vehicle on public streets or alleyways; (d) Public parking lots or structures; (e) Outdoor d~ning areas of restaurants or other dlDlng establ~shments serv~ng food for ~mmed~ate consumpt~on, (~\ .L) W~th~n 50 feet of an automated teller mach~ne, or (g) A queue of f~ve or more persons wait~ng to galn adm~ss~on to a place or veh~cle, or wa1t~ng to purchase an ~tem or adm~ss~on t1cket. 4.54.040 Penaltles. Any person who engages ~n abus~ve SollcJ.tatlon as deflned hereln shall be gUllty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed Five Hundred Dollars ($500) or be lmprlsoned for a period not to exceed 5J.X months, or both. SECTION 6. Chapter 2.69 is hereby added to Article 2 of the Santa MonJ.ca MunlcJ.pal Code as follows: CHAPTER 2.69 COORDINATED DELIVERY OF SERVICES TO THE HOMELESS Sectlons: 2 69.010 Adoption of Coordlnated Plan. 2.69 020 Annual ReVlew 2.69.030 Publ1C Hearlngs. 10 2.69.010 Adoptlon of Coordlnated Plan No later than April 30, 1995, the Clty Councll shall adopt a plan for the coordlnation of serVlces provlded to the homeless by the Clty and by soclal serVlce organlzatlons recelving Clty fundlng. The primary goal of thlS plan shall be to maXlffilze the efflcient and cost-effective dellvery of services to a reasonable number of homeless reclplents taklng into account the Clty'S Ilmlted flnanclal, geographlcal and soclal resources, all other demands on these resources, and serv~ces provlded In nelghborlng communltles. The plan shall be deslgned to. (a) Effectively assist the homeless ln returnlng to a self- sufflcienc _s~atus; (b) Monltor the progress of indlvidual recipients, (c) Ellminate unnecessary dupllcatlon of serVlceSi .; (d) Emphaslze long-term solutions to homelessness by combinlng housing, counsellng and job tralnlng; (e) Provide non-houslng serVlces for approxlmately the same number of homeless people as can be temporar~ly sheltered 10 the Clty, (f) Prevent an lncrease and, wherever feaslble, reduce, overall City expenditures relatlng to homeless serVlceSi and (g) Impose reasonable tlme Ilmlts on the provlsion of serVlces to the same lndlvlduals. 2 69.020 Annual Review. At least once during every twelve-month perlod after adoptlon of the coordlnated plan reql.l.lred by Seetlon 2.69.010, the Clty 11 Councll shall assess the effectlveness of the plan ln accompllshlng lts prlmary goal and varlOUS obJectlves, and shall evaluate the effectiveness, efflclency and cost of serVlces to the homeless provided by the City and each soclal serVlce agency recelvlng Clty f~ndlng. To ald ~hlS annual review, the Clty Council may commlSSlon an J.ndependent audlt of Clt- fundlng provided for services to ~he homeless At the concluslon of the Clty Councll's annual review, the Clty Councll shall make such changes ln the plan as are approprlate lTI order to most effectl vely lmplement the plan's primary goal and objectlves and shall make related flndlngs. 2.69.030 PubllC HearlnqR. In connection wlth the annual reVlew requlred by Sectlon 2 69.020, the Clty Council shall hold one or more publlc hearlngs regarding: (a) the lmpact of the Clty'S homeless populatlon on other resldents of the Clty, (b) the effectiveness of the delivery of serVlces to the homeless by the CJ.ty and varlOUS soclal serVlce agencles, (c) the cost of those servlces, and (d) the changes which should be made in the plan ln order to carry out ltS prlmary goal and ltS obJectives as required under Sectlon 2.69 010. SECTION 7 The Clty Councll, and those actlng under their directlon and control, shall take all steps reasonably necessary to provlde the Santa Monlca Pollce Department with the support, resources and personnel requlred to fully and falrly enforce thlS '" 12 O~dinance and other legal measures deslgned to protect the publlc safecy of Santa Monlca's resldents and vlsltors, lncludlng California Penal Code Sectlon 647(i) and Callfornla BUSlness and Professions Code Sectlon 22435.2. SECTION 8. Except as speclfically referenced hereln, no prOVlSlon of thlS measure shall be amended by the Clty Council except upon the afflrmatlve vote of at least three quarters of the Clty Councll. SECTION 9 No later than December 31, 1995, and at least once every three months thereafter, the Santa Monlca City Attorney shall provlde the City COUDC1I wlth a wrltten report summarlzlng the d~Sposlclon of all cases initlated as a result of arrests for violatlon of this Ordlnanee, California Penal Code Section 647(1) and Callfornla BUSlness and Professlons Code Section 22435 2. The Clty Attorney's Offlce shall work ln cooperatlon with the Santa Monlca Pollce Department In complling these statlstlCS. The report shall include statistles on the number of arrests for vlolatlng this Ordlnance, Callfornia Penal Code Seetlon 647(1) or California BUSlness and Professlons Code Sectlon 22435.2 WhlCh dld not result ln the flllng of a crlmlnal action agalnst the arrested person. SECTION 10. No later than July I, 1996, and no less frequently than each 12 months thereafter, the Clty Council shall hold a publlc hearlng for the purpose of sollciting input from members of the public concerning the effectlveness of thlS measure In achievlng lts stated purposes. As part of thlS perlodic review, the Clty Council shall conslder any relevant lnformatlon offered by 13 the Chlef of Police concernlng whether the Santa Monlca Pollce Department has sufflclent resources and personnel to fully and falrly enforce thlS Ordinance and other legal measures aeslgned to protect the publlC safety of Santa Monlca's resldents and Vlsltors. SECTION 11. If any sectlon, subsectlon, sentence, clause, phrase or portlon of thlS Ordlnance, or appllcatlon thereof to any person or clrcumstance, is for any reason held to be lnvalid or unconstltutlonal by the declslon of any court of competent ]urisdlctlon, such declslon shall not affect the valldlty of the remalnlng portlons of this Ordlnance which can be given effect wlthout the lnvalld provlslon or application, and to thlS end the provislons a! thlS Ordinance are declared to be severable. The Clty Councll of the City of Santa Monlca hereby declares that they would have adopted this Ordlnance and each sectlon, subsection, sentence, clause, phrase or portion thereof, irrespectlve of the fact that anyone or more sectlon, subsectlon, sentence, clause, phrase or portlon, or the application thereof, may be declared lnvalld or unconstltutlonal. ThlS Ordlnance shall be llberally construed to achleve the purposes of thlS Ordlnance and to preserve lts valldlty. SECTION 12. If this Ordlnance and any other lnconslstent, alternative, or confllcting ordlnance are both passed by ma]Orltles votlng thereon at the same tlme on the same ballot, then the one wlth the most votes shall prevall. The one with the lesser votes shall be deemed to be lnconsistent and In conflict wlth this Ordlnance wlthin the meaning of Sectlon 10, Subdivlslon (b) of ~ 14 . Article II of the Callfornla Conscltution SECTION 13 The Mayor shall sign and the Clty Clerk shall attest to the passage of thlS Ordinance. The City Clerk shall cause the same to be published once In the offlcial newspaper wlthln flfteen (15) days after lts adoptlon. ThlS Ordinance shall become effective upon adoptlon. APPROVED AS TO FORM: /I,... /\) //{~V{~ b--- 1U1A'~ MARSHA JONE~ MOUTRIE Clty Attorney 15 . Adopted and approved thIS 13th of September, 1994 ~.&~ Mavor "' I hereby certIfy that the foregoIng OrdInance No 1768 (CCS) was duly adopted at a meetIng of the Clty Councll held on the 13th of September, 1994 by the folloWIng vore Ayes CouncIlmembers Genser, Greenberg, Holbrook. Olsen, RosensteIn, Noes' CouncIlmembers Abdo, Vazquez AbstaIn CouncIlmembers. None Absent' Councilmembers' None ATTEST /~~~.~ h,J!~ ( .....--- CIty Clerk