SR-8A (48),~~~
~`- ~'':,
~~
JUN ~ 0 ~97
F lattylmunilstrptslm~misitrpt 2d
City Cour~cil Meeting 6-10-97
TO Mayor and City Counc~l
FROM City Staff
Santa Monica, Califarnia
SUBJECT O~dinance Ame~ding Mur~icipal Code Section 3 12 350 Relating to the
Prohib~tion Agamst Sittmg or Ly~ng on Public Sadewalks or Upon Ob~ects
Placed or Installed On P~blic S~dewalks in the BaysEde District and on t~e
Promenade Roadway
INTRODUCTION
At its May 27, 1997 meeting, the Gity Council introd~ced for firs# readmg an ardinance
amending Municipai Code Section 3 12 350 relat~ng to the prohEb~tian agamst sEtting or
lying on publ~c sidewalks or upon ob~ects placed or mstalled on public sidewalks in the
BaysEde District and on the Promenade roadway The Counc~l made two changes to the
ordEnance First, Section 3'{2 350(a) was ex~anded to prohib4t being present up~r~
the statues and the foliage aroun~ them Second, subsection (c) was added to Section
312 350 to provide that a person violating the pravisians of this Sectcon may be guilty of
either an infract~on ar a misdemeanor The ord~nance ~s now presented to the City Counc~l
for adoption
RECOMMENDATION
It is respectfully recomme~ded that the accompanying ord~nar~ce be adopted
PREPARED BY Marsha Jones Moutrie, City Attorney
~ _
~~
JUN f 0 1~7
f Iattylmunillawslm~misEtamen2 ord '
City Counc~l Meet~ng 6-10-97 Santa Mon~ca, Califarnia
ORDINAMCE NUMBER 1$79
(C~ty Counci~ Series}
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MQNICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 3 12 350 REL4TING TO THE PROHIBITION
AGAINST SITTING OR ~YING ON PUBLIG SIDEWALKS,
OR UPON OBJECTS PLACED OR INSTALLED ON
PUBLIC SIDEWALKS iN THE BAYSIDE ~ISTRICT AND ON
THE PROMENADE ROADWAY
WHEREAS, sitting or lying on the public s~dewaiks mter~eres wit~ the primary
purposes of the public s~dewa[ks, threatens publ~c safety, and damages the public welfare,
anci
1/1JHEREAS, public sidewalks are created and mainta~ned for the primary purpose
of er~abling pedestrEans to safely and efficientiy move about from place to place, and
WHEREAS, ensuring the free flow of pedestrian traffic on sidewalks promotes
pubfic safety by minim~zing the nsk that pedestrians will jostle one another, collide, tnp, or
fall, ar~d ensuring that persons may move safely away from dangerous s~tuat~ons which
may occur on or near public streets and s~dewalks, and
WHEREAS, ensur~ng the free flow of pedestnan trafFic ~s particulariy impo~#ant to
#he safety af the elderly, the ~ery young, the disabled, vision-impaired persorts, and others
wl~o are less abfe to r~av~gate through crowds and around obstacles or hazards and who
1
NOW, THEREFORE, THE CITY COUNCIL ~F THE C~TY OF SANTA MONICA
D4ES HEREBY ORDAIN AS FOLLOWS
SECT30N 1 Santa Monica Mun~cipa~ Code Sectton 3 12 350 is amended tv read
as follows
3.72.35~. Sitting or lying on sidewalks or in the Promenade roadway
in the Bays~de ~istrict.
~a) During the hours between fi a0 a m and 1 00 a m, no person
shall
(1 } sit or lie down u~on a publ~c s~dewalk ~n the Bayside
Distr~ct or upon the ThErd Stree# Pramenade roadway,
(2) sit or lie down upon a blanket, cF~air, stooE, bencE~ or any
other ob~ect placed or mstalled on a pubEic sGdewalk m the Bays~de District
or the Third Street Promenade roadway, or
~3) sit, stand, lie down upon or otherw~se be present upon
any planting, raEling, top~ary or statue piaced upon or mstalled or~ a public
sidewa~k in the Bayside D~strict or the Third Street Promenade roadway
~b) Th~ proh~bEtion contained in this Section shall not apply to any
person
('! ) s~ttEng or tying down on a pubE~c s~dewalk or the Th~rd
S#reet Promenade roadway due #o a medicaf emergency,
4
,
(2} utilizmg a wheelchacr, walker, or srm~far de~ice to mo~e
about the p~bl~c s~dewalk or the Th~rd Street promer~ade raadway as the
result of a disabifGty,
~3} sEtt~ng while operating or patronizmg a cammercial
estabf~shment or busmess canducted an the p~:~l~c sid~walk or Third Street
Promenade roadway pursuant to a street use ~ermit, license or other City
issued authorizat~on,
(4) s~ttmg while partEC~pating ~n or attend~ng a parade,
festival, rally, demonstrat~on, meetir~g, or s~milar s~aecial event lawf~ ~r
conduc#ed pursuant to a C~ty issued perm~t or license or~ the public sidew~
or Tt~4rd Street Promenade roadway,
(5) sitting on a bollard, chair or bench ~ocated on the pubi :
s~dewalk or Third Street Promenade roadway and which is supplied by a
publEC agency,
(fi) sEtt~ng or~ a 6edge, step or other masor~ry surface which
bord~rs the fountams or tap~ary planters an t~e pubC~c s~dewalk or Third
Street Promenad~ raadway,
(7) sitting on a public sid~walk wrthm a bus stop ~one while
waitmg for public or private tran5portat~on, or
(8} g~ving a street performance pursuant to a permit is5ued
by the City
~
(c) Any person violating this Section shail be gu~lty of an infract~on,
which shall be punishable by a fine nat exceeding Two Hundred Fifty Dollars
~$25D 00~, or a misdemeanor, which shall be punishabie ~y a~ine not
exceeding One Thousand Dollars ($1,000 00), or by ~mpr~sor~ment ~n t~e
County Jail for a period not exceeding six months or by both such f~ne and
imprisonment
SECTION 2 Any provision of the Santa Monica Mun~cipal Code or append~ces
thereto inconsistent with the pro~isions ofi this Ordinance, to the extent of such
mconsistencies and no further, is t~ereby repealed or mod~fied ta that eactent necessary to
effec# #he pro~~sior~s o# this 4rd~nar~ce
SECTION 3 lf any sectcon, suE~sect~on, sentence, clause, or phcase of this
Ordinance is for any reason held to be mval~d or unconstitutional by a decisEOn of any court
of competent ~ur~sdictEOn, s~ch dec~sion shal~ not affect the val~dity of the remaining
port~ons of th~s Ord~nan~ce The City Cauncil hereby declares that it wauld have passed
t#~~s Ordinance and each and every sect~on, subsectior~, sentence, clause, vr phrase nat
declared inval~d or ut~constitutional without regard to whether any portion of the ordinance
wauld be subsequently declared ~n~al~d vr unconst~tutional
SECT[ON 4 The Mayar shaEl s~gn and the City Cler~c shall attest to the passage
of this Ordinance The City Clerk shall cause the same #o be published once in the vfficial
6
newspaper witi~m 15 days after its adopt~on This Ord~nance sliall became effecti~e 30
days from its adoption
APPROVED AS TO F4RM
_,,~ ~+ ti .
/ ~ I,~.~[-~v~~'7'~..~ ~i~(-iGC ~~-c=~%
MARSHA JONES MOUTFt~E
C4ty Attorney
~
•
State of California )
Count~ of Los ~ngeles ) ss
Cit~~ of Santa :vlonica )
~ M ~i['~
P O Connor. I~•lavor
~ r
I, Beth Sanchez. Asststant Crty Glerk af the Crt<< of Santa Mor~ca. do hereby certifi~ that the
faregoing Ordinance I~o 1$79 (CCS) had rts first reading on Ma~ ?7, 1997. and had rts second
reading on June 10. 1997 and v~~as passed h~~ the follo~4•ing vote
Aj-es Council membezs Ebner, Greenberg, Mayor Pro Tem Holbraok, Rosenstein
'~oes Gouncil rnem~ers Feinstein, Genser, 1~1a~-or O~Connor
~.bstain Council members None
Ahsent Council members None
ATTEST
~~ 4~~~ f, ~ ~; ~~~
Beth Sanchez,flssistant C~r• Clerk