SR-8A (49)
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City Council Meeting 5-27-97
MAY271J97
Santa MOnica, California
STAFF REPORT
TO Mayor and City Council
FROM City Staff
SUBJECT SIxth-Month Review of Implementation of Ordinance Prohibiting Sitting
and LYing on Sidewalks In the Third Promenade And Recommendation To
Approve Amendments Which Would Unambiguously Prohibit LYing On
Benches In The Third Street Promenade, Sitting On Railings Around the
Topiary Statues And Sitting Or LYing On The Foliage Around The Statues
INTROOUCTION
On August 20, 1996, the City CouncIl adopted current MunicIpal Code SectIon 3 12 350
which prohibIts sitting or lYing on Sidewalks In the Bayslde Dlstnct and on the Third Street
Promenade dUring specified hours The measure was Intended to promote the public
welfare by protecting the free and orderly flow of pedestrian traffiC, ensuring the safety of
pedestrians With speCial needs Including the elderly, VISion-ImpaIred, very young and
disabled, and protecting public safety personnel's ability to respond effiCiently to calls for
service
When the CounCil adopted the ordinance It also directed staff to report back In SIX months
on the Implementation of the ordinance and to recommend any necessary modifications
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This report fulfills the Council's direction It reports on Implementation of the ordinance
and recommends amendments for the purpose of clanficatlon
DISCUSSION
Following adoptIon of the ordinance, the Police Department established enforcement
procedures and trained police personnel Pursuant to the procedures and training,
Violators were adVised of the new ordinance dunng a two-week "grace penod II Thereafter,
IndiViduals were Cited only after they received at least one verbal warning
Since the adoption of the ordinance, approximately 35 citations have been Issued
AdmOnishments were given to every person observed to be In Violation No statistics were
kept on warnings So, the actual number of persons warned IS unknown However,
officers report that the warnings were effective and that most persons complied, Willingly,
With the ordinance once they were adVised of ItS requirements
Police Department personnel have not observed any dIffIculties expenenced by movie
patrons waiting In line to enter theaters Nor have any gnevances been made by movie-
goers or theater employees Few persons Sit on the Sidewalk while awaiting entry to
theaters, and one theater allows patrons to Sit In the lobby area If the need anses
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The Police Department conducted an Informal poll of cItizens and merchants In the
Bayslde District Those polled reported that they believed the ordinance has had a
positive Impact on the use of public space within the Bayslde District
Police personnel have observed that, since the adoption of the ordinance, some persons
have continued to SIt upon the metal failings bordering the topiary planters Because the
railings were not designed for sItting, this practice may be unsafe Other persons have
continued to he down on the benches In the Promenade This practice reduces the space
available for those who need or Wish to Sit on benches Other persons Sit or lie on the
plantlngs around the topiary statues This practice harms the plantlngs
These forms of conduct are not expliCitly prohibited by the ordinance The ordinance
prohibits sitting or lYing on Sidewalks In the Bayslde DIstrict and on the Third Street
Promenade Roadway and upon objects "placed upon" those areas {such as chairs and
blankets}, except as speCifically allowed by the ordinance The exceptions to the
prohibition do not Include lYing on benches, sitting on railings, or sitting or lYing on
plantlngs Because these forms of conduct are not Included In the exceptions, they
arguably fall under the ordinance's general prohibition On the other hand, the general
prohibition IS somewhat unclear In that a topiary statue mayor may not be an object
"placed upon" the public Sidewalk or roadway Therefore, If the CounCil Wishes to clearly
prohibit these forms of conduct and to make that prohibition enforceable through the
criminal process, the ordinance should be amended to eliminate any present ambigUity
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A proposed ordinance IS attached It would make clear the prohibition against lYing on
benches In the Third Street Promenade, sitting on railings around the topiary statues, and
sitting or lYing on the foliage around the topiary statues
RECOMMENDATIONS
Staff recommends that the City CounCil eliminate any ambIgUity In Municipal Code Section
3 12 350 by approving the attached proposed ordInance on first reading
PREPARED BY
James T Butts, Jr , Chief of Police
Marsha Jones Moutne, City Attorney
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f \atty\munl\laws\mjm\sltamend ord
City Council Meeting 5-27-97
Santa Monica, California
ORDINANCE NUMBER
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 312350 RELATING TO THE PROHIBITION
AGAINST SITTING OR LYING ON PUBLIC SIDEWALKS,
OR UPON OBJECTS PLACED OR INSTALLED ON
PUBLIC SIDEWALKS IN THE BAYSIDE DISTRICT AND ON
THE PROMENADE ROADWAY
WHEREAS, sitting or lYing on the public sidewalks Interferes with the primary
purposes of the public sidewalks, threatens publIc safety, and damages the public welfare,
and
WHEREAS, public sIdewalks are created and maintained for the pnmary purpose
of enabling pedestnans to safely and effiCiently move about from place to place, and
WHEREAS, ensuring the free flow of pedestnan traffic on sidewalks promotes
public safety by minimizing the nsk that pedestnans WIll Jostle one another, collide, tnp, or
fall, and ensunng that persons may move safely away from dangerous Situations which
may occur on or near public streets and sidewalks, and
WHEREAS, ensunng the free flow of pedestrian traffic IS particularly Important to
the safety of the elderly, the very young, the disabled, vIsion-Impaired persons, and others
who are less able to navigate through crowds and around obstacles or hazards and who
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are particularly Jeopardized by having to navigate off and onto curbs when sidewalks are
blocked, and
WHEREAS, any hindrance of the free flow of pedestnan traffic on sidewalks may
Interfere with the work of public safety personnel seeking Immediate access to emergency
situations and With other work vital to the public health and safety such as cleaning and
maintenance, and
WHEREAS, blockage of publiC sidewalks poses senous safety hazards because
pedestrians who cannot pass freely along the sIdewalk frequently step Into the street
where they may be struck by vehIcles or cause collisions between vehIcles, and
WHEREAS, public sidewalks are not safe places to Sit or lie down because
physical inJury may occur from trampling, and
WHEREAS, disease may transmitted to persons lYing on sidewalks because
people or animals expectorate, unnate or defecate on sidewalks, and
WHEREAS, the public sidewalks In the Bayslde District of the City are particularly
busy and prone to signIficant crowding and congestion In part because of the
concentration of theaters, restaurants, clubs and other bUSinesses located there and
because the Third Street Promenade attracts large numbers of people to the area, and
WHEREAS, In the Bayslde DistriCt, crowded and congested conditions on public
sidewalks and the number of persons sitting and lYing on the sidewalks has significantly
Increased In recent months and continues to Increase, and
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WHEREAS, public sidewalks In the Bayslde Dlstnct facIlitate the delivery of goods
and services, and provide potential customers with convenient access to goods and
services, and
WHEREAS, the public welfare IS promoted by economically healthy commercial
areas In the City which attract people to shop, work and recreate, and
WHEREAS, economically healthy commercial areas provide easily accessible
goods and services, employment opportUnities, the tax revenues necessary to support
essential public services, and the economic productivity necessary to maintain and
Improve property within these areas, and
WHEREAS, people sitting or lYing on Sidewalks can Impair commercial activity and
undermine economic viability by, among other things, Inconveniencing patrons, and
WHEREAS, undermining the economIc viability of an area contnbutes to business
failures and relocations whIch result In vacant storefronts, and thIS, In turn, contnbutes to
a spiral of detenoratlon and blight which harms the public health, safety and welfare, and
WHEREAS, there are numerous other places wlthm the City where sitting or lYing
down can be accommodated dunng daytime and evening hours without unduly Interfenng
with the flow of pedestnan traffic, Impairing commercial activity, threatening public safety
or harming the public welfare, and
WHEREAS, these numerous other places In the City Include City parks, beaches,
common areas open to the public, and generally on pnvate property with the permiSSion
of the property owner,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 Santa Monica MUnicipal Code Section 3 12 350 IS amended to read
as follows
3.12.350. Sitting or lying on sidewalks or in the Promenade roadway
in the Bayside District.
(a) D.Jr ng ~"e h:'::.Jrs t.~:JI.'6en C Cot a rn ar~ 1 C": (oJ Ir~ . Nr.J person
shall Sit or lie down upon a public sidewalk In the Bayslde Dlstnct or upon
the Third Street Promenade roadway, and no parsell s-I,all c.::IO c;' Ilr~ down
upon a blanket, chair, stool, t ~rlc~' ::.I:m: n~~ '..I I"~ sl;a~...e :lr any other
object placed ...p0ii cr I'-,!:-ta',t'::~ C'1 a publiC sidewalk In the Bayslde Dlstnct
or on the Third Street Promenade roadway. ~...iiii~ ~:;~ :;0i..ii~ b;;t"v'':;;;;ii S ~C
8 m. and 1 00 a m
(b) The prohibition contained In this sSectlon shall not apply to any
person
(1) sitting or lYing down on a public Sidewalk or the Third
Street Promenade roadway due to a medical emergency,
(2) utiliZing a wheelchair, walker, or Similar device to move
about the public Sidewalk or the Third Street Promenade roadway as the
result of a disability,
(3) sitting while operating or patronizing a commercial
establishment or business conducted on the publiC Sidewalk or Third Street
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Promenade roadway pursuant to a street use permit, license or other City
Issued authorization,
(4) sitting while participating In or attending a parade,
festival, rally, demonstration, meeting, or similar special event lawfully
conducted pursuant to a City Issued permit or license on the public Sidewalk
or Third Street Promenade roadway,
(5) sitting on a bollard, chair or bench located on the public
Sidewalk or Third Street Promenade roadway and which IS supplied by a
publJc agency,
(6) sitting on a ledge, step or other masonry surface which
borders the fountains or topiary planters on the public Sidewalk or Third
Street Promenade roadway,
(7) sitting on a public Sidewalk Within a bus stop zone while
waiting for public or private transportation, Or'
(8) GgIVlng a street performance pursuant to a permit
Issued by the City
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, IS hereby repealed or modified to that extent necessary to
effect the prOVIsions of thiS Ordinance
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SECTION 3 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 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
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 30
days from ItS adoption
APPROVED AS TO FORM
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MARSHA JONES MOUTRIE
City Attorney
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The lalce of Buszness
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:;01 Colorado '\.\"enue. SUI[e 150
Santa ~tofilca. CahfornJd 90401-2-1-:;0
(~10)393-9825 · Fa~(310)394-1~68
Apn129,1997
The Honorable Pam O'Connor, Mayor, and City Councll Members
City of Santa MODlca
1685 Mam Street
Santa Momca, CA 90401
Dear Mayor O'Connor and CIty Councll Members
ThiS communication is to forward the followmg actIOn to you by the Santa MOnIca Chamber of
Commerce Board of Directors at its Board MeetIng thiS mornIng:
It was moved. second and passed unammously to cOInmunlcate to the Santa Moruca City CouncIl
that the Santa Monica Chamber of Commerce maIntains Its lmtlal pOSItion on the application of
the Seattle Ordinance regardmg the prohlbmon of sitting and lymg on sidewalks to the City of
Santa Monica the application of tills ordInance should be city-v.ide
Wlule the CIty CouncIl approved the apphcatIOn of the Seattle ordinance for the Third Street
Promenade several months ago, the Chamber' s Board of Directors remaIns m Its belief that tills
ordInance should be expanded and eqUitably applied on a City-wIde basis.
In ItS actIOn, the Board has no comment regardmg the CIty Staff s recommendation which is
hmIted to the Third Street Promenade other than the ordinance, which has been productIve m its
tnal penod, should be applied throughout Santa MOllica
Your invaluable time and conSideration of thiS recommendation are greatly appreciated.
Sincerely,
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Damel L. Ehrler
Executive Director
~IISSlon Statement
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