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SR-8A (49) SA l' . fit '1 . - .. F \atty\munl\strpts\mJm\sltrpt 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 8 A ~~ 1 ~ - " ." '" MAV 2 7 1997 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 2 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 3 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 4 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 1 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 2 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, 3 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 4 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 5 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 '>. I ,...., ,---.. , ~ ~ II ' ~. , J , - ~' tL.r..u 1-- i.0.s:j-,_ i_ L-- Jj L-L.[i-- P'-L (~ MARSHA JONES MOUTRIE City Attorney 6 The lalce of Buszness Smce 1925 .-<- b-1\'IO.(~~ "r": ). Y. ('~ ~ ~ ?' O~~ c _."",., ..t- . ~^ . ~'. - ~. -' ~ ~ ,-vel" -of cO-~ .: :;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, -------------- ------- \ ........ t '>.- -; y-/~ ----------- Damel L. Ehrler Executive Director ~IISSlon Statement J 1/,.' ,'{rllta lll"Jfllt-U Cha-Jlho oJ (-(onmen r~ lldz. (H..-alp, t1pd Jf!prl!'t,f!nt~ hU...itli'~"'e... lnt4!1-t'...t~ (Hid l""UfJ, a..{tt!(tln~ the i. mumlHllfl' n P /JJfJZ.;tff' thp 1')'-: lJ(})?JP('7-'! to hr//) /)/0 J1}(JiJlb.r1.} ft) o...ppr /Jir/"J ..lll li!,-'d t}JrF"ll!...JJ tl pJ fUll fri.l' U'I)rCl)]!..i pln/ilt~} ...Jllp :i.1}tIJ 1111 h~z. i:'b '1...1 ~-t)r,."'.J ;line}'! (lnd ("fJmJ1Pli-'lfl' (Jl ('-Hil~fltlfji'''- trJ tU hu::'e II bUJlthy /rJUl! el f}JWJTij' and quaht\' fjf fttt-'