SR-702-015 (5)
f:\atty\muni\strpts\mjm\fooddistributionamend.doc
City Council Meeting 2-10-04 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Proposed Ordinance Modifying Santa Monica Municipal Code Sections
5.06.010 and 5.06.020 Related to Distribution of Food to the Public on City
Property
Introduction
This report proposes amendments to two Municipal Code provisions related to
distributing food to the public on City property. The amendments contained in the
attached ordinance would provide clarification but would not change existing law and
policy.
Background
On October 22, 2002, the City Council adopted Ordinance Number 2055 (CCS) relating
to the private distribution of food to the public on City property. The ordinance
addressed concerns about the impacts of private food distribution programs. At the
time, many groups were regularly using City parks to distribute food to homeless and
other needy people. Many of the distributions were large, frequent and regularly
scheduled. Many occurred several times per week and involved food distribution to well
over one hundred people. The distributions, particularly those in Palisades Park,
substantially impacted park property and park users.
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Additionally, the regularly-scheduled, mass distributions conflicted with City policy which
favors providing meals indoors and linking meal service to other social services. This
approach to assisting the homeless, which is referred to as the ?continuum of care?, was
devised through a lengthy community process and has proven very successful in
helping homeless people secure jobs and housing and get off the streets.
The ordinance adopted in response to the proliferation of private food programs on
public property added two sections to the Municipal Code. The first, Section 5.06.010,
provides notice of relevant City policy and of permitting requirements for food
distribution. That section was intended to give food distributors information about
opportunities for distributing food indoors and the responsibilities attendant upon using
public property for outdoor food distribution.
The second, Section 5.06.020, prohibits distributing food to the public on City streets
without City authorization. That section was intended to protect the free flow of
pedestrian traffic, emergency ingress and egress, and aesthetics.
Since the ordinance was adopted, one group, which conducted regularly-scheduled
feedings in City parks, has moved indoors. Other groups have opted to split their
distributions into smaller groups so that their activities do not involve 150 people and
therefore do not require a Community Events Permit. (Indeed, to date, no event permit
applications have been submitted for the activity of distributing free good to the needy.)
However, large, regularly-scheduled, private food distributions continue. Given the
prevalence and impact of those activities on shared, public space, it remains important
to continue disbursing information about distributors? options and responsibilities.
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In January of 2003, individuals and groups which distribute food to homeless people in
City parks filed suit against the City challenging, among other things, the facial
constitutionality of both Municipal Code provisions on food distribution in a case named
Food Not Bombs v. City. As to Section 5.06.010, the suit claims that it is facially invalid
because it is preempted by state law. As to Section 5.06.020, the suit claims that it is
unconstitutionally vague, because it does not specify how City authorization may be
obtained.
In fact, that specification is provided in other sections of the Municipal Code, which
address vending, community events and outdoor dining. A memorandum has been
provided to Community Events staff and the Santa Monica Police Department clarifying
that those are the mechanisms for obtaining City authorization to distribute food to the
public on City streets. The memorandum also harmonizes the food distribution and
community events ordinances by clarifying that no permit would be required to distribute
food to the public on City streets if the distribution did not interfere with the free flow of
pedestrian or vehicular traffic.
None of the claims asserted by the plaintiffs in Food Not Bombs v. City succeeded in
the trial court. Thus, the City is under no legal compunction to revise the ordinances.
Nonetheless, the amendments are suggested because they may make the ordinances
clearer and more informative.
Discussion
As to Section 5.06.020, the proposed ordinance would clarify the mechanisms for
obtaining City authorization to distribute food to the public on a City street. These
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include outdoor dining licenses, vending permits and Community Events permits.
However, in those situations where a noncommercial distribution can be conducted on a
City sidewalk or street without impeding pedestrian traffic, no permit would be required.
Depending upon future developments, the ordinance could, of course, be revised again
if, for example, experience showed that distributing free food to the public on City
sidewalks inevitably interferes with pedestrian circulation.
As to Section 5.06.010, the proposed ordinance modifies the section to reflect current
circumstances and to make clear that the ordinance is advisory and intended to ensure
that food providers understand their opportunities and responsibilities. Thus, the
proposed ordinance gives notice to food providers that they should be aware of the
requirements of the City?s Community Events law and Parks Code, as well as the
requirement of a County permit. The proposed law also provides notice that information
about each of these laws is available from the Community and Cultural Services
Department. Thus, the proposed law should assist food providers by listing all
applicable requirements in one place and telling them how to get more information.
This law has no remedies section and therefore would not be separately enforced.
Fiscal Impact
This is no fiscal/budgetary impact.
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Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
ATTACHMENT: Proposed Ordinance
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f:atty\muni\laws\mjm\fooddistributionamend-1.doc
City Council Meeting 2-10-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
5.06.010 AND 5.06.020 RELATING TO THE DISTRIBUTION OF FOOD ON CITY
PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 5.06.010 is hereby amended
to read as follows:
Section 5.06.010. Food distribution in
public parks and on the
City Hall lawn.
Deleted:
give
Persons and groups who wish to routinely
distribute free meals and other food to needy people
in Santa Monica are encouraged to participate in
Deleted:
and food
programs which provide meals indoors in conjunction
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with other services intended to help needy people find
housing and jobs. Information on how to participate in
Deleted:
which provide meals and
food indoors, along with other
such programs may be obtained from the Department
services, and information on State
and local laws regulating food service
and use of City property by groups
of Community and Cultural Services.
Deleted:
Any p
Persons who serve or distribute food to the
Deleted:
s
Deleted:
s
public in City parks or on the City Hall law must
comply with:
Deleted:
comply with
(a) applicable State health and safety
standards regulating food service and distribution,
including, but not limited to, the requirements of
obtaining and displaying a valid permit from the Los
Deleted:
which includes City
approval as to
Angeles County Department of Health for distributing
food at a location approved by the City pursuant to
state guidelines administered by Los Angeles County
Deleted:
and
and guidelines adopted by the City;
Deleted:
comply with
(b) all applicable requirements of the City of
Deleted:
.
Santa Monica?s Community Events Law; and
(c) the City?s Park Maintenance Code, which
protects park facilities and foliage and ensures that
the parks are a shared resource available to all
members of the public.
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Information about all three of these laws is
available from the Department of Community and
Cultural Services.
SECTION 2. Santa Monica Municipal Code Section 5.06.020 is hereby amended
to read as follows:
Section 5.06.020. Food distribution on
public streets and
sidewalks prohibited
without City
authorization.
No person shall distribute or serve food to the
public on a public street or sidewalk without City
authorization in the form of a vending permit, use
permit, outdoor dining license or Community Event
permit. However, no permit or license shall be
required for a noncommercial food distribution that
does not interfere with the free use of the sidewalk or
street by pedestrian or vehicular traffic.
Any person violating this Section shall be guilty
of a misdemeanor which shall be punishable by a fine
not exceeding one thousand dollars per violation, or
by imprisonment in the County Jail for a period not
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exceeding six months, or by both such fine and
imprisonment.
SECTION 3. 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.
SECTION 4. 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 5. 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:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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