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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. 1 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. 2 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 3 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. 4 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 5 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 6 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. 7 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 8 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 9