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SR-850-004 (4) F:\atty\muni\strpts\mjm\rulesamendreport.doc City Council Meeting 11-9-04 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Ordinance Amending Santa Monica Municipal Code Section 1.08.030 Regarding Rules for City Libraries and Meeting Facilities Introduction The attached, proposed ordinance would authorize the administrative promulgation of rules protecting the shared use of City libraries and meeting facilities. The ordinance would also make a violation punishable by exclusion from the facility and a refusal to leave after warning punishable as a misdemeanor. The ordinance is presented to the City Council for first reading. Background Over the last ten years, the City Attorney?s Office and the Police Department have worked with Library staff to address issues related to inappropriate and disruptive conduct in the City?s libraries. The Library Board has promulgated rules to address the situation but it has been difficult to obtain compliance especially because the rules are not enforceable. Noncompliance with the rules can make it difficult or impossible for libraries to fulfill their intended purposes. Such disruptions have included noise, aggressive behavior directed towards staff and other patrons, extreme body odor, blocking aisles with personal belongings, and bathing in restrooms. 1 In the last few years, Community and Cultural Services staff has reported similar problems involving City meeting facilities. Like the libraries, meeting facilities can fulfill their intended purposes only if a certain level of order and quiet is maintained. Accordingly, Community and Cultural Services staff have requested assistance in promulgating rules which will protect and preserve meeting facilities as shared resources but will also respect individual rights. Copies of the meeting facilities rules are attached. Amendments to the Municipal Code are required to make the rules enforceable. Discussion The attached, proposed ordinance would amend Municipal Code Section 1.08.030 which recognizes the Library Board?s authority to adopt library rules. The amendments would grant the City Manager authority to promulgate rules for City meeting facilities. The ordinance would also require posting of the rules, individual notice, and a separate warning before violators could be told to leave the library or facility. Violators would not be subject to arrest until all of these steps had been taken and the violator had refused to leave. The proposed rules are consistent with recent developments in case law. Those developments recognize that cities may need to adopt rules to address nuisances in libraries and other public facilities. The City Council has options for the promulgation and amendment of rules. The existing ordinance delegates that function to the Library Board and the proposed amendment would delegate to the City Manager the responsibility of promulgating rules 2 for meeting facilities subject to standards specified in the Municipal Code. Alternatively, the Council could choose to have the rules incorporated into the Municipal Code. The latter alternative would make it more cumbersome to change the rules in the future. Financial/Budget Impact There are no anticipated financial or budgetary impacts. Recommendation It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney ATTACHMENTS: Meeting Facility Rules Proposed Ordinance 3 Senior Recreation Center Rules When using the Senior Recreation Center, please be considerate of others by refraining from activities that may disturb other users, disrupt activities or damage the facilities. Please do not: *Smoke in the park or in the Center *Sleep or solicit in the Center *Deface or soil Center facilities, materials or equipment *Use the Center while intoxicated *Disrupt the Center with disorderly conduct or with bodily hygiene so offensive as to constitute a nuisance to other persons *Leave children or belongings unattended *Use personal equipment that is disruptive, noisy or unsafe *Bring pets or other animals into the facility (except for licensed guide or service dogs) *Bring large objects that may obstruct hallways into the facility such as bicycles, shopping carts, bedrolls, large parcels or bundles exceeding 24"x18"x16" (conveyances necessary to transport persons are permitted) *Use the Center while barefoot (Shirts and shoes are required.) *Use restrooms for bathing, hair cutting/dyeing, or washing clothes *Remove facility supplies, including but not limited to paper towels, toilet paper and office supplies *Spread belongings out on Center furniture thereby preventing others from having access to seating areas *Store personal items in public areas around the building Persons who do not follow the rules will be asked to leave the Center. 4 Rules for Using The Ken Edwards Center (or Center's Public Facilities) The Ken Edwards Center includes meeting facilities available for City business and certain public meetings. The facilities are limited and heavily used. These rules are intended to further the Center's purpose and protect its availability for the public by preserving quietude and order and protecting against disruption and damage. When using the Center, please be considerate of others by refraining from activities that may disturb other users, disrupt activities or damage the facilities. Please do not: *Smoke, sleep or solicit in the Center *Deface or soil Center facilities, materials or equipment *Use the Center while intoxicated *Disrupt the Center with noisy or disorderly conduct or with bodily hygiene so offensive as to constitute a nuisance to other persons *Leave children or belongings unattended *Use personal equipment that is disruptive, noisy or unsafe *Bring pets or other animals into the facility (except for licensed guide or service dogs) *Bring large objects that may obstruct hallways into the facility such as bicycles, shopping carts, bedrolls, large parcels or bundles exceeding 24"x18"x16" (conveyances necessary to transport persons are permitted) *Use the Center while barefoot (Shirts and shoes are required.) *Use restrooms for bathing or washing clothes *Remove facility supplies, including but not limited to paper towels, toilet paper and office supplies *Spread belongings out on Center furniture thereby preventing others from having access to seating areas *Store personal items in the parking garage or other public areas around the building Persons who do not follow the rules will be asked to leave the Center. 5 f:\atty\muni\laws\mjm\rulesamend.doc City Council Meeting 11-9-04 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 SECTION 1.08.030 REGARDING RULES FOR CITY LIBRARIES AND MEETING FACILITIES WHEREAS, City libraries and meeting facilities are operated for the benefit of the general public and must function as shared resources; and WHEREAS, individuals who cannot or do not regulate their own conduct and who persistently annoy other patrons or disrupt the quiet enjoyment of these public facilities make it impossible for the facilities to serve their intended purposes; and WHEREAS, rules intended to ensure that library and meeting facilities remain available to all serve the general welfare; and WHEREAS, such rules must be formulated and administered fairly and reasonably so as to preserve and protect individual rights, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 6 SECTION 1. Santa Monica Municipal Code Section 1.08.030 is hereby amended to read as follows: Section 1.08.030. City library and meeting facilities rules. (a) The Library Board may promulgate rules for the use of City libraries and the City Manager may promulgate rules for the use of City meeting facilities. (b) Such rules shall be formulated to ensure that the libraries and meeting facilities serve their primary purposes. In the case of libraries, these purposes include the provision of a quiet and orderly environment in which people may read, study, use library materials and equipment and contemplate. The purpose of meeting facilities is to provide an orderly environment in which groups may gather to conduct meetings, attend lectures and discussions, and undertake other group activities. The rules may regulate disruptive behavior, noise, offensive odors, health and sanitation hazards, and bringing possessions, materials or objects into the library or facility which are likely to interfere with its use by others. The rules may not unreasonably or unfairly restrict access to libraries or facilities by any person or group. 7 (c) Any person who has violated any rule or regulation duly adopted by the Library Board shall be subject to the suspension of his or her borrowing privileges from the Library for a period not to exceed one year. (d) Rules for the use of City libraries and meeting facilities shall be conspicuously posted on the premises. Any person who violates the rules shall be advised of the violation and the rules? requirements. Any person who fails or refuses to comply with any rule after receiving a personal notice shall be warned that continued failure to comply may result in the person being required to leave the premises. (e) Any person who fails or refuses to leave the facility after being given the requisite notice, warning and direction to leave, shall be guilty of a misdemeanor which shall be punishable by a fine not exceeding One Thousand Dollars ($1,000) per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. 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. 8 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: _________________________ MARSHA JONES MOUTRIE City Attorney 9