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.
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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
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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
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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.
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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.
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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:
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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.
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(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.
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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:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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