SR-702-013
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City Council Meeting 3-8-05 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Adding Section 4.08.285 to the Santa Monica Municipal to
Allow the Establishment of Rules for Use of Public Restrooms
Introduction
The attached, proposed Ordinance would authorize the City Manager or the Manager?s
designee to establish rules for the use of public restrooms and would make those rules
enforceable. The Ordinance is presented to the City Council for first reading.
Background
City staff has received many complaints from City residents and other members of the
public relating to the City?s public restrooms. A high percentage of those complaints
involve the use of restrooms for inappropriate purposes. For example, restrooms in
parks and parking structures are used for sleeping, bathing and washing clothes. The
complainants have also indicated that, because the restrooms are being inappropriately
used, they were reluctant to use them themselves or allow their children to use them.
Complaints have also been received that public restrooms are being monopolized by a
small number of individuals and rapidly become unsanitary because of misuse.
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Discussion
The attached, proposed Ordinance would authorize the City Manager, or her designee,
to establish rules regulating public restroom use. The Ordinance also includes
standards which would establish the basic scope of the rules.
Financial/Budget Impact
The adoption of the attached, proposed Ordinance would have no financial impact.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
ATTACHMENT: Proposed Ordinance
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F:\atty\muni\laws\mjm\publicrestrooms-1.doc
City Council Meeting 3-8-05 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 4.08.285 TO THE SANTA MONICA MUNICIPAL
CODE TO ALLOW THE ESTABLISHMENT OF RULES FOR USE OF PUBLIC
RESTROOMS
WHEREAS, the City provides public restrooms for the health and benefit of all members
of the general public and these restrooms must function as shared resources; and
WHEREAS, misuse of these public facilities makes it impossible for the facilities to
serve their intended purposes; and
WHEREAS, rules intended to ensure that public restrooms remain clean, safe and
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. Section 4.08.285 is hereby added to the Santa Monica Municipal
Code to read as follows:
4.08.285 Rules for use of public restrooms.
(a) The City Manager, or his or her designee, may
establish rules for the use of public restrooms which shall be
formulated to promote cleanliness, safety, access and
availability to all for the restrooms? intended purpose.
(b) Rules for the use of public restroom facilities shall
be conspicuously posted on the premises.
(c) Any person who fails or refuses to comply with the
rules shall be guilty of an infraction, which shall be
punishable by a fine not exceeding two hundred fifty dollars,
or 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 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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