SR-301-004-02 (6)
~
CM:VR:bp
Council Meeting: November 22, 1983
Santa Monica, California
TO:
Mayor and City Council
~/--OO$/-OL' l....c,
kOy 2 2 1983
FROM:
Cl.ty Staff
SUBJECT:
Update on City Handling of the Problem of the
Homeless; Recommendations to Co-sponsor Trainl.ng
Workshop for Local Agencl.es; Fund Food Service
Program in Non-resl.dential Area; and Adopt Reso-
lution Call1.ng for Increased Fundlng for Community
Mental Health Facl.ll.tl.es
INTRODUCTION
This report provides Council with information on the following
areas as they relate to the problem of homeless persons in Santa
Monica.
1. Recent hl.story of City efforts to deal wl.th the homeless.
2. Comparison between Santa Monl.ca's homeless problem and the
experience of Cl.tl.es across the natl.on.
3. Police Department patrol and arrest patterns.
4. Current resources aval.lable to handle the emergency needs of
the homeless population.
Recommendations are put forth to relocate some current serVl.ces
to non-residential areas and expand aval.lability of serVl.ces
through publl.c!prl.vate co-operative efforts.
In addl.tl.on a
resolution is presented supporting increased state support for
community-based mental health facilities.
1
II-~
NOV 2 2 1983
~ .,
BACKGROUND
Over 18 months ago City staff was made aware of the growlng
problem of destitute people ~n our commun~ty pr~marlly through
conversations with local clergy. Wh~le Santa Mon~ca churches
have traditionally served a population of tranSlent people 10
need of emergency food, transportatlon money and housing and
absorbed the costs within their own congregations, the flow of
needy people has increased to such a volume that limited church
resources are no longer sufficient to meet the need.
Additionally, the trans lent population lncreasingly includes
famll1es wlth chlldren and younger people, posing a moral dilemma
for clergy who are forced to turn away the needy.
The Westside Ecumenlcal Conference and Clty staff convened an
lnlt~al meet~ng of clergy and soclal service agencies to address
the commonly perceived problem. Subsequent meetings of the group
led to the establishment of the Westside Shelter Coalition and a
successful
January,
1983 conference which
provided important
for the community at
informatlon
large.
and opportunlt~es for dialogue
Last year the Clty Councll designated the provision of emergency
food and housing services as an area of service eligible for City
funding. Three programs, Turning Point Shelter, NAPP, and the
Westside Food Bank received a total of $87,000 in City resources
to expand the avallabllity of programs wh~ch serve the homeless
and offer asslstance to agencies and churches faced with requests
for help.
2
Wh~le these and other programs are ongoing, citizen concern about
the homeless populat~on has continued. Therefore the City Counc~l
on October 11, 1983 passed a motion requesting informat~on on:
the status of enforcement of var~ous ordinances and the
disposltlon of cases involving panhandling and disorderly
conduct
the status of increased foot patrols, particularly on the
100 block of Broadway
the feas1b111ty of a civ~11an ~ntervention and response
team
relocat1on of current feeding program conducted at Ocean
Park Community Center to non-residentlal area.
Council also requested that a resolution supportlng adequate
funding of community mental health facilities be drafted and that
staff maintain contact with the Westside Shelter Coalition.
REPORTS FROM OTHER CITIES
At an October,
1983 workshop held by the U.S. Conference of
Mayors, City Human Serv1ce D1rectors from c1t1es as d1verse as
Scottsdale I
Ar~zona;
San
Anton~o;
Atlanta;
Brockton,
Massachusetts and Miami reported the following common percept10ns
of the homeless problem as it is being felt by cities across the
nat~on:
The rel~g1ous community most often plays a key role in
draw1ng the attention of C~ty government to the needs of
the homeless population and in the delivery of emergency
services.
3
The homeless population has increased dramat~cally ~n the
past 2-3 years although communities have no mechan~sm to
accurately quantify th~s increase.
Three major types of people are being seen living on the
streets: alcoholics, former mental hosp~tal patients, and
victims of unemployment. For some of these individuals a
marginal street existence has become the lifestyle of
choice.
Younger
families
people, includ~ng
are increas~ngly
many Vietnam veterans, and
represented in the homeless
population.
Individuals with severe mental problems are found on city
streets in large numbers in the states where
deinst~tutionalizat~on has been init~ated at the state
level.
City Human Servlce Departments are being asked to respond
to emergency needs to an extent they have not experienced
previously.
There is no evidence that a lack of services reduces the
numbers
of homeless presenting themselves in local
cornmunit~es.
A w~de range of cooperative efforts between the pr~vate
and public sectors have been organized including food
banks, shelters, hotl~nes, soup k~tchens and commun~ty
coalit~ons to respond on a c~ty-by-city bas~s to the
crisis.
4
The location of services are consistently controversial.
Some cities are opt1ng for small decentralized facilities
wh1le others are locat1ng larger centers 1n the downtown
areas. Public toilet faci11ties are becoming a concern
of local government.
No city represented felt that lt was close to meeting the
needs for emergency services, and many c1t1es 1n the
colder regions express fears about deaths due to exposure
during the winter months.
CRIMINAL CONDUCT BY HOMELESS PERSONS
(This section prepared by City Attorney)
In 1855, the Callfornla Legislature adopted a so-called vagrancy
statute. This statute, like lts counterpart in other states,
l1sted about a dozen classes of vagrant. Vagrancy was punished
as a misdemeanor and 1ncluded: (1) every person (except a
California Indian) w1thout v1sible means of 11ving who has the
ability to work and who does not seek employment when employment
is offered; (2) every person who roams about from place to place
without any lawful business; and (3) every common drunkard.
Under California's vagrancy law,
the offense of vagrancy was
generally a status
specific conduct.
contlnuing offense,
offense rather than an offense relat1ng to
"Juries were instructed that vagrancy was a
differing from most other offenses in the
fact that it was chronic rather than acute; that lt continued
after it was complete, and subjected the offender to arrest at
5
any time before he reformed." 22 Cal. Jur. 3d, Crim~nal Law I
3057 (1975).
In 1960, the Californ1a Supeme Court 1nvalidated that provision
of the California vagrancy law making it unlawful to be a common
drunkard. In re Newbern, 53 Cal. 2d 786, 350 P.2d 116, 3 Cal.
Rptr. 364 (1960).
In response, the Cal~fornla Legls1ature abolished the vagrancy
law 1n 1961. In its place, the Legislature proscribed various
of dlsorderly conduct. See Penal Code Sect10n 647.
Instead of making a particular status unlawful, Penal Code
Section 647 makes unlawful various forMS of specific conduct. A
Penal Code Section 647 is contained in Appendix I.
forms
copy of
(S1nce
1ts 1961 enactment,
647 have been
certain
provisions of
Penal Code
Sect10n
found
invalid.
For
example,
the
identiflcat10n requirement conta1ned 1n subd1v1S1on (e) was
struck down by the Un1ted States Supreme Court this year.
Kolender v. Lawson, 75 L.Ed 2d 903 (1983).)
As this discusslon 1ndicates, crimes by homeless persons must be
determined by speciflc unlawful conduct and not by the1r status
as homeless persons. The following summarlzes the various
provisions of the Californ1a Penal Code and Santa Monlca
Municipal Code WhlCh are somet1mes v101ated by homeless persons:
Penal Code Sect10n 647(c). This section proscr1bes disorderly
conduct generally referred to as panhandling. The section is
violated by one "[w]ho accosts other persons in any public place
6
or in any place open to the public for the purpose of begging or
sollclting alms."
Penal Code Section 647{f). ThlS section prosrlbes disorderly
conduct generally referred to as publlC intoxication. The
sectlon is violated by one found in a publlC place, under the
influence of alcohol, and In such a condltlon that he or she is
unable to exercise care for his or her own safety or the safety
of others or because of such lntoxicatlon lnterferes with or
obstructs or prevents the free use of any street, sldewalk, or
other public way. (The constitutlonality of thlS section lS
currently before the Californla Supreme Courty in Sundance v.
Municipal Court.)
Penal
Code Section 647(1). ThlS sectlon proscrlbes disorderly
generally referred to as lodglng. The section is
by one "[w]ho lodges in any building, structure,
or place, whether publlC or prlvate, wlthout permlsslon
owner or person entltled to possesSlon or control
conduct
violated
vehicle,
of
the
thereof."
Penal Code Section 415. ThlS seetlon proscribes disturblng the
peace, such as challenging someone to flght.
Penal Code Section 537. ThlS sectlon proscribes defrauding an
lnnkeeper and has applicable when someone accepts food or lodglng
without the intent to pay for it and does not pay for it.
7
Municipal
in City
5:00 a.m.
Code Sectlon 4202a. This section proscrlbes sleeping
beaches and parks between the hours of 12:00 a.m. and
Munic1pal Code Section 4204a. This section prosribes drinking
alcohol 1n public. A violation of this sectlon 1S an
infractlon, punishable by a maximum flne of $25.00.
Munlcipal Code Sectlon 5210. ThlS sectlon, which proscribes
discharging offens1ve or nOXlOUS substances in pub11C places, 1S
violated by someone urlnating or defecating in publlC places.
All of the sectlons described above proscribe certain specified
conduct. Although some of the sections may be more frequently
violated by homeless persons, all of the sections are enforced
agalnst persons based upon conduct and not status. Some
offenses, such as drinking 1n publlC, are more frequently
violated by persons who cannot be characterized as homeless
persons. (E.g., beach-going public.)
Except for drink1ng ln publlC, all of the offenses described
above are m1sdemeanors, punishable by both a flne and confinement
in the County Jall. Under California law, a peace officer may
only arrest someone for an infractlon or misdemeanor without an
arrest warrant 1f the offense lS commltted in the presence of the
offlcer. (Obtalning an arrest warrant for these offenses is is
generally impract1cable.) A peace offlcer may accept a citizen's
arrest if the citizen promptly requests police assistance
following the commiss1on of the offense.
8
Once an arrest is made, elther by a peace officer or by a prlvate
citizen, the peace officer has two prlnclpal options available:
Release by Citatlon. Under California law, someone arrested for
an lnfraction generally must be released upon a written promlse
to appear commonly referred to as a citation. Likewise, for
misdemeanor arrests, the person must generally be released upon a
written promlse to appear unless certain specified factors are
present, such as the person is so intoxicated as to have been a
danager to himself or herself or to others, the person could not
provlde satlsfactory evidence of personal identificatlon, or that
there was one or more outstandlng arrest warrants for the person.
See Penal Code Section 853.6.
Booking. Someone who does not qualify for release by citation is
booked in the Santa Monica Jail. The person may be released upon
postlng of bail, which for Penal Code Sections 647(c), 647(f),
and 647(i) is $100. If bail is posted, the person is given a
court date to appear for arraignment, generally 30 days from the
date of posting bail. If ball is not posted, the person is
generally arralgned on the first court date on the morning
following the arrest.
Followlng an arrest, all 1nformatlon concerning the arrest is
forwarded to the City Attorney's Office for reVlew for
prosecution. The City Attorney's Office determines whether or
not the inforrnat1on provlded by the Police Department warrants
commencement of a criminal prosecutlon by the fil1ng of a
criminal compla1nt. If no complaint is filed, no arralgnment 1S
9
required and, if the person 15 in custody, the person is released
from custody.
If a criminal complalnt is filed by the City Attorney's Office,
the person is arralgned. Failure to appear for arraignment
results ln issuance of an arrest warrant. Most crlminal
prosecutlons result in the person pleading gUl1ty or nolo
contendre. Punishment is generally a small flne or brief period
of conflnement in jail. Many persons are glven credit for tlme
served pr10r to arralgnment.
In the opin1on of the Clty Attorney, the crlmlnal ]Ustlce system
generally cannot be looked to as the forum to address the minor
crimes committed by homeless persons. At the present tlme, the
Clty Attorney declines to commence prosecution for public
intoxication under Penal Code Sectlon 647(f). Prior to the
institutlon of thlS policy ln 1981, approximately 800 criminal
prosecutlons were brought annually for thlS offense. In most
cases, the result of prosecutlon was a sentence equal to the time
served prlor to arralgnment (one to two days).
Although the Clty Attorney
vlolatlons of the other
currently commences prosecutions for
sect10ns described above, 1t 1S the
opinion of the City Attorney that prosecution is never 11kely to
address the problems of homeless persons. Flrst, the sentencing
for these offenses reflects the fact that they are not serlOUS in
the context of other cr1mina1 offenses. Therefore, 1t 1S
unlikely that homeless people will be removed from the City
because of lengthy )a1l sentences. Moreover, given the nature of
10
the offense, significant Ja1l sentences are lnappropriate. To
imprison someone to Jail because they are destitude and request a
quarter from someone or because they sleep 1n the park can only
add to the already overcrowded jail situat1on. Of course, more
ser10US offenses by homeless persons (and other persons) such as
assault or battery result ln more slgn1f1cant punishment.
Any solut1on to the problems of homeless persons cannot be
addressed through applicatlon of cr1m1nal statutes.
In addition to arrest, Welfare and Institutions Code Section 5150
authorlzes a peace officer to take a person lnto custody for
placement ~n a mental health facility for 72 hour treatment and
evaluation when the person, as a result of mental d1sorder, 1S a
danger to others, to himself or herself, or gravely disabled.
However, because of mental health resources and the strict
limitations upon application of the statute, commitment is often
limited to persons who are clearly suicidal or homicidal.
CURRENT PATROLLING OF PALISADES, LINCOLN AND DOUGLAS PARKS
Between January 1, 1983 and September 30, 1983: Palisades Park
was patrolled by off1cers on foot 754 times, 304 arrests were
made, 397 citat10ns 1ssued and 225 field 1nterview cards were
completed.
Lincoln Park was patrolled by officers on foot 163 times, 14
arrests were made, 15 cltations issued and 46 field interview
cards were written.
11
Douglas Park was patrolled by officers on foot III times, no
arrests were made, 1 citation was issued and 3 field interview
cards written.
These figures do not include routine vehicle patrol of the three
parks by beat cars, f~eld supervisors and special enforcement
un1ts that resulted in no observable violations or enforcement
act~v1ty.
statistics,
higher.
Were such "drive-by" checks included in the patrol
the total number of checks would undoubtedly be much
It should be noted that c~tations require court appearance and/or
forfeiture of ba~l, and are issued 1n l~eu of a physical arrest.
Field interview cards are filled on subjects whose conduct is
SUSp~C10US but does not warrant arrest. Over 400 indiv~duals
were identified as transients on field interv~ew cards wr1tten
dur~ng the month of January, 1983.
12
STATUS OF FOOT PATROL BEATS
Beginn1ng on or about December 1, 1983 the follow1ng foot patrol
deployment w~ll become operational, reflecting the 1ncreased
resources provided the Police Department for augmented services
in th1S area.
The deployment patterns are based upon cr1me
stat1stics,
citizen
complaints,
suggest10ns
from
Police
Department field superv1sors, and compat1b11ity to foot patrol.
BEATS
1 ) Park Palisades Park
2) Pico Pico Neighborhood (1300-2300 Blocks of Pico Boule-
vard and Adjacent Residential
Areas)
3) Brdway - 100 to 300 blocks of Broadway and the Santa Monica
Mall
4) Main Ma;n Street (Ocean Park Boulevard to Marine Street)
SUN MON rUE WED THU
Palisades 1 : OP 12:30P 12:30P 12:301'
Park 5:30P 5:30P 10:30P 10:30p
Brdway 12:30P 12:30P 12:30P
Mall 5:30P 5:30P 5:30P
Pico
Ma;n
13
(Officers assigned to work two beats ~n one shift will normally
patrol the first beat indicated dur~ng the first half of a
ten-hour shift and second beat dur~ng the latter half of the
shift.)
The above deployment will insure foot patrol of the Third Street
Mall, Broadway and Pallsades Park s~X days a week. Wlth four
officers asslgned to foot patrol, a total of 160 hours wlll be
spent on foot patrol every week. Of that total 45 off~cer-hours
wl11 be devoted to foot patrol on the Mall and Broadway each
week, 45 officer-hours will be spent patroll~ng Pal~sades Park,
30 off~cer-hours will be allocated to MalO Street foot patrol,
and 40 officer-hours will be spent on foot each week in the Plca
Nelghborhood.
CURRENT PATTERNS OF ARRESTS AND CITATIONS ISSUED
The
following tables reflect current patterns of enforcement by
of statutes related to disorderly conduct (WhlCh include
intoxlcatlon, lodglng, panhandling, etc.) in public
area
public
places:
14
Arrests and bookings January 1 , 1983 to September 30, 1983:
Jan Peb Har Apr May June July AU9 Sept
Pallsades
Park 60 33 21 28 21 38 36 35 32
Llncoln
Park 0 2 3 0 0 1 2 1 5
Douglas
Park 0 0 0 0 0 0 0 0 0
100/300 Blk
Broadway 21 27 29 21 29 18 17 9 17
1200/1400 Blk
S.H. Mall 36 8 16 9 9 13 13 14 11
Beach Area 18 23 21 28 32 37 67 74 32
Arrests and cltatlons lssued January 1 , 1983 to September 30, 1983:
Jan Feb Mar Apr May June July Aug Sept
Pal1sades
Park 78 45 50 53 28 24 50 52 17
Llncoln
Park 6 0 0 0 1 1 3 1 3
Douglas
Park 0 0 0 0 0 0 1 0 0
100/300 Blk
Broadway 7 8 3 ... 1 3 4 0 3
J
1200/1400 Blk
S.M. Mall 4 1 1 0 6 1 0 0 0
Beach Area 106 75 147 237 228 167 194 373 153
15
The above statlstlcs indicate that the majority of enforcement
activity is concentrated 1n the area of the beach and Palisades
Park. Beach area enforcement is supplemented from April to
September by a three-officer bicycle beach patrol, funded by the
Recreation and Parks Department out of revenue derlved from the
Beach Fund.
The relatively low numbers of arrests made and citatlons lssued
in Douglas Park can probably be attributed to a lack of actual
vlolatlons, rather than a lack of patrol, 10 the park.
Alcohol-related vlolations, in particular, are much less
prevalent in Douglas Park than in areas closer to the beach. The
rna)Orlty of transients who frequent Douglas Park are non-drlnkers
who stay 1n the park during the day and sleep in their vehlcles
at night.
16
, .
CIVILIAN INTERVE~~ION TEAM
The staff of the Ocean Park Community Center has suggested that
on an occas10nal basis it would be appropriate to have counselors
exper1enced in serving the homeless work with 1ndividuals who are
congregated at a particular park. Counselors would have to
devote considerable t1me to learning about the particular
C1rcumstances of each 1ndiv1dual 1n order to suggest alternat1ves
to improve the individual's situation. Such an intervention
team, however, would not be appropriate if a "sweep" of parks
were intended or 1f such a team were expected to deal w1th the
individuals as a group. Staff will explore the appropriateness
of a local agency engaging in such a program during the
development of next year's commun1ty service funding process.
CONGREGATING OF INDIVIDUALS AROUND THE OCEAN PARK COMMUNITY
CENTER
Council and City staff have become aware of resident d1scomfort
with the numbers of people who are currently coming to the Ocean
Park Commun1ty Center for help and congregat1ng around the
bU1lding. The Center Staff has developed a program of d1alogue
with immed1ate neighbors to address the problems raised by area
residents and to understand more fully resident concerns.
A primary
Center is
community
reason for the increase in volume of traffic to the
that most other social service agenc1es in the
do not serve the homeless and instead refer requests
for help to the Center.
17
In other cities, decentra11zed serV1ces have been sought to avoid
a heavy concentration in anyone area of a city. Therefore it is
appropriate for the City to engage 1n a variety of activities to
disperse serV1ces offered to the homeless population. To that
end it is recommended that:
1. The Wests1de Shelter Coalition or other interested agency be
funded to offer a training workshop to area agencies on how
to serve the homeless and what alternatives are available
when faced with a homeless person 1n need.
2. The Wests1de Shelter coalition be funded to offer a workshop
to Wests1de churches interested in providing emergency
serVlces to increase the numbers of serV1ce prov1ders 1n the
area and thereby decrease the demand on any s1ngle agency.
3. The C1ty canS1der 15suing a request for proposal to local
churches and agencies to offer a soup line on a cost
reimbursement bas1s for those currently scavenging throughout
the commun1ty for food. Interested agencies could get help
in setting up such a service from the network of service
prov1ders available through the Shelter Coal1tion. The
locat1on of such a service away from res1dent1al areas would
be a prime consideration.
4. City Staff explore a requ1rement to serve a set amount of
homeless people in appropriate agency workplans for the
coming year.
18
BUDGET Ah~ FISCAL IMPACT
Staff has ident1fied three poss1ble sources of funds for train1ng
and serV1ce provision:
1. $15,000 1S available from funds budgeted for Community Crime
Preventlon actlvltles. It is felt that the homeless pose a
source of fear on the C1ty streets and that therefore
utilizing crime prevention funds for training and service
efforts to address this problem 1S appropriate.
2.
The only
particular
rema1n1ng grant funds not yet awarded to a
agency 1S the $55,000 in general funds earmarked
for tenant assistance and counselling services. A discussion
for the use of these funds wlll be presented in an
informat1on report to Council, wlth recommendations on its
use for pending soclal service needs to be transmitted on
December 13, 1983. One use to be cons1dered w111 be
emergency services to the homeless.
3. If Council 1dent1fied the need for additlonal funds for
emergency serVlces, the only other source available is
general fund reserves.
RECOMMENDATIONS
I. Staff recommends that Council authorize City staff to:
A. Co-sponsor with the Westslde Shelter Coalltion two trainlng
workshops (as outllned in recommendations 1 and 2, page 18)
at a cost not to exceed $5,000 for trainers, materlals,
19
., ,
advertisl.ng,
etc., to be held within the next 6 months.
Appropriate agencies Wh1Ch recelve Clty funds would be
required to attend the workshop dea11ng w1th referral and
other services for the homeless.
B. Conslder the issue of the homeless and related problems when
assesS1ng the use of rema1ning 1982-83 community service
funds and 1n develop1ng serV1ce pr1or1t1es for the coming
year
II. Adoption by Council of the accompanY1ng Resolution is
reconunended.
Prepared by: V1Vl.an Rothste1n
Communlty L1aison
Attached: Resolutlon regarding Communlty Mental
Health services
20
\
" ,
RESOLUTION NO. 6786
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
URGING INCREASED STATE SUPPORT FOR COMMUNITY-BASED MENTAL
HEALTH FACILITIES
WHEREAS, policies on the state level have led to the closing
of
state
mental hospitals which previously housed 50,000
individuals; and
WHEREAS,
currently
an estimated 45,000 former mental
hospital patients have been returned to local communities to find
their way; and
WHEREAS, local governments are faced with the needs of many
of those described as the "walking wounded" who have no support
services to maintain a productive and stable life; and
WHEREAS, local government does not have the ability to
service such indiyiduals without substantial state and federal
aid: and
WHEREAS, local citizens of Santa Monica are disturbed to see
individuals in need of various mental health services wandering
in the community with no visible connection to a service agency,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
21
,
. .
SECTION 1. The City Council of the
supports the availability of a range
alternatives to hospitalization to include:
City of Santa Monica
of community-based
(a) Crisis centers for short-term cr~sis care
(b) Transitional living settings geared toward a return to
independent living
(c) Day activity centers to help maintain those who need
daily support services
(d) Board and care facilities which support residents ~n
living to the maximum of their potential
(e) Mental health self-help groups modeled on the
Alcoholics Annonymous program of group support networks
(f) Job counselling and referral as a component of
community mental health services when appropriate
SECTION 2. The City Council of the City of Santa Monlea
calls upon local City governments and the County of Los Angeles
to bring before the Governor and State Legislature the pressing
need for comrnun~ty mental health facilitles to relieve the
discomfort of local residents and the unmet needs of those ~n
need of such services.
SECTION
3.
The City Council of Santa Monica shall
communicate its concern for ~ncreased funding of cornmunlty mental
health facilities to the following organizations:
22
. \. ~
League of California Citi..
Southern California Aaaociation of Governments
u.s. Conference of Mayor.
Governor of t.he State of California
Senator Her.chel Rosenthal
Assemblyman Tom Hayden
Supervisor Dean Dana
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution, and ~encefort.h and thereafter the same shall be
in full force and effect.
APPROVED AS TO
~~.
ROBERT M. MYERS
City Attorney
23
';.
,. , t .
=. "'''''-1) ~ r -- c... t
1.......
E\ItrY perIOIt who commiU 0' 01 tk IoUowiq
... it pillty 01 diIordcrIy conduct. . milclcalcan-
-=
(.) Who lOIK:its anyone to ap,e ill or .bo
....es in lewd or diuolutc ClCIDduct In any publiC
place or iD aft)' place ~ to the public or a.poMd
10 public view.
(1)>) Who diats or .ho = ill an)' ad of
pwtitution AI uMld in this au IVIIioD. "'pluUtu-
lion" iJlduda any lewd act bctwen peI'IOftI for
money or other COIIIidcratioa.
(c) Who ......-..u ather pmoas m u)' .public
place ... in In)' place open 10 the public fex' Ibc
putpaIC of fleUiDl or sOtiatiaa ~J_.
(d) Who loiters ill 01' about any toilet open to
.. public rot' the pu~ 01 ~"~iD or IOlicit-
.. aDY lewd tit JixiYious tit MY ..rut ael.
(e) WlIo loiters ex' wanders UpDD the ItrecU ell'
from place to place 1ritbout appareat nuon 01'
llusineu and .bo rel'UJeI 10 idiDlily ~i-eJt and
10 aCiQNnt tor his prcsenc:e wbcn requested by 1ft)'
pact otrlCCf 10 to do, if tbc IUlTCIUftdiq circum-
"DCa are such u to iDdicate to . ~ble
penon that the public ..rety dcmanda such idcDti-
rauon
(0 Wbo is found ill any public place UDder the
iafluencc ofiDto7.lC&tinlllqutlt, an)' d~ toluene,
Ill)' lubstance defined as a poiIoa in SCbecblle D
f1l Section 4160 of the BlWnCSl aDd Profcuions
Code. or aDY combination of an)' dlcWcaUq h-
quor. dl'1ll. toIucac. or In)' aadI poisoD. iD ACb.
ODnd&tion that he is unable to a.erc:iIc care for IUs
IIWIl ..ret)' or the .tet)' of oc.hcr'I. or b1 teUOII of
tis bcina under the iDOucnce 01 illtoDca' Ii-
'1'1<<. uy dru.&. tolualC. an)' subltuoe def': as
I poison ill SChedule D of Sec:tion ..160 or tbt
lU.ineu and Profasioas Code, or uy oambiDa.
tion of 0)' mtoll.ic:atina liquor. dnaa. toIueac. or
lilY sucb poison. interfera with ell' obItrucu or
p-cvenu the free ILIC of any ItJ'CICt. ~ ar
cIlbcr public .ay
(to Wbaa a hu violated subd.ivision (0
fIl tbillOCtioft. = ofrlCCl'. iliac iI NUClftIbI)'
able to do 10. IbaD Place the penoa. Of caue bim
10 be ~ccd, in CIVil ~ castady. Socb per-
lOa ltiaU be ...ken to . facility. A-ipted pung-
ut 10 Scctioa 5170 of t.be WcJtare ud liIatitu-
lions Code, for the 72-boar tnatlDI:Ilt aDd
..alation 01 menta. A peace afrICa' may place
a penon ill eMl proteetivc Cutady nil Wt tiDd
IDd dqroc or force whieb would be lawful wen: .
tfl'ectiq all anat for a INtd.cmcaDOl' without a
ftnUL No ~ .ho baa Mal placed ill c:mJ
pratocCiYC CUfody IllaJI ~ .. JIlb_ to
lilY aiminal JII'C*lC'UUoII Of juYeaiJe ooan ~
ceediq bued . the facti amaa rile 10 IDcb
=1. TbillUbchvisiaD IliaD DOl apply to tlIc
pencD. -
(I) Aay pcnoa .ho ..ader 1M iathICIIcc fA
APPENDIX I.
.., ~ or ..... tiac _biaed iIIfhtcnce or
iatOaUcatiq tiqacw &ad u, dnaa.
(2) M, penon .... peace offICer Jw prob-
aWe C'aUC 10 believe .... ClOIIlIDitted any felony,
CII' who baa ClOIIUIliued an~ IIliIdcmcanor iD ad.
4ition to subdivision (I) of this lectIon
(3) An)' penon who I pcl.ce offICer In .ood
faith belieYa will attempt aca}lC or..ilI be Iln-
nIIOft&b1y diJTlClIlt .for IDcchcal personnel to
_ttoI.
(a) Wbo loiters. prowls, or wanders upon the
priYate property of'anothcr. in the 1U&httime. with.
OIIt ...'ble -01" lawful business witb the owner or
occupant thereof.
(b) WIIo. .bile Ioit.eriq, prowliq,. or wander.
... upoa die priYatc property 01 another, in the
aiabttiJne. pecb in the CIoor or windoW of any
iUabitod buiJdiq or IttuctllJ'e located thereon.
widtout .Dible or !awfld bIwDcu with tile owner
or occupant t.benof.
(i) 9ibo Iodaa in any buildiDJ.ItruC1UTC. vehi-
cle. .. place. _betbcr public cw private. without
the permiaicm of the owner ell' penon enutled to
&be pcIIICSIion or in control tbcrcof
ID an,. ICCUlltory plcadinl charpin,1 violauon
fJllUbdlvilion (b) Of this secuon. i tbe defendant
... been once ~ousl)' coiMctcd of I violation
fII that IUbdiYisloa., the previous convic:tJon ihall be
c:harpd in die accusatory pleadina; and. if the
JII'C'IOUI CCIIIYictioa is rouftd to be trUe by the jury.
~ . .(urY trial. or by the court, upon a coun
triaJ. or IS admitted by the defendant. the defend.
ot _II be imprisoned in the county jail (or .
peri4:ad of DOl leis than 45 days and shall not be
e6&ible for release Ilpoa completlOll of sentence.
.. parole. .. OIl an)' other basis until be has served
. penod 01 DUlIeu than 45 days in the tounty Jill
ID DO ACb c:ue J.b&U the trial court arant proba-
tiaI flllIIJI)Cnd the alalUOIJ 0( JCJIlCDU imflO$eCl
.poIl me "'eadant.
In an)' aCCUlltor) pteadina c:barJlnaa Violation
(1/ IIIbcbvision (b) oktlis JCCtJOfl, jf tbe defendant
... bcltft ~)' coavictcd two or more umes
01, vioIauon of that aubdivllion. each such pl"eVl-
.. COftYiction dWI be cbarpd iD the aocusaI01')'
pIca~ aDd. if two or more of such i'i,,'iIOUS
CIOIn'ic:tioN arc round 10 be tnae by the JUry. upon
. jIu)' trial. or by the ooun. upon a coun tnal, or
8ft admitted ~ tJtc defendant. the defendant shall
.. imprisoned 18 the count)' ,Jail for a period of not
... tIu 90 days aDd IIIalI DOl be chJible for
.... uPJll ~ ot 1CDteDCC. 011 parole. or
.. aD)' oi.ber basis utiI be Iw. ICrved a period of
.. .. tUG 90 days ia tbc couaty jail In DO Juch
cue Iba1J the trial court IfIIIt ,.-obation ar IUS'
DIIICf the nec:utian oIlCDtenCC UDpc>>ed upon the
WcndaDt. I4.H. 1961 ell. 560, 1963 ch 1959.
1961 elL 1317. 1969 cU. 2CM. 1319. 1970 ch 26.
z:a1M~Z3.1'70.1'71~. 1511.1971 ch
ItlII.: CaI f. PI .. Pr. -,,-Will'" .......... -Cmn-
\
. 41 .. I ,
ADOPTED AND APPROVED THIS
29th
DAY
OF
November
I 198$"
~~tf
MAYOR
~L
NO.
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
6786
.WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON
November 29
, 1983 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Epstein, Jennings, Press,
Reed, Zane and Mayor Edwards
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
~ 717. dluvc~
CITY CLERK
. .' ~ ,
,.,.,
DISTRIBUTION OF RESOLUTION # ~7f Iv-
Counci 1 Mee t 1ng Date {t - ;;L q.-f- .3>
Agenda Item # (! - C-
'*
ORDINANCE It
Introduced:
Adopted:
a:;
.......,
Was lt amended?
* ALWAYS PFBLISH POOPTED ORDIN.~\lCE~.
~
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AffirmatIve:
!\egative
Abstain:
Absent:
VOTE:
F.
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-
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DISTRIBUTION:
ORIGINAL to be sIgned, sealed and flIed In Vault.
-
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,....
o
NEWSPAPER PUBLICATION (Date' )
Department origlnat1ng staff report (ti..~c~ R~ J?n.,:~ (j)
-- :""":""j-Iu
"lanagement Serv~ce? Lynne Barrette - urdinances only ~
Ci
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.....
o
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Agency mentIoned In document or staff report
(certIfied?)
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+-
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Subject file (agenda packet)
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Counter file
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Others:
-
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Airport
Parking Auth.
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AudItorum
Personnel
BuildIng Dept.
Planning
EnVIron. Servo
Pol1ce (en-
forcement?)
::;
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F1nance
PurchasIng
o
F1re
Recr/Parks
:r
General Servo
Transportat1on
>-
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Llbrarv
-
~
........
Treasurer
+-'
+-'
--
...
Manager
^
+-'
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SE?\D FOUR. COP IES OF ALL ORDDJA~CES TO:
CODbD SYSTEMS, Attn Peter MaciearIe
120' ?,!ain 'tr":'et
. AV0111 Nl,.' .Jersey_07717
SEND FOUR COP; ES OF A T.J, ORnTNt.l\JrFS TO:
PRESIDING JUDGE
SANTA ~ONICA MUNICIPAL COURT
1725 MAIN STREET
SANTA MONICA, CA 90401
TOTAL COPIES
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