SR-301-004-02 (7)
...
CM:VR:bp
Council Meetlng: November 22, 1983
Santa Monica, Callfornia
TO:
Mayor and City Councl1
~/--OO$/-OZ' l--C,
t,Ov 2 2 1983
FROM:
Clty Staff
SUBJECT:
Update on City Handllng of the Problem of the
Homeless; Recommendations to Co-sponsor Training
Workshop for Local Agencles; Fund Food Service
Program in Non-reSldentlal Area; and Adopt Reso-
lution Call1ng for Increased Funding for Community
Mental Health Facl1itles
INTRODUCTION
This report provides Councll wlth information on the followlng
areas as they relate to the problem of homeless persons in Santa
Monica.
1. Recent hlstory of Clty efforts to deal wlth the homeless.
2. Comparison between Santa Monlcats homeless problem and the
experlence of citles across the natlon.
3. Police Department patrol and arrest patterns.
4. Current resources avallable to handle the emergency needs of
the homeless populatlon.
Recomrnendatlons are put forth to relocate some current services
to non-residential areas and expand availability of serVlces
through public/private co-operatlve efforts.
In addition a
resolution is presented supportlng lncreased state support for
community-based mental health facllltles.
1
II-~
NOV 2 2 1983
. . "'
BACKGROUND
Over 18 months ago City staff was made aware of the grow1ng
problem of dest~tute people in our comwunlty prlmarlly through
conversatlons with local clergy. While Santa Monica churches
have traditionally served a population of tranSlent people in
need of emergency food, transportatlon money and housing and
absorbed the costs within thelr own congregatlons, the flow of
needy people has lncreased to such a volume that lim1ted church
resources are no longer sufficient to meet the need.
Additionally, the tranSlent population lncreasingly includes
families with chlldren and younger people. posing a moral dilemma
for clergy who are forced to turn away the needy.
The Westside Ecumenlcal Conference and City staff convened an
inltial meeting of clergy and social service agencles to address
the commonly perceived problem. Subsequent meetings of the group
led to the establishment of the Westslde Shelter Coalition and a
successful January, 1983 conference which provided important
information and opportunities for dialogue for the community at
lar ge .
Last year the City Councll designated the provision of emergency
food and houslng serVlces as an area of service eligible for City
fundlng. Three programs, Turning Point Shelter, NAPP, and the
Westside Food Bank recelved a total of $87,000 in Clty resources
to expand the avallability of programs which serve the homeless
and offer asslstance to agencies and churches faced with requests
for help.
2
l
Whl1e these and other programs are ongoing, citizen concern about
the homeless population has contlnued. Therefore the Clty Council
on October 11, 1983 passed a motion requestlng lnformatlon on:
the status of enforcement of varlOUS ordlnances and the
dlsposition of cases involving panhandllng and disorderly
conduct
the status of increased foot patrols, particularly on the
100 block of Broadway
the feaslbility of a civillan lntervention and response
team
relocation of current feeding program conducted at Ocean
Park Community Center to non-residentlal area.
CounCll also requested that a resolutlon supporting adequate
fundlng of community mental health facilltles be drafted and that
staff malntaln contact with the Westslde Shelter Coalltlon.
REPORTS FROM OTHER CITIES
At an October,
1983 workshop held by the u.s. Conference of
Mayors,
City Human Servlce D1rectors from cities as dlverse as
Scottsdale,
Ar1zona;
San
Antonio:
Atlanta:
Brockton,
Massachusetts and M1ami reported the following common perceptions
of the homeless problem as it is be1ng felt by cltles across the
nation:
The religious community most often plays a key role 1n
drawing the attention of City government to the needs of
the homeless populatlon and in the delivery of emergency
services.
3
~
The homeless population has lncreased dramatically in the
past 2-3 years although communltles have no mechanism to
accurately quantlfy this increase.
Three maJor types of people are being seen livlng on the
streets: alcoholics, former mental hospital patients, and
victlms of unemployment. For some of these indivlduals a
marginal street existence has become the lifestyle of
choice.
Younger
families
people, including
are lncreasingly
many Vietnam veterans, and
represented 1n the homeless
population.
Indivlduals wlth severe mental problems are found on city
streets in large numbers in the states where
deinstltutionalization has been initiated at the state
level.
Clty Human Serv1ce Departments are being asked to respond
to eroergency needs to an extent they have not experienced
previously.
There is no eVldence that a lack of services reduces the
numbers
of homeless presenting themselves in local
cammunltles.
A wide range of cooperatlve efforts between the prlvate
and public sectors have been organized lncluding food
banks, shelters, hotllnes, soup k1tchens and communlty
coalltlons to respond on a city-by-city basis to the
cris1s.
4
The locat1on of services are cons1stently controversial.
Some cit1es are optlng for small decentralized facilities
while others are locating larger centers in the downtown
areas. Public toilet fac11ities are becoming a concern
of local government.
No Clty represented felt that it was close to meetlng the
needs for emergency serVlces, and many c1tles in the
colder regions express fears about deaths due to exposure
durlng the winter months.
CRIMINAL CONDUCT BY HOMELESS PERSO~S
(Th~s section prepared by City Attorney)
In 1855, the Californ1a Legislature adopted a so-called vagrancy
statute. ThlS statute, like its counterpart 1n other states,
llsted about a dozen classes of vagrant. Vagrancy was punished
as a misdemeanor and included: (1) every person (except a
Californ1a Indian) w1thout visible means of living who has the
ability to work and who does not seek employment when employment
15 offered; (2) every person who roams about from place to place
wlthout any lawful business; and (3) every common drunkard.
Under Callforn1a's
generally a status
speciflc conduct.
continuing offense,
vagrancy law, the offense of vagrancy was
offense rather than an offense relat1ng to
"Juries were 1nstructed that vagrancy was a
dlffering from most other offenses in the
fact that it was chronic rather than acute; that 1t continued
after it was complete, and subjected the offender to arrest at
5
any t1me before he reformed." 22 Cal. Jur. 3d, Criminal Law ~
3057 (1975).
In 1960, the Ca1iforn1a Supeme Court invalidated that provision
of the Callfornia vagrancy law maklng 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 California Leg1s1ature abolished the vagrancy
law 1n 1961. In its place, the Legislature proscribed various
forms of disorderly conduct. See Penal Code Sectlon 647.
Instead of making a partlcular status unlawful, Penal Code
Section 647 makes unlawful var10US forMs of specific conduct. A
copy of Penal Code Section 647 1S contalned ln Appendix I.
(Since its 1961 enactment, certain provisions of Penal Code
Section 647 have been found invalld. For example, the
ldentificatlon requirement contalned in subdivision (e) was
struck down by the United States Supreme Court thlS year.
Kolender v. Lawson, 75 L.Ed 2d 903 (19B3).)
As th1S discussion indlcates, cr1mes by homeless persons must be
determined by speciflc unlawful conduct and not by their status
as homeless persons. The following summarlzes the various
provisions of the Californla Penal Code and Santa Monica
Municipal Code which are sometlmes violated by homeless persons:
Penal Code BeetloD 647(c). This section proscribes disorderly
conduct generally referred to as panhandllng. The section is
vlo1ated by one "[w]ho accosts other persons 1D any public place
6
or in any place open to the public for the purpose of begging or
soliciting alms."
Penal Code Section 647(f). Th1S section prosribes disorderly
conduct generally referred to as publlC intoxication. The
section is violated by one found ln a publlC place, under the
influence of alcohol, and in such a condition 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 interferes with or
obstructs or prevents the free use of any street, sidewalk, or
other public way. (The constltutional~ty of th~s section is
currently before the California Supreme Courty 1n Sundance v.
Mun1cipal Court.)
Penal Code Section 647(1). ThlS section proscribes disorderly
conduct generally referred to as lodging. The section ~s
violated by one "[w]ho lodges in any buildlng, structure,
vehicle, or place, whether public or pr1vate, without permisslon
of the owner or person entltled to possession or control
thereof."
Penal Code Section 415. This sectlon proscr1bes disturbing the
peace, such as challenging someone to fight.
Penal Code Sect10n 537. ThlS sectlon proscribes defrauding an
lnnkeeper and has applicable when someone accepts food or lodg~ng
w1thout the intent to pay for it and does not pay for it.
7
Munic1pal
in C1ty
5:00 a.m.
Code Section 4202a. Th1S sect10n proscribes sleeping
beaches and parks between the hours of 12:00 a.m. and
Municipal Code Section 4204a. This section prosribes drink1ng
alcohol in pUblic. A violation of this section 1S an
infraction, pun1shable by a maximum fine of $25.00.
Mun1cipal Code Section 5210. Th1S sect1on, which proscribes
d1scharging offens1ve or noxious substances in public places, is
violated by someone urinating or defecat1ng 1n public places.
All of the sect10ns described above proscribe certain specifled
conduct. Although some of the sectlons may be more frequently
violated by homeless persons, all of the sections are enforced
aga1nst persons based upon conduct and not status. Some
offenses,
such as drink1ng 1n publ1C, are more frequently
v10lated by persons who cannot be character1zed as homeless
persons. (E.g., beach-go1ng public.)
Except for drinking in publ1C, all of the offenses descrlbed
above are misdemeanors, punishable by both a fine and confinement
1n the County Jail. Under California law, a peace off1cer may
only arrest someone for an infractlon or mlsdemeanor w1thout an
arrest warrant if the offense 1S committed in the presence of the
officer. (Obta1nlng an arrest warrant for these offenses 1S 1S
generally impract1cable.) A peace officer may accept a citizen's
arrest if the citizen promptly requests police assistance
following the comm1SS1on of the offense.
8
Once an arrest lS made, either by a peace officer or by a private
citlzen, the peace officer has two principal options available:
Release by Cltatlon. Under Californla law, someone arrested for
an infract10n generally must be released upon a written promise
to appear commonly referred to as a citation. L1kewise, for
misdemeanor arrests, the person must generally be released upon a
wr1tten promise to appear unless certain specified factors are
present, such as the person is so 1ntoxicated as to have been a
danager to h1mself or herself or to others, the person could not
provide sat1sfactory evidence of personal identlfication, or that
there was one or more outstanding arrest warrants for the person.
See Penal Code Sectlon 853.6.
Booking. Someone who does not qualify for release by citatlon is
booked in the Santa Mon~ca Ja~l. The person may be released upon
posting of ball, which for Penal Code Sections 647(c), 647(f),
and 647(i) lS $100. If bail is posted, the person is given a
court date to appear for arraignment, generally 30 days from the
date of post1ng bail. If bail is not posted, the person 15
generally arraigned on the first court date on the morning
followlng the arrest.
Follow1ng an arrest, all lnformatlon concernlng the arrest 1S
forwarded to the City Attorney's Office for review for
prosecut1on. The City Attorney's Office determines whether or
not the information provlded by the Police Department warrants
commencement of a criminal prosecutlon by the filing of a
crim~nal complaint. If no complaint is f~led, no arraignment ~s
9
required and, if the person is in custody, the person is released
from custody.
If a cr~m1nal complaint is filed by the City Attorney's Off~ce,
the person 1S arra1gned. Fa1lure to appear for arraignment
results ~n issuance of an arrest warrant. Most criminal
prosecutlons result in the person pleading guilty or nolo
contendre. Punishment is generally a small f~ne or brief period
of confinement in jail. Many persons are given credlt for time
served pr10r to arra~gnment.
In the op~nion of the City Attorney, the criminal Just~ce system
generally cannot be looked to as the forum to address the minor
crimes committed by homeless persons. At the present time, the
City Attorney declines to commence prosecution for publ~c
intoxication under Penal Code Sect~on 647(f). Prior to the
1nst1tut1on of this pol~cy ln 1981, approximately 800 crim~nal
prosecutlons were brought annually for this offense. In most
cases, the result of prosecution was a sentence equal to the t1me
served pr~or to arralgnment (one to two days).
Although the City Attorney
violations of the other
currently commences prosecut1ons for
sections described above, 1t 1S the
opinion of the C1ty Attorney that prosecution is never l~ke1y to
address the problems of homeless persons. F~rst, the sentencing
for these offenses reflects the fact that they are not serious ln
the context of other criminal offenses. Therefore, 1t 1S
unlikely that homeless people will be removed from the C1ty
because of lengthy Ja~1 sentences.
Moreover, glven the nature of
10
the offense, sign~ficant Ja~l sentences are inappropriate. To
impr1son someone to Ja1l 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 s~tuation. Of course, more
serious offenses by homeless persons (and other persons) such as
assault or battery result ~n more slgnificant puolshment.
Any solution to the problems of homeless persons cannot be
addressed through appllcatlon of crlmlnal statutes.
In addition to arrest, Welfare and Institutions Code Section 5150
author1zes a peace offlcer to take a person into custody for
placement 1n 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 strlct
Ilmitatlons upon application of the statute, commitment is often
lim1ted to persons who are clearly suicidal or homic1dal.
CURRENT PATROLLING OF PALISADES, LINCOLN AND DOUGLAS PARKS
Between January 1, 1983 and September 30, 1983: Palisades Park
was patrolled by officers on foot 754 tlmes. 304 arrests were
made. 397 citations lssued and 225 field lnterview cards were
completed.
Lincoln Park was patrolled by officers on foot 163 times. 14
arrests were made, 15 cltations issued and 46 field intervlew
cards were wr1tten.
11
Douglas Park was patrolled by officers on foot III t~mes, no
arrests were made, 1 citation was issued and 3 field interview
cards wr1tten.
These figures do not 1nclude routine vehicle patrol of the three
parks by beat cars, f1eld superv~sors and special enforcement
un1ts that resulted 1n no observable violations or enforcement
activ1ty. Were such "drive-by" checks included 1n the patrol
stat1st1cs, the total number of checks would undoubtedly be much
higher.
It should be noted that citations require court appearance and/or
forfeiture of bail, and are issued in lieu of a physical arrest.
Field 1nterv1ew cards are f~lled on SUbJects whose conduct is
suspicious but does not warrant arrest. Over 400 individuals
were identified as tranS1ents on field interview cards written
during the month of January, 1983.
12
STATUS OF FOOT PATROL BEATS
Beginnlng on or about December 1, 1983 the followlng foot patrol
deployment will become operatlonal, reflectlng the lncreased
resources provlded the Police Department for augmented services
in this area.
The deployment patterns are based upon crime
statlstlcs,
citizen
complaints,
suggestlons
from
Police
Department field supervlsors, and compatlbility to foot patrol.
BEATS
1 ) Park Palisades Park
2) Pica Pica Neighborhood (1300-2300 Blocks of Pica Boule-
vard and Adjacent Residential
A re as)
3) Brdway - 100 to 300 blocks of Broadway and the Santa Monica
Mall
4) Main Main Street (Ocean Park Boulevard to Marine Street)
SUN MON TUE THU
Pa 1i sades 1 :30P 12:30P 12:30P
Park 5:30P 5:30P lO:30p
Brdway 12:30P 12:30P 12:30P 12:30P
Ha 11 5:30P 5:30P 10:30P 5:30P
Pico
Main
13
(Officers ass1gned to work two beats 1n one shift will normally
patrol
ten-hour
sh1ft.)
the first
Sh1ft and
beat 1ndicated durlng
second beat during the
the f1rst half of a
latter half of the
The above deployment will insure foot patrol of the Th1rd Street
Mall, Broadway and Palisades Park six days a week. W1th four
officers assigned to foot patrol, a total of 160 hours will be
spent on foot patrol every week. Of that total 45 officer-hours
will be devoted to foot patrol on the Mall and Broadway each
week, 45 off1cer-hours will be spent patrolling Pal1sades Park,
30 officer-hours w1l1 be allocated to Maln Street foot patrol,
and 40 officer-hours will be spent on foot each week in the pico
Ne~ghborhood.
CURRENT PATTERNS OF ARRESTS AND CITATIONS ISSUED
area
following tables reflect current patterns of enforcement by
of statutes related to dlsorderly conduct (Which include
lntoxication, lodging, panhandling, etc.) in public
~e
pub11C
places:
14
Arrests and booklngs January 1, 1983 to September 30, 1983:
Jan Feb Mar Apr May June July Aug Sept
Pallsades
Park 60 33 21 28 21 38 36 35 32
Llnco1n
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.M. 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
Pallsades
Park 78 45 50 53 28 24 50 52 17
Llnco1n
Park 6 0 0 0 1 1 3 1 3
Douglas
Park 0 0 0 0 0 0 1 0 0
100/300 B1k
Broadway 7 8 3 5 1 3 4 0 3
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 statlst1cs indicate that the majority of enforcement
activ1ty 1S concentrated in the area of the beach and Palisades
Park. Beach area enforcement 1S supplemented from April to
September by a three-offlcer b1cycle beach patrol, funded by the
Recreation and Parks Department out of revenue derived from the
Beach Fund.
The relatively low numbers of arrests made and citat10ns 1ssued
in Douglas Park can probably be attributed to a lack of actual
violations, rather than a lack of patrol, in the park.
Alcohol-related violations, in particular, are much less
prevalent in Douglas Park than 1n areas closer to the beach. The
maJority of tranS1ents who frequent Douglas Park are non-drinkers
who stay 1n the park during the day and sleep 1n their vehicles
at night.
16
CIVILIAN INTERVENTION TEAM
The staff of the Ocean Park Community Center has suggested that
on an occasional baS1S it would be appropriate to have counselors
exper1enced in serv1ng the homeless work with ind1v1duals who are
congregated at a particular park. Counselors would have to
devote considerable time to learning about the particular
C1rcumstances of each 1ndiv1dual in order to suggest alternatives
to improve the individual's situation. Such an intervention
team, however, would not be appropriate 1f a "sweep" of parks
were intended or 1f such a team were expected to deal with the
1nd1viduals as a group. Staff will explore the appropriateness
of a local agency engag1ng 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 C1ty staff have become aware of resident discomfort
w1th the numbers of people who are currently coming to the Ocean
Park Commun1ty Center for help and congregating around the
bU1ld1ng. The Center Staff has developed a program of dialogue
with immediate neighbors to address the problems raised by area
res1dents 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 cltles, decentrallzed serVlces have been sought to avoid
a heavy concentration in anyone area of a city. Therefore it is
appropriate for the Clty to engage in a variety of activities to
d~sperse serv~ces offered to the homeless population. To that
end it is recommended that:
1. The Westside Shelter Coal~tlon or other ~nterested 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 in need.
2. The Westslde Shelter coalitlon be funded to offer a workshop
to Wests~de churches interested in providing emergency
serv~ces to increase the numbers of serv~ce providers in the
area and thereby decrease the demand on any single agency.
3. The City consider issuing a request for proposal to local
churches and agencies to offer a soup line on a cost
relmbursement basls for those currently scavenging throughout
the community for food. Interested agencies could get help
in sett~ng up such a servlce from the network of service
providers avallable through the Shelter Coalition. The
location of such a service away from resldentlal areas would
be a prlme consideratlon.
4. City Staff explore a requirement to serve a set amount of
homeless people ln approprlate agency workplans for the
coming year.
18
BUDGET AND FISCAL IMPACT
Staff has ~dentlfied three posslble sources of funds for training
and service provision:
1. $15,000 is available from funds budgeted for Community Crime
Prevent~on act~vit~es. It ~s felt that the homeless pose a
source of fear on the Clty streets and that therefore
utiliz~ng crime prevention funds for training and service
efforts to address this problem 15 appropriate.
2. The only remaln~ng grant funds not yet awarded to a
part~cular agency 1S the $55,000 in general funds earmarked
for tenant assistance and counsell~ng services. A d1Scussion
for the use of these funds will
informat1on report to Council, with
use for pending social serv~ce needs
December 13, 1983. One use to be
emergency serv~ces to the homeless.
be presented in an
recommendations on 1ts
to be transmitted on
cons~dered will be
3. If Council identified the need for add1tlonal funds for
emergency serv~ces,
the only other source ava~lable 1S
general fund reserves.
RECOMMENDATIONS
I. Staff recommends that Councll author~ze City staff to:
A. Co-sponsor with the Westside Shelter Coalition two tra~nlng
workshops (as outllned in recommendat~ons land 2, page 18)
at a cost not to exceed $5,000 for trainers, materlals,
19
.i t (
advertising, etc.,
to be held within the next 6 months.
Appropr~ate agencies which receive City funds would be
required to attend the workshop dealing with referral and
other serv~ces for the homeless.
B. Consider the issue of the homeless and related problems when
assess~ng the use of rerna~ning 1982-83 community service
funds and in developing service priorit~es for the com~ng
year
II. Adoption by Council of the accompanying Resolut~on ~s
recommended.
Prepared by: Vivian Rothstein
Comrnun~ty L~a~son
Attached: Resolut~on regard~ng community 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 woundedh who have no support
services to maintain a productive and stable l~fe; 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 d~sturbed 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
I
.
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 crisis care
(b) Transitional living settings geared toward a return to
independent living
(c) Day activity centers to help maintain those who need
daily support serv1ces
(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
commun1ty mental health services when appropriate
SECTION 2. The City Council of the City of Santa Monica
calls upon local City governments and the County of Los Angeles
to br1ng before the Governor and State Legislature the press~ng
need for community mental health facilit1es to relieve the
discomfort of local residents and the unmet needs of those 1n
need of such services.
SECTION
3.
The City Council of Santa Monica shall
co~~unicate its concern for increased funding of comrnun~ty mental
health facilities to the following organ~zations:
22
. ~ l ~
League of California Citi..
Southern California ~.oc1ation of Governments
u.s. Conference of Mayors
Governor of the State of California
Senator Herschel Roaenthal
Assemblyman Tom Hayden
Supervisor Dean Dana
SECTION 4. The City Clerk ahall certify to the adoption of
this Resolution, and the nee forth and thereafter the aame shall be
in full force and effect.
APPROVED AS TO
~ w...
ROBERT M. MYERS
City Attorney
23
.
.
. .
=- DII....,. t....tt... r
IV Il~tr.
EftrY ..... wlto CllllUlJillIIl1 111.. ~
M:II it pailty 01 d.itordcrI)' conduct. a __~n-
-=
ea) Who lOIk:iu &nyODC to c:ap,fC iD or .ho
....cs in lewd or diuoJulC coadUCl ID uy pubhc
place or iD any place open 10 tile public or C1tpoIed
10 pubbc: view
(b) Who .obciu or who cap.. ia any act 0(
proItitution As UICd in thIS IUbdlvision, "'pruItitu-
lion" iDcludes uy lewd .ct betwem penons for
MQC)' or ocher CXJaSida'&llOft.
(e) Who ICC05U other ~ ill any jlUblie
place or iD an)' plac:c open to \be pubbc for tbe
putpaIC 01 bruilll Oft IOUciliq .I~.,
(d) WIIo laiten in or ....t any taiIcl opeD to
1M public: for the Plr;P.* 0{ ""lIlJl.;:.t ie or IGIicit-
ia& any Jnrd 01 Wcmous 01 .ny wruJ .et.
(c) Who Joitcn or wandc:n upon tile JUwU or
&om place to place without app.rent nuon or
busmCa. and who refuses to idatufy JWnse1f' ad
Ia I~nt for his presence wbcn requested by .ny
peace alficer 10 to do. it the .1lrroundiq Qrcum-
llanc:es are neb IS to iDdicalC 10 . reasonable
IICf1l?I' that the public: ..rety demands JUCh idcati.
rlC&tion.
(0 Wbo is found ill an)' public place uder the
iaI1uence or iDtoxicatiDI liquor, any drua. toluene.
III)' lubstance dcfiftCCI IS . poiJOD in SCbedulc D
vi Section 4] 60 of the Buslnca IJId Prof_ions
Code. or any wu.btnatiOD 01 any iDlcWc:aliq li-
quor. dru&. toIUCDC. or any RCb poiJoa. iIllUCh .
Ooftdition dlat lie it unable to aerciIc care for bis
OWIIllfet)' or tbc ..rety of' otbcn., or by nuon of
b bciq under tJac iDfiueDCC vi i1IloDca~ Ii.
11'*'. uy drua. toluene. all)' .t.tuce ckrlDed IS
a poison in SChedule D of Section .160 of tile
J&j.iness and ProIeuiom Code. OIIDY ClCIIIIbW-
&ion 01 any iIlloxic:atilllliquor, dru&. 1Ohaenc. or
lilY such poison, interfcra with or oIIItnacu or
prevents the free ue of illY areet. IidcwaIk. or
CItber public way.
Ur) WbcD a bas violated IUbdiviIion (0
01 this IOCtion. = ofTlCCf. if be is nuonabl)'
IbIe to do 10. shaD plac:c !be pcrIQIl. or Que him
to be ~ced. in civil ~ective custody Such per-
IDIl aball be taken to I racility, -iv-tell puma-
ut to 5cctJoa '170 oIlbc WeJlare ud tilslilY.
boas Code. for tbc 72;-baar tnaUIICDt ad
....]..tioa 01 incbrialCl. A peace ofI"ar _, ~
. pcnGIlla dYU protICtiYe Cutody wiU IMt tiDd
ud dcJrec or force whid would be lawful were lie
....cctiq III arrc:It for IlIIiIdaneaDor without a
Wln'IDL No ~ who Iw Mat placed ill c:MI
~~ cutody thaJl tJIeneIIer .. abjecllO
u "w _WI . WlDiII ClOUt -
-L~ ._r" --:-.:'_-r." or ~ . . -!:':a.
-IDI -- - ..... .Icts IJ!IIII ftIC 10 -
r:=t. Tbilsubdivilicm IIWJ DOl apply to die
penca: -
(I) MY paIOIlwbo is .1Ider 1M IaIhlCDCla at
APPENDIX I.
..,.~.adcrtllc_biDedballUCDCZor
IatOUcal1Dlliquor ud 1ft)' drq.
(2) MY ~ wIloa pelcc otrJCe11w prob-
able C8UC 10 beI_1w coaunittcd any fdoay,
or who !au ClDIIUIIiUlld an)' mildcmcanor mad.
dition to subdIvision (0 Of this JCCtIon
(3) Any pcrIOII who. peace otrlCCf In lood
faith believes wiD attempt escape or will be un-
nuonabl)' diff'1CU1t .for 1D.lleal pcnonnel to
..urol.
(J) Who Ioiun, prowls. or wanden upon the
priwate property or another, in the ni&htume. "Itb.
., viIa"bJe -OIIawf'uJ busiftCSS with tbc OWIIeT or
CICCIlp< tkreof.
(.b) Who. .hile Ioitaiq" prowlin&. or Winder.
.. upon Ihe ~te propeny 01 anotber. in the
lliahttime. peeb ill the CIoor or windoW of .ny
iUabited buildil\l or 1trUc:l1lrC ~ted thereon,
wiIMt _ble or lawful business with the O'It'ner
or ~uplJlt tbcreor.
(i) W.bo ~ ill In)' builcbllJ. Itnacturc. vehi-
cle. .. ~ce, wbclbcr pubbe or private, wIthout
.. permission of t.bc owner or penon entitled to
the pc:uaaion or ill control t.hcreof
ID an)' accusatory plcadin. char,inl a viola tlon
flllUbdlYilioo (b) 01 this JeChOn. i the defendant
tau been once previously COllVlctcd of . violatIOn
afthallUbcbvilaoa. the previous conVlCtion shall be
dwpd in the Iccusatory plcadinJ. .nd. if tbe
JII'C"IOUS caavictioa is found to be true by tbeJury.
apon a.(utY trial. or by t.bc court. upon a c:oun
trial, or. admitted by the defendant. the defend-
..t IhaU be im~ il the county .JAil ror a
peric:Jd 0( DOl leU than 4' days and ahall DOt be
w,iblc for rdeasc upon completIon of senten~.
.. p&roIc. or oa any other basis autilllc has served
. period elaoc leu than 4' days in the county Jail
fa 110 IUdJ cue IbaD the trial court ....nt proba.
Iicxt GI' JUSJlQd t.be CUCUtJOll of JCJlt.cDce imposed
.poII me "'eadant.
In In)' ICQlIItor)' plcadinl cbafJlnl a \I101ltlOn
01 JUbcbvision (b) cirf1tl.is sectJOft. if tbe defendant
Jw, been ~y convicted two or more bm~
ell violallOlJ el that subdivision. each such prevl-
011I conviction Jball be ebaracd aD the acalSatorl
pIea~ aDd, if CWO or more of such preYlQU5
ClOftYic:bonIarc roud to be true by t.be JUry, upon
a jary trial. or by tbe court. upon a court tNl. or
arc admitted ~ lhe defendant. the defendant shall
lie iml'risaaed aD tbe COWlt)' Jail few I period of not
leu ..... 90 dayslDd sbaU DOt be chJible for
reIeuc Ill*' CiOIIlJ'Ietioa olaentenc:c. 011 Jlllrok, or
.. 1ft)' oIhcr basiS utiJ be bas serwd a period of
Mil .. iliaD 90 days ill tbc CCIUIJt)' ,)IiI. ID DO such
cue aba11 \.be IriaJ coun arut ~tlOll or IUS-
IIIDCI chc eucution oIlCDleDCe unl'ClCd UpoI'lthe
iefeadaDL IAIJI. 1961 ell. 560, 1965 ch 1959.
.967 ell. 1311, 1969 eM. 204. 1319. 1970 c:h. 26.
:alive ~ 23,1970.1971 ~. 1511, ]977 eh
IW.:c.I,. Pia. Pr. ..,,-Will'" .......... "Cnm-
,
.. .. .. . .
ADOPTED AND APPROVED THIS
29th
DAY
OF
November
t 1983".
~~cf
MAYOR
..~
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO.
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, Epste1n, Jenn1ngs, Press,
Reed, Zane and Mayor Edwards
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
~ '1h 0IUV(~
CITY CLERK
~ ,. ~ I
,.,-.
0::
--
''l
........
S"1
o-;:J
....
c
~
>..
OJ
-
....
H
o
~
~
<
.;..;
't
...c
.J
-:l
Q
..J
DISTRIBUTION OF RESOLUTION # ~~f~
Council MeetIng Date {('-;ttJ..-r-3>
Agenda Item # 1(- C-
'"
ORDINANCE #
Introduced:
Adopted:
Was It amended?
VOTE'
/Y"1.A) * ALWAYS Pl'BLISH l~DOPTED ORDINA..\lCES
" ~ 'u0 -::~d"1-/
AffirmatIve: ~ ~?~. (}~-__. T~ ~ ~~ +- ~~~
Negative" /~ ~f/ ff -' , "/'
Abstain'
Absent:
F
'J
:..;
::::
~
,....
-
-I
DISTRIBUTION:
ORIGINAL to be signed~ sealed and filed In Vault
Q.l
>
NEWSPAPER PUBLICATION (Date: )
Department or1g1nating staff report (tl:r.J.-'~ K~ .J'J-h,:~ (I)
:.......:....;r"" 1(/ -
~4anagement Serv~ce~ Lynne Barrette - urdlnances only "t:-
o
..)
o
...
Agency mentioned In document or staff report
(certified?)
SubJect file (apenda packet)
cD
GJ
cD
Counter file
Others:
~~~C~)
ParkIng Auth.
Airport
AudItorum
Personnel
'-..f""
Q
::j
Building Dept.
Planning
Police (en-
forcement?)
-
"-'
:>
H
EnVIron. Servo
Q
:..;
....
FInance
PurchaSIng
o
Fire
Recr/Parks
.J:
General Servo
>-
G.J
......
TransportatIon____
LIbrary
Treasurer
C
>..J
..J
<
Manager
>-..
+-'
..;
SE:\"D POUP, COP IES Of ALL ORDINANCES TO:
COD!".l) SYSTEMS, At tn Pe-te-y r'taclear ie
120 ~1aln '::tr<:et
AV0~. Nev Jersev_OZ7l7
. I. ..
SEND FOUR COPiES OF AllrL ORDTNA\J('F<::: TO:
PRESIDING JUDGE
SANTA MO~ICA MUNICIPAL COURT
1725 MAIN STREET
SANTA MONICA, CA 90401
TOTAL COPIES
::..:;
'....,
o
,..,
+-"
(i)
--------
(J
..0
o
.:.:::::