SR-400-006 (6)
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CA RLK:SSS :(A
Council Meeti~ 10-23-79
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Santa Moni~, Ca11fornia
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OCT 2 :3 1979
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STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: "For Sale" sians in automobiles
INTRODUCTTON
This report transmits a request that the City Council
dlrect the City Attorney to prepare an ordinance amending
Munlcipal Code Sectlon 3376(d) so that it regulates, rather
than prohlbits, the dlsplay of "for salell signs 1n automob11es
in the City of Santa MonLca. The City Attorney is of the
oplnlon that th~s change lS necessary to conform the present
Code Sectlon to recent court decisions concerned with
"commerclal speechu.
BACKGROUND
Sectlon 3376(d) of the Santa 140nlca Municipal Code
states:
IINo person shall stand or park
a 'vehlcle upon any street for
the purpose of displaYlng such
vehicle for sale by sign or
otherwise."
This ordlnance 1S apparently intended for the prlncipal
purpose of prohlbitlng used car dealers and others from
taklng up parklng spaces for commercial uses, however, the
law as written conta1ns a flat prohibition against displaying
IIfor salell signs ln automoblles, even If the automobile is
parked on a public street directly 1n front of the ownerls
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OCT 2 3 1979
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(4) A lJ_mitat~on on the s~ze of a "for salell
sign that would proh~bl t display of It for saleu slgns that
would he 11kely to cause passlng motorists to slow down their
veh~cles or to divert the1r attention from the road.
In any event, it 1.5 felt that the regulation of "for
salel! 5~gns should not extend to the advertislng by a prlvate
cltlzen of his own personal vehicle at or near h15 resldence.
ALTERNATIVES
The Council may direct the Clty Attorney to prepare
amendments to Section 3376(d), or may choose not to do so.
RECOMMENDATION
It 18 respectfully recommended that the Councll d1rect
the City Attorney to prepare appropr1ate amendments and submit
them to the Council for a public hearlng.
prepared By: Richard L. Knickerbocker
Stephen S. Stark
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