SR-022608-8C~~~
c;~Yar City Council Report
Santa Monica
City Council Meeting: February 26, 2008
Agenda Item: ~ JG
To: Mayor and City Council
From: Marsha Moutrie, City Attorney
Subject: Request for Direction to Prepare Ordinance Prohibiting Seeking Donations
from Benches On The Third Street Promenade
Recommended Action
Staff recommends that the City Council direct staff to prepare an ordinance for Council
consideration which would help promote shared use of the street furniture in the Third
Street Promenade by prohibiting panhandling from chairs and benches in the
Promenade.
Executive Summary
Representatives of both the Bayside District Corporation and the Police Department
report that use of chairs and benches on the Third Street Promenade is often
monopolized by persons soliciting donations. Use of the street furniture for this purpose
tends to be extended and therefore prevents other members of the public from using the
furniture for its intended purpose of temporary respite. Because the number of chairs
and benches on the Promenade is limited and is very small compared to the number of
visitors, this monopolization creates a hardship for Promenade visitors, particularly
those who are elderly, very young or disabled. Accordingly, staff recommends that the
Council direct staff to prepare an ordinance for consideration that would preclude
solicitation from Promenade chairs and benches or otherwise ensure that they remain
available for shared use.
Discussion
The Third Street Promenade is one of the two most popular venues in the City, hosting
throngs of visitors throughout the year. Crowds on the Promenade often number in the
thousands per block. However, the street furniture on the Promenade provides seating
for only about 100 people. Moreover, many visitors have special need of places to rest.
This includes the elderly, the very young and the disabled. However, the limited seating
is often unavailable because it is monopolized by persons who use it for hours at a time
in order to solicit donations.
Representatives of the Bayside District Corporation and Police Department have been
aware of this problem for some time and have suggested that legal staff seek direction
on the preparation of an ordinance to help ensure that the benches remain available for
shared use. Because many people who monopolize the benches by occupying them for
very long periods of time are seeking donations, prohibiting solicitation from the
benches on the Promenade would probably significantly improve the situation
This approach would respect the First Amendment rights of those seeking donations.
They would still be able to seek donations on the Promenade and from benches outside
the Promenade in less crowded areas. And, this approach would be consistent with the
existing prohibition against using the Promenade street furniture for street performance.
Staff has also discussed the possibility of time limiting use of the street furniture.
However, this approach would be problematic and costly to enforce. Therefore it is not
recommended.
Financial Impacts & Budget Actions
As this report merely seeks direction, there is no immediate financial impact. If Council
ultimately adopted an ordinance, enforcement would be handled by existing staff. So, it
is anticipated that staffs recommendation would not generate significant financial
impacts. In contrast, mandating time limits for benches would likely entail financial
impacts because of enforcement costs.
Prepared by:
Marsha Jones Moutrie, City Attorney
2
Approved: Forwarded to Council: