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~;tYOf City Council Report
Santa Monica
City Council Meeting: 10-12-2010
Agenda Item: ~~
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance Amending the Sidewalk Obstruction Regulations
Recommended Action
Staff recommends that the Council approve on first reading the attached Ordinance
amending Santa Monica Municipal Code Section 3.12.372 and adding Section 3.12.373
in order to limit persons and objects from impeding drive-way access and obstructing
sidewalk traffic.
Executive Summary
In recent years, persons have .begun conducting commercial and other obstructive
activities on public sidewalks, including exercise groups, physical therapy sessions, and
weight training. These exercise activities and their associated rest periods often cause
substantial impediments to pedestrian circulation and driveway access and raise
significant safety concerns. This proposed Ordinance amends the City's existing
sidewalk obstruction laws in order to limit the above sidewalk and driveway impeding
activities by requiring that four feet of sidewalk width remain unobstructed and that
driveways are not blocked.
Background
The Council has adopted various ordinances in the past with the goal of limiting
sidewalk obstructions and encouraging the free and safe flow of pedestrian traffic.
Nonetheless, for some time, persons have been conducting commercial and other
obstructive activities on public sidewalks throughout the City, including exercise groups,
physical therapy sessions, and weight training.
These activities have increased in recent years as persons have discovered that many
of the City's public sidewalks offer views of scenic vistas, street performances, or store
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front windows. Additionally, many have concluded that conducting physical training on
the public sidewalk is far-more cost effective than paying rent at an exercise facility
within the City. These activities occur in various parts of the City, and they are
particularly prevalent in the neighborhood near Adelaide Drive and 4th Street, as
persons are attracted by the combination of stellar views of Santa Monica Canyon and
the sea from Adelaide Drive, the nearby wide grassy median on 4th Street, and the two
old, steep stairways connecting Adelaide Drive at the top of the bluff with Entrada Drive
in Santa Monica Canyon below.
Discussion
The increased sitting, Tying, and stationary exercising activities on public sidewalks have
significantly hampered pedestrian and vehicular access in and across public sidewalks
throughout the City. A person engaging in stationary exercising activities (e.g.,
pushups, sit-ups, weight training or stretching) or resting (by sitting or lying on the
sidewalk) in between exercise routines could easily occupy the entire width of a public
sidewalk. These obstructions force pedestrians off the sidewalks and onto nearby
roadways, thus significantly increasing the likelihood of collisions between pedestrians,
cyclists, and vehicles.
Additionally, exercise and resting activities often take place on sidewalks that are
adjacent to driveways and entrances that serve adjacent residential or commercial
establishments. This presents even more safety hazards, as vehicles traveling in
reverse, through driveways and crossing the adjacent sidewalk, often have difficulty
seeing persons sitting, lying, or exercising in a lowered position on the public sidewalk-.
There is an existing sidewalk obstruction law (SMMC Section 3.12.350) which prohibits
sitting or lying down upon a public sidewalk in the Bayside District or upon the Third
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Street Promenade, between six a.m. and one a.m., regardless of whether the act of
sitting or lying actually obstructs the sidewalk. This law is not applicable outside of the
Bayside District or the Third Street Promenade.
The existing sidewalk obstruction law that is applicable throughout the City (SMMC
Section 3.12.372) generally prohibits sidewalk obstruction by objects, not persons. The
proposed ordinance amends this law by maintaining the existing prohibition against
sideway obstructions by objects; and it expands the prohibition to include persons
sitting, lying down, or performing sit-ups, push-ups, weight training or other stationary
activity upon any public sidewalk which either impedes access to nearby driveways or
leaves less than afour-foot contiguous sidewalk width clear for pedestrian passage.
The proposed law would not ban sitting or lying on sidewalks per se. Rather, it prohibits
obstructions of sidewalks to such an extent that less than four feet of width remain
available for pedestrians. Additionally, this limited prohibition does not apply in the case
of medical emergencies, at bus stops or other activities permitted by the City. In
contrast, the law flatly prohibits obstructing driveways (except in the case of medical
emergencies) because such obstructions are particularly dangerous.
In crafting the proposed ordinance, legal staff has been guided by the feedback from
law enforcement personnel and the community, and by general principles of
constitutional law, including Due Process and Equal Protection. Due Process requires
that a law must reasonably or rationally relate to a legitimate governmental purpose and
that, if the ordinance impacts a fundamental right (in this case such as the right of
speech or assembly), the ordinance must advance a compelling state interest in the
least restrictive method available to effectuate that interest. Equal protection requires
the government to treat impartially all persons who are similarly situated. This
requirement means that a law which is, or even may be, enforced in a discriminatory
manner -- such as a law prohibiting "loitering" -- will be adjudged unconstitutional. The
proposed ordinance was drafted to meet these requirements
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Financial Impacts & Budget Actions
There are no financial impacts associated with the adoption of the proposed ordinance.
Prepared by: Yibin Shen, Deputy City Attorney
Approved:
Forwarded to Council:
~~~
Rod Gould
City Manager
Attachments:
A: PROPOSED ORDINANCE -Amending Chapter 3.12 Related to Sidewalk and
Driveway Obstructions
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ATTACHMENT A
Council Meeting: 10-12-2010
ORDINANCE NUMBER (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 3.12 THE SANTA MONICA MUNICIPAL CODE RELATED TO
SIDEWALK AND DRIVEWAY OBSTRUCTIONS
WHEREAS, the City consists of just eight square miles of coastal land which is
home to 90,000 residents, the job site of 300,000 workers, and a destination for as
many as 500,000 visitors on weekends and holidays; and
WHEREAS, the City's unusual density necessitates special efforts to preserve
the free and safe flow of pedestrian, bicycle, and vehicular traffic; and
WHEREAS, public sidewalks are created and maintained for the primary purpose
of enabling pedestrians to safely and efficiently move about from place to place; and
WHEREAS, ensuring the unobstructed flow of pedestrian traffic on sidewalks
promotes public safety by minimizing the risk that pedestrians will jostle one another,
collide, trip, or fall, and ensuring that persons may move safely away from dangerous
situations which may occur on or near public streets and sidewalks; and
WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to
the safety of the elderly, the very young, the disabled, vision-impaired persons, and
others who are less able to navigate through crowds and around obstacles or hazards
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and who are particularly jeopardized by having to navigate off and onto curbs when
sidewalks are blocked: and
WHEREAS, hindrances to the free flow of pedestrian traffic on sidewalks may
interfere with the work of public safety personnel seeking immediate access to
emergency situations and with other work vital to the public health and safety such as
cleaning and maintenance; and
WHEREAS, blockage of public sidewalks poses serious safety hazards because
pedestrians who cannot pass freely along the sidewalk frequently step into the street
where they may be struck by vehicles or cause collisions between vehicles; and
WHEREAS, public sidewalks are not safe places to sit or lie down or perform
stationary exercises because physical injury may occur from trampling or collisions; and
WHEREAS, disease may be transmitted to persons sitting, lying or exercising on
sidewalks because people or animals expectorate, urinate or defecate on sidewalks;
and
WHEREAS, in recent years, persons have begun conducting commercial and
other obstructive activities on public sidewalks, including exercise groups, physical
therapy sessions, and weight training; and
WHEREAS, these persons often engage in group stationary exercise activities,
such as stretching, weight lifting, push-ups or sit-ups, oh the public sidewalk; and
WHEREAS, these persons, engaged in stationary exercising on the public
sidewalk, often sit or lie on the public sidewalk to rest between exercising sets.
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WHEREAS, sitting or lying or other stationary exercise activities on the public
sidewalks interferes with the primary purposes of the public sidewalks, threatens public
safety, and damages the public welfare; and
WHEREAS, also, significant numbers of homeless persons have resided within
the City and such persons sometimes block the public sidewalk to sleep or rest; and
WHEREAS, the sidewalks are not intended, designed or maintained for these
uses; and
WHEREAS, persons sitting, lying or exercising on sidewalks near driveways add
additional safety concerns, as drivers of vehicles traveling in reverse through driveways
and crossing the adjacent sidewalk,. often have difficulty seeing persons sitting, lying or
exercising in a lowered position on the public sidewalk.
WHEREAS, there are numerous other places within the City where sitting or lying
or stationary exercising can be accommodated during daytime and evening hours
without unduly interfering with the flow of pedestrian or vehicular traffic, threatening
public safety or harming the public welfare; and
WHEREAS, these other places in the City include City parks, beaches, common
areas open to the public, and on private property with the permission of the property
owner,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 3.12.372 of the Santa Monica Municipal Code is hereby
amended to read as follows:
3.12.372 Sidewalk obstruction
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(a) No person shall block or obstruct anv public sidewalk so that less than a
four-foot contiguous sidewalk width is kept clear for pedestrian passage at all times.
Conduct prohibited by this section includes, but is not limited to, blocking or obstructions
caused bv:
(1) placing any property, material, or other item upon anv public sidewalk;
or
(2) sitting or lying down upon anv public sidewalk; or
(3) sitting or lying down upon a blanket chair stool, bench or anv other
portable object placed on a public sidewalk
(4) performing sit-ups push-ups weight training or similar stationary
exercise activity upon any public sidewalk.
(b) The prohibitions contained in this Section shall not apply to any person:
(1) sitting or lying on a public sidewalk due to a medical emergency or
as permitted by federal, state or local law;
(2) sitting or lying on a public sidewalk while participating in or
attending a parade, festival, rally, demonstration, meeting or activity
lawfully conducted pursuant to aCity-issued permit or license on the
public sidewalk;
(3) sitting on a public sidewalk within a bus stop zone while waiting for
public or private transportation;
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(c) Anv person violating this Section 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, or by
imprisonment in the County Jail for a period not exceeding six months or by both such
fine and imprisonment.
Section 2. Section 3.12.373 of the Santa Monica Municipal Code is hereby
added to read as follows:
3.12.373 Driveway obstruction
(a) No person shall block or obstruct vehicular access to or from any
driveway. Conduct prohibited by this section includes, but is not limited to, blocking or
obstructions caused bv:
(1) placing any property, material, or other item upon any. public
sidewalk; or
(2) sitting or lying down upon any public sidewalk; or
(3) sitting or lying down upon a blanket, chair, stool, bench or any other
object placed on a public sidewalk
(4) performing sit-ups, push-ups, weight training or similar stationary
exercise activity upon any public sidewalk.
(b) The prohibitions contained in this Section shall not apply to any person
sitting or Iyinq on apublic sidewalk due to a medical emergency.
(c) Anv person violating this Section 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 or by
imprisonment in the County Jail for a period not exceeding six months or by both such
fine and imprisonment.
Section 3. 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.
Section 4. 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 5. 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:
(,
MAR HA JONES U~TRIE ~ " -
City Attorney V
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