O2335City Council Meeting: December 14, 2010 Santa Monica, California
ORDINANCE NUMBER 2335 (ccs)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
RELATING TO THE ISSUANCE OF SANTA MONtCA MUNICIPAL CODE
VIOLATIONS AS INFRACTIONS OR MISDEMEANORS AND CLARIFYING THAT
CERTAIN CITY OFFICERS HAVE THE POWER TO ISSUE CITATIONS
WHEREAS, unless otherwise specified, any violation of the Santa Monica
Municipal Code is a misdemeanor; and
WHEREAS, certain Municipal Code sections relating to the use or obstruction of
public sidewalks and the use of public parking structures could be enforced more
efficiently if citations could be issued as ihfractions rather than as misdemeanors when
the circumstances warrant a lesser charge; and
WHEREAS, Santa Monica Police Officers shall retain the discretion to issue
citations as misdemeanors when the circumstances warrant such a charge; and
WHEREAS, certain City employees currently exercise arrest and citation powers
pursuant to their enforcement authority; and
WHEREAS, expressly authorizing certain .City employees to exercise arrest and
citation powers provides clear standards regarding the City's code enforcement
process, which serves to inform and benefit the public.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.12.370 of Chapter 3.12 of the Santa Monica Municipal
Code is hereby amended to read as follows:
3.12.370 Leaving or placing property or other items
on sidewalks, streets, streetscape, or public buildings.
Except as otherwise permitted by this Code or City contract,
no person shall upon any public sidewalk, street, right-of-
way, streetscape, public building, or other public facility:
(a) Leave any property or other item unattended for a
period of longer than ten minutes;
(b) Place any property or other item(s) unless the item(s)
can promptly and safely be transported or removed at one
time.
(c) Any person violating subdivision (a) or (b) of this
Section shall be guilty of a misdemeanor, which shall be
punishable by a fine not exceeding one thousand dollars per
violation, or by imprisonment in the County Jail for a period
not exceeding six months, or by both fine and imprisonment;
or shall be guilty of an infraction, which shall be punishable
by a fine of not less than one hundred dollars but not more
than two hundred fifty dollars.
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SECTION 2.Section 3.12.540 of Chapter 3.12 of the Santa Monica Municipal
Code is hereby amended to read as follows:
3.12.540 Bicycle riding or coasting restricted.
(a) It shall be unlawful to ride a bicycle or to coast in any
vehicle upon any public sidewalk, except as provided for in
Section 3.12.550. It shall be unlawful to ride a bicycle or to
coast in any vehicle in any public parking structure
(b) Notwithstanding subsection (a) of this section, or any
other section of this Code, public safety personnel may
operate bicycles or roller skates at any place in the City in
the performance of their duties.
(c) Any person violating subdivision (a) of this Section
shall be guilty of a misdemeanor, which shall be punishable
by a fine not exceeding one thousand dollars per violation, or
by imprisonment in the County Jail for a period not
exceeding six months, or by both fine and imprisonment; dr
shall be guilty of an infraction, which shall be punishable by
a fine of not less than one hundred dollars but not more than
two hundred fifty dollars.
SECTION 3. Section 3.36.280 of Chapter 3.36 of the Santa Monica Municipal
Code is hereby amended to read as follows:
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3.36.280 Regulation of City-owned parking
structures.
(a) No person may be present in a City-owned parking
structure unless he or she is engaged in one of the following
activities or accompanying someone who is so engaged;
(1) Parking or unparking a vehicle or riding in a
vehicle which is being parked or unparked;
(2) Departing from after parking, or returning to, for
unparking, a vehicle which is parked in the parking
structure;
(3) Using or going to our from public restroom
facilities located in the parking structure;
(4) Authorized by the City of Santa Monica to be
present.
(b) Any person violating subdivision (a) of this Section
shall be guilty of a misdemeanor, which shall be punishable
by a fine not exceeding one thousand dollars per violation, or
by imprisonment in the County Jail for a period not
exceeding six months, or by both fine and imprisonment; or
shall be guilty of an infraction, which shall be punishable by
a fine of not less than one hundred dollars but not more than
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two hundred fifty dollars.
(c) The term "City-owned parking structures" means the
following structures, excepting retail or commercial space:
(1) Structure No. 1, located at 1234 4th Street, Santa
Monica;
(2) Structure No. 2, located at 1235 2nd Street,
Santa Monica;
(3) Structure No. 3, located at 1320 4th Street, Santa
Monica;
(4) Structure No. 4, located at 1321 2nd Street,
Santa Monica;
(5) Structure No. 5, located at 1440 4th Street, Santa
Monica;
(6) Structure No. 6, located at 1431 2nd Street,
Santa Monica;
(7) Structure No. 7, located in the 1500 block of 4th
Street, Santa Monica;
(8) Structure No. 8, located in the 1500 block of 2nd
Street, Santa Monica;
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(g) Lot No. 3, located at 1125 3rd Street, Santa
Monica;
(10) The Ken Edwards Center parking structure;
located at 1527 4th Street, Santa Monica.
SECTION 4. Section 4.55.130 of Chapter 4.55 of the Santa Monica Municipal
Code is hereby amended to read as follows:
4.55.130 Penalties for violation.
Any person violating any provision of this Chapter, including
any regulation of the Department governing the use and
enjoyment by the public of any park, shall be guilty of a
misdemeanor, which shall be punishable by a fine not to
exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not to exceeding
six months, or by both fine and imprisonment; or shall be
guilty of an infraction, which shall be punishable by a fine of
not less than -one hundred dollars but not more than two
hundred fifty dollars.
In addition, in any case involving the destruction, defacing,
removal or injury to any park facility or park foliage the court
may require restitution in an amount necessary to reimburse
the Department for the value of the item or material
destroyed, defaced, removed or damaged as well as any
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labor expended to replant or restore the area, item or
material affected.
SECTION 5. Section 3.36.090 of Chapter 3.36 of the Santa Monica Municipal
Code is hereby amended to read as follows:
3.36.090 City employees authorized to make arrests.
(a) Pursuant to Penal Code Section 836.5, City officers
and employees occupying the job classifications set forth in
subdivision (b) may arrest a person whenever he or she has
reasonable cause to believe that the person to be arrested
has committed a misdemeanor or infraction in his or her
presence which is a violation of the City Charter, this Code,
or any ordinance or statute and which. the officer or
employee has the duty to enforce. In any case in which a
person is arrested pursuant to this Section and the person
arrested does not demand to be taken before a magistrate, a
written notice to appear shall be prepared and the person
shall be released on his or her promise to appear as
provided for in Section 3.36.070 of this Code and Penal
Code Section 853.6.
(b) Any City officer or employee occupying one of the
following job classifications may make arrests and issue
written notices to appear pursuant to this Section:
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(1) Airport Security Guard.
(2) Animal Control Officer.
(3) Building Inspector.
(4) Community Noise Officer.
(5) Industrial Waste Inspector.
(6) License Inspector.
(7) Maintenance Manager.
(8) Plan Check Engineer.
(g) Sanitation Supervisor.
(10) Senior Animal Control Officer.
(11) Senior Building and Housing Inspector
(12) Senior Electrical Inspector.
(13) Senior Mechanical Inspector.
(14) Senior Plumbing Inspector.
(15) Street Inspector or Public Works Inspector.
(16) Street Superintendent.
(17) Supervising Building Inspector.
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(18) Supervising Zoning Inspector:
(19) Water/Wastewater Superintendent.
(20) Zoning Inspector.
(21) Park Ranger, solely for purposes of enforcement
of Chapter 4.04 of the Santa Monica Municipal Code.
(22) Code Enforcement Officer or Code Compliance
Officer.
(23) Office of Sustainability and .the Environment
Inspector.
(24) Traffic Service Officer.
(c) No City officer or employee shall make an arrest or
issue a written notice to appear pursuant to this Section
unless the Chief of Police has certified that the person has
received training concerning the procedures to use in
making an arrest and issuing a written notice to appear.
SECTION 6. Section 1.09.020 of Chapter 1.09 of the Santa Monica Municipal
Code is hereby amended to read as follows:
1.09.020 Definitions.
(a) "Enforcement officer" means a City Police Officer, a
City Code Compliance Officer or Code Enforcement Officer,
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a City Building Inspector, a City Combination Building
Inspector, a City Parking Enforcement Officer, a City Public
Works Inspector, a City Fire Inspector, a City Office of
Sustainability and the Environment Inspector, a City License
Inspector, a City Animal Control Officer or any other
authorized agent or employee of the City whose duty is to
assure Code compliance.
(b) "Responsible party" means any person, business,
company or entity, and the parent or legal guardian of any
person under the age of eighteen years, who has done any
act for which an administrative citation may be imposed.
SECTION 7. Section 1.10.020 of Chapter 1.10 of the Santa Monica Municipal
Code is hereby amended to read as follows:
1.10.020 Definitions.
(a) "City Official" means the head of any City department
or division charged with responsibility for enforcement of any
provision of this Code or his/her designee, including, but not
limited to, the Fire Marshal, the Building Officer, the Zoning
Administrator and the City Engineer.
(b) "Responsible party" means any person, business,
company or entity, and the parent or legal guardian of any
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person under the age of eighteen years, who has done any
act for which an administrative penalty may be imposed.
SECTION 8. 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 9: 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 this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 10. 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:
i~ ~~~-~-
A SHA J ES MO TRIE
Cit Attorr~
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Approved and adopted this 14th day of December, 2010.
Ri hard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
1, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2335 (CCS) had its introduction on November 23,
2010, and was adopted at the Santa Monica City Council meeting held on
December 14, 2010, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2335 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
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Maria M. Stewart, ity Clerk