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O2349Council Meeting 2-22-2011 Santa Monica, California ORDINANCE NUMBER 2349 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 1.08 OF THE SANTA MONICA MUNICIPAL CODE REGARDING RULES FOR USE OF CITY LIBRARIES WHEREAS, the City 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, all of the City's public facilities are heavily utilized, including its libraries; and WHEREAS, City libraries are operated for the benefit of the general public and must function as shared resources; and WHEREAS, City libraries often operate close to their peak visitor capacities, with averages of 132,000 visitors per month and 4400 visitors per day; and WHEREAS, the very high numbers of library visitors necessitate special efforts to preserve open access and quite enjoyment of the City library facilities for all patrons; and WHEREAS, individuals who cannot or do not regulate their own conduct or who damage library property or persistently annoy other patrons or disrupt the quiet enjoyment of these public facilities make it impossible for the City libraries to serve their intended purposes; and WHEREAS, library rules, intended to ensure that City library facilities remain available to all, serve the general welfare; and WHEREAS, such rules must be formulated and administered fairly and reasonably so as to preserve and protect individual rights, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Santa Monica Municipal Code Section 1.08.030 is hereby amended to read as follows: 1.08.030 City library and meeting facilities rules. (a) The Library Board may promulgate rules for the use of City libraries and the City Manager may promulgate rules for the use of City meeting facilities. (b) Such rules shall be formulated to ensure that the libraries and meeting facilities serve their primary purposes. In the case of libraries, these purposes include the provisioh of a quiet and orderly environment in which people may read, study, use library materials and equipment and contemplate. The purpose of meeting facilities is to provide an orderly environment in which groups may gather to conduct meetings, attend lectures and discussions, and undertake other group activities. The rules may regulate disruptive behavior, noise, offensive odors, health and sanitation hazards, and bringing possessions, materials or objects into the library or facility which are likely to interfere 2 with its use by others. The rules may not unreasonably or unfairly restrict access to libraries or facilities by any person or group. (c) Any person who has violated any rule or regulation duly adopted by the Library Board may be subject to the suspension of his or her borrowing or library visitation privileges for a period not to exceed one year, as provided by the library rules. (d) Notwithstanding subsection (c) above, any person who carries overdue Library fines or who fails to timely return borrowed Library materials shall be subject to the suspension of his or her borrowing privileges, until such time that all outstanding fines are paid and all borrowed materials are returned or paid for. (e) Any person subject to suspension of his or her borrowing or library visitation privileges, as authorized by subsection (c) above, may appeal the suspension pursuant to Section 1.08.035. Unless otherwise ordered by the Hearing Officer or by a Court of competent jurisdiction, suspensions remain in effect during the pendency of any administrative orjudicial appeal. (f) Rules for the use of City libraries and meeting facilities shall be conspicuously posted on the premises. Any person who violates the rules shall be advised of the violation and the rules' requirements. Any person who fails or refuses to comply with any rule after receiving a personal notice shall be warned that continued failure to comply may result in the person being required to leave the premises. (g) Any person who fails or refuses to leave the facility after being given the requisite notice, warning and direction to leave, shall be guilty of a misdemeanor which shall be punishable by a fine not exceeding one thousand dollars per violation, or by 3 imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Section 2. Santa Monica Municipal Code Section 1.08.035 is hereby added to read as follows: 1.08.035 City library privileges suspension appeals. a) Any person subject to suspension of his or her borrowing or library visitation privileges, pursuant to Section 1.08.030(c) of this Code, may appeal the suspension by completing an appeal form, stating the basis of the appeal, and returning it to the City. Clerk's Office within 7 days of the start of the suspension. b) The City Manager or the Assistant City Manager shall serve as the Hearing Officer for any appeal. If both the City Manager and the Assistant City Manager are unavailable or unable to serve as the Hearing Officer, a Hearing Officer shall be appointed in accordance with the procedures set forth in Section 1.10.050. c) City staff shall submit a written report concerning the suspension to the Hearing Officer, with a copy to the person requesting the hearing, within five business days of the City's receipt of the request for appeal. The Hearing Officer may request additional written or oral information from City staff or the recipient of the suspension prior to issuing a written decision. d) The Hearing Officer shall render a written decision within 30 business days of the City's receipt of the request for appeal. The Hearing Officer may extend this 30 day period, in writing, in order gather and consider additional evidence. 4 e) Any person directly aggrieved by an administrative decision of a Hearing Officer may obtain review of the administrative decision by filing a petition for review with the Superior Court in Los Angeles County. 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 shat! 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: s ,~~ ~, MAR HA J ~ ES MOU RIE City ttorn y 5 Approved and adopted this 22nd day of February, 2011. U - ~' " Richard Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2349 (CCS) had its introduction on February 8, 2011, and was adopted at the Santa Monica City Council meeting held on February 22, 2011, by the following vote: Ayes: Council members: Holbrook, McKeown, O'Day, Shriver Mayor Pro Tem Davis, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor A summary of Ordinance No. 2349 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: _--- ~~ Maria M. Stewart, Ci y Clerk