SR-10-13-1981-8A~~
OCT 1 3 198}
CA•RMM°r
City Council Meeting 10-13-81
STAFF REPORT
TO: Mayor and City Council
FROM: -City Attorney
Santa Monica, California
SUBJECT: Ordinance Amending Municipal Code Sections
3395 and 3395A and Repealing Municipal Code
Section 3395B to Increase Fines for Parking.
and Traffic Related Offenses
At its meeting on September 8, 1981, the City Council
direcfed the City Attorney to draft an ordinance to increase
fines for parking and traffic related offenses. In response
to this directive, the accompanying ordinance has been
prepared.
ANALYSIS
Three provisions of the Santa Monica Municipal Code are
relevant to this issue: Section 3395 contains a list of vio-
lations for which the minimum fine is $ 10.00 if timely paid
and $ 50.00 if a warrant issues; Section 3395A contains one
violation for which the minimum fine is $ 25.00 if timely
paid and $ 100.00 if a warrant issues; and Section 3395B
contains a list of violations for which the minimum fine is
$ 5.00 if timely paid and $ 25.00 if a warrant issues.
The proposed ordinance merges these three sections into
two sections: Section 3395 with $ 25.00 fines ($ 50.00 if a
warrant issues) and Section 3395A with $ 10.00 fines ($ 25.00
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flCT 1 3 1981
if a warrant issues). In order to ensure that minimum fines
are established for all parking and traffic related offenses,
the scope of both new sections have been expanded. (In the
absence of this expansion, a number of fines would be set
solely by the court.)
The following summarizes the changes in fines to be
established by the ordinance:
SECTION DESCRIPTION CURRENT PROPOSED
3201 Parking in Public Parking Lot
Between 3:00 A.M. and 6:00 A.M.
Without Valid Permit $ 5 $ 10
3202 Driving Vehicle onto Public
Parking Lot Without Paying Fee $ 10 $ 25
3203 Driving onto Public Parking Lot
Posted With "Do Not Enter" Sign $ 10 $ 25
3204 Leaving Public Parking Lot Other
Than through Marked Exitway or
Gateway $ 10 $ 25
3205 Display of Parking Ticket in
Public Parking Lot $ 10 $ 25
3206 Improper Parking in Public
Parking Lot $ 10 $ 25
3207 Permitting any Dog to Enter
Public Parking Lot Except in
Vehicle $ 10 $ 10
3208C Prohibition of Certain Vehicles
in Public Parking Lot $ 10 $ 25
3209 Prohibition of Certain Trucks on
Public Parking Lots $ 25 $ 25
3210 Throwing Litter on Public Parking
Lot $ 25 $ 25
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SECTION DESCRIPTION CURRENT PROPOSED
3212 Driving Vehicle With Trailer
in Certain Public Parking Lots $ 5 $ 10
3324 Disobedience to Police Directing
Traffic $ 25 $ 25
3325 Disobedience to Traffic Control
Signals $ 10 $ 25
3326 Disobedience to Various Signals
and Signs $ 10 $ 25
3329 Stop Sign Violation $ 10 $ 25
3330 Driving Through Street Barrier $ 10 $ 25
3332 Jay Walking in Business District $ 5 $ 10
3333 Pedestrian Crossing Against
Signal or Police Direction $ 5 $ 10
3335 Leaving Material on Sidewalk $ 25 $ 25
3336 Soliciting on Sidewalk $ 10 $ 25
3337 Driving on Sidewalk, Parkway,
or Curb $ 10 $ 25
3338 Motor Vehicle Loading and
Unloading $ 25 $ 25
3339 One Way Streets $ 10 $ 25
3340 One Way Streets $ 10 $ 25
3341 One Way Streets $ 10 $ 25
3342 One Way Streets $ 10 $ 25
3343 One Way Streets $ 25 $ 25
3345 Other One Way Streets or
Alleys $ 10 $ 25
3346 Overweight Vehicle on
California Incline $ 25 $ 25
3348 Failing to Stop Emerging From
Alley or Private Driveway $ 10 $ 25
3349 Crossing Fire Hoses $ 10 $ 25
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SECTION DESCRIPTION CURRENT PROPOSED
3350 Biycle Riding on Sidewalk $ 5 $ 10
3350A Bikepath and Beach Restrictions $ 25 $ 25
3350.1 Reckless Cycling $ 10 $ 25
3351 Riding on Handle-Bars $ 5 $ 10
3352 Skateboards on Mall or
Palisades Park $ 25 $ 10
33528 Skateboards in Public Parking
Lots $ 25 $ 10
3353 Cutting Funeral Possession $ 10 $ 25
3354 Clinging to Moving Vehicles $ 10 $ 25
3355 Vehicles on Beach or Park $ 25 $ 25
3356 Scattering Load $ 10 $ 25
3357 Riding on Rims $ 10 $ 25
3364 Parking in Green Zone $ 5 $ 10
3365 Parking in Yellow Zone $ 5 $ 10
3366 Parking in Passenger Zones $ 5 $ 10
3366A xandicapped Parking $ 25 $ 25
3367 Parking on Roadway North of
Pier or on Nearby Beach $ 5 $ 10
3368 Parallel Parking $ 5 $ 10
3370 Pedestrian Standing in Street $ 10 $ 25
3371 Parking in Alleys $ 10 $ 25
3372 Parking in Red Zone $ 10 $ 25
3373 Overtime Parking $ 5 $ 10
3374 Parking 3:00 A.M. to 5:00 A.M. $ 5 $ 10
3374A Parking of Large Vehicles in
Residential Districts $ 10 $ 25
3374A1 Parking Commercial Vehicle on
Public Street or Alley $ 25 $ 25
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SECTION DESCRIPTION CURRENT PROPOSED
3374B Parking of Large Vehicles in
Commercial Districts $ 25 $ 25
3374C Commercial Adverstising on
Streets $ 25 $ 25
3375 Cleaning Car on Street $ 5 $ 10
3375A Storing Vehicle on Street $ 10 $ 25
3375B Parking on Private Property $ 10 $ 25
3375B1 Parking on Private Property $ 10 $ 25
3376 Parking of Various Vendors and
Sellers (contains 5 subdivi- $ 5 or
sions with various offenses) $ 10 $ 25
3377 Keys Left in Vehicle $ 10 $ 25
3378 Boarding Moving Vehicle $ 5 $ 25
3379 Riding on Car Fender $ 5 $ 25
3380a Talking with Motorcoach Operator $ 5 $ 10
3380b Transporting Animals on Bus $ 5 $ 10
3394A Overtime Parking or Not Paying $ 5 $ 10
3394B Parking With Red Flag Up $ 5 $ 10
3394C Parking Across Line Regulating
Meter Space $ 5 $ 10
(The current fines set forth above correspond to the
local court's bail schedule. The amount of $ 1.00, $ 2.00,
or $ 5.00 is currently added to each fine pursuant to Govern-
ment Code Section 68073.1; the same amount would be added to
the proposed fines.)
Once the City Council establishes the minimum fines, it
will be necessary for the Municipal Court of the Santa Monica
Judicial District to amend its bail schedule to reflect the
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changes. The City Attorney has discussed revision of the
bail schedule with the Honorable Joseph Chandler, Presiding
Judge of the Municipal Court of the Santa Monica Judicial
District. Judge Chandler indicated that he does not envision
any problems with revision of the bail schedule.
The proposed minimum fines set forth above are more
consistent with the seriousness of the offenses and the
amount of fines charged by other cities in the metropolitan
area. Generally, fines have been increased from $ 5.00 to
$ 10.00 and from $ 10.00 to $ 25.00. However, in some situa-
tions the City Attorney has recommended increasing a fine
from $ 5.00 to $ 25.00 or reducing a fine from $ 25.00 to
$ 10.00 depending on the seriousness of the offense.
The City Council has indicated an intention to utilize
any increased revenue generated by the increase in fines for
crime prevention purposes. This intention should be accom-
plished by an appropriate revision of the 1981-82 Budget at
such time as the City Council deems appropriate.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:r
Council Meeting 10-13-81
ORDINANCE N0.
Santa Monica, California
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS
3395 AND 3395A OF THE SANTA MONICA
MUNICIPAL CODE AND REPEALING SECTION 3395B
OF THE SANTA MONICA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 3395 of the Santa Monica Municipal
Code is amended to read as follows:
Section 3395. Notwithstanding
any other provision of this Code to
the contrary, violation of Sections
3202, 3203, 3204, 3205, 3206, 3208C,
3209, 3210, 3324, 3325, 3326, 3329,
3330, 3335, 3336, 3337, 3338, 3339,
3340, 3341, 3342, 3343, 3345, 3346,
3348, 3349, 3350A, 3350.1, 3353,
3354, 3355, 3356, 3357, 3366A, 3370,
3371, 3372, 3374A, 3374A1, 3374B,
3374C, 3375A, 3375B, 3375B1, 3376,
3377, 3378 or 3379 of this Code shall
be punishable by the following fines:
1. If court appearance is made
or bail posted within the time set
forth in the notice of citation of
violation, not less than twenty-five
dollars ($ 25.00) shall be assessed.
2. If no appearance is made
nor required bail posted as set forth
in subsection 1 above, after a
warrant of arrest is issued in the
manner required by law, not less than
fifty dollars ($ 50.00) shall be
assessed.
SECTION 2. Section 3395A of the Santa Monica Municipal
Code is amended to read as follows:
Section 3395A. Notwithstanding
any other provision of this Code to
the contrary, violation of Sections
3201, 3207, 3212, 3332, 3333, 3350,
3351, 3352, 3352B, 3364, 3365, 3366,
3367, 3368, 3373, 3374, 3375, 3380a,
3380b, 3394A, 3394B, or 33940 of this
Code shall be punishable by the
following fines:
1. If court appearance is made
or bail posted within the time set
forth in the notice of citation of
violation, not less than ten dollars
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($ 10.00) shall be assessed.
2. If no appearance is made
nor required bail posted as set forth
in subsection 1 above, after a war-
rant of arrest is issued in the man-
ner required by law, not less than
twenty-five dollars ($ 25.00) shall
be assessed.
SECTION 3. Section 3395B of the Santa Monica Municipal
Code is repealed.
SECTION 4. 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 affect the provisions of this ordinance.
SECTION 5. 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 the 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 6. The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City
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Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption, The
ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
A
ROBERT M. MYERS
City Attorney
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