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O2381Council Meeting: 11 -22 -2011 Santa Monica, California ORDINANCE NUMBER 2381 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.36 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO LATE NIGHT VENDING ON MAIN STREET 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, congestion is particularly problematic on Main Street, because it contains very narrow sidewalks, on street parallel parking, and virtually no parkways; MM WHEREAS, the narrow sidewalks on Main Street support numerous improvements which enhance the pedestrian experience but also limit circulation, such as street trees, bike racks, newsracks, bus stop benches, and other street furniture; and WHEREAS, the City Council has determined that vending regulations are required to protect public health and safety and ensure safe pedestrian and vehicular traffic; and WHEREAS, unregulated use of congested streets and sidewalks by vendors contributes to traffic congestion, impedes the orderly movement of pedestrian and vehicular traffic, and makes the streets and sidewalks unsafe for motorists, bicyclists, pedestrians, and vendors; 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 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, in recent years, persons have begun conducting commercial vending, mainly food sales, from vehicles while parked adjacent to alcohol serving establishments (e.g., bars and nightclubs) on Main Street, well into the late night hours; and 2 WHEREAS, these late night vending activities attract large stationary crowds, including persons exiting from adjacent alcohol serving establishments who may be experiencing varying degrees of alcohol intoxication; and WHEREAS, persons intoxicated while in public are often unable to care for their own safety, are particularly accident - prone, and can endanger others; and WHEREAS, such large crowds have created extreme congestion on the narrow sidewalks along Main Street; and WHEREAS, such extreme sidewalk congestion coupled with the large size of the vending vehicles have forced persons, both sober and intoxicated, to leave the sidewalks and walk in the street, not only across, but also up and down Main Street, and to hail public or private transportation from within the street; and WHEREAS, these late night vending activities, coupled with a lack of seating facilities for sidewalk food consumption, have caused persons to sit on sidewalks, street curbs, and even parking spaces to consume foods; and WHEREAS, this proliferation of late night vending near alcohol serving establishments has created significant threats to public safety, and damages the public welfare; and WHEREAS, blockage of public sidewalks on Main Street during the late night hours poses serious safety hazards because pedestrians, especially intoxicated pedestrians, who cannot pass freely along the sidewalks frequently step into the street where they may be struck by vehicles or cause collisions between vehicles; and K, WHEREAS, persons, especially intoxicated persons, crossing into the middle of streets to hail public or private transportation at night time, are exposed to significant danger of collision with vehicles; and WHEREAS, disease may be transmitted to persons sitting on sidewalks while eating because people or animals expectorate, urinate or defecate on sidewalks; and WHEREAS, persons sitting on curbs or parking spaces while consuming food at night time are not easily seen by drivers of vehicles attempting to enter or exit their parking spaces and may be struck by such vehicles; and WHEREAS, the City's streets and sidewalks are not intended, designed or maintained for dining without tables and chairs; and WHEREAS, maintaining public safety on Main Street during the late night hours presents special challenges to the City's public safety personnel, particularly in times of emergency, because of the very large crowds, narrow roadways, narrow sidewalks, limited ingress and egress, and fixed impediments to circulation; and WHEREAS, there are numerous other places within the City where vending from vehicles may safely take place during late night hours without unduly interfering with the flow of pedestrian or vehicular traffic, threatening public safety or harming the public welfare; and WHEREAS, California Vehicle Code Section 22455 specifically authorizes local authorities to adopt laws, in the interest of public safety, which regulate the time, place, and manner of vending from vehicles upon any street; and WHEREAS, the City Council hereby determines that it is necessary to exercise this authority as set forth in this ordinance in order to protect public safety; M NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 6.36.095 of the Santa Monica Municipal Code is hereby added to read as follows: 6.36.095 Prohibition of late night vending on Main Street No person shall vend from vehicles, including unhitched trailers, on Main Street, between Ocean Park Boulevard and Marine Street, during the hours of 1:00 a.m. to 3:00 a.m. on Saturdays and Sundays. Section 2. Section 6.36.140 of the Santa Monica Municipal Code is hereby amended to read as follows: 6.36.140 Penalties. (a) Except as provided in subsection (b) of this Section, any person violating this Chapter shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty dollars per violation. (b) Any person violating Sections 6.36.040 or 6.36.095 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 per violation, 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: r1/�r MAR HA ib- IE OUTR City ttorney� M. Approved and adopted this 22 "d day of November, 2011. R", �Y Ridbard 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. 2381 (CCS) had its introduction on November 8, 2011, and was adopted at the Santa Monica City Council meeting held on November 22, 2011, by the following vote: Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Mayor Pro Tern Davis, Mayor Bloom Noes: Council members: None Absent: Council members: Shriver A summary of Ordinance No. 2381 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Maria M. Stewart, City Jerk