O2472Council Meeting: October 28, 2014 Santa Monica, California
ORDINANCE NUMBER 2472 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 4.08.810 OF THE SANTA MONICA MUNICIPAL CODE
PROHIBITING SELLING, LEASING OR RESERVING FOR COMPENSATION OF
PUBLIC SPACES IN THE CITY
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 public spaces are often heavily utilized by residents,
workers and visitors; 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, the City has consistently adopted laws and regulations that ensure
all members of the public have equal and fair access to use of public streets, public
spaces and public properties; and
WHEREAS, selling, leasing or reserving for compensation of public streets,
public spaces and public properties by private parties, without City authorization,
hinders the City's long standing policy of equal and fair public access to public
resources; and
WHEREAS, selling, leasing or reserving for compensation of public streets,
public spaces and public properties by private parties, without City authorization, can
disrupt circulation, creates potentially confrontational situations, and increases the risk
of traffic collisions; and
WHEREAS, selling, leasing or reserving for compensation of public streets,
public spaces and public properties by private parties, without City authorization, also
interferes with the City's authority to establish rental rates and manage public assets in
such a manner that best serves the interests of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 4.08.810 of the Santa Monica Municipal Code is hereby
added to read as follows:
4.08.810 Prohibition Of Selling, Leasing Or Reserving For Compensation Of
Public Streets And Spaces
(a) No person shall sell, lease, or reserve for compensation, or facilitate the
selling, leasing or reserving for compensation, any street, sidewalk, alley, parkway,
public parking space, public space or public property, without authorization from the
City.
(b) Any 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 five hundred dollars per violation, or
by imprisonment in the County Jail for a period not exceeding six months, or by both
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such fine and imprisonment. Any person convicted of violating any provision of this
Chapter shall be ordered to reimburse the City its full investigative costs.
Section 2. 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 3. 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 4. 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:
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Cit Attor,i{{
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Approved and adopted this 28th day of October, 2014.
O'Connor, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2472 (CCS) had its introduction on October 14,
2014, and was adopted at the Santa Monica City Council meeting held on
October 28, 2014, by the following vote:
Ayes: Councilmembers: Davis, McKeown, Vazquez, Winterer
Mayor O'Connor, Mayor Pro Tern O'Day
Noes: Councilmembers: None
Absent: Councilmembers: Holbrook
A summary of Ordinance No. 2472 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
A&-.lk� �,� .
Sarah P. Gorman, City Clerk