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O2474City Council Meeting: October 28, 2014 Santa Monica, California ORDINANCE NUMBER 2-41 y (CCs) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4.08.098 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING PRESENCE IN HOSPITAL EMERGENCY ROOM WAITING AREAS EXCEPT FOR MEDICAL SERVICES WHEREAS, two hospital emergency rooms provide vital services within Santa Monica; and WHEREAS, the primary mission of these facilities is to save lives by treating acute illness and injury; and the community depends upon them to serve that purpose; and WHEREAS, both facilities have limited resources in terms of personnel, space and beds; and WHEREAS, both are, at times, extremely busy and persons must often await services, sometimes for lengthy periods, in specially designated waiting areas; and WHEREAS, order must be maintained in these waiting areas so that hospital staff can focus efficiently on the primary objective of providing emergency health care to those suffering medical emergencies; and 1 WHEREAS, order must also be maintained for the benefit of those who are awaiting services and who may be experiencing considerable anxiety and stress and therefore need peace and quiet; and WHEREAS, despite the need for order and quiet in emergency room waiting areas, disruptions occur when persons who are not awaiting medical services occupy waiting areas, using them as lounging areas or shelters and refusing to leave upon request by hospital personnel; and WHEREAS, Santa Monica police are summoned to the two local emergency rooms to restore order when such disruptions occur; and WHEREAS, the police may lack necessary legal tools in such situations and therefore can only attempt to persuade persons inappropriately present to leave the waiting room area; and WHEREAS, such interactions often escalate into disputes, which further disrupt quietude in the waiting areas; and WHEREAS, the City Council wishes to address this situation by establishing a local law that will empower hospital and police personnel to efficiently address this problem, ensure that the limited space available in hospital emergency room waiting areas is used for its intended purpose, allow medical and other emergency room personnel to focus their energies on addressing medical emergencies, and provide persons awaiting care with a more peaceful and orderly environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 2 SECTION 1. Santa Monica Municipal Code Section 4.08.098 is hereby added to read as follows: Section 4.08.098 Restriction on Presence in waiting areas of hospital emergency rooms. (a) No person, other than a hospital employee, hospital volunteer, police officer, or paramedic may be present in the emergency room waiting area of a hospital unless he or she is awaiting medical services or accompanying another who is awaiting or receiving medical services; (b) Any person who violates subsection (a), who refuses to leave the emergency room waiting area after being requested to leave by a hospital employee or a police officer, and who is convicted, shall be guilty of a misdemeanor, which shall be punishable by a fine of not greater than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. 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. 3 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: Approved and adopted this 28`" day of October, 2014 Pam 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. 2474 (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. 2474 (CCS) was duly published pursuant to California Government Code Section 40806 . ATTEST: Sarah P. Gorman, City Clerk