O2055
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City Council Meeting 10-22-02 Santa Monica, California
ORDINANCE NUMBER 20SS(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SPECIFYING REQUIREMENTS FOR THE OUTDOOR
DISTRIBUTION OF FOOD TO THE PUBLIC
WHEREAS, a large and growing numberof individuals and groups operate private
projects which routinely distribute meals and food to large numbers of people in Santa
Monica's parks and other public spaces; and
WHEREAS, between 20 and 30 such private projects now operate in the City, each
distributing meals and food weekly or more often to as many as 300 people per
distribution; and
WHEREAS, thousands of meals are distributed this way in the City each month; and
WHEREAS, this ongoing and repetitive outdoor distribution offood to large numbers
of people has significant adverse impacts upon City parks and upon park users; and
WHEREAS, the City has therefore suggested alternatives to persons distributing
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funded programs which provide food indoors in compliance with health standards and in
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conjunction with other services intended to help needy people become more self-sufficient;
however, these alternatives have been rejected; and
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WHEREAS, the County Health Department has concluded that the private food
distributions on public property in Santa Monica pose significant public health risks; and
WHEREAS, some of the food distributions occur on public sidewalks and streets;
WHEREAS, public sidewalks and streets are not suitable locations for distributing
or serving free meals or food because sanitary facilities are not readily available and
because the activity attracts significant and stationery crowds which interfere with the free
flow of pedestrian and vehicular traffic; and
WHEREAS, the health risks of distributing food in parks and similar spaces arise
from a variety of factors including the limited sanitary facilities, the presence of birds and
animals, and the lack of facilities for storing food and keeping it at proper temperatures;
and
WHEREAS, the health risks attendant upon distributing food to the public in City
parks or on the City Hall lawn are exacerbated by the fact that the vast majority of the food
consumers are homeless persons who are particularly vulnerable to health risks because
many have chronic health problems, and all have very limited access to medical care and
to sanitary facilities; and
WHEREAS, the County Health Department has further notified the City that the
activity of serving and distributing food to the public falls within the purview of California
Health and Safety Code Sections 113700 and following; and
WHEREAS, these state provisions regulate the methods and frequencies of various
classes of meal and food distribution activities; and
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WHEREAS, these provisions are interpreted and enforced by the County through
a permitting system which the County operates; and
WHEREAS, the County has notified the City that it must cooperate in administering
the permitting system by approving particular locations for food service on City property;
and
WHEREAS, the City can facilitate the County's enforcement of state laws regulating
food distribution by authorizing locations based upon criteria similar to those applied to
applications for Community Event permits; and
WHEREAS, the City wishes to ensure that all groups and individuals who wish to
feed needy people in Santa Monica understand both applicable legal requirements and
opportunities for contributing to City-funded services,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Chapter 5.06 is hereby added to the Santa Monica Municipal Code
to read as follows:
CHAPTER 5.06
Food Distribution On Public Property
Section 5.06.010. Food Distribution In Public Parks and on the
City Hall Lawn.
Persons and groups who wish to give food to needy people in Santa
Monica are encouraged to participate in programs which provide meals and
food indoors in conjunction with other services. Information on how to
participate in programs which provide meals and food indoors, along with
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other services, and information on state and local laws regulating food
service and use of City property by groups may be obtained from the
Department of Community and Cultural Services.
Any person who serves or distributes food to the public in City parks
or on the City Hall lawn must:
(a) complywith applicable state health and safety standards regulating
food service and distribution, including, but not limited to, the requirements
of obtaining and displaying a valid permit from the Los Angeles County
Department of Health which includes City approval as to location; and
(b) comply with all applicable requirements of the City of Santa
Monica's Community Events Law.
Section 5.06.020. Food Distribution On Public Streets and
Sidewalks Prohibited Without City Authorization.
No person shall distribute or serve food to the public on a public street
or sidewalk without City authorization. Any person violating this Section shall
be guilty of 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 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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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 ofthis 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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Adopted and approved this 22nd day of October, 2002.
. , 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. 2055 (CCS) had it's introduction on October 8,2002, and
adoption on at the Santa Monica City Council meeting held on October 22, 2002 by the
following vote:
Ayes: Council members: Holbrook, O'Connor, Bloom, Genser, Katz,
Noes: Council members: McKeown, Feinstein
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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Maria M. Stewart, City Cle k