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O2055 f:\atty\mu n i\laws \m j m \foodd istri bution-2d. wpd 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 ... on ~j~,."""'" ".~."~I""'br re+rOIt8.to CIty- funded programs which provide food indoors in compliance with health standards and in - conjunction with other services intended to help needy people become more self-sufficient; however, these alternatives have been rejected; and 1 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 2 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 3 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 4 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: 5 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: b~ .'-~ \,\).~~ Maria M. Stewart, City Cle k