O2056
f:\atty\mu n i\laws\mjm\downtowndoorways-12d. wpd
City Council Meeting 10-22-02 Santa Monica, California
ORDINANCE NUMBER 2056 (ees)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.097 TO THE SANTA MONICA
MUNICIPAL CODE PROHIBITING SITTING OR LYING IN DOORWAYS
IN THE DOWNTOWN AND MAIN STREET AREAS BETWEEN
ELEVEN P.M. AND SEVEN A.M.
WHEREAS, within the last year, many persons have begun camping in the
doorways of businesses in the downtown area during late night and early morning hours;
and
WHEREAS, during these hours, businesses are closed and, in most cases, no one
is present on the premises to protect the property; and
WHEREAS, these doorways are not suitable for human habitation because, among
other things, there are no available restrooms or other sanitary facilities; and
WHEREAS, persons camping in the doorways use them as restrooms; and
WHEREAS, depositing human waste in doorways adjacent to, or near, public
sidewalks creates a significant public health hazard; and
WHEREAS, persons working in businesses must clean up the waste in the morning
when they come to work; and
WHEREAS, persons camping in doorways also leave behind food and trash which
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attracts pests; and
WHEREAS, the health risks of camping in doorways endanger the homeless
persons who are sleeping there without proper sanitary and other facilities, the workers
who are forced to clean up the doorways, and all others who work in, live in and visit the
area; and
WHEREAS, in addition to creating health risks, camping in doorways degrades the
appearance of the downtown area and diminishes the quality of life of employees and
residents who work and live there; and
WHEREAS, camping in doorways poses safety risks; and
WHEREAS, during the last year there have been a number of very violent crimes
committed by homeless people against other homeless people in the downtown area; and
WHEREAS, the doorways may give the illusion of shelter and security, but they are
often poorly lit, have obstructed sight lines, and are not safe places to sleep,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.08.097 is hereby added to the Santa Monica Municipal Code
to read as follows:
Section 4.08.097. Prohibition Against Sitting or Lying in
Downtown and the Main Street Areas Doorways at Night.
(a) No person shall sit or lie down in any entrance to a building in the
downtown or Main Street areas between the hours of eleven p.m. and seven
a.m. if that entrance is posted with a sign prohibiting such conduct.
"Downtown" means the area bounded by and including the east side of
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Ocean Avenue, the North side of Wilshire Boulevard, the east side of Lincoln
Boulevard, and the south side of Pico Boulevard. "Main Street area" means
the area bounded by and including the west side of Neilsen Way, the north
side of Pico Boulevard, the east side of Main Street from Pico Boulevard to
Strand Street, the north side of Strand Street to Second Street, the east side
of Second Street and the City's southern border. "Entrance" means the
entire area between the outer edge of an entrance to a building and the
exterior door and includes the entry way, doorway or vestibule. The
prohibition contained in this Section shall not apply to any person sitting or
lying down in any entrance to a building due to a medical emergency.
(b) Any person violating the provisions .of 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
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
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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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Ad~Pl4KJ and approved this 22nd day of October, 002.
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. 2056 (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, Mayor
Pro Tem McKeown, Mayor Feinstein
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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Maria M. Stewart, City