O26811
City Council Meeting: August 24, 2021 Santa Monica, California
ORDINANCE 2681 (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTIONS TO THE SANTA MONICA MUNICIPAL
CODE TO PROHIBIT DUMPING OF COMMERCIAL TRASH IN CITY
RECEPTACLES; PROHIBIT DUMPING OF LIQUID WASTE ON PUBLIC RIGHTS
OF WAY, ON OR ONTO THE PIER OR BEACH, OR INTO STORM DRAINS; AND
PROHIBIT THE USE OF COMBUSTIBLE FUELS ON AND IN CLOSE PROXIMITY
TO THE SANTA MONICA PIER WITHOUT A PERMIT
WHEREAS, as the public has returned to public spaces following the easing of
restrictions imposed in response to the COVID-19 pandemic, the City of Santa Monica
has seen an increase in certain activities posing risks to public safety and the environment
occurring in the vicinity of the beach and Santa Monica Pier, including the use of
combustible fuels on the Santa Monica Pier, the dumping of grease and other liquid waste
on streets and into storm drains, and the dumping of large quantities of commercial trash
into City receptacles; and
WHEREAS, the Santa Monica Pier is a wooden structure with limited entrances
and exits and equipped only with an under-structure sprinkler system, with the result that
the unregulated use of combustible fuels of any type on or in close proximity to the Pier
poses risks to the safety of the public on the Pier; and
WHEREAS, the dumping of grease, oil, and other liquid waste on streets,
sidewalks, and bike paths, on the beach, through the boards of the Pier onto the beach
or into the ocean below, and into storm drains that feed into Santa Monica Bay, pose
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environmental risks to the quality of water in Santa Monica Bay, to the health and safety
of birds and fish living in or around Santa Monica Bay, and to the health and safety of
visitors to the beach and swimmers in the Bay; and
WHEREAS, the dumping of large quantities of trash generated by business
activities into City receptacles intended for much smaller quantities of trash generated by
individuals has resulted in frequent overflowing of City receptacles causing trash to
disperse into public parking lots, streets, and sidewalks, as well as onto the beach, posing
health and safety risks to residents and visitors using those public spaces; and
WHEREAS, the City Council finds and declares that a current and immediate
threat to the public health, safety, and general welfare exists as the result of the
unregulated use of combustible fuels of any type on or in close proximity to the Pier;
the dumping of grease, oil, and other liquid waste on streets, sidewalks, and bike
paths, on the beach, through the boards of the Pier onto the beach or into the ocean
below, and into storm drains that feed into Santa Monica Bay; and the dumping of
large quantities of trash generated by business activities into City receptacles
intended for much smaller quantities of trash generated by individuals; and
WHEREAS, the City Council finds and declares that as a result, this emergency
ordinance addressing these activities is necessary to protect the public health, safety,
and welfare.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 3.36.290, Prohibition on Use
of Combustible Fuels in and Around Pier, is hereby added to read as follows:
3.36.290 Prohibition on Use of Combustible Fuels in and Around Pier
(a) No person shall use any combustible fuel, including but not limited to
propane, butane, any other liquid gas, kerosene, sterno, charcoal, or wood, on the Santa
Monica Pier, including the Pier Bridge, or within 25 feet of the Santa Monica Pier, for
any purpose involving the fuel’s combustion, including, but not limited to, heating,
lighting, or cooking, without first obtaining a permit from the Fire Marshal.
(b) The Fire Marshal or designee may promulgate regulations to implement
the provisions of this section. No person shall fail to comply with any such regulation.
(c) Any person violating this section, or any regulation promulgated under this
section, shall be guilty of an infraction, which shall be punishable by a fine not exceeding
$500 per violation, or a misdemeanor, which shall be punishable by a fine not exceeding
$500 per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment. This section and any regulations
promulgated under this section shall also be enforceable through the issuance of
administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal
Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount
of the fine for a violation of this section, or any regulation promulgated under this section,
shall be as follows, subject to modification by the City Council by resolution: $250 for a
first violation; $500 for a second violation committed within one year of the first violation;
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and $1,000 for a third or subsequent violation committed within one year of the first
violation. Each day or portion of a day that any person violates or continues to violate
any provision of this section, or any regulations promulgated under this section,
constitutes a separate violation and may be charged and punished separately.
(d) The City may impound combustible fuel being used in violation of this
section, together with the storage tank or other storage receptacle in which that
combustible fuel is held. The City may immediately dispose of impounded combustible
fuel that cannot be safely stored and may dispose of impounded abandoned materials
in accordance with administrative regulations. The Fire Marshal or designee shall
promulgate regulations regarding impound and storage procedures and the disposal of
abandoned impounded materials. The City Council may by resolution adopt impound
fees, which shall reflect the City’s enforcement, investigation, storage, and impound
costs. No person shall retrieve impounded materials without paying applicable impound
fees and demonstrating proper proof of ownership.
SECTION 2. Santa Monica Municipal Code Section 7.48.025, Use of Public
Receptacles, is hereby added to read as follows:
7.48.025 Use of Public Receptacles
(a) It is unlawful for any owner, manager, operator, or employee of a business
to deposit litter from that business in a public receptacle without first obtaining a permit
from the Department of Public Works.
(b) The Director of Public Works or designee may promulgate regulations to
implement the provisions of this section. No person shall fail to comply with any such
regulation.
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(c) Any person violating this section shall be guilty of an infraction, which shall be
punishable by a fine not exceeding $250 per violation, or a misdemeanor, which shall be
punishable by a fine not exceeding $500 per violation, or by imprisonment in the County
Jail for a period not exceeding six months, or by both such fine and imprisonment. This
section and any regulations promulgated under this section shall also be enforceable
through the issuance of administrative citations in accordance with Chapter 1.09 of the
Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica
Municipal Code, the amount of the fine for a violation of this section, or any regulation
promulgated under this section, shall be as follows, subject to modification by the City
Council by resolution: $250 for a first violation; $500 for a second violation committed
within one year of the first violation; and $1,000 for a third or subsequent violation
committed within one year of the first violation. Each day or portion of a day that any
person violates or continues to violate any provision of this section, or any regulations
promulgated under this section, constitutes a separate violation and may be charged and
punished separately.
SECTION 3. Santa Monica Municipal Code Section 7.48.130, Dumping of Liquid
and Solid Waste, is hereby added to read as follows:
7.48.130 Dumping of Liquid and Solid Waste
(a) As used in this Section, the following terms shall have the following
meanings:
(i) “Liquid Waste” means any liquid commercial or industrial waste
(such as fuels, solvents, cooking oil or fat, grease, paint, detergents, fertilizers, or
pesticides); petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils,
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solvents, coolants, or grease); liquid contaminated with residue from raw or semi-cooked
fish, meat, or chicken (including liquid resulting from the melting of ice used to store raw
or semi-cooked fish, meat, or chicken); and liquid prescription or non-prescription
medicines.
(ii) “Solid Waste” means any solid product other than ice being disposed
of as waste, including but not limited to food, paper, cardboard, metal, glass, or plastic.
(b) It is unlawful for any person to dispose of any solid or liquid waste in any
storm drain.
(c) It is unlawful for any person to dispose of any liquid waste in or on any
street, sidewalk, bike path, public parking lot, public park, the beach, the Santa Monica
Pier, or any public receptacle.
(d) The Director of Public Works or designee may promulgate regulations to
implement the provisions of this section. No person shall fail to comply with any such
regulation.
(e) Any person violating this section, or any regulation promulgated under this
section, shall be guilty of an infraction, which shall be punishable by a fine not exceeding
$500 per violation, or a misdemeanor, which shall be punishable by a fine not exceeding
$500 per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment. This section and any regulations
promulgated under this section shall also be enforceable through the issuance of
administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal
Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of
the fine for a violation of this section, or any regulation promulgated under this section,
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shall be as follows, subject to modification by the City Council by resolution: $250 for a
first violation; $500 for a second violation committed within one year of the first violation;
and $1,000 for a third or subsequent violation committed within one year of the first
violation. Each day or portion of a day that any person violates or continues to violate
any provision of this section, or any regulations promulgated under this section,
constitutes a separate violation and may be charged and punished separately.
SECTION 6. Any provision of the Santa Monica Municipal Code or any appendix
thereto inconsistent with the provisions of this emergency 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 emergency ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
emergency 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 emergency ordinance. The City Council hereby declares that it
would have passed this emergency 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 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this emergency ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and
619 of the City Charter, for the reasons stated in the recitals above, the City Council
declares this emergency ordinance to be necessary as an emergency measure for
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preserving public health and safety, with the result that this emergency ordinance shall
be introduced and adopted at the same meeting and shall become effective immediately
upon its adoption.
APPROVED AS TO FORM:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 24th day of August, 2021.
_____________________________
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2681 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on August 24, 2021,
by the following vote:
AYES:
NOES:
Councilmembers Brock, de la Torre, Davis, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2681 (CCS) was duly published pursuant to California
Government Code Section 40806.
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9/15/2021