O26951
City Council Meeting February 22, 2022 Santa Monica, California
ORDINANCE NUMBER 2695 (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING AMENDMENTS TO SANTA MONICA MUNICIPAL CODE
SECTION 4.08.780 TO PROMOTE THE PUBLIC SAFETY AND WELFARE BY
PROHIBITING CERTAIN ITEMS AT PUBLIC ASSEMBLIES AND COMMUNITY EVENTS
WHEREAS, the City Council supports peaceful protests, public assemblies, and
community events, and the rights of individuals under the First Amendment to the United
States Constitution and the Liberty of Speech Clause of the California Constitution to
engage in expressive activities in public forums such as the City’s sidewalks, streets, and
public parks; and
WHEREAS, the City Council seeks to promote the safety and welfare of those who
engage in peaceful protests, public assemblies, and community events, as well as the
safety and welfare of City residents, City businesses, and City visitors who encounter and
are affected by such peaceful protests, public assemblies, and community events; and
WHEREAS, the City Council is mindful of the legal principles relating to regulation of
activity in public forums such as the City’s sidewalks, streets, and public parks and does
not intend by this ordinance to unconstitutionally suppress or infringe expressive activities
protected by the First Amendment of the United States Constitution or the Liberty of
Speech Clause of the California Constitution, but instead is enacting reasonable content-
neutral time, place, and manner regulations that address the need to prevent violent,
dangerous, and hazardous situations from arising during peaceful protests, public
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assemblies, and community events, and so promote the public safety and welfare of those
engaging in such peaceful protests, public assemblies, and community events, as well as
those City residents, City businesses, and City visitors who encounter and are affected by
such peaceful protests, public assemblies, and community events; and
WHEREAS, there continues to be concern about violence at public events and
about violent clashes at such events between those with opposing views, after numerous
public protests, demonstrations, and rallies conducted throughout the nation in cities such as
Washington, D.C.; Charlottesville, Virginia; St. Louis, Missouri; and Portland, Oregon, and
throughout California, in cities such as Berkeley, Laguna Beach, Long Beach, Los Angeles,
and Oakland have erupted in violence between demonstrators and counter- demonstrators
and violence against law enforcement personnel; and
WHEREAS, at these events, devices such as wooden sticks, plastic and metal
pipes, bats, chains, and various types of projectiles (such as rocks, concrete, pellets, glass
bottles, and ball bearings), as well as certain types of containers, including, but not limited
to, glass bottles, metal containers, balloons, super soakers, and toy or replica guns, filled
with flammable or noxious substances (such as gasoline or urine), as well as aerosol
sprays deployed to cause flames or attack olfactory systems, and other items have been
used as improvised weapons resulting in injuries and property damage. Demonstrators,
counter-demonstrators, and others have also carried shields, worn gas masks, helmets,
and body armor, thrown objects at police, used fire accelerant to light fires, and used large
sticks as weapons to threaten bodily harm and to attack businesses; and
WHEREAS, in light of these circumstances and to protect the public safety and
welfare, a number of California cities, including Berkeley, Laguna Beach, Los Angeles,
Modesto, and Oakland, have put in place ordinances prohibiting, or authorizing the
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issuance of regulations prohibiting, the carrying at protests, public assemblies, and
community events of items such as those listed above that can readily be used as
weapons; and
WHEREAS, on August 24, 2021, the City Council adopted Urgency Ordinance 2680
(CCS) to implement a ban at events and public assemblies on the carrying or possession
of items that can readily be weaponized to ensure that protests, public assemblies, and
community events are conducted in ways that permit those assembling to engage in
expressive activities intended to convey their message to the public while at the same time
ensuring that the protests, public assemblies, and community events are peaceful and
safe; and
WHEREAS, the restrictions on use of specified items during public assembly and
community events continued in effect by this ordinance are necessary in order to protect
the public health, safety and welfare by providing a mechanism to limit and prevent
violence and promote peaceful assembly. These are content-neutral time, place, and
manner restrictions that allow for peaceful public expressive activity and are narrowly
tailored to address the City’s interest in safety and preventing violence and to the extent they
burden expressive activity they leave ample alternatives for communication. The
regulations make protests, public assemblies, and community events safer by banning
objects that can readily be weaponized without depriving people of the opportunity to
demonstrate, rally, protest, counter-protest, picket, march, assemble or otherwise engage
in peaceful free speech activities; and
WHEREAS, this ordinance is presented for adoption as an emergency ordinance, to
be introduced, adopted, and immediately effective upon its passage by at least five
affirmative votes, pursuant to City Charter Section 615, in order to continue in effect the
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amendments to Santa Monica Municipal Code section 4.08.780, imposed by Urgency
Ordinance 2680, that would otherwise sunset on February 28, 2022; to provide additional
time that is required to allow for input and comment from the Public Safety Review and
Oversight Committee about further amendments to Santa Monica Municipal Code Section
4.08.780; and because of the continued uncertainty and unpredictability of when one or
more individuals may choose to seize the opportunity of an otherwise peaceful protest or
public assembly to engage in violent conduct of the type intended to be addressed and
mitigated by this ordinance; and
WHEREAS, on February 22, 2022, the City Council held a public meeting during
which it considered the adoption of this emergency ordinance pursuant to California
Government Code Section 36937 and Santa Monica City Charter Section 615, both of
which allow the adoption of emergency ordinances to take effect immediately to ensure the
immediate preservation of the public peace, health, safety, and general welfare in the City of
Santa Monica; and
WHEREAS, the City Council hereby finds that: the revisions to the Santa Monica
Municipal Code implemented by this emergency ordinance are immediately necessary as an
emergency measure in order to preserve the public health, safety, and welfare by
promoting peaceful protests, public assemblies, and community events while preventing
violence and property destruction at such protests, public assemblies, and community
events;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The interim regulations set forth in Santa Monica Municipal Code
Section 4.08.780, Prohibition against using dangerous sticks and poles, pursuant to
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Urgency Ordinance 2680, are hereby extended and shall remain in effect until June 30,
2022
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 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. Pursuant to Sections 615 and 619 of the City
Charter, for the reasons stated in the recitals above, the City Council declares this
ordinance to be necessary as an emergency measure for preserving the public peace,
health, and safety, with the result that this ordinance shall be introduced and adopted at
the same meeting and shall become effective immediately upon its adoption. This
ordinance shall sunset and shall have no force and effect after June 30, 2022.
APPROVED AS TO FORM:
____________________
Joseph Lawrence
Interim City Attorney
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Approved and adopted this 22nd day of February, 2022.
_____________________________
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. 2695 (CCS) had its
introduction and adoption at the Santa Monica City Council meeting held on
February 22, 2022, by the following vote:
AYES: Councilmembers Brock, de la Torre, Davis, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2695 (CCS) was duly published pursuant to
California Government Code Section 40806.
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2/28/2022