SR 09-27-2022 10A
City Council
Report
City Council Meeting: September 27, 2022
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica
Municipal Code Section 4.08.097 to expand to other locations beyond Main
Street and Downtown
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on September 13, 2022, the City Council introduced for first reading an
Ordinance amending Santa Monica Municipal Code Section 4.08.097 to: (1) eliminate
its location restrictions and expand enforcement to other areas of the City, including the
City’s major transit corridors; and (2) clarify the definition of entrance. The ordinance is
now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. ORD-ord-2nd-4.08.097 Expanded Locations
10.A
Packet Pg. 587
City Council Meeting: September 27, 2022 Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.097 TO EXPAND TO
OTHER LOCATIONS WITHIN THE CITY OF SANTA MONICA
WHEREAS, on October 22, 2002, City Council enacted Municipal Code Section
4.08.097 to prohibit sitting or lying within the Downtown and Main Street areas due, in
part, to growing concerns in those locations by local business owners; and
WHEREAS, within the last year, City Council and local business owners in other
areas of the City, especially in the City’s transit corridors, have expressed growing
concerns with the number of individuals who have been sitting or lying in the doorways of
buildings in other areas of the City during the 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, persons working in businesses must remove individuals who are
blocking ingress and egress to their buildings in the morning when they come to work;
and
WHEREAS, persons sitting or lying in doorways overnight also often leave behind
food and trash which block access to the buildings and also attract pests to these
locations; and
10.A.a
Packet Pg. 588 Attachment: ORD-ord-2nd-4.08.097 Expanded Locations (5377 : SIt/Lie Expanded Locations - Second Reading)
WHEREAS, the doorways may give the illusion of shelter and security, but they
are often poorly lit, have obstructed sight lines, are not safe places to sit, lie, or sleep, and
are otherwise not suitable for human habitation because, among other things, there are
no available restrooms or other sanitary facilities; and
WHEREAS, City Council now wishes to expand the prohibition for sitting and lying
in doorways to the City’s transit corridors to address these concerns; and
WHEREAS, the proposed amendments also seek to clarify the definition of
“entrance” for ease of enforcement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.097 Prohibition
against sitting or lying in downtown and the Main Street areas doorways at night, is hereby
amended to read as follows:
4.08.097 Prohibition against sitting or lying in doorways at night.
(a) No person shall sit or lie down in any entrance to a building in the Downtown,
Main Street, Broadway, Colorado Avenue, Lincoln Boulevard, Pico Boulevard,
Santa Monica Boulevard, and Wilshire Boulevard areas between the hours of
eleven p.m. and seven a.m. if that entrance is posted with a sign prohibiting such
conduct.
(b) As used in this Section, the following items shall have the following meanings:
10.A.a
Packet Pg. 589 Attachment: ORD-ord-2nd-4.08.097 Expanded Locations (5377 : SIt/Lie Expanded Locations - Second Reading)
(1) “Downtown” means the area bounded by and including the west side of Ocean
Avenue, the north side of Wilshire Boulevard, the east side of Lincoln Boulevard,
and the south side of Pico Boulevard.
(2) “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.
(3) “Broadway” means the area bounded by the west side of Ocean Avenue and
the City’s eastern border.
(4) “Colorado Avenue” means the area bounded by the west side of Ocean Avenue
and the City’s eastern border.
(5) “Lincoln Boulevard” means the area bounded by the north side of Wilshire Blvd.
and the City’s southern border.
(6) “Pico Boulevard” means the area bounded by the west side of Ocean Avenue
and the City’s eastern border.
(7) “Santa Monica Boulevard” means the area bounded by the west side of Ocean
Avenue and the City’s eastern border.
(8) “Wilshire Boulevard” means the area bounded by the west side of Ocean
Avenue to the City’s eastern border.
(9) “Building” means any building, other than a building used for solely residential
purposes, located in the areas specified in sections (b)(1)-(b)(8).
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Packet Pg. 590 Attachment: ORD-ord-2nd-4.08.097 Expanded Locations (5377 : SIt/Lie Expanded Locations - Second Reading)
(10) “Entrance” means the entire area between the outer edge of any entrance to
a building and any exterior door and includes entry ways, doorways, vestibules,
alcoves, and areas located under cantilevers.
(c) Any person violating the provisions of this Section shall be guilty of a
misdemeanor which shall be punishable by a fine not exceeding five hundred
dollars per violation, or by imprisonment in the County Jail for a period not
exceeding six months, or by both such fine and imprisonment.
(d) 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.
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
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Packet Pg. 591 Attachment: ORD-ord-2nd-4.08.097 Expanded Locations (5377 : SIt/Lie Expanded Locations - Second Reading)
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.A.a
Packet Pg. 592 Attachment: ORD-ord-2nd-4.08.097 Expanded Locations (5377 : SIt/Lie Expanded Locations - Second Reading)