SR 09-13-2022 10H
City Council
Report
City Council Meeting: September 13, 2022
Agenda Item: 10.H
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Introduction and First Reading of an Ordinance to Amend SMMC Section
4.08.097 to expand to other locations beyond Main Street and Downtown
Recommended Action
Introduce for first reading an Ordinance amending Santa Monica Municipal Code
(“SMMC”) 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.
Summary
The Police Department is asking City Council to adopt an ordinance expanding the
existing sitting and lying in doorways prohibition to include other locations within Santa
Monica beyond the Downtown and Main Street Districts to address ongoing access
concerns by business owners throughout the City. SMMC 4.08.097 may be amended to
expand its applicability to other locations. The amendments clarify that citations will
occur only in the entrances or exits of buildings where the owner has requested
enforcement and where notice has been provided. Also, the proposed amendment
clarifies the definition of entrance to address ongoing concerns from the Police
Department.
Discussion
SMMC Section 4.08.097 was first enacted in 2002 to address business owners’
concerns regarding an increasing number of individuals sitting, lying, or sleeping in
doorways and blocking access to the entrances of their businesses in the Downtown
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and Main Street areas of Santa Monica. Over the last several years, the City has
received numerous complaints beyond these areas, including the City’s major transit
corridors, such as Wilshire Blvd., Lincoln Blvd., Santa Monica Blvd., Broadway,
Colorado Ave., and Pico Blvd. Given these contacts in other parts of the City, and after
receiving increasing complaints from business owners in other locations in Santa
Monica not currently covered by the ordinance, the Police Department is bringing
forward potential amendments to the Santa Monica Municipal Code to address these
concerns.
The proposed amendments presented to Council in this report would serve to protect
access to property when owners and tenants are not present to protect it themselves. It
would also protect public health by reducing sanitation risks and preserving aesthetics.
Additionally, it would eliminate the hazards attendant upon people sitting, sleeping, or
lying in those unsafe locations. Importantly, the ordinance would not prohibit anyone
from sitting or lying in a doorway during a medical emergency, nor would it not prohibit
anyone from entering or standing in a doorway. Moreover, it would not generally prohibit
activity on the public right-of-way and only prohibits sitting, lying, or sleeping where
access to the entrance of building is blocked, in consideration of recent cases on this
topic.
While the City deploys a comprehensive approach to addressing homelessness that
includes providing urgently needed housing and connections to services, there will be
occasions when the City requires a humane, lawful approach to assuring basic rules are
followed, especially where access to buildings is blocked and employees and customers
are prevented from safely entering. The proposed amendments in this report seek to
balance these two objectives.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
proposed action.
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Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. Proposed Ordinance Revising SMMC 4.08.097 - Expanded Locations
B. Written Comments
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City Council Meeting: September 13, 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
10.H.a
Packet Pg. 472 Attachment: Proposed Ordinance Revising SMMC 4.08.097 - Expanded Locations (5270 : Expansion of Sit/Lie Ordinance)
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
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 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 dDowntown,
or 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
10.H.a
Packet Pg. 473 Attachment: Proposed Ordinance Revising SMMC 4.08.097 - Expanded Locations (5270 : Expansion of Sit/Lie Ordinance)
conduct. “Downtown” means the area bounded by and including the east side of
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) As used in this Section, the following items shall have the following meanings:
(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.
10.H.a
Packet Pg. 474 Attachment: Proposed Ordinance Revising SMMC 4.08.097 - Expanded Locations (5270 : Expansion of Sit/Lie Ordinance)
(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).
(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.
(b)(c) 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 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
10.H.a
Packet Pg. 475 Attachment: Proposed Ordinance Revising SMMC 4.08.097 - Expanded Locations (5270 : Expansion of Sit/Lie Ordinance)
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. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
10.H.a
Packet Pg. 476 Attachment: Proposed Ordinance Revising SMMC 4.08.097 - Expanded Locations (5270 : Expansion of Sit/Lie Ordinance)
1
Vernice Hankins
From:Peter DiChellis <pdichellis@yahoo.com>
Sent:Monday, September 12, 2022 2:50 PM
To:councilmtgitems
Subject:10 H. Doorways Ordinance
EXTERNAL
Strongly favor. Must expand all crime deterrence programs to all areas of the City.
Sincerely,
Peter DiChellis
Unaffiliated moderate
Santa Monica 90403
Item 10.H 09/13/22
1 of 1 Item 10.H 09/13/22
10.H.b
Packet Pg. 477 Attachment: Written Comments (5270 : Expansion of Sit/Lie Ordinance)