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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 10.H Packet Pg. 469 2 of 3 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. 10.H Packet Pg. 470 3 of 3 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 10.H Packet Pg. 471 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)