SR 08-22-2023 10D
City Council
Report
City Council Meeting: August 22, 2023
Agenda Item: 10.D
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Introduction and First Reading of an Ordinance Adding Santa Monica
Municipal Code Chapter 3.29 to Prohibit the Open Carry of Knives, Daggers,
and Swords in Public Areas
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed ordinance is categorically exempt under
Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines.
2. Introduce for first reading an ordinance adding Chapter 3.29 to the Santa Monica
Municipal Code establishing regulations prohibiting the open carry of knives,
daggers, and swords in public areas.
Executive Summary
In order to ensure safety and security in public spaces, the Santa Monica Police
Department, in conjunction with the Santa Monica City Attorney’s Office, is proposing an
ordinance to prohibit the open carry of certain knives, daggers, sharpened sticks, and
swords in public, with only a few limited exceptions. This ordinance would strengthen
existing state law prohibiting concealed carry of these edged weapons in public by
extending the protections to prohibit carrying large-blade knives, daggers, and swords
openly.
Discussion
Across the nation, aggravated assaults, and other serious crimes where an edged
weapon is used have increased in the past several years and caused concern for public
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safety in the City of Santa Monica. In 2020, there were 52 reported aggravated assaults
in which a knife was used. In 2021, the number rose to 71 and increased again in 2022
to 75. Similarly, robberies with a knife as the weapon numbered 20 in 2021 and then
rose to 38 in 2022. There are many factors that have contributed to the increase in the
use of edged weapons, including the ease of obtaining them by individuals of all ages.
Currently under California law, a police officer who encounters an individual in
possession of an openly carried edged weapon may only advise the individual of the
safety concerns for other members of the public, except in the cases w here there is
evidence of criminal activity.
The absence of any City, State, or Federal legislation addressing the open display or
carrying of fixed blade knives, daggers, swords, sharpened sticks, and other edged
weapons, creates challenges for law enforcement in preventing violent crimes that may
harm residents and visitors to Santa Monica. Additionally, the open display of these
weapons can be detrimental to members of the public using the city’s public spaces.
Due to the increasing frequency and resulting challenges in addressing this type of
crime, the City would benefit from this ordinance for multiple reasons, including, but not
limited to: (1) deterring the open use of edged weapons in public, enhancing public
safety and comfort throughout the city, (2) giving law enforcement a valuable tool to
immediately seize edged or pointed weapons that may be used to commit a violent
crime, and (3) reducing Part I crimes, specifically aggravated assaults. statistics which
have been negatively impacted by aggravated assaults.
This ordinance will provide the Santa Monica Police Department with clearly established
legal authority to protect the public and enhance the ability to deter violent criminal
activity. Over time, the ordinance is expected to reduce the number of armed assaults in
public spaces within the City of Santa Monica.
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Environmental Review
The proposed ordinance is categorically exempt from the provisions of the CEQA
pursuant to Section 15061(b)(3) of the State CEQA Guidelines (common sense
exemption). Based on the evidence in the record, it can be seen with certainty that
there is no possibility that the proposed ordinance may have a significant effect on the
environment. Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will return to Council if specific budget actions are required
in the future.
Prepared By: Belen Sahagun, Executive Administrative Assistant
Approved
Forwarded to Council
Attachments:
A. Attachment A - City of Santa Monica Knife Assault Statistics
B. Attachment B - Ordinance Prohibiting Open Carry of Knives Daggers Swords
080823 (002)
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ATTACHMENT A: CITY OF SANTA MONICA KNIFE ASSAULT STATISTICS
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Packet Pg. 416 Attachment: Attachment A - City of Santa Monica Knife Assault Statistics (5849 : Knives, Daggers and Swords-First Reading)
City Council Meeting: August 22, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 3.29 TO THE SANTA MONICA MUNICIPAL CODE PROHIBITING
THE OPEN CARRY OF KNIVES, DAGGERS, AND SWORDS IN PUBLIC AREAS
WHEREAS, Penal Code Section 417 prohibits brandishing a deadly weapon in a
rude, angry, or threatening manner, in a public place; and
WHEREAS, a city’s police power includes the power to regulate deadly weapons,
including, knives, daggers, swords, and other sharp pointed objects; and
WHEREAS, the City is a popular destination for tourism and travel because the
City strives to maintain clean, safe, and secure public areas and streets; and
WHEREAS, openly carrying knives, daggers, swords, and other sharp pointed
objects in public areas impacts public health, safety, and security; and
WHEREAS, the City Council desires to prohibit the open carry of knives, daggers,
swords, and other sharp pointed objects in public areas to protect the health and safety
of City residents, public safety professionals, and visitors to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.29 is hereby added to the Santa Monica Municipal Code
to read as follows:
CHAPTER 3.29 CARRYING OR WEARING OF KNIVES, DAGGERS, AND SWORDS
IN PLAIN VIEW IN PUBLIC AREAS PROHIBITED
3.29.010 Definitions
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(a) “Knife” or “Dagger” shall include any knife, dirk, or dagger having a blade
three inches or more in length, any ice pick or any other similar sharp pointed tool,
including a sharpened wooden stick or sharpened metallic rod, any straight edge razor or
any razor blade fitted to a handle.
(b) “Sword” shall include a thrusting, striking, or cutting weapon with a blade
longer than a knife or dagger, having one or two cutting edges and a hilt, including, but
not limited to, a longsword, broadsword, rapier, saber, cutlass, machete, or katana.
“Sword” shall not include a fencing foil without a sharpened blade or tip, when used for
the sport of fencing or fencing demonstrations.
(c) “Plain View” shall mean carried or possessed in such a manner that the item
may be plainly seen and recognized, whether in a protective sleeve, sheath, or covering,
or not.
(d) “Public Area” includes any public street, public place, or other area or facility
open to the public.
3.29.020 Open Carry of Knives, Daggers, and Swords Prohibited
(a) No person shall wear or carry in Plain View any knife, dagger, or sword in or
upon any Public Area.
(b) This chapter shall not apply to the following:
(1) Sworn law enforcement or public safety personnel on duty;
(2) Sworn law enforcement or public safety personnel off duty, upon
showing law enforcement identification upon demand;
(3) Armed security under contract with the City and pursuant to the
terms of the contract, or as may be permitted by the Police Chief;
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(4) Retired law enforcement officers authorized to carry weapons
pursuant to 18 U.S.C. 926C, with proper identification;
(5) When a person is wearing or carrying a knife, dagger, or sword
as follows:
(i) For use in a lawful occupation;
(ii) Knives carried or used lawfully in restaurants or other dining
facilities;
(ii) For lawful recreational purposes;
(iii) As a recognized religious practice, for example, a kirpan;
(iv) While the person is directly traveling to or returning from
participation in such activities as identified in this subsection 5.
(c) The Council, by resolution, and/or the City Manager, may provide for and
publish further security regulations and/or exceptions to implement this chapter, including,
but not limited to, posting of signage to provide notice of these regulations.
3.27.030 Penalties
(a) The Police Chief is authorized to seize and impound any knife, dagger, or
sword that is kept, possessed, or used in violation of this Chapter, and to hold the same
for a period of up to thirty days or until claimed by its owner. Such articles may not be
returned to any person under the age of eighteen years but may be returned that person’s
legal guardian or parent.
(b) This Chapter shall not be deemed to make punishable an act or acts which
are expressly allowed or preempted by any law of the State or the United States
Constitution.
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(c) Enforcement and Penalties. Any person who violates any provision of this
Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding
two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not
exceeding five hundred dollars, or by imprisonment in the county jail for a period not
exceeding six months or by both such fine and imprisonment. Any person who violates
any provision of this Chapter shall be subject to administrative fines and administrative
penalties pursuant to Chapters 1.09 and 1.10 of this Code. The remedies provided in this
section are not exclusive, and nothing in this section shall preclude the use or application
of any other remedies, penalties or procedures established by law.
SECTION 2. Any provision of the Santa Monica Municipal Code 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 affect 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 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.
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SECTION 4. The Mayor shall sign, and the City Clerk shall attest to the passage
of this Ordinance. This Ordinance shall take effect 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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