O2146
f:\atty\muni\laws\mjm\rulesamend2d .doc
City Council Meeting 11-23-04 Santa Monica, California
ORDINANCE NUMBER 7l4fi (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 1.08.030
REGARDING RULES FOR CITY LIBRARIES AND MEETING FACILITIES
WHEREAS, City libraries and meeting facilities are operated for the benefit of the
general public and must function as shared resources; and
WHEREAS, individuals who cannot or do not regulate their own conduct and who
persistently annoy other patrons or disrupt the quiet enjoyment of these public facilities
make it impossible for the facilities to serve their intended purposes; and
WHEREAS, rules intended to ensure that library and meeting facilities remain
available to all serve the general welfare; and
WHEREAS, such rules must be formulated and administered fairly and
reasonably so as to preserve and protect individual rights,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 1.08.030 is hereby amended
to read as follows:
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Section 1.08.030. City library and meeting
facilities rules.
(a) The Library Board may promulgate rules for the
use of City libraries and the City Manager may promulgate
rules for the use of City meeting facilities.
(b) Such rules shall be formulated to ensure that the
libraries and meeting facilities serve their primary purposes.
In the case of libraries, these purposes include the provision
of a quiet and orderly environment in which people may
read, study, use library materials and equipment and
contemplate. The purpose of meeting facilities is to provide
an orderly environment in which groups may gather to
conduct meetings, attend lectures and discussions, and
undertake other group activities. The rules may regulate
disruptive behavior, noise, offensive odors, health and
sanitation hazards, and bringing possessions, materials or
objects into the library or facility which are likely to interfere
with its use by others. The rules may not unreasonably or
unfairly restrict access to libraries or facilities by any person
or group.
(c) Any person who has violated any rule or
regulation duly adopted by the Library Board shall be subject
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to the suspension of his or her borrowing privileges from the
Library for a period not to exceed one year.
(d) Rules for the use of City libraries and meeting
facilities shall be conspicuously posted on the premises.
Any person who violates the rules shall be advised of the
violation and the rules' requirements. Any person who fails
or refuses to comply with any rule after receiving a personal
notice shall be warned that continued failure to comply may
result in the person being required to leave the premises.
(e) Any person who fails or refuses to leave the
facility after being given the requisite notice, warning and
direction to leave, shall be guilty of a misdemeanor which
shall be punishable by a fine not exceeding One Thousand
Dollars ($1,000) per violation, or by imprisonment in the
County Jail for a period not exceeding six months, or by both
such fine and imprisonment.
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
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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:
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Approved and adopted this 23rd day of November, 2004.
~~ayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2146 (CCS) had its introduction on November 9, 2004, and
was adopted at the Santa Monica City Council meeting held on November 23, 2004, by
the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro T em McKeown,
Feinstein, Genser, Holbrook, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz
ATTEST:
~
Maria M. Stewart,
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