R-8886
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CA:MM:muni\atty\laws\mjm\drugfree
City council Meeting 4-11-95 Santa Monica, California
RESOLUTION NUMBER 8886 (CCS)
(City council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DECLARING PARKS AND
BEACHES, INCLUDING ADJACENT PARKING LOTS AND
SIDEWALKS, TO BE DRUG-FREE ZONES PURSUANT
TO HEALTH AND SAFETY CODE SECTION 11380.5
WHEREAS, the sale of drugs in public parks and at public
beaches within the City of Santa Monica poses a risk to the safety
of persons who use the parks and beaches, including city residents
and visitors, alike; and
WHEREAS, the sale of drugs in public parks and at public
beaches adversely affects the public health and welfare by
discouraging residents and visitors from using the parks and
beaches for legitimate recreational purposesj and
WHEREAS, the sale of drugs in public parks and at public
beaches in the City creates particular risks to the health and
safety of senior citizens, young children and teenagers because
members of those groups make heavy use of such facilities, are
among the least able to protect and defend themselves against
crime, and are uniquely vulnerable to the dangers attendant upon
exposure to drug sales and to drug paraphernalia, including
needles; and
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WHEREAS I the sale of drugs in pUblic parks and at public
beaches consumes substantial law enforcement resources which could
otherwise be directed toward other community needs; and
WHEREAS, the existence of a sentence enhancement for
conviction of the possession for sale or the sale of drugs in
public parks and at public beaches will serve to deter and prevent
drug sales from occurring in such areas and thereby enhance the
public health, safety and welfare; and
WHEREAS, the State Legislature has recently adopted Assembly
Bill 2638 which adds Section 11380.5 to the Health and Safety Code;
and
WHEREAS, Health and Safety Code Section 11380.5 provides that
anyone convicted of selling certain drugs in a public park or at an
ocean-front beach, including adjacent public parking lots and
sidewalks adjacent to such park or beach, may be subject to an
additional year of imprisonment if the local city councilor board
of supervisors declares such areas to be drug-free zones and if
notlce of the law is posted,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION l. Pursuant to Assembly Bill 2638 adding Section
11380.5 to the Health and Safety Code, the public parks and ocean-
front beaches in the City of Santa Monica, including parking lots
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and sidewalks adjacent to such parks and beaches, are hereby
declared to be drug-free zones.
SECTION 2. The notice which is required by Health and Safety
Code section 11380.5(e) (2) shall be posted at public parks and
ocean-front beaches.
SECTION 3 .
Pursuant to Health and Safety Code section
11380.5, this Resolution will be of no further force and effect
after January 1, 1998.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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MARSHA JONlf1 MOUTRIE
City Attorney
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Adopted and approved tills 11th of Apnl, 1995
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Mayor
I hereby certIfy that the foregomg ResolutIon 8886 (CCS) was duly adopted at a
meetmg of the CIty CouncIl held on the 11th of Apnl, 1995 by the followmg vote.
Ayes
CouncIlmembers
Abdo, O'Connor, Greenberg, Genser, Rosenstein,
Ebner, Holbrook
Noes
CouncIlmembers
None
Abstam
CouncIlmembers
None
Absent
Councllmembers'
None
ATTEST
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CIty Clerk