ARGUMENT AGAINST
PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONICA, CALIFORNIA

     Despite what anyone may claim, this is NOT an airport noise measure.  Or a more general noise and nuisance measure, either.
     The city council specifically refused those options in drafting this proposition.

     Instead, what this measure calls for is the complete REMOVAL OF ALL LIMITS for civil fines.
     Which means that however minor the infraction, (and violations of the municipal code are all misdemeanors) the city council will be given the power to set the fine, WITH NO RESTRICTIONS as to the amount.

     While there may be some that consider the current $500 ceiling for such misdemeanors too low, (using estimates of the dollar's worth today, versus the past, to justify this) we should note that:
     There is NO EVIDENCE proving that the current limit is inadequate.
     The city itself acknowledges that high fines can actually DECREASE the likelihood of successful prosecution.  And,
     This proposed measure is not an ADJUSTMENT to the current amount, it is the ABOLISHMENT of any and all limits.

     In 1946, Santa Monica's leaders saw the wisdom in putting a ceiling on the fines that could be imposed by the city for violations of the civil code.  This proposition now asks us to give up yet another civil protection that has served us so well, for so long.

     We cannot know the motivations behind the council's preference of this measure over those that more directly targeted significant city issues like airport noise.

     But the very real potential for abuse this proposition holds makes it a poor choice for all of us, as citizens.  I urge you to join your fellow residents in voting NO on Proposition MM.

Donald Gray, Santa Monica Resident

Rebuttal

Impartial Analysis

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