ITEM 8-F

City Council Meeting 4-24-90             Santa Monica, California

                          STAFF REPORT

TO:         Mayor and City Council

FROM:       City Attorney

SUBJECT:    Ordinance Adding Section 3202A to the Santa Monica
            Municipal Code Relating to Deposit of Beach Parking
            Lot Fees into Honor Boxes

      At its meeting on March 27, 1990, the City Council directed
the  City  Attorney  to  prepare an ordinance enabling the Police
Department to ticket vehicles which fail to deposit beach parking
lot  fees  in  honor  boxes.  The accompanying ordinance has been
prepared  and  is  presented  to  the  City   Council   for   its
consideration.

      Since the installation of fee boxes in beach  parking  lots
located at 810 Pacific Coast Highway and 1670 and 1750 Appian Way
in the Spring of 1989, there has been a problem with  individuals
entering the unattended lots and refusing to deposit the required
payment in  the  fee  boxes.   The  accompanying  ordinance  adds
Section  3202a  to  the Municipal Code.  The new section provides
that it is unlawful for any individual to park in a  parking  lot
containing a fee box without paying the fee, unless notice is not
adequately given that  the  lot  contains  a  fee  box  in  which
individuals must deposit a required parking fee.

                         RECOMMENDATION

      It  is  respectfully  recommended  that  the   accompanying
ordinance be introduced for first reading.

PREPARED BY:  Robert M. Myers, City Attorney


                      ORDINANCE NUMBER ____

                      (City Council Series)

             AN ORDINANCE OF THE CITY COUNCIL OF THE
        CITY OF SANTA MONICA ADDING SECTION 3202A TO THE
       SANTA MONICA MUNICIPAL CODE RELATING TO DEPOSIT OF
             BEACH PARKING LOT FEES INTO HONOR BOXES

      THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:

      SECTION 1.  Section 3202a is  added  to  the  Santa  Monica
Municipal Code to read as follows:

                  SECTION 3202A.  Fee  Boxes.   No  person
      shall  park  a  vehicle  on  any  unattended  public
      parking lot without depositing the posted fee in the
      fee  box, if a fee box has been installed in the lot
      and if all entrances to  the  lot  are  posted  with
      notice of the fee and the existence of the fee box.

      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, are 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  any  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 after 30 days from its adoption.

APPROVED AS TO FORM:

____________________
ROBERT M. MYERS
City Attorney