ITEM 8-B
City Council Meeting 10-29-91 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Adding Section 4214 to the Santa
Monica Municipal Code Regulating the Use
of Public Restrooms
In reviewing various Crime Reports, there is a problem of
adults using restrooms intended for members of the other gender
that are located in public parks, beaches, pier or parking
facility. This activity is often associated with illegal drug
activity or with illegal sexual activity.
Currently, neither state nor local law makes it a crime for
an adult to use restrooms intended for members of the other
gender. Penal Code Section 647(d) does make it a crime to loiter
in a restroom, but we must generally prove lewd intent to
successfully prosecute this violation. Often times, the police
will not have sufficient evidence to make an arrest under this
Section.
The accompanying ordinance adds Section 4214 to the Santa
Monica Municipal Code to prohibit adults from using restrooms
intended for members of the opposite gender.
In drafting this ordinance, we have attempted to take into
account concerns of women about inequality in the number of
restroom facilities. Recently, a woman was prosecuted in Texas
for violation of a local ordinance for using a men's restroom at
a public event because all of the women's restroom facilities
were at capacity. Accordingly, we have added an exception to the
proposed ordinance that would make the new law inapplicable in
certain limited circumstances.
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 4214
TO THE SANTA MONICA MUNICIPAL CODE REGULATING
THE USE OF PUBLIC RESTROOMS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 4214 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4214. Use of Public
Restrooms.
(a) No person 18 years of age or
older shall enter any public restroom
located in any park, beach facility,
pier, or public parking facility that is
clearly designated for persons of the
other gender.
(b) This Section shall not apply
if urgent necessity requires the use of
toilet facilities, all toilet facilities
in any adjacent restroom intended for use
by such person are unavailable, and the
entry into the restroom is for the sole
purpose of using the toilet facilities.
For purposes of this subsection,
"unavailable" means that the restroom was
closed or that all toilets were in use
and more than three people were waiting
in line to use such toilets as they
became available.
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