ITEM 08-A
City Council Meeting 8-20-96                 Santa Monica, CA

TO:       Mayor and City Council

FROM:     City Attorney

SUBJECT:  Ordinance and Emergency Ordinance Deleting Santa Monica
          Municipal Code Section 3.12.350 Relating to the Use of
          Public Sidewalks, and Replacing it with a Prohibition
          Against Sitting or Lying on Sidewalks in the Bayside
          District and on the Promenade Roadway

Introduction
At its meeting on August 13, 1996, the City Council conducted a
public hearing and held discussion on an emergency ordinance
amending Municipal Code Section 3.12.350 to prohibit sitting or
lying on sidewalks in the Bayside District and on the Third
Street Promenade Roadway.  A vote on the measure was continued to
August 20, 1996.

At the August 13th meeting, the City Council directed the City
Attorney to amend the proposed ordinance in several respects, and
to resubmit the ordinance to the Council, both as an "emergency"
ordinance and as a "regular" ordinance which takes effect 30 days
from its adoption.  In response to these directions, the
accompanying revised ordinances are presented to the City Council
for its consideration.

Discussion
The attached ordinances have been amended in the following ways:

1.   The prohibition against sitting or lying down on sidewalks
in the Bayside District and on the Promenade Roadway would now
apply during the hours of 6:00 a.m. and 1:00 a.m.  Previously,
the ordinance prohibited these acts between 7:00 a.m. and 1:00
a.m.

2.   An exception has been added to the prohibitions contained in
the previously submitted ordinance to provide that in addition to
other things a person may sit on a bollard if it is located on a
public sidewalk or roadway and supplied by a public agency.

3.   A second exception to the prohibitions contained in the
previously submitted ordinance has been added to provide that a
person may sit on a ledge, step, or other masonry surface which
borders the fountains or topiary planters on the public sidewalk
or Third Street Promenade roadway.

RECOMMENDATION
It is respectfully recommended that the City Council consider and
vote upon one of the accompanying ordinances.