Item 8-C

Council Meeting 4/8/97                       Santa Monica, CA

TO:       Mayor and City Council

FROM:     City Staff

SUBJECT:  Sixth-Month Review of Implementation of Ordinance
          Prohibiting Sitting and Lying on Sidewalks in the Third
          Promenade And Recommendation To Approve Amendments
          Which Would Unambiguously  Prohibit Lying On Benches In
          The Third Street Promenade, Sitting On Railings Around
          the Topiary Statutes And Sitting Or Lying On The
          Foliage Around The Statues

INTRODUCTION
On August 20, 1996, the City Council adopted current Municipal
Code Section 3.12.350 which prohibits sitting or lying on
sidewalks in the Bayside District and on the Third Street
Promenade during specified hours.  The measure was intended to
promote the public  welfare by protecting the free and orderly
flow of pedestrian traffic, ensuring the safety of pedestrians
with special needs including the elderly, vision-impaired, very
young and disabled, and protecting public safety personnel's
ability to respond efficiently to calls for service. 

When the Council adopted the ordinance it also directed staff to
report back in six months on the implementation of the ordinance
and to recommend any necessary modifications.  This report
fulfills the Council's direction.  It reports on implementation
of the ordinance and recommends amendments for the purpose of
clarification.

DISCUSSION
Following adoption of the ordinance, the Police Department
established enforcement procedures and trained police personnel. 
Pursuant to the procedures and training, violators were advised
of the new ordinance during a two-week "grace period." 
Thereafter, individuals were cited only after they received at
least one verbal warning.  

Since the adoption of the ordinance, approximately 35 citations
have been issued.  Admonishments were given to every person
observed to be in violation.  No statistics were kept on
warnings.  So, the actual number of persons warned is unknown. 
However, officers report that the warnings were effective and
that most persons complied, willingly, with the ordinance once
they were advised of its requirements.  

Police Department personnel have not observed any difficulties
experienced by movie patrons waiting in line to enter theaters. 
Nor have any grievances been made by movie-goers or theater
employees.  Few persons sit on the sidewalk while awaiting entry
to theaters, and one theater allows patrons to sit in the lobby
area if the need arises.

The Police Department conducted an informal poll of citizens and
merchants in the Bayside District.  Those polled reported that
they believed the ordinance has had a positive impact on the use
of public space within the Bayside District.  

Police personnel have observed that, since the adoption of the
ordinance, some persons have continued to sit upon the metal
railings bordering the topiary planters.   Because the railings
were not designed for sitting, this practice may be unsafe. 
Other persons have continued to lie down on the benches in the
Promenade.  This practice reduces the space available for those
who need or wish to sit on benches.  Other persons sit or lie on
the plantings around the topiary statutes.  This practice harms
the plantings. 

These forms of conduct are not explicitly prohibited by the
ordinance.  The ordinance prohibits sitting or lying on sidewalks
in the Bayside District and on the Third Street Promenade Roadway
and upon objects "placed upon"  those areas (such as chairs and
blankets), except as specifically allowed by the ordinance.  The
exceptions to the prohibition do not include lying on benches,
sitting on railings, or sitting or lying on plantings.  Because
these forms of conduct are not included in the exceptions, they
arguably fall under the ordinance's general prohibition.  On the
other hand, the general prohibition is somewhat unclear in that a
topiary statue may or may not be an object  "placed upon" the
public sidewalk or  roadway.  Therefore,  if the Council wishes
to clearly prohibit these forms of conduct and to make that
prohibition enforceable through the criminal process,  the
ordinance should be amended to eliminate any present ambiguity. 
A proposed ordinance is attached.  It would make clear the
prohibition against lying on benches in the Third Street
Promenade, sitting on railings around the topiary statues,  and
sitting or lying on the foliage around the topiary statues.  

RECOMMENDATIONS
Staff recommends that the City Council eliminate any ambiguity in
Municipal Code Section 3.12.350 by approving the attached
proposed ordinance on first reading.