Every physician, surgeon, druggist or pharmacist who shall render
any treatment or service to any person having a traumatic injury,
shall report the same both by telephone and in writing to the Police
Department as soon as such injury shall have been brought to the attention
of such physician, surgeon, druggist, or pharmacist. Such report shall
state where such injured person is located and the name of such person,
if known, and the character and extent of such injury.
(Prior code § 3600)
Every person managing or in charge of any hospital or of any
ward or portion of any hospital, to which any person having a traumatic
injury shall come or shall be brought, shall report the same both
by telephone and in writing to the Police Department as soon as such
injury shall have been brought to the attention of such person managing
or in charge of such hospital or ward or portion thereof, and in such
report shall state where such injured person is located, the name
of such person, if known, and the character and extent of injury.
(Prior code § 3601)
No person shall vend, sell or distribute, at retail or to the
public, in any manner whatsoever, any article, drug or medicinal preparation,
manufactured, produced or primarily intended for use as, or which
may be used as a contraceptive, within the City, except regularly
licensed practitioners of medicine, in their practice, or in drug
stores employing a registered pharmacist. No person shall vend, sell
or distribute any such article, drugs or medicines on the streets,
or elsewhere, within the City, by means of machines, or by peddling,
canvassing or soliciting on the streets, school grounds or from house
to house, or otherwise except as hereinbefore provided.
(Prior code § 3602)
No person shall own, or have in his or her possession or on
his or her premises, any vending or slot machine or the like containing
contraceptives.
(Prior code § 3603)
Every person who shall repossess any motor vehicle sold, exchanged
or financed by such person, or by any other person, shall, immediately
after such repossession, communicate with the Santa Monica Police
Department and inform said Department of such repossession.
Said communication may be made in person by the repossessor
or authorized agent, or by telephone, and shall contain:
(a) The
name and address of the person making such repossession;
(b) The
name and address of the person from whom such repossession was made;
and
(c) The
make, the State license number, the motor number, serial number, the
style, and seating capacity of any motor vehicle repossessed.
(Prior code § 3604; amended
by Ord. No. 416CCS, adopted 2/13/57)
No person shall operate, in the City of Santa Monica, an escort
service or similar business that furnishes or offers to furnish persons
who escort others for compensation.
(Prior code § 3605; added
by Ord. No. 343CCS, adopted 10/13/54; amended by Ord. No. 2326CCS § 1,
adopted 10/26/10)
(a) Except
when otherwise required by this Code or the
Vehicle Code, whenever
a person is arrested for a violation of this Code, the City Charter,
or any ordinance of the City, the violation of which is punishable
either as a misdemeanor or an infraction, unless such person is taken
before a magistrate in accordance with the
Penal Code or demands to
be so taken, the arresting officer shall prepare a written notice
in accordance with the
Penal Code and shall release the person upon
his or her written promise to appear in court in accordance with the
Penal Code.
(b) Any
person who wilfully violates his or her written promise to appear
in court given in accordance with this Section shall be guilty of
a misdemeanor regardless of the disposition of the charge upon which
he or she was originally arrested.
(Prior code § 3606; amended
by Ord. No. 1331CCS, adopted 2/26/85)
Any person willfully failing to pay any lawfully imposed fine
for a violation of any provision of the Santa Monica City Charter,
the Santa Monica Municipal Code, or ordinance of the City of Santa
Monica within the time authorized by the court and without lawful
excuse having been presented to the court on or before the date the
fine is due is guilty of a misdemeanor regardless of the full payment
of the fine after such time.
(Prior code § 3606A; added
by Ord. No. 1214CCS, adopted 7/28/81)
(a) Pursuant to
Penal Code Section 836.5, City officers and employees occupying the job classifications set forth in subsection
(b) may arrest a person whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or infraction in his or her presence which is a violation of the City Charter, this Code, or any ordinance or statute and which the officer or employee has the duty to enforce. In any case in which a person is arrested pursuant to this Section and the person arrested does not demand to be taken before a magistrate, a written notice to appear shall be prepared and the person shall be released on his or her promise to appear as provided for in Section
3.36.070 of this Code and
Penal Code Sections 853.5 and 853.6.
(b) Any
City officer or employee occupying one of the following job classifications
may make arrests and issue written notices to appear pursuant to this
Section:
(4) Industrial Waste Inspector.
(9) Senior Animal Control Officer.
(10) Senior Building and Housing Inspector.
(11) Senior Electrical Inspector.
(12) Senior Mechanical Inspector.
(13) Senior Plumbing Inspector.
(14) Street Inspector or Public Works Inspector.
(16) Supervising Building Inspector.
(17) Supervising Zoning Inspector.
(18) Water/Wastewater Superintendent.
(20) Code Enforcement Officer or Code Compliance Officer.
(21) Office of Sustainability and the Environment Inspector.
(23) Public Services Officer (PSO).
(24) Lead Public Services Officer.
(25) Public Services Officer Supervisor.
(26) Public Services Administrator.
(27) Pier and Harbor Services Officer (PHSO).
(28) Lead Pier and Harbor Services Officer.
(29) Pier and Harbor Services Supervisor.
(c) No
City officer or employee shall make an arrest or issue a written notice
to appear pursuant to this Section unless the Chief of Police has
certified that the person has received training concerning the procedures
to use in making an arrest and issuing a written notice to appear.
(Prior code § 3606b; added
by Ord. No. 1465CCS, adopted 2/14/89; amended by Ord. No. 1718CCS §
1, adopted 1/18/94; Ord.
No. 2335CCS § 5, adopted 12/14/10; Ord. No. 2493CCS § 2,
adopted 9/8/15)
It shall be unlawful for any person to loiter underneath the
Santa Monica Municipal Pier, Newcomb's Pier, or the Pacific Ocean
Park Pier.
(Prior code § 3607; added
by Ord. No. 605CCS, adopted 5/21/63)
No person shall trespass in, upon, on, under or across any pier
or portion of a pier located in the City of Santa Monica, provided
that such pier shall have been posted at each of the corners of the
pier and at intervals of no less than one hundred feet with clearly
legible signs with letters at least two inches in height bearing the
words "posted pier-no trespass," and such other words as may be desired
indicating that trespassers are subject to prosecution under this
Section.
These provisions shall have no application to a trespass committed
by any peace officer or other authorized employee, agent, or independent
contractor of the City of Santa Monica when in the performance of
lawful duty or other legitimate business.
(Prior code § 3607A; added
by Ord. No. 971CCS, adopted 9/3/74)
No person shall be present upon or within the Santa Monica Palisades
Bluff. The Santa Monica Palisades Bluff is defined as the area bordered
by the northern City border, Pacific Coast Highway, the Santa Monica
Pier Bridge and the fence along the ocean side of Palisades Park.
Notwithstanding the foregoing, the provisions of this Section
do not apply to: (1) persons using the California Incline or pedestrian
walkways, stairways or overpasses maintained by the City or the State
of California; and (2) government employees and agents present on
the Santa Monica Palisades Bluff pursuant to City or state authorization.
(Added by Ord. No. 2080CCS §
1, adopted 6/10/03)
No person, other than a person duly authorized by a public agency
to do so, shall wear clothing, including a head cap, similar in appearance
to the official uniform designated by the Chief of Police and worn
by police officers of the Santa Monica Police Department.
(Prior code § 3608; added
by Ord. No. 653CCS, adopted 6/29/64)
No person, other than a person specifically authorized by a
public agency to do so, shall wear any badge or insignia similar in
size and shape, or otherwise similar in appearance, to any badge or
insignia designated by the Chief of Police for official use and worn
by members of the Santa Monica Police Department.
(Prior code § 3609; added
by Ord. No. 653CCS, adopted 6/29/64)
No person employed to guard by persons or property or engaged
in the business of guarding persons or property, other than a person
duly authorized by a public agency so to do, shall wear a uniform
which is black, navy blue, or dark blue in color.
(Prior code § 3610; added
by Ord. No. 653CCS, adopted 6/29/64)
(a) The
Council does hereby declare and determine that a pedestrian mall,
known as the Third Street Promenade, is finally established under
the Pedestrian Mall Law of 1960, and that a general description of
said pedestrian mall is as follows:
Third Street between the southeasterly line of Wilshire Boulevard
and the northwesterly line of Arizona Avenue, and between the southeasterly
line of Arizona Avenue and the northwesterly line of Santa Monica
Boulevard and between the southeasterly line of Santa Monica Boulevard
and the northwesterly line of Broadway.
(b) The
Council does hereby declare and determine that a pedestrian mall,
known as the First Court Promenade, is finally established under the
Pedestrian Mall Law of 1960, and that a general description of said
pedestrian mall is as follows:
First Court between the northwesterly line of Santa Monica Boulevard
and a parallel line approximately one hundred sixty feet northwesterly
and twenty feet wide; and an area of approximately twenty feet south
of the northwesterly line of Santa Monica Boulevard thirty feet wide.
(c) No
vehicles shall be permitted on the First Court Promenade, except for
emergency, utility, and/or maintenance/service vehicles.
(Prior code § 3611; added
by Ord. No. 700CCS, adopted 9/28/65; amended by Ord. No. 1888CCS § 8,
adopted 8/28/97; Ord.
No. 2725CCS § 1, adopted 10/25/22)
The following requirements apply to alley lighting in the area
bounded by Wilshire Boulevard, Fourth Street, Broadway, and Second
Street;
(a) All
buildings shall have exterior lighting on the building frontage facing
Mall Court West or Mall Court East.
(b) Lighting
shall be in accordance with plans and specifications on file in the
office of the Director of General Services. The lighting fixtures
shall be maintained in good working condition and shall be illuminated
from sunset to sunrise each day.
(c) The
number of lighting fixtures shall be not less than two lighting fixtures
for each lot that the building occupies.
(d) The
owner of any building subject to this Section shall install or cause
to be installed lighting meeting the requirements of this Section
on or before July 1, 1983.
(e) The
Director of General Services may waive the requirements of this Section
upon a finding that on the date of adoption of the ordinance codified
in this Section lighting had been installed in substantial compliance
with the requirements of this Section.
(Prior code § 3611B; added
by Ord. No. 1272CCS, adopted 2/22/83)
Notwithstanding any other provision of this Code, open-air vending and similar retail activities may be conducted in areas approved by the City on the pedestrian mall established pursuant to Section
3.36.150 of this Code.
(Prior code § 3611C; added
by Ord. No. 1443CCS, adopted 5/24/88)
Subject to such restrictions as may be established by the Parking
and Traffic Engineer, vehicles with a gross loaded weight of less
than ten thousand pounds may be permitted on the Third Street Promenade.
In no event shall traffic use be permitted on the Third Street Promenade
without authorization by City Council resolution.
(Prior code § 3612; amended
by Ord. No. 1480CCS, adopted 5/23/89)
That the Council may at any time, by resolution or by order,
suspend the operation of this Chapter for the purpose of permitting
specified vehicles to travel on the mall in connection with special
events to be held thereon such as parades, auto shows and similar
special events.
(Prior code § 3613; added
by Ord. No. 700CCS, adopted 9/28/65)
Emergency vehicles and equipment, City vehicles and equipment
performing services, public trams or similar vehicles operating under
permit from the City, public utility vehicles and equipment and vehicles
displaying an "emergency permit" issued by or at the direction of
the Chief of Police shall be permitted on the mall.
(Prior code § 3614; added
by Ord. No. 700CCS, adopted 9/28/65)
Commercial vehicles and equipment displaying a valid, unrevoked
permit of necessity issued by or at the direction of the Director
of Public Works shall be permitted on the mall subject to any conditions
of restrictions of the permit made by the Director of Public Works
to protect persons on the mall or to protect the physical integrity
and appearance of the mall.
Violation of any condition or restriction of the permit by the
operator of the vehicle or equipment shall be a misdemeanor and, if
the violation is of a continuing nature and is not immediately corrected,
the violation shall result in immediate and automatic revocation of
the permit.
A permit shall be issued only when use of the mall is reasonably
necessary for the purpose of performing work or services on the mall
or on private property abutting thereon. A vehicle or equipment on
the mall not displaying a required, valid, unrevoked permit, shall
be removed and stored at the owner's expense.
(Prior code § 3615; added
by Ord. No. 700CCS, adopted 9/28/65)
It shall by be unlawful for any person to operate a motorcycle,
motor vehicle, or a motor-driven vehicle on unimproved private property
within the City of Santa Monica without first having obtained the
prior written permission of the owner thereof.
(Prior code § 3616; added
by Ord. No. 840CCS, adopted 9/22/70)
Fences and walls shall not be constructed or maintained in a
manner which creates a hazard to life, health or safety.
(a) Residential Zones. Fences and walls which are made of barbed
wire, particularly strand or concertina wire; electrically energized
fences or walls; and fences or walls with jagged edges, i.e., materials
such as glass, nails or metal placed atop or partially imbedded in
the structure, are prohibited. Wooden, stake or picket fences and
pointed decorative metal fences are permitted.
(b) Manufacturing ("M") and Commercial ("C") Zones. Fences and
walls which are electrically energized and those with jagged edges,
as above, are prohibited. Strand barbed wire is permitted above six
feet.
(c) Hardship Exemption. The Zoning Administrator and the Planning
Commission on appeal, may approve a fence or wall of strand wire notwithstanding
the requirements of this Section if the applicant proves the fence
or wall does not constitute a hazard to children or other innocent
persons and that maintenance of the fence or wall is necessary to
prevent the exposure of persons or property to extraordinary risks
of loss from crime or similar undue hardship. No exemption shall be
given for the use of concertina wire, jagged edged or electrically
energized fences.
All electrically energized fences shall be brought into compliance
with the provisions of this Chapter within thirty days from its adoption.
All other fences shall be brought into compliance within one
hundred eighty days from the adoption of the ordinance codified in
this Section.
(Prior code § 3617; added
by Ord. No. 1203CCS, adopted 4/14/81)
(a) No
person may be present in a City-owned parking structure unless he
or she is engaged in one of the following activities or accompanying
someone who is so engaged:
(1) Parking or unparking a vehicle or riding in a vehicle which is being
parked or unparked;
(2) Departing from after parking, or returning to, for unparking, a vehicle
which is parked in the parking structure;
(3) Using or going to or from public restroom facilities located in the
parking structure;
(4) Authorized by the City of Santa Monica to be present.
(b) Any person violating subsection
(a) of this Section shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both fine and imprisonment; or shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars but not more than two hundred fifty dollars.
(c) The
term "City-owned parking structures" means the following structures,
excepting retail or commercial space:
(1) Structure No. 1, located at 1234 4th Street, Santa Monica;
(2) Structure No. 2, located at 1235 2nd Street, Santa Monica;
(3) Structure No. 3, located at 1320 4th Street, Santa Monica;
(4) Structure No. 4, located at 1321 2nd Street, Santa Monica;
(5) Structure No. 5, located at 1440 4th Street, Santa Monica;
(6) Structure No. 6, located at 1431 2nd Street, Santa Monica;
(7) Structure No. 7, located in the 1500 block of 4th Street, Santa Monica;
(8) Structure No. 8, located in the 1500 block of 2nd Street, Santa Monica;
(9) Structure No. 9, located in the 1100 block of 4th Street, Santa Monica;
(10) Structure No. 10, located in the 1100 block of 3rd Street, Santa
Monica;
(11) The Ken Edwards Center parking structure, located at 1527 4th Street,
Santa Monica;
(12) Main Library parking structure, located at 601 Santa Monica Boulevard,
Santa Monica;
(13) Civic Center parking structure, located at the northwest corner of
4th Street and Civic Center Drive.
(Added by Ord. No. 1772CCS §
2, adopted 10/18/94; amended by Ord. No. 1785CCS § 1, adopted 12/13/94; Ord. No. 2335CCS § 3,
adopted 12/14/10; Ord.
No. 2403CCS § 38, adopted 7/24/12; Ord. No. 2416CCS § 4,
adopted 2/26/13)
(a) Definitions. As used in this Section, the following terms
shall have the following meanings:
"Fuel"
means any combustible gaseous, liquid, or solid material,
including, but not limited to, propane, butane, isobutane, propylene,
butylene, any other liquefied petroleum gas, kerosene, sterno, charcoal,
or wood.
"Fuel tank"
means any tank, cylinder, container, or receptacle of any
kind in which the fuel is held. For the purposes of this Section,
fuel tank also includes any device or object to which the fuel tank
is secured if the fuel tank cannot be separated from the device or
object without the use of a tool.
"Vehicle"
has the same meaning as "motor vehicle," as defined by Vehicle
Code Section 415.
(b) Prohibition on Use. No person shall use any fuel on the Santa
Monica Pier, including the Pier Bridge, or within twenty-five feet
of the Santa Monica Pier, for any purpose involving the fuel's combustion,
including, but not limited to, heating, lighting, or cooking, without
first obtaining a permit from the Fire Marshal.
(c) Prohibition on Possession. No person shall possess any fuel on the Santa Monica Pier, including the Pier Bridge, or within twenty-five feet of the Santa Monica Pier, without first obtaining a permit from the Fire Marshal. This prohibition does not apply to the possession of charcoal or wood except if the charcoal or wood is used in violation of subsection
(b).
(d) Exceptions. This Section shall not apply to fuel tanks containing
less than one hundred fifty milliliters of gaseous or liquid fuel
or to fuel tanks that are used to power internal combustion, zero
emission, or alternative fuel vehicles as permitted by law.
(e) Administrative Regulations. The Fire Marshal or designee may
promulgate regulations to implement the provisions of this Section.
No person shall fail to comply with any such regulation.
(f) Enforcement.
(1) Any person violating this Section, or any regulation promulgated
under this Section, shall be guilty of an infraction, which shall
be punishable by a fine not exceeding five hundred dollars per violation,
or a misdemeanor, which shall be punishable by a fine not exceeding
five hundred dollars per violation, or by imprisonment in the County
Jail for a period not exceeding six months, or by both such fine and
imprisonment.
(2) This Section and any regulations promulgated under this Section shall also be enforceable through the issuance of administrative citations in accordance with Chapter
1.09 of the Santa Monica Municipal Code. Pursuant to Section
1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of this Section, or any regulation promulgated under this Section, shall be as follows, subject to modification by the City Council by resolution: two hundred fifty dollars for a first violation; five hundred dollars for a second violation committed within one year of the first violation; and one thousand dollars for a third or subsequent violation committed within one year of the first violation.
(3) Each day or portion of a day that any person violates or continues
to violate any provision of this Section, or any regulations promulgated
under this Section, constitutes a separate violation and may be charged
and punished separately.
(g) Impoundment.
(1) The City may impound fuel that is used or possessed in violation
of this Section, together with the fuel tank.
(2) The City may immediately dispose of impounded materials that cannot
be safely stored and may dispose of impounded abandoned materials
in accordance with administrative regulations.
(3) Any person claiming ownership of any item impounded under this Section may contest the impoundment by filing a timely appeal pursuant to Chapter
1.09 of the Santa Monica Municipal Code.
(4) The City Council may by resolution adopt impound fees, which shall
reflect the City's enforcement, investigation, storage, and impound
costs. No person shall retrieve impounded materials without paying
applicable impound fees and demonstrating proper proof of ownership.
(Added by Ord. No. 2681CCS §
1, adopted 8/24/21; amended by Ord. No. 2694CCS § 1, adopted 2/22/22)