Any persons violating the provisions of Sections 4.08.094 through 4.08.095 shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars or imprisoned for a period not to exceed six months, or both. In the case of a person who is granted probation for repeated violation of any offense under Sections 4.08.094 through 4.08.095, the court may issue, or direct the issuance of, an injunction or "stay away" order to abate and prevent the continuance or recurrence of such violation.
(Added by Ord. No. 1693CCS § 1, adopted 7/20/93; amended
by Ord. No. 1768CCS § 3, adopted 9/13/94; Ord. No. 2398CCS § 1, adopted 4/24/12)
(a)
Between the hours of two a.m. and
six a.m., no person shall enter, remain or be present in or upon the
Santa Monica Civic Center which is the area bounded by Main Street,
Pico Boulevard, 4th Street and the Santa Monica Freeway.
(b)
This Section shall not apply to persons
whose presence is authorized by either the City of Santa Monica or
the County of Los Angeles, or is in conjunction with an activity that
is authorized or permitted in the City of Santa Monica or the County
of Los Angeles, or is in conjunction with gaining ingress to or egress
from the Santa Monica Police Department.
(c)
This Section does not prohibit anyone
from being present at any time on a sidewalk adjacent to any public
street.
(d)
Any person violating the provisions
of this Section shall be guilty of a misdemeanor and upon conviction
shall be fined in an amount not to exceed five hundred dollars or
imprisoned for a period not to exceed six months, or both.
(Added by Ord. No. 1784CCS § 1, adopted 12/13/94)
(a)
No person shall camp in a prohibited
public place.
(b)
For the purpose of this Section:
(1)
"Camp" means to erect, maintain,
store, or occupy a camp facility for the purpose of living accommodations.
(2)
"Camp facility" means the use of,
settling, fixing in place, setting up, storing, locating, or leaving
behind in a prohibited public place any or a combination of the following:
tents, huts, other temporary physical shelters, cots, beds, or hammocks.
(3)
"Prohibited public place" means any of the following: the public parks listed in Section 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica.
(c)
The City Council may, by majority
vote, establish one or more specified camping areas. Such camping
areas, if any, may be located in prohibited public places, except
that such camping areas shall not be located within public parks.
(d)
This Section does not prohibit those
who are homeless from using sleeping bags, blankets, pillows, and/or
bedrolls while sleeping.
(Added by Ord. No. 1768CCS § 4, adopted 9/13/94; amended
by Ord. No. 2728CCS § 1, adopted 11/15/22)
(a)
No person shall sit or lie down in
any entrance to a building in the downtown, Main Street, Broadway,
Colorado Avenue, Lincoln Boulevard, Pico Boulevard, Santa Monica Boulevard,
and Wilshire Boulevard areas between the hours of eleven p.m. and
seven a.m. if that entrance is posted with a sign prohibiting such
conduct.
(b)
As used in this Section, the following
items shall have the following meanings:
(1)
"Downtown" means the area bounded
by and including the west side of Ocean Avenue, the north side of
Wilshire Boulevard, the east side of Lincoln Boulevard, and the south
side of Pico Boulevard.
(2)
"Main Street area" means the area
bounded by and including the west side of Neilsen Way, the north side
of Pico Boulevard, the east side of Main Street from Pico Boulevard
to Strand Street, the north side of Strand Street to Second Street,
the east side of Second Street and the City's southern border.
(3)
"Broadway" means the area bounded
by the west side of Ocean Avenue and the City's eastern border.
(4)
"Colorado Avenue" means the area
bounded by the west side of Ocean Avenue and the City's eastern border.
(5)
"Lincoln Boulevard" means the area
bounded by the north side of Wilshire Boulevard and the City's southern
border.
(6)
"Pico Boulevard" means the area bounded
by the west side of Ocean Avenue and the City's eastern border.
(7)
"Santa Monica Boulevard" means the
area bounded by the west side of Ocean Avenue and the City's eastern
border.
(8)
"Wilshire Boulevard" means the area
bounded by the west side of Ocean Avenue to the City's eastern border.
(9)
"Building" means any building, other
than a building used for solely residential purposes, located in the
areas specified in subsections (b)(1)—(b)(8).
(10)
"Entrance" means the entire area
between the outer edge of any entrance to a building and any exterior
door and includes entry ways, doorways, vestibules, alcoves, and areas
located under cantilevers.
(c)
Any person violating the provisions
of this Section shall be guilty of 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.
(d)
The prohibition contained in this
Section shall not apply to any person sitting or lying down in any
entrance to a building due to a medical emergency.
(Added by Ord. No. 2056CCS § 1, adopted 10/22/02)
(a)
No person, other than a hospital
employee, hospital volunteer, police officer, or paramedic may be
present in the emergency room waiting area of a hospital unless he
or she is awaiting medical services or accompanying another who is
awaiting or receiving medical services.
(b)
Any person who violates subsection (a), who refuses to leave the emergency room waiting area after being requested to leave by a hospital employee or a police officer, and who is convicted, shall be guilty of a misdemeanor, which shall be punishable by a fine of not greater than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.
(Added by Ord. No. 2474CCS § 1, adopted 10/28/14)
(a)
No person shall drink any alcoholic
beverage upon or within any public property, including, but not limited
to: streets, alleyways, sidewalks, parkways, public buildings, public
lavatories, parking facilities, parks, and beaches.
(b)
No person shall possess any can,
bottle, or other receptacle containing any alcoholic beverage that
has been opened, or a seal broken, or the contents of which have been
partially removed within any public park or beach.
(c)
This Section shall not apply to:
(1)
Any person on public property occupied
pursuant to a lease, permit or license from the City when such lease,
permit or license permits the sale and consumption of such beverages;
(2)
Any person in possession of an alcoholic
beverage container for the purpose of recycling the container or other
related activity.
(d)
Any person violating this Section
shall be guilty of an infraction. Any person convicted of an infraction
under this Section shall be punishable by a fine of not more than
one hundred dollars. Each such person shall be guilty of a separate
offense for each and every commission of any violation of any provision
of this Section and shall be punished accordingly.
(Prior code § 4204a; amended by Ord. No. 1214CCS, adopted 7/28/81; Ord. No. 2352CCS § 1, adopted 4/12/11)
No person shall open and leave open
any gate extending across or upon any sidewalks, so as to be an obstruction
to persons passing on such sidewalk.
(Prior code § 4205)
No person shall drive or ride any
horse or other animal upon any public highway or thoroughfare, within
the corporate limits of the City, immoderately, or beyond a moderate
gait, or in such a manner as to endanger the safety of persons on
said highways or thoroughfares.
(Prior code § 4206)
Every person conducting any rooming
house, lodging house, hotel, inn, motel, auto court, or any other
similar place in the City, at all times shall keep and maintain therein
a hotel register in which shall be inscribed with ink or indelible
pencil, the name and home street and town address of each and every
guest or person renting or occupying a room or rooms therein. Such
register shall be signed by the person renting or occupying a room
or rooms and the proprietor or an agent thereof of such rooming house,
lodging house, hotel, inn, motel, auto court, or any other similar
place, thereupon shall write opposite such name or names so registered,
the number of each room assigned to or occupied by each such guest
or person together with the time when such room is rented and until
all of the aforesaid entries shall have been made in such register,
no guest or person shall be suffered or permitted to occupy any such
room.
When the occupant or occupants of
such room so rented shall quit and surrender the same, it shall be
the duty of said proprietor or an agent thereof to enter the time
thereof in such register opposite the name of such occupant or occupants.
Erasures or alterations on the register shall not be made for any
purpose. Such register shall be kept in a conspicuous place and at
all times shall be open to the inspection of any police officer of
the City.
(Prior code § 4209a)
No person shall register at any rooming
house, lodging house, hotel, inn, motel, auto court, or other place
in the City under the name of any other person, or of a fictitious
person, or give or sign upon the register of any such place, any assumed,
false or fictitious name, or any other name the true or correct name
of such person so registering or so giving or signing or causing his
or her name to be signed.
(Prior code § 4210)
No person shall exhibit in any of
the streets, or public places within the City, nor within any enclosure
exposed to view, within said limits any stallion, bull or jackass,
except so far as permitting said animals to walk under the care of
its keeper through said City, or to or from a stable in said City
where it may be kept, while coming into or going without the corporate
limits thereof.
(Prior code § 4211)
(a)
No person eighteen 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.
(Prior code § 4214; added by Ord. No. 1605CCS § 1,
adopted 11/12/91)
(a)
The City Manager, or designee, may
establish rules for the use of public restrooms which shall be formulated
to promote cleanliness, safety, access and availability to all for
the restrooms' intended purpose.
(b)
Rules for the use of public restroom
facilities shall be conspicuously posted on the premises.
(c)
Any person who fails or refuses to
comply with the rules shall be guilty of an infraction, which shall
be punishable by a fine not exceeding two hundred fifty dollars, or
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 such fine and imprisonment.
(Added by Ord. No. 2155CCS § 1, adopted 3/22/05)
No person shall wilfully make to
the Police Department of the City or any officer thereof, or to any
person, with the intent that it be transmitted to said Police Department,
any false, misleading, or unfounded report for the purpose of interfering
with the operation of the Police Department or with the intention
of misleading any police officer.
(Prior code § 4215)
No person, with intent gratuitously
to avail him or herself of the entertainment or recreation furnished
or the privileges conferred therein, shall enter any theater, stadium,
athletic club, ball park, golf course, golf club, tennis club, beach
club, bathing beach or other place of amusement, entertainment or
recreation, for admission to which an admission fee or membership
fee is charged, without first paying such admission fee or membership
fee. Any person who is a bona fide guest of a member of any club may
enter such club in accordance with the rules thereof. Any person may
enter any place which is within the purview of this Section with the
consent of the owner or manager thereof. This Section shall not be
deemed to apply to the entry into any such place by a law enforcement
officer acting within the scope and course of his or her official
duties.
(Prior code § 4216)
No person shall operate any device,
appliance, equipment or apparatus in the City, generating or causing
high frequency oscillations, or radiations which interfere with radio
broadcast receiving apparatus or wireless receiving apparatus, except
that a person duly licensed to practice medicine, osteopathy, chiropractic,
or dentistry, by the State of California, or duly licensed by the
City to carry on or conduct the business of a massage parlor or x-ray
laboratory may operate or cause to be operated any machine necessary
to give treatment, providing that all reasonable methods of preventing
interference with radio broadcast, receiving apparatus or wireless
receiving apparatus has been applied.
This Section shall not apply to radio
broadcast stations, either commercial or amateur, licensed by the
Federal Government or which are engaged in interstate communication
or are public utilities under the supervision of the Public Utilities
Commission.
(Prior code § 4218)
No person attending any public concert
shall disturb the same by carrying on a continual conversation, by
speaking aloud, or making any unusual noise or noises, or creating
other disturbance, preventing or interfering with the enjoyment of
such concert by others in attendance. Any person having charge of
a minor child attending any such concert shall be responsible for
the conduct of such child and shall not permit such child to disturb
said concert by playing beside, along or upon the aisles or seats
used at such concert, or to disturb such concert by talking or in
any other manner interfering with the enjoyment of such concert by
others in attendance thereat.
(Prior code § 4223)
No person shall carry on or assist
in carrying on any amusement or entertainment to which the public
is invited, or in which the public may participate, at any time between
the hours of two a.m. and six a.m.
(Prior code § 4223a)
Any person who shall desire to carry
on or conduct such amusement or entertainment for one night only,
during the hours prohibited by the foregoing Section, may apply in
writing to the Chief of Police for permission so to do and the Chief
of Police may grant such permission to such applicant when in his
discretion the conduct of such amusement or entertainment at such
time shall not be detrimental to the public health, safety, morals
or welfare. The Chief of Police shall either grant or deny such application
within three days after such application has been presented to him
and if he does not grant the same within such period, such application
shall be deemed to have been denied.
(Prior code § 4223b)
Any person who shall desire to carry
on or conduct any such amusement or entertainment, during the hours
prohibited by the foregoing Sections and for a longer period than
one night, shall file a written application therefor with the City
Clerk for presentation to the City Council. Such application shall
contain a detailed statement of the type of amusement or entertainment
which the applicant desires to carry on or conduct and a statement
of the reasons which in his opinion warrant the granting of the same.
Such application shall be filed with the City Clerk at least five
days prior to the date upon which the applicant desires the granting
of such permission and five days prior to the meeting of the City
Council next succeeding the filing of such application. Thereupon
the City Clerk shall refer said application to the Chief of Police
for investigation and his recommendation thereon. The City Council
may grant such permission to such applicant when in its discretion
the nightly conduct of such amusement or entertainment shall not be
detrimental to the public health, safety, morals or welfare.
(Prior code § 4223c)
(a)
"Curfew hours"
"Emergency"
"Establishment"
"Guardian"
"Minor"
"Parent"
"Public place"
"Responsible adult"
"Serious bodily injury"
Definitions. For purposes
of this section, the following words or phrases shall have the following
meanings:
means the period from ten p.m. to six a.m. of the following
day on Sunday through Thursday and from eleven p.m. to six a.m. of
the following day on Friday and Saturday.
means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, natural disaster, automobile accident or any situation
requiring immediate action to prevent serious bodily injury or loss
of life.
means any privately-owned place of business operated for
a profit to which the public is invited, except any place of public
entertainment such as a movie, play, sporting event, dance or school
activity.
means: (i) a person who, under court order, is the guardian
of the person of a minor; or (ii) a public or private agency with
whom a minor has been placed by the court.
means any person under eighteen years of age.
means a person who is a natural parent, adoptive parent or
step-parent of another person.
means any place to which the public or a substantial group
of the public has access and includes, but is not limited to, streets,
highways, and the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities and shops.
means the person at least eighteen years of age, authorized
by a parent or guardian to have the care and custody of a minor.
means bodily injury that creates a substantial risk of death
or that causes death, serious permanent disfigurement or protracted
loss or impairment of the function of any bodily member or organ.
(b)
It is unlawful for any minor to be
present in any public place or on the premises of any establishment
within the City during curfew hours.
(c)
Exceptions. No minor shall be in violation of Section 4.08.370(b) if the minor is:
(1)
Accompanied by his or her parent
or parents, guardian or responsible adult;
(2)
On an errand at the direction of
the minor's parent or parents or guardian or responsible adult, without
any detour or stop;
(3)
In a motor vehicle involved in interstate
travel;
(4)
Engaged in an employment activity,
or going to or returning home from an employment activity, without
any detour or stop;
(5)
Involved in an emergency;
(6)
Directly proceeding or directly returning
home from a public meeting or a place of public entertainment, such
as a movie, play, sporting event, dance or school activity;
(7)
Attending an official school, religious
or other recreational activity supervised by adults and sponsored
by the City, a civic organization, or another similar entity that
takes responsibility for the minor, or going to or returning home
from, without any detour or stop, an official school, religious or
other recreational activity supervised by adults and sponsored by
the City, a civic organization, or another similar entity that takes
responsibility for the minor;
(8)
Exercising First Amendment rights
protected by the United States Constitution;
(9)
Emancipated pursuant to law.
(d)
Before taking any enforcement action
under this section, a police officer shall ask the apparent offender's
age and reason for being in the public place or on the premises of
the establishment during curfew hours.
(e)
Each violation of this section shall
constitute a separate offense.
(Added by Ord. No. 1696CCS § 2, adopted 8/3/93; amended
by Ord. No. 1881CCS § 1, adopted 7/22/97)
All places where billiard tables
or pool tables are maintained for public use shall be and remain closed
every day between the hours of two a.m. and six a.m.
No person under the age of eighteen
years shall be permitted to play at any game or lounge about or in
any public billiard hall, pool hall or other gaming place within the
City, unless accompanied by his parent or guardian, or upon the written
consent of his parent or guardian.
No owner, proprietor or operator
of any such establishment shall permit a violation of the foregoing
Section within his establishment.
(Prior code § 4225; amended by Ord. No. 413CCS, adopted 1/8/57)
No person shall keep, conduct, or
maintain within the City any house, room, apartment, or place used
in whole or in part as a place where any game not mentioned in Section
330 or 330a of the Penal Code of the State of California is played,
conducted, dealt, or carried on with cards, dice, balls, billiard
balls, pool balls, cues, or other device when chance is the predominate
or a substantial factor in determining any winner of such game or
any portion, part, or phase of such game and when for the winning
of such game, or any portion, part, or phase thereof, any person receives
in any manner money, checks, chips, credit, or any other representative
of value or any merchandise or anything of value; nor shall any person
keep, conduct, or maintain within the City any house, room, apartment,
or place used in whole or in part as a place where any game not mentioned
in Section 330 or 330a of the Penal Code of the State of California
is played, conducted, dealt or carried on with cards, dice, balls,
billiard balls, pool balls, cues, or other device when skill is the
predominate factor in determining the winner of such game, except
such games of skill accommodating not more than 20 players or participants
at any one time and for the playing of which a fee determinable before
the playing of such game is paid in advance, and when the prize or
award to any portion, part, or phase thereof consists only of merchandise
not exceeding $7.50 in wholesale value as determined by the average
wholesale cost in Los Angeles County. The display of merchandise of
a wholesale value greater than $7.50 is prohibited.
(Prior code § 4226; added by Ord. No. 1386CCS, adopted 9/9/86)
No person knowingly shall permit
any house, room, apartment, or place owned by him, or under his charge
or control, in said City, to be used in whole or in part for playing,
conducting, dealing, or carrying on therein any game not mentioned
in Section 330 or 330a of the Penal Code of the State of California,
with cards, dice, billiard balls, pool balls, cues, or other devices,
for money, checks, chips, credit, or any other representative of value
or for any merchandise or any other thing of value.
Nothing contained herein shall prohibit using of any house, room, apartment, or place being used for the purpose of playing any skill game as permitted by Section 4.08.390.
(Prior code § 4227; added by Ord. No. 1386CCS, adopted 9/9/86)
No person shall play or bet at or
against any game not mentioned in Section 330 or 330a of the Penal
Code of the State of California, which is played, conducted, dealt,
or carried on with cards, dice, billiard balls, pool balls, cues,
or other device, for money, checks, chips, credit, or any other representative
of value or for any merchandise or any other thing of value.
Nothing contained herein shall prohibit or prevent any person from playing any skill game as permitted by Section 4.08.390
(Prior code § 4228; added by Ord. No. 1386CCS, adopted 9/9/86)
No person shall play, conduct, deal, or carry on any game mentioned in Section 4.08.390 or mentioned in Penal Code Section 330 or 330a for money or other consideration paid to the dealer, employer of the dealer, or other person as consideration for playing such game.
(Prior code § 4228A; added by Ord. No. 1386CCS, adopted 9/9/86)
No person shall carry on, conduct,
or manage any game of amusement or game of skill, carried on, conducted
or managed for commercial or mercantile purposes as the main and principal
business within the corporate limits of the City, other than that
area lying within the following boundaries:
The center line of the Speedway on
the east; the center line of Ashland Avenue on the north; the City
limits in the Pacific Ocean on the west, and the corporate limits
of the City on the south, being that area lying southwesterly of the
Speedway and southeasterly of Ashland Avenue.
The amusement games, or games of
skill, referred to herein shall not include those games now being
conducted, operated or managed or hereafter licensed within the City,
known as "marble games, pool, billiards, and bowling."
This Section shall not be construed
as preventing the licensing of other games in drug stores, cigar stands,
cafes, etc., when such game or games are purely incidental to, and
not the main business therein conducted.
Nothing in this Section shall be
construed as licensing or permitting the carrying on, conducting or
managing of any amusement game, or game of skill, which is conducted,
managed or carried on for commercial or mercantile purposes, which
is in violation of any of the laws of the State of California or the
Code of the City.
(Prior code § 4229)
No person shall operate, maintain,
or carry on, play at, or participate in, nor permit places owned or
controlled by him or her to be used for playing of any games known
as tango, clickety-click, or electric games, such as pool, hearts,
flasher or other games of similar character.
(Prior code § 4230)
No person shall operate, maintain
or carry on, play at, or participate in, nor permit places owned or
controlled by him or her to be used for playing of pinball machines.
(Prior code § 4230A; added by Ord. No. 380CCS, adopted 9/27/55)
No person shall operate, maintain
or carry on, play at, or participate in, nor permit places controlled
or owned by him or her to be used for playing of tango, bingo, skillo,
lite-o-line, or any similar game.
(Prior code § 4230B; added by Ord. No. 409CCS, adopted 8/28/56)
No person shall operate, maintain
or carry on, play at, or participate in, nor permit places owned or
controlled by him or her to be used for playing of panguingui pan,
or any similar game.
(Prior code § 4230C; added by Ord. No. 574CCS, adopted 11/6/62)
No person, except a public officer
or employee in the performance and furtherance of a public duty, shall
paste, paint, print, nail, tack, or otherwise fasten any card, banner,
handbill, sign, poster, advertisement, or notice of any kind, on any
curbstone, lamp post, pole, hitching post, watering trough, hydrant,
bridge, or tree, upon a public street, or public property, within
the City, except as may be required or authorized by this Code, or
required by the laws of the State, or of the United States.
(Prior code § 4231; amended by Ord. No. 2008CCS § 8,
adopted 5/8/01)
No person, except a public officer
or employee in the performance of a public duty, shall hang, suspend,
string any card, banner, handbill, sign, poster, picture, notice,
or political streamer of any kind, over, on, or in any public street,
or in, over, or on any public property within the City, except as
may be authorized or required by this Code or required by the laws
of the State, or of the United States.
(Prior code § 4232; amended by Ord. No. 2008CCS § 4,
adopted 5/8/01)
Notwithstanding anything contained in Section 4.08.490 hereof, temporary City banners over, on or in any public right-of-way may be hung by the City or its agents for the purpose of promoting City-produced or City co-produced events and activities or for the purpose of promoting or calling attention to the City and its economic vitality, celebrating holidays, and aesthetic enhancement. All other temporary banners are prohibited.
A City-produced event is developed
and implemented in its entirety solely by a City department or departments.
A City co-produced event is one that has significant City staff involvement
in both the planning and the implementation of the event together
with a non-City entity. To be considered an event co-produced by the
City, City staff must be involved in all aspects of the event including
creative direction, funding and fund development, marketing and media
relations, and staffing and support services. For purposes of this
Section, events and activities produced by Downtown Santa Monica,
Inc., and the Pier Restoration Corporation, or their successors, are
classified as City-produced and may be promoted by banners hung along
and over the Third Street Promenade and Pier, respectively.
The City Manager is authorized to
adopt administrative guidelines that are consistent with and that
further the terms and requirements set forth in this Section.
(Prior code § 4232A; amended by Ord. No. 261CCS, adopted 10/9/51; Ord. No. 2008CCS § 5, adopted 5/8/01; Ord. No. 2116CCS § 1, adopted 2/24/04; Ord. No. 2243CCS § 1, adopted 11/13/07; Ord. No. 2369CCS § 1, adopted 9/27/11)
No person shall set, draw or use
any fishing net or seine in the Pacific Ocean at any point or place
within the City less than one thousand feet from any wharf, dock or
pier.
(Prior code § 4234)
In addition to the requirements of Chapter 4.44, of the Santa Monica Municipal Code, smoking shall be prohibited in any building or portion thereof within the City, where, in the opinion of the Fire Chief of the City, it would constitute a fire hazard to permit smoking in such building or portion thereof. In the event that the Fire Chief determines that a fire hazard exists, he shall so notify the owner, operator, controller, or other person in charge of such building or portion thereof. Within thirty days following said notification from the Fire Chief, or his or her representative, every owner, operator, controller or other person in charge of such building or portion thereof shall cause to be erected and maintained signs in conspicuous places at each such location where smoking is so prohibited indicating that smoking is prohibited therein. Notwithstanding the above, if smoking in any place constitutes a violation of the Uniform Fire Code, or if based upon the Uniform Fire Code, in the opinion of the Fire Chief, to permit smoking in any place constitutes an imminent and immediate danger to persons or property, such smoking shall be prohibited immediately upon the issuance of an order of the Fire Chief or his representative. The storage, handling and use of materials which become an imminent and immediate danger to persons or property in the presence of smoking shall be removed or operations in connection therewith shall be curtailed and discontinued until sufficient safeguards are established and approved by the Fire Chief or his or her representative to insure that any fire hazard due to smoking in the area has been eliminated. No person shall smoke in any such building or portion thereof where signs have been erected pursuant to this Section, or where an order has been issued by the Fire Chief or his or her representative prohibiting smoking therein.
(Prior code § 4235E; added by Ord. No. 977CCS, adopted 11/19/74)
No person shall establish, maintain
or operate any restaurant, lunch room, tea room, coffee shop, soda
fountain, public boarding house, hotel, club, beer parlor, bar room,
or cocktail lounge, or any other public place where food or beverages
are sold or served to be consumed on the premises unless all rooms
or portions of such place in which food or beverages are prepared
or in which utensils, dishes or glasses are washed, be lighted with
a light intensity of at least ten footcandles thirty inches from the
floor, and all parts of such rooms, places or portions thereof in
which food or beverages are sold, served or consumed, be lighted with
a light intensity of at least two footcandles thirty inches from the
floor, in all parts of such rooms, places or portions thereof.
(Prior code § 4240; amended by Ord. No. 226CCS, adopted 9/26/50)
No person shall sell or offer to
sell tickets for events at the Civic Auditorium on public property
except at the box office of said Civic Auditorium. A violation of
this Section is a misdemeanor punishable as provided in this Code.
(Prior code § 4254; added by Ord. No. 468CCS, adopted 4/15/59)
No person shall manage, conduct,
carry on, or participate in, directly or indirectly, the business
of "horse-race touting." As used herein, "horse-race touting" is the
business whereby any person, for a consideration, attempts to, or
does persuade, procure or cause another person to wager on a horse
or horses in a race or races to be run in this State or elsewhere,
and upon which money is wagered.
(Prior code § 4255; added by Ord. No. 523CCS, adopted 3/28/61)
No person shall manage, conduct,
carry on, or participate in, directly or indirectly, the business
of "tattooing." As used herein, "tattooing" is the business of inserting
pigment under the surface of the skin of a human being, by pricking
with needle or otherwise, so as to produce an indelible mark or figure
visible through the skin. This definition is not intended to apply
to any act of a licensed practitioner of the healing arts performed
in the course of his or her practice.
(Prior code § 4256; added by Ord. No. 523CCS, adopted 3/28/81)
(a)
It shall be unlawful for any person
to solicit by harassing or menacing another person on a public street
or sidewalk or in another place open to the public, whether publicly
or privately owned.
(b)
For purposes of this Article:
(1)
"Solicit" means to ask another by
word or gesture for money or for some other thing of value.
(2)
"Solicit by harassing or menacing"
means to do any of the following while soliciting:
(i)
Block or impede the passage of the
solicitee intentionally;
(ii)
Touch the solicitee
with the intent to intimidate or coerce;
(iii)
Follow the solicitee,
going behind, ahead or along side of him or her, with the intent to
intimidate or coerce;
(iv)
Threaten the solicitee,
by word or gesture, with physical harm; or
(v)
Abuse the solicitee with words which
are offensive and inherently likely to provoke an immediate violent
reaction.
(c)
Any person violating the provisions
of this Section shall be guilty of a misdemeanor and upon conviction
shall be fined an amount not to exceed five hundred dollars or be
imprisoned for a period not to exceed six months or both.
(Added by Ord. No. 1741CCS § 1, adopted 5/10/94)
(a)
It shall be unlawful for any person
to solicit another who is in any of the following locations:
(b)
For purposes of this section, "solicit"
means to ask another by word or gesture for money or for some other
thing of value.
(c)
Any person violating the provisions
of this section shall be guilty of a misdemeanor and upon conviction
shall be fined an amount not to exceed five hundred dollars or be
imprisoned for a period not to exceed six months, or both.
(Added by Ord. No. 1758CCS § 1, adopted 8/2/94)
(a)
It shall be unlawful for any female
to expose the areolas of her breasts or for any person, male or female,
to expose his or her genitalia or anus on public beaches, public streets,
public parks, or other public property within the City. The provisions
of this Section shall not apply to persons ten years of age or younger.
Moreover, this Section does not prohibit women from breastfeeding
infants on any public property.
(b)
Any person violating the provisions
of this Section shall be guilty of a misdemeanor and upon conviction
shall be fined an amount not to exceed five hundred dollars or be
imprisoned for a period not to exceed six months or both.
(Added by Ord. No. 1810CCS § 1, adopted 7/25/95)
(a)
The following terms as used in this
Section have the following meanings:
(1)
"Community event" means any activity, assembly, gathering, meeting, event, protest, counter-protest, demonstration, picket line, parade, rally, or march for which a permit is required under Santa Monica Municipal Code Section 4.68.040 and any administrative regulations promulgated thereunder.
(2)
"Community events committee" means the community events committee, as defined by Santa Monica Municipal Code Section 4.68.020.
(3)
"Public assembly" means any activity, assembly, gathering, meeting, event, protest, counter-protest, demonstration, picket line, parade, rally, or march for which a permit is not required under Santa Monica Municipal Code Section 4.68.040 and any administrative regulations promulgated thereunder.
(b)
While participating in any community
event or public assembly, no person shall use, carry, or possess any
of the following items or articles:
(1)
If affixed to and being used to support
a sign, poster, banner, placard, notice, puppet, or other expressive
display, any length of lumber, wood, wood lath, or plastic pipe, whether
hollow or solid, if that object is sharpened on either end or has
affixed to either end any sharpened item of any material;
(2)
If not affixed to and being used
to support a sign, poster, banner, placard, notice, puppet, or other
expressive display: (A) any length of lumber, wood, or wood lath,
excluding only a pencil or other wooden writing instrument; and (B)
any length of plastic pipe, whether hollow or solid, excluding only
a plastic pen or other plastic writing instrument;
(3)
Any length of metal pipe, whether
hollow or solid, excluding only a metal pen or other metal writing
instrument;
(4)
Any baseball or softball bat, regardless
of composition or size;
(5)
Any aerosol spray, including tear
gas, mace, pepper spray, smoke canister, or bear repellent;
(6)
Any projectile launcher or other
device, such as a catapult or wrist rocket, that is commonly used
for the purpose of launching, hurling, or throwing any object, liquid,
material, or other substance, whether through force of air pressure,
spring action, or any other mechanism;
(7)
Any chain greater than twenty inches
in length or greater than one-quarter inch in diameter;
(8)
Any knives, daggers, swords, sabers,
other bladed devices, axes, axe handles, hatchets, billy clubs, ice
picks, razor blades, nunchucks or other martial arts weapons of any
kind, box cutters, pellet or BB guns, improvised explosive devices
(IEDs), dynamite, conducted electrical weapons (CEWs), including,
but not limited to, tasers or stun guns, metal/composite/wooden knuckles,
or toy or replica firearms.
(9)
Any container, including, but not
limited to, balloons, bottles, water cannons, super-soakers, or toy
or replica firearms, filled with any flammable, biohazard, or other
noxious matter that is injurious, or nauseous, sickening, or irritating
to any of the senses;
(10)
Any glass bottles or metal containers,
whether empty or filled;
(11)
Any open flame torches, lanterns,
or other devices that utilize combustible materials such as gasoline,
kerosene, propane, or other fuel sources;
(12)
Any shields made of metal, wood,
hard plastic, or any combination thereof;
(13)
Any bricks, rocks, pieces of asphalt
or concrete, metal pellets, or ball bearings;
(14)
Any gas masks or similar breathing
devices;
(15)
Any impact-resistant helmet, including,
but not limited to, motorcycle or bicycle helmets (unless being worn
while riding a motorcycle, scooter, or bicycle), sports helmets, or
ballistic helmets;
(16)
Any laser pointers or laser-style
devices emitting any color beam, milliwatt output level, intensity
class level or any visibility level, including infrared, or nonvisible;
(17)
Any umbrellas in the absence of rain;
during rainy weather, an umbrella shall not exceed 16 inches in its
longest dimension when fully collapsed and shall have a blunt end;
(18)
Any professionally manufactured or
personally fabricated equipment or clothing designed to be bullet-resistant,
fragment-resistant, stab-resistant, or impact-resistant, including,
but not limited to, riot control gear, sports equipment, bullet-resistant
vests, flak jackets, or stab-resistant vests; and
(19)
Load-bearing or similar tactical
vests commonly used by law enforcement or military personnel and designed
to carry weapons, tactical equipment, or armor plates.
(c)
Any person violating subsection (b) shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars, by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(d)
When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of subsection (b). Such warning shall be sufficient if provided orally, by posted signs, or by amplified announcement.
(e)
Law enforcement personnel, firefighting personnel, emergency health care providers, and employees, agents, or representatives of the City shall be exempt from the provisions of subsection (b) when engaged in official business of or on behalf of the City.
(f)
Nothing in this Section shall prohibit
a person from carrying a cane or using a walker or other similar device
necessary for providing mobility so that the person may participate
in a community event or public assembly.
(g)
Nothing in this Section shall prohibit the imposition of specific conditions for activities expressly authorized under a permit for a community event issued pursuant to Chapter 4.68 of this Code or prohibit the modification of the restrictions in subsection (b) for such permits issued pursuant to Chapter 4.68 of this Code upon a finding by the community events committee that such modifications will not impair or threaten public safety.
(h)
This Section is not intended to violate
and shall not be applied or enforced in a manner that violates the
United States or California Constitutions and applicable State or
Federal statutes.
(Added by Ord. No. 2247CCS § 1, adopted 2/12/08; amended
by Ord. No. 2709CCS § 1, adopted 7/21/22)
(a)
For purposes of this Section, the
following definitions shall apply:
(1)
"Dwelling" has the same meaning as defined in Section 9.52.020.0720 of this Code.
(2)
"Targeted dwelling" means the dwelling
at which a targeted residential protest is directed.
(3)
"Targeted residential protest" means
a demonstration, picketing activity, or other public assembly that
is directed at a particular dwelling or occupants of that dwelling
and either: (A) proceeds on a definite course in front of or around
that particular dwelling; or (B) occurs at a particular location in
front of or around that particular dwelling.
(b)
No person shall engage in a targeted
residential protest: (1) within fifty feet of the property line of
the targeted dwelling, except that a targeted residential protest
may occur on the sidewalk on the opposite side of the street from
the targeted dwelling without regard to the fifty foot limitation;
or (2) after eight p.m. and before seven a.m. on weekdays or eight
a.m. on weekends.
(c)
Nothing in this Section shall be
interpreted as prohibiting a community event or public assembly that
is not a targeted residential protest.
(Added by Ord. No. 2247CCS § 2, adopted 2/12/08; amended
by Ord. No. 2679CCS § 6, adopted 8/24/21)
(a)
Prohibition. No person
shall operate a single-family residential property for a commercial
purpose, including, but not limited to, as an event facility. No business
license shall be issued for such an operation. For purposes of this
Section, an "event facility" is property that is utilized for gatherings
of more than one hundred fifty people at any one time.
(b)
Penalties and Remedies.
(1)
Any person violating this Section
shall be guilty of a misdemeanor, which shall be punishable by a fine
not to exceed one thousand dollars per violation, or imprisonment
in the County Jail for a period not exceeding six months, or both,
or shall be guilty of an infraction, which shall be punishable by
a fine not to exceed two hundred fifty dollars;
(2)
Any person violating this Section may be subject to administrative citation issued pursuant to Chapter 1.09 of this Code;
(3)
The City or any interested person
may seek an injunction or other relief to prevent or remedy violations
of this Section;
(4)
The remedies provided by this Section
are not intended to be exclusive, and their specification herein shall
not prevent the City or any interested person from utilizing any other
remedies afforded by law.
(Added by Ord. No. 2412CCS § 1, adopted 11/13/12)
(a)
No person shall sell, lease, or reserve
for compensation, or facilitate the selling, leasing or reserving
for compensation, any street, sidewalk, alley, parkway, public parking
space, public space or public property, without authorization from
the City.
(b)
Any person violating this Section
shall be guilty of an infraction, which shall be punishable by a fine
not exceeding two hundred fifty dollars, 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. Any person convicted
of violating any provision of this Chapter shall be ordered to reimburse
the City its full investigative costs.
(Added by Ord. No. 2472CCS § 1, adopted 10/28/14)
Any person who knowingly makes a
false, misleading, or fraudulent material statement or representation
in any matter within the jurisdiction of the City 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 such fine and
imprisonment.
(Added by Ord. No. 2619CCS § 1, adopted 10/22/19)
(a)
It shall be unlawful for any person
to possess any catalytic converter that is not attached to a vehicle
unless the possessor has valid documentation or other proof to verify
they are in lawful possession of the catalytic converter.
(b)
As used in this Section, the following
items shall have the following meanings:
(1)
"Lawful possession" includes being
the lawful owner of the catalytic converter or in possession of the
catalytic converter with the lawful owner's written consent. It is
not required to prove the catalytic converter was stolen to establish
the possession is not a "lawful possession."
(2)
"Documentation or other proof" means
written document(s) that clearly identify the vehicle from which the
catalytic converter originated and includes, but is not limited to,
the following document types: bill of sale from the original owner
with photographs, documentation from an auto-body shop proving the
owner relinquished the catalytic converter to the auto-body shop,
or vehicle registration associated with the catalytic converter containing
an etched associated license plate number or vehicle identification
number. The validity of "documentation or other proof" is based on
the totality of the circumstances.
(c)
Each violation of this Section shall
constitute a separate violation and shall be subject to all remedies
and enforcement measures authorized in the Santa Monica Municipal
Code.
(d)
Any person violating this Section
shall be guilty of a misdemeanor, which shall be punishable by a fine
not exceeding five hundred dollars per violation, or by imprisonment
for a period not exceeding six months, or by such fine and imprisonment.
The remedies provided in this subsection are not exclusive, and nothing
in this subsection shall preclude the use or application of any other
remedies, penalties, or procedures established by law.
(Added by Ord. No. 2751CCS § 1, adopted 6/14/23)
