Article 12 shall be known as the City of Santa Monica Sustainability
Code.
(Added by Ord. No. 2611CCS §
10, adopted by 6/25/19)
The City of Santa Monica Sustainability Code is created and
exists for the purpose of codifying Santa Monica’s commitment
to achieving sustainability by among other things: (a) restoring,
protecting and preserving our natural environment and all of its components
and communities including, but not limited to, the air, water, soil,
and climate upon which all living things depend; (b) creating and
promoting sustainable systems of food production and distribution,
energy production and distribution, transportation, waste disposal,
and water supply; and (c) to the full extent legally possible, subordinating
the short-term, private, financial interests of corporations and others
to the common, long-term interest of achieving environmental and economic
sustainability.
The City acknowledges that the following Chapters and Sections
of the Santa Monica Municipal Code play a significant role in the
City’s ongoing sustainability efforts:
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Chapter 2.28 (Tropical Woods)
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Section 4.08.270 (Leaf Blowers)
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Chapter 4.44 (Smoking/Tobacco)
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Chapter 5.44 (Non-recyclable Plastic Food Containers)
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Chapter 5.45 (Single-Use Carry Out Bags)
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Chapter 7.10 (Urban Runoff Pollution)
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Chapter 7.16 (Water Conservation)
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Chapter 7.18 (Sustainable Groundwater Maintenance)
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Chapter 7.48 (Litter)
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Chapter 7.56 (Stormwater Utility)
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Chapter 7.64 (Clean Beaches Parcel Tax)
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Section 10.08.340 (Prohibiting Waste Matter on Beach/In Ocean)
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(Added by Ord. No. 2421 CCS §
1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)
This Chapter shall be known as the City of Santa Monica Sustainability
Rights Ordinance.
(Added by Ord. No. 2421 CCS §
1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)
The City Council finds and declares:
(a)
With the exponential growth in human population and its increasing
per capita resource consumption, the planet cannot sustain our current
way of life, which is destructive to the natural elements upon which
all species depend: the air, water, climate, soil and other fundamental
elements of the world;
(b)
Like all other communities, Santa Monica’s welfare is inextricably
bound to the welfare of the natural environment; and the City has
therefore long been committed to protecting, preserving and restoring
the natural environment and providing a model of environmental sustainability
for other communities to utilize;
(c)
The City Council of Santa Monica has expressed this commitment through
a multitude of enactments and actions, including recognizing both
the rights of natural communities and ecosystems within Santa Monica
to exist, thrive and evolve and the rights of the individual human
beings that make up the City of Santa Monica to a clean, healthy and
sustainable environment. The peoples’ rights include, but are
not limited to: the right to affordable and accessible water from
sustainable water sources for human consumption, cooking, and sanitary
purposes, as referenced in Calif. AB 685 (2012); the right to a sustainable
energy future based on sustainable renewable energy sources; the right
to a sustainable natural climate unaltered by fossil fuel emissions;
the right to sustainable, comprehensive waste disposal systems that
do not degrade the environment; the right to clean indoor and outdoor
air, clean water and clean soil that pose a negligible health risk
to the public; and the right to a sustainable food system that provides
healthy, locally grown food to the community;
(d)
These rights are not sufficiently safeguarded by the existing body
of local, national and international environmental policies and laws,
which are grossly inadequate to avert the mounting environmental crisis;
and
(e)
The inadequacy of the current framework of state, national and international
policies and laws necessitates re-examination of the underlying societal
and legal assumptions about our relationships with the environment
and a renewed focus on effectuating these rights.
(Added by Ord. No. 2421 CCS §
1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)
(a)
All residents of Santa Monica possess fundamental and inalienable
rights to: clean water from sustainable sources; marine waters safe
for active and passive recreation; clean indoor and outdoor air; a
sustainable food system that provides healthy, locally grown food;
a sustainable climate that supports thriving human life and a flourishing
biodiverse environment; comprehensive waste disposal systems that
do not degrade the environment; and a sustainable energy future based
on renewable energy sources.
(b)
Natural communities and ecosystems possess fundamental and inalienable
rights to exist and flourish in the City of Santa Monica. To effectuate
those rights on behalf of the environment, residents of the City may
bring actions to protect these natural communities and ecosystems,
defined as: groundwater aquifers, atmospheric systems, marine waters,
and native species within the boundaries of the City.
(c)
All residents of Santa Monica possess the right to self-governance
and to a municipal government which recognizes that all power is inherent
in the people, that all free governments are founded on the people’s
authority and consent, and that corporate entities, and their directors
and managers, do not enjoy special privileges or powers under the
law that subordinate the community’s rights to their private
interests.
(Added by Ord. No. 2421 CCS §
1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)
At least once during every twenty-four-month period, City staff
shall prepare a written report to the community on the state of the
local environment, the realization of the rights recognized in this
Chapter, and the City’s progress in effectuating and enforcing
the Sustainable City Plan and the policies and provisions of this
Chapter. The report shall include recommendations for advancing and
ensuring compliance with the Sustainable City Plan.
(Added by Ord. No. 2421 CCS §
1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)
The City Council will bi-annually review the Sustainability
Rights Biennial Report, conduct a public hearing, assess the City’s
progress in effectuating and enforcing both the Sustainable City Plan
and the policies and provisions of this Chapter, and provide direction
to staff to ensure compliance with the Plan’s provisions and
with the inherent rights of the people and natural communities of
the City of Santa Monica described herein.
(Added by Ord. No. 2421 CCS §
1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)
The City or any City resident may bring an action to enforce
any provision of the Santa Monica Municipal Code that advances the
goals identified as enforceable in the Sustainable City Plan.
(Added by Ord. No. 2421 CCS §
1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)
