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, or occupy a camp facility for
the purpose of living accommodations.
(2)
"Camp facility" means the use of, settling, fixing in place,
setting up, locating, or leaving behind in a prohibited public place
any or a combination of the following: tents, huts, other temporary
physical shelters, cots, beds, sleeping bags, hammocks, or bedrolls.
(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.
(Added by Ord. No. 1768CCS § 4, adopted 9/13/94; amended
by Ord. No. 2728CCS § 1, adopted 11/15/22; Ord.
No. 2789CCS, 9/24/2024)
(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)
Definitions. For purposes of this section, the
following words or phrases shall have the following meanings:
"Curfew hours"
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.
"Emergency"
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.
"Establishment"
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.
"Guardian"
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.
"Minor"
means any person under eighteen years of age.
"Parent"
means a person who is a natural parent, adoptive parent or
step-parent of another person.
"Public place"
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.
"Responsible adult"
means the person at least eighteen years of age, authorized
by a parent or guardian to have the care and custody of a minor.
"Serious bodily injury"
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.
(f)
Any minor violating the provisions of Section
4.08.370 shall be guilty of a misdemeanor, and shall be dealt with in accordance with juvenile court law and procedure.
(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:
(1)
In a public transportation vehicle;
(2)
In the outdoor dining area of a restaurant or similar establishment
which serves food for immediate consumption;
(3)
Within eighty feet of an automated teller machine;
(4)
In a vehicle traveling on a public street;
(5)
In a public parking structure.
(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.
(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)
Any interested person may seek an injunction or other relief to prevent or remedy violations of subsection
(b).
(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)