HomeMy WebLinkAbout3/5/2014 - STAFF REPORTS - 2.F. ppLMSA
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CqI Ra�P City Council Staff Report
DATE: March 5, 2014 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1847
AMENDING THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO
SITTING OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1847.
RECOMMENDATION:
Waive the reading of the full text of the ordinance and adopt Ordinance No. 1847,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 12.12.050 OF, AND ADDING SECTION 12.12.055 TO, THE PALM
SPRINGS MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON SIDEWALKS
IN DOWNTOWN PALM SPRINGS."
STAFF ANALYSIS:
On February 19, 2014, Ordinance No. 1847 was introduced for first reading, as noted
below:
3.A. PROPOSED ORDINANCE AMENDING THE PALM SPRINGS
MUNICIPAL CODE PERTAINING TO SITTING OR LYING ON
SIDEWALKS IN DOWNTOWN PALM SPRINGS:
ACTION: Waive the reading of the ordinance text in its entirety and read
by title only and introduce on first reading Ordinance No. 1847, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 12.12.050 OF, AND ADDING SECTION 12.12.055
TO, THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SITTING
OR LYING ON SIDEWALKS IN DOWNTOWN PALM SPRINGS." Motion
Councilmember Foat, seconded by Councilmember Mills and
unanimously carried on a roll call vote.
Item No. 2 . F .
ADOPTION OF ORDINANCE NO, 1847
March 5, 2014
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
es Thompson David H. Ready, Es
City Clerk City Manager
/kd h
Attachment: Ordinance No. 1847
2
ORDINANCE NO. 1847
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING SECTION 12.12.050 OF, AND
ADDING SECTION 12.12.055 TO, THE PALM SPRINGS
MUNICIPAL CODE PERTAINING TO SITTING OR LYING
ON SIDEWALKS IN DOWNTOWN PALM SPRINGS.
City Attorney Summary
The current Palm Springs Municipal Code has a general
prohibition against loitering. This Ordinance amends these
provisions and includes a prohibition against specific
conduct that can obstruct or interfere with pedestrian access,
including sitting or lying down on a public sidewalk.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA FINDS:
A. The types of businesses concentrated in downtown Palm Springs on Palm
Canyon Drive and Indian Canyon Drive, and the side streets between Palm Canyon
Drive and Indian Canyon Drive, from Ramon Road to Vista Chino, including numerous
restaurants, clothing stores, and specialty shops, tend to draw significant pedestrian
traffic.
B. The sidewalks in downtown Palm Springs become unusually congested,
particularly between the hours of 7:00 a.m. and 11:00 p.m.
C. Individuals sitting or lying down on the public sidewalks in this unusually
busy area create a potential tripping hazard for pedestrians and distract pedestrians
from their need to be alert for other tripping or slipping hazards on the sidewalk, to avoid
other pedestrians and sidewalk utility poles, fire hydrants, street furniture, street trees
and tree planter wells, news racks, and other such obstacles and to be prepared to
move along the sidewalk and across the street at intersections without interruption.
D. Individuals sitting or lying down on the public sidewalks of this unusually
busy area results in the delay and obstruction of the public's free flow of travel, and
results in congestion and blockage of the sidewalks when pedestrians are required to
constrict and redirect their passage, often into the street, in order to avoid persons
sitting or lying down on the sidewalk.
E. Distracted pedestrians are more prone to be involved in accidents, which
prevent the orderly flow of pedestrian traffic and create an unsafe situation not only for
the person sitting or lying down on the sidewalk, but also for pedestrian traffic sharing
the same limited sidewalk space; and
F. The cumulative impact of this type of activity on the public sidewalks in
downtown Palm Springs on a daily basis has created a potential safety hazard and
poses a significant and substantial risk to the interest of the public in the free flow of
travel in the City.
3
Ordinance No. 1847
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 12.12.050 of the Palm Springs Municipal Code is amended
to read:
12.12.050 Loitering —Obstructing traffic.
It is unlawful for any person to stand upon any street, sidewalk or other public
way open for pedestrian travel, or otherwise occupy any portion thereof in such a
manner as to annoy or molest any pedestrian thereon, or so as to obstruct or
unreasonably interfere with the free passage of pedestrians, motor vehicles, or other
modes of travel.
SECTION 2. Section 12.12.055 is added to the Palm Springs Municipal Code to
read:
12.12.055 Sitting or Lying on Public Sidewalks Downtown — Prohibited.
(a) No person shall sit or lie down upon the public sidewalk, or upon a
blanket, chair, stool, or any other object placed upon the public sidewalk, on Palm
Canyon Drive or Indian Canyon Drive or the side streets between, from Ramon Road to
Vista Chino during the hours from 7:00 a.m. to 11:00 p.m.
(b) The prohibition set forth in section (a) above shall not apply to:
(1) Any person sitting or lying down on the sidewalk due to a medical
emergency;
(2) Any person who, as the result of a disability, utilizes a wheelchair or
similar device to move about the public sidewalk;
(3) Any child accompanied by an adult who is seated in and using a
stroller or similar device to move about the public sidewalk;
(4) Any person sitting or lying down upon a chair, bench or planter box
wall located on the public sidewalk which is placed there by a public
agency;
(5) Any person sitting or lying down upon a chair or bench located
upon the public sidewalk which was placed there by an abutting private
property owner or tenant pursuant to a commercial sidewalk
encroachment permit, temporary lease, or temporary street closure permit;
(6) Any person sitting or lying down while conducting, attending or
participating in an activity or event which is authorized by a lawfully issued
temporary street closure permit or other permit issued by the city which
permits use of the public sidewalk; 4
Ordinance No. 1847
Page 3
(7) Any person sifting on a public sidewalk within a bus zone while
waiting for public or private transportation.
(c) No person shall be cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a law enforcement
officer that he or she is in violation of the prohibition of this section."
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF MARCH, 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK .
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1847 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 19T" day of February, 2014, and
adopted at a regular meeting of the City Council held on the 5th day of March, 2014, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
5
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262 _
760-778-4578 1 Fax 760-778-4731 -
State Of California as:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000416422
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
No 0T17t1
3/21/2014 ORDINANCE NO.1047
AN ORDINANCEEO�OF THE CITY OF P M
SPRINGS, CALIFORNIA,AMENDING S 1 N
12.12.050 OF qNp ADOINO.
12.12.055 TO,TY1E PALM SPRINGS d AL
CODE PERTAINING NO OR LYING ON
SIDEWALIr�1N PALM'SPRING .
City Attorney Summary
The current Palm Springs Municipal Code has a
general prohibition against,Ipitenng, This Ordi-
I acknowledge that I am a principal clerk of the printer of hence amends these provisions and Includes a
The Desert Sun, printed and published week) in the City prohibition against rific conduct that can ob-
P� P Y Y stmct or Wanifere witlt pedestrian=sea.includ-
of Palm Springs, County of Riverside, Slate of California. ing siting or lying down ono public sidewalk.
The Desert Sun was adjudicated a newspaper of general CERTfFtAT10N
circulation on March 24, 1988by the Superior Court of the STATE OF CALIFORNIA )
County of Riverside, State of California Case No. COUNTY OF RIVERSIDE
191236. CITY.OF PALM SPRINGS 1
I JAMES THOMPSON,CI8ryy Clerk of the City of
halm 3pdnpe he that Ordinance No.
1847 is a fug,true and ocnecl and was Intro-
I declare under penalty of perjury that the foregoing is true duced at a regular meadng of a Palm Spdnnppss
City Council on the 19TH day of Febwa l 2014,
and correct. Executed on this 21st day of March, 2014 in Council CAY
4d oad n tthe en ddayrof meeting of
2014,by die
Palm Springs,California. idlowing vote:
AYES: Councilmerriber Fort Councilmember
., Lewin, CdunaNmember LWIS. Mayor Pro.Tam
Hutcheson,and Mayan PougneL
—.._._. NOES: None.
ABSENT: Norse.
ABSTAIN: None.
JAMES THOMPSON CITY CLERK'
CRY of Palm Springs,Calfforris
(eclarant's Sigl ure Published:3121114 _
� 1
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262
760-7784578/Fax 760-778-4731
o.State Of California ss: i
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000416422
1 am over the age of 18years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
3/21/2014
No 0470
ORDINANCE NO.1847
AN ORbINAN . OF THE CITY OF E QPALM
SPRINGS,CAL A.AMENDING SEGr�12.12.050 OF; AND ADDING. ION
12.12.055 TO THE PALM SPAIN0.4 MUNICIPAL
I acknowledge that I am a principal Berk of the printer of CODE PERTAINING T SITTING LYING.SON
SIDEWALKS IN OWN P SPRING
The Desert Sun, printed and published weekly in the City City Attorney Summary
of Palm Springs, County of Riverside, State of California. The current Palm Springs Municipal Code has a
The Desert Sun was adjudicated a newspaper of general general prohibition against kxtedng. This Ordl-
nance amends these provisions and includes a
circulation on March 24, 1988 by the Superior Court of the prohibition ga Instepac IRc conduct that can ob-
.Coun of Riverside, Slate of California Case No. struct a imeifere wh on pedestrian access,Indlutl-
tY trig willing oIs h down on a public a access,
I
191236.
CERTIFICATION
STATE OF CALIFORNIA. 11
I declare under penalty of perjury that the foregoing is true COUNTY
c of PALM )
and correct. Executed on this 21st day of March, 2014 in I JAMES THOMPSON,City Clerk of the CiN M
Palm Spdngs hereby cergy,that Ordinance Nit.
Palm Springs,Cal' a. 18471saful;irusand correpct and waeinagoe-
CluIryry Coulncll onuthe 19TH ay of Palm 29C14,
and atlopte4 al a regular meeting of Sra
__...-_.... . Counci held an the 5th day of March,2014,by the
following vote:
SCoundimamber Foat,Councilmernber
Goundin ember Mills, Maya P10 Tam
Hutcheson,and Mayor Pougret.
NOES: None.
De ar l is Signature ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON,CITY CLERK
City of Palm Springs,California
Published:3MA4
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: March 5, 2014
Subject: Ordinance No. 1847
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
March 21, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
�L�-c-
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on March 20, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
ILIA-Co�
Kathie Hart, CMC
Chief Deputy City Clerk
ORDINANCE NO. 1847
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.12.050 OF, AND
ADDING SECTION 12.12.055 TO, THE PALM SPRINGS
MUNICIPAL CODE PERTAINING TO SITTING OR LYING
ON SIDEWALKS IN DOWNTOWN PALM SPRINGS.
City Attorney Summary
The current Palm Springs Municipal Code has a general
prohibition against loitering. This Ordinance amends these
provisions and includes a prohibition against specific
conduct that can obstruct or interfere with pedestrian access,
including sitting or lying down on a public sidewalk.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1847 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 19T" day of February, 2014, and
adopted at a regular meeting of the City Council held on the 5`h day of March, 2014, by
the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1847
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 12.12.050 OF, AND
ADDING SECTION 12.12.055 TO, THE PALM SPRINGS
MUNICIPAL CODE PERTAINING TO SITTING OR LYING
ON SIDEWALKS IN DOWNTOWN PALM SPRINGS.
City Attomey Summary
The current Palm Springs Municipal Code has a general
prohibition against loitering. This Ordinance amends these
provisions and includes a prohibition against specific
conduct that can obstruct or interfere with pedestrian access,
including sitting or lying down on a public sidewalk.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The types of businesses concentrated in downtown Palm Springs on Palm
Canyon Drive and Indian Canyon Drive, and the side streets between Palm Canyon
Drive and Indian Canyon Drive, from Ramon Road to Vista Chino, including numerous
restaurants, clothing stores, and specialty shops, tend to draw significant pedestrian
traffic.
B. The sidewalks in downtown Palm Springs become unusually congested,
particularly between the hours of 7:00 a.m. and 11:00 p.m.
C. Individuals sitting or lying down on the public sidewalks in this unusually
busy area create a potential tripping hazard for pedestrians and distract pedestrians
from their need to be alert for other tripping or slipping hazards on the sidewalk, to avoid
other pedestrians and sidewalk utility poles, fire hydrants, street furniture, street trees
and tree planter wells, news racks, and other such obstacles and to be prepared to
move along the sidewalk and across the street at intersections without interruption.
D. Individuals sitting or lying down on the public sidewalks of this unusually
busy area results in the delay and obstruction of the public's free flow of travel, and
results in congestion and blockage of the sidewalks when pedestrians are required to
constrict and redirect their passage, often into the street, in order to avoid persons
sitting or lying down on the sidewalk.
E. Distracted pedestrians are more prone to be involved in accidents, which
prevent the orderly flow of pedestrian traffic and create an unsafe situation not only for
the person sitting or lying down on the sidewalk, but also for pedestrian traffic sharing
the same limited sidewalk space; and
F. The cumulative impact of this type of activity on the public sidewalks in
downtown Palm Springs on a daily basis has created a potential safety hazard and
Ordinance No. 1847
Page 2
poses a significant and substantial risk to the interest of the public in the free flow of
travel in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 12.12.050 of the Palm Springs Municipal Code is amended
to read:
12.12.050 Loitering —Obstructing traffic.
It is unlawful for any person to stand upon any street, sidewalk or other public
way open for pedestrian travel, or otherwise occupy any portion thereof in such a
manner as to annoy or molest any pedestrian thereon, or so as to obstruct or
unreasonably interfere with the free passage of pedestrians, motor vehicles, or other
modes of travel.
SECTION 2. Section 12.12.055 is added to the Palm Springs Municipal Code to
read:
12.12.055 Sitting or Lying on Public Sidewalks Downtown — Prohibited.
(a) No person shall sit or lie down upon the public sidewalk, or upon a
blanket, chair, stool, or any other object placed upon the public sidewalk, on Palm
Canyon Drive or Indian Canyon Drive or the side streets between, from Ramon Road to
Vista Chino during the hours from 7:00 a.m. to 11:00 p.m.
(b) The prohibition set forth in section (a) above shall not apply to:
(1) Any person sitting or lying down on the sidewalk due to a medical
emergency;
(2) Any person who, as the result of a disability, utilizes a wheelchair or
similar device to move about the public sidewalk;
(3) Any child accompanied by an adult who is seated in and using a
stroller or similar device to move about the public sidewalk;
(4) Any person sitting or lying down upon a chair, bench or planter box
wall located on the public sidewalk which is placed there by a public
agency;
(5) Any person sitting or lying down upon a chair or bench located
upon the public sidewalk which was placed there by an abutting private
property owner or tenant pursuant to a commercial sidewalk
encroachment permit, temporary lease, or temporary street closure permit;
Ordinance No. 1847
Page 3
(6) Any person sitting or lying down while conducting, attending or
participating in an activity or event which is authorized by a lawfully issued
temporary street closure permit or other permit issued by the city which
permits use of the public sidewalk;
(7) Any person sitting on a public sidewalk within a bus zone while
waiting for public or private transportation.
(c) No person shall be cited under this section unless the person engages in
conduct prohibited by this section after having been notified by a law enforcement
officer that he or she is in violation of the prohibition of this section."
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF MARCH, 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Ordinance No. 1847 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 19T" day of February, 2014, and
adopted at a regular meeting of the City Council held on the 5ch day of March, 2014, by
the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California