1 City Council Meeting: February 11, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING SANTA MONICA MUNICIPAL CODE SECTION 3.36.300 TO ESTABLISH
A DEPARTMENT OF TRANSPORTATION PROHIBITION ORDER PROGRAM AS AUTHORIZED BY PUBLIC UTILITIES CODE SECTIONS 99171 AND 99172 WHEREAS, under California Public Utilities Code Sections 99171 and 99171 (“PUC”), certain transit districts are permitted to issue prohibition orders against any person cited for committing one or more specific prohibited acts in the transit system; and WHEREAS, the PUC prohibits a person subject to the prohibition order from entering the property, facilities, or vehicles of the transit district for specified periods of time; and establishes notice requirements in that regard and provides for initial and administrative review of the order; and
WHEREAS, like many other public transit systems in the state and across the country, Santa Monica Department of Transportation (“DOT”) receives concerns from Motor Coach Operators and riders regarding individuals who repeatedly cause disturbances and/or commit criminal offenses (including misdemeanors or felonies) but are allowed to continue riding motor coaches without significant consequence; and WHEREAS, prior to 2024, DOT was not listed in the PUC as a transit district permitted to issue prohibition orders; and
WHEREAS, in 2024, the Governor signed SB 1417, which amended the PUC to include DOT as one of the transit districts authorized to issue prohibition orders; and WHEREAS, the City now desires to amend its municipal code to establish a DOT prohibition order program subject to the criteria set forth in the PUC. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.36.200 of the Santa Monica Municipal Code is hereby created as follows:
§ 3.36.300 Department of Transportation Prohibition Orders. (a) DOT Authority to Issue Prohibition Orders.
The Department of Transportation, its capacity as a transit district, is authorized to issue prohibition orders under the provisions listed in Public Utilities Code Sections 99171 and 99172.
(b) Advisory Committee.
There is hereby established an advisory committee, described in Public Utilities Code Section 99172, for the purpose of evaluating the procedures for, and issuance of, prohibition orders and recommending a course of training for personnel charged with issuing and enforcing prohibition orders. The advisory committee shall advise the Director of the Department of Transportation.
(c) Administrative Regulations
The Director of the Department of Transportation shall have the authority to adopt administrative regulations, consistent with the legislative purpose, to implement the provisions of this Section.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to 3 effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after adoption.
APPROVED AS TO FORM:
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Douglas Sloan, City Attorney