> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # Summer wonderland City’s policy change on homelessness pending - URL: https://www.smdp.com/summer-wonderland-citys-policy-change-on-homelessness-pending/ - Published: 2002-07-29T15:00:00.000Z - Updated: 2026-10-23T00:34:26.000Z - Author: Carolyn Sackariason - Tags: Community, Downtown, #archive-import, Homeless, Homelessness *Could be fall before issue is discussed* It could be fall before the city changes its policy on how it handles vagrants and panhandling in Santa Monica. A recommendation to the city council was made last month by the Bayside District Corp. to craft an ordinance that would limit the number of people who can be fed in a public place by a group, as well as limit the number of the feedings. The city issues permits for events in public spaces, which applies to dozens of outside church groups who feed the homeless in downtown parks and in front of City Hall. Board members of the Bayside District, which manages the Third Street Promenade, believe the “public feedings” are causing an influx of transients and vagrants to the downtown area. But it appears that any policy change won’t be discussed until September when the city holds its annual hearing on its homeless services. It is expected that city staffers will provide for politicians several options that would reduce homelessness and panhandling in Santa Monica. “My impression is when they give us direction, then I think it’s something that could move relatively fast,” said City Attorney Marsha Moutrie. “One way or another the whole range of concerns and options will be in front of them.” Clearly, city officials have heard loud and clear from residents and businesses that a policy change must happen. “It’s obvious in attending (Bayside District board meetings) that a significant amount of people won’t tolerate it any-more,” Moutrie said. “And I think it’s time that a policy change will occur.” increased complaints by business owners for the past several months, if not years, that the behavior of some transients and homeless people are ruining the charm and economy of Santa Monica. In a recent city survey, residents said the high number of homeless people was their No. 1 concern. > “It’s obvious in attending (Bayside District board meetings) that a significant amount of people won’t tolerate it anymore.” — — MARSHA MOUTRIE City attorney Dozens of vagrants sleep in doorways in front of businesses on the Third Street Promenade, as well as urinate and defecate in public. Transients spend their days panhandling — sometimes aggressively — which scares many tourists and residents away from the outdoor shopping mall. Many business managers witness on a daily basis people panhandling as a way to financially support themselves. And it can be lucrative too — some panhandlers can make up to $100 a day asking unsuspecting tourists for change. While some transients are down on their luck, there are others who are able to work but choose not to. Woody Browder, senior manager for Standard Parking, which manages downtown parking structures, said he sees people park their cars in the morning, change from clean clothes to worn, dirty ones and hit the Promenade for a day of panhandling. Some even use wheelchairs as a pity ploy even though they are able to walk. He has seen one person who usually hangs out on Arizona Avenue and Third Street use a wheelchair even though he’s not handicapped. “I was walking around my garage and I saw this guy who was actually changing his good shoes for a bad pair of shoes,” Browder said. He added that the SMPD’s officers assigned to the Promenade are doing an effective job arresting aggressive panhandlers, but the high number of them makes it nearly impossible to catch them all. “We do our darndest to keep these people moving, but I wish there was some way we could keep all of them moving,” Browder said. There is, said SMPD Lt. Frank Fabrega. If business managers, who usually see aggressive panhandling more than anyone along the Promenade, made a citizen’s arrest, it would deter the activity substantially, Fabrega said. Of course, that means the citizen has to be willing to invest time in prosecuting the accused. If a person is approached by a panhandler who asks for money, he or she can call police and tell them they want to press charges. An officer will be dispatched to the location and based on testimony from the victim, the officer will arrest the panhandler. The victim has to then testify in court to seek full prosecution of the panhandler. If persons did this collectively, it could make a serious impact on panhandling activities, Fabrega said. “If a merchant sees a panhandler to be aggressive and his behavior is constantly verbal in asking for money and he is following the person, they can call police and we can get there and watch them,” Fabrega said. “That’s the proactive participation from the merchants we are looking for.” While a person has to actually be panhandled to be a victim, and not just witness it, watching someone urinate or defecate in public can have multiple victims, Fabrega said. The crime is indecent exposure and officers will arrest a person if a victim reports it. “We can’t refuse to make a citizen’s arrest,” Fabrega said. “Tell the officer you want to make an arrest, that you want to prosecute and they will be taken to jail.” If a person is arrested enough times for the same crime, he or she will be fined extensively or a “stay away order” can be issued from a superior court judge. That order would ban the individual from a certain area. Some citizens have wondered if they open themselves up to liability when they make a citizen’s arrest. Can they be sued by the accused? Sure, especially in one of the most litigious societies in the country, said City Attorney Moutrie. But the likelihood of the accused winning a civil lawsuit is slim, particularly if he or she was found guilty in the criminal prosecution where the burden of proof is much higher than in civil cases, said Betty Haviland, a chief deputy city attorney in the criminal division. “The person needs to be aware of the law before they (make a citizen’s arrest),” she said. “It takes time and it is involved.” ![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/072902-02_01.jpg) to the Daily Press Children slide down a man-made snow hill at Clover Park Saturday, where the annual Santa Monica Police and Fire Departments’ picnic was held. (Photo: Franklin Smith/Special) *Originally published in the Santa Monica Daily Press print edition on July 29, 2002.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/072902.pdf?ref=smdp.com)