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O1432 e e CA:RMM:emm03ljhpw city Council Meeting 1-12-88 Santa Monica, California ORDINANCE NUMBER l432(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA BANNING PEDDLING, HAWKING AND VENDING AND DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS, the City Council of the city of Santa Monica has an interest in protecting the public health and safety of its citizens; and WHEREAS, the City Council has an interest in regulating vending, peddling and hawking in order to ensure the safety and and health of its citizens; and WHEREAS, vending, peddling and hawking either on foot or by pushcarts contributes to traffic congestion and thereby impedes both pedestrian and motorist traffic; and WHEREAS, the use of congested streets and sidewalks by peddlers, vendors and hawkers may make the streets and walkways unsafe for motorists, pedestrians, as well as peddlers, vendors and hawkers; and WHEREAS, the use of parks and playgrounds for peddling, vending and hawking detracts from their recreational purpose and may jeopardize the safety of children by drawing them near the motorist traffic; and - 1 - e e WHEREAS, there has been a sustained growth in motorist and pedestrian traffic and an increasing amount of vending peddling and hawking within the CitYi and WHEREAS, the city Council believes that it should study the public health, safety, and welfare implications of allowing vending, peddling and hawking under certain restrictions in specifically designated areas of the City where it can be done in a safe and constructive manner, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 3381 is added to the Santa Monica Municipal Code to read as follows: Section 3381. Interim vending Restrictions. Notwithstanding any other provision of this Code, no business license pursuant to Section 6103 or police permit pursuant to section 6120 shall be issued to peddle, vend, or hawk any goods or food of any kind on any sidewalk, street, roadway, or in any park or playground within the city of Santa Monica and no person shall peddle, vend, or hawk any goods or food of any kind on any sidewalk, street, roadway, or in any park or playground within the City of Santa Monica. This section shall not apply to: - 2 - e e (a) Any activity pursuant to any lease or license agreement executed by the city of Santa Monica. (b) Any approved participant in any Farmer · s Market or Cultural Arts and Crafts Show (pursuant to Section 6335). (c) Any vending, peddling or hawking on the Santa Monica pier approved by the City. This section shall expire and be of no further force and effect on July 1, 1988. 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, are hereby repealed or modified to that extent necessary to affect 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 unconsti tutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the 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. This ordinance is declared to be an emergency measure adopted pursuant to the provisions of City Charter - 3 - ~. e e section 615 and is necessary for preserving public peace, health and safety. The urgency of its adoption is set forth in findings above. SECTION 5. 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 wi thin 15 days after its adoption. Pursuant to Ci ty Charter section 619(d), this ordinance shall take effect and be in full force immediately after the passage and adoption thereof. APPROVED AS TO FORM: ~~~ ROBERT M. MYERS U City Attorney - 4 - e e I hereby certify that th of January, 1988. --... Mayor Ordinance No. 1432 (CCS) was duly and regularly introduced at a meeting of the City Council on the 12th day of January 1988; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 12th day of January 1988 by the following Council vote: Ayes: Counci1members: Jennings, A. Katz, H. Katz, Reed, Mayor Conn Noes: Councilmembers: Finkel, Zane Abstain: Councilmembers: None Absent: Councilmembers: None ~~ - - ~ "'- ~- ATTEST : ~ '--' --- ~'7h~ - - t ~ ~- ci ty ~'Cl'e.-D;: _ _ _ _ ~ ~