O1450
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CA:RMM:rmd721/hpca
City Council Meeting 6-28-88
Santa Monica, California
ORDINANCE NUMBER 1450 (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 peddl ing ,
vending and hawking detracts from their recreational purpose and
may jeopardize the safety of children by drawing them near the
motorist traffic; and
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WHEREAS, there has been a sustained growth in motorist and
pedestrian traffic and an increasing amount of vending peddling
and hawking within the City; and
WHEREAS, on January 12, 1988, the city Council adopted
Ordinance Number 1432 (CCS) adding Section 3381 to the Santa
Monica Municipal Code to prohibit vending until July 1, 1988; and
WHEREAS, the purpose of Ordinance Number 1432 (CCS) was to
provide the City council an opportunity to 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
WHEREAS, on May 10, 1988, the city council considered a
report from the City Attorney on the subject of vending; and
WHEREAS, the City Council determined that it needed
additional time to study the matter,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3381 of the Santa Monica Municipal Code
is amended 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
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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:
(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.
(d) Any vending permitted pursuant
to Municipal Code section 3611C.
(e) Any ice cream vendor in any
residential district, any catering truck
operating at any construction site, or any
catering truck operating on private property
or any job site.
This section shall expire and be of no
further force and effect on December 31,
1986.
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
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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 unconstitutional 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
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
within 15 days after its adoption.
Pursuant to City 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:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 28th day of June, 1988.
I hereby certify that
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e foregoing Ordinance No. 1450(CCS)
was duly and regularly introduced at a meeting of the ci ty
Council on the 28th day of June 1988; that the said Ordinance was
thereafter duly adopted at a meeting of the City council on the
28th day of June 1988 by the following council vote:
Ayes: Councilmembers:
Jennings, A. Katz, H. Katz, Reed,
Mayor Conn
Noes: Counci1members:
Finkel, Zane
Abstain: Counci1members:
None
Absent: Councilmembers:
None
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ATTEST:
~ft-~i.~j-'
A~ City "Clerk