O1597
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CA:RMM:jld625b/hpc/pc
City Council Meeting 8-22-91
Santa Monica, California
ORDINANCE NUMBER 1597 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 6291 TO
CHAPTER 2A OF ARTICLE VI OF THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH STREET
PERFORMANCE REGULATIONS FOR THE THIRD
STREET PROMENADE AND SURROUNDING AREAS AND
DECLARING AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. section 6291 is added to Chapter 2A of Article
VI of the Santa Monica Municipal Code to read as follows:
SECTION 6291. Special Performance
Regulations for Third street Promenade.
(a) Definitions. For purposes of
this section, the following words or
phrases
shall
have
the
following
meanings:
(1) Third Street Promenade
Street Performer District.
The area
bounded by the centerlines of Wilshire
Boulevard on the north, Second street on
the west, Broadway on the south, and
Fourth street on the east.
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All other words or phrases shall
have the definition provided for in
section 6282 of this Code.
(b) Performance Standards. No
performer shall perform in the Third
Street Promenade street Performer
District outside of an enclosed building
in violation of the following
requirements:
(1) No performer shall
perform except during the following time
periOdS:
(i) 11:00 a.m. to 2:00
p.m.
(ii) 2:00 p.m. to 5:00
p.m. on Saturday and Sunday.
(iii) 5:00 p.m. to
10:30 p.m. on Sunday through Thursday.
(i v) 5: 00 p. m. to
12:00 a.m. on Friday and saturday.
(2) No performer
perform during any special
permitted by the City.
(3) No performer
perform in any area designated
city Manager as an area
performances may be prohibited.
shall
event
shall
by the
where
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(4) No performer shall
construct, erect, or bring with him or
her any stage, platform, or other
structure for use during any performance.
(5) No performer shall use
any amplified sound equipment, including
any radio, tape player or similar
electronic device that utilizes a
speaker.
(6) No performer shall use
any knife, sword, torch, flame, axe, saw,
or other object that can cause serious
bodily injury to any person.
(7) Performers shall comply
with the provisions of all noise
regulations of the City and in addition
shall not perform so loud as to be heard
inside the premises of an adj acent
building or structure while the entrance
door to the premises is closed.
(8) Performers shall keep
his or her performance site litter free.
(9) No performer shall block
the entrance to any establishment open
business unless the performer has the
consent of the owner or operator of the
establishment.
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(c) Exemptions. This Chapter
shall not apply to:
(1) Activities approved
pursuant to sections 3611, 3611(c), 6284
to 6287, and 6335 of the santa Monica
Municipal Code.
(2) Any approved participant
in any Farmer's Market and any approved
participant in any special event
authorized by the city.
SECTION 2. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 615 of the
Santa Monica City Charter. There is a current and immediate
threat to the public health, safety, and welfare. It is
necessary for preserving the public peace, health, safety, and
welfare and the urgency for its adoption in that the Third street
Promenade and surrounding areas have become increasingly
congested with pedestrians who are attracted in large numbers to
performances by street performers.
SECTION 3. 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 4. If any sectionl subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
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or unconstitutional by a decision of any court of any 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 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. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
City Attorney
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Adopted and approved this 22nd day of August, 1991.
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I hereby certify that the foregoing Ordinance No. 1597(CCS)
was duly and regularly introduced at a meeting of the City
council on the 22nd day of August 1991j that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 22nd day of August 1991 by the following council vote:
Ayes:
Councilmembers:
Genser, Holbrook, Vazquez, Zane,
Mayor Abdo
Noes: Councilmembers:
Olsen
Abstain: Councilroembers:
None
Absent: Councilmembers:
Katz
ATTEST: -
Of1/~bl;)
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