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Cny CouncIl Meetmg 10-12-99
Santa MOllIca, CalIforma
ORDINANCE I\L;MBER1959 (CeS)
(CIty CouncIl Senes)
AN ORDIKANCE OF THE CITY COL1\CIL OF THE CITY OF SANTA MOKICA
AMENDING SECTIOKS 6 112 020.6.112 030, 6 112050.6.112060,6 112070
6 116.050, 6 116.060, AND 6.116 070 OF THE SA?\rT A :MONICA MUNICIPAL
CODE RELATING TO STREET PERFO~\1ERS A~D VENDORS
\VHEREAS, on July 20, 1999, the CIty CouncIl adopted Ordmance Number 1949
(CCS) (the "Ordmance") whIch amended MUnIcIpal Code prOVISIons govermng street
performance, street vendmg, and the dIsplay and placement of objects on SIdewalks; and
\VHEREAS, the Ordmance reqUIres mmor reVISIons to cIanfy the law, effectuate the
CouncIl's mtent and strengthen the remedIes for VIOlatIons, and
\VHEREAS, among other reVISIOns, the proposed ordmance c1anfies the meanmg of
the present rotatIon reqUIrement, the defimtlon of tangIble art object and the prohibItIon on
the use of wet cell battenes, and
'\-'HEREAS, the proposed ordmance also amends eXIstmg law by estabhshmg that
performmg WIthout a permIt IS a mIsdemeanor, and
'WHEREAS, these amendments do not alter the substance of the Ordmance,
1
NO\V THEREFORE, THE CITY COIJNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLO\VS
SECTION 1 Santa MOllIca ~ullIclpal Code SectIon 6 112.020 IS amended to read
as follows
6.112.020 Definitions.
For purposes of thIS Chapter, the followmg words or phrases shall have
the followmg meamngs:
(a) Charge. To requIre someone to pay a fee or to set, negotIate or
establIsh a fee for a performance. Seekmg voluntary contnbutIons through
passmg around a hat, leavmg open an mstrument case or other receptacle, or
SOlICItIng donatIons after a performance IS not a charge
(b) Performer. An mdlvldual or group who performs 1U a public area,
for the purpose of proVIding publIc entertamment
(c) Perform. To engage m a performance mcludmg, but not lImIted to,
the followmg actIVItIes playmgmuslc, smgmg, dancmg, actIng, pantomrmmg,
puppeteenng, JugglIng, recItIng, or creatIng tangIble art objects. "Perform"
shall not mclude the proVISIOn of personal servIces such as haIr weavmg or
massage
(d) Public Areas SIdewalks, parkways, playgrounds and all other
pubhc spaces located m the City
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(e) The Pier. The Santa MOllIca PIer, conslstmg of both the Newcomb
PIer and the MUlllclpal PIer, protrudmg from the Santa MOlllca State Beach at
the southwesterly tenmnus of Colorado Avenue, and extendmg for
approxImately 1\vo thousand one hundred thlrty- five feet into the Santa MOlllca
Bay.
(1) Tangible Art Object. The term "tangIble art object" mcludes the
followmg Hems pamtmgs, drawmgs, henna tatoos, photographs, sculptures,
or any other Item that IS mherently commullIcatIve and has nommal utlhty
apart from Its commulllcatIOn
(g) Third Street Promenade. ThIrd Street between the southeasterly
hne ofWllshue Boulevard and the northwesterly hne of Anzona Avenue, and
between the southeasterly hne of Anzona Avenue and the northwesterly hne
of Santa MOllIca Boulevard and between the southeasterly hne of Santa
MOllIca Boulevard and the nonhwesterly hne of Broadway.
SECTION 2 Santa Momca MUlllclpal Code SectIon 6.112.030 IS amended to read
as follows'
6.112.030 Rules and regulations.
(a) Subject also to SectIOn 6.112050 and SectIOn 6.112.060, no
performer may perform
(1) vV uhm ten feet of any bus stop.
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(2) WIthm ten feet of any street comer or a marked pedestnan crosswalk.
(3) \VIthm ten feet of the outer edge of any entrance of any busmess,
mcludmg, but not hmIted to, doors; vestIbules, dnveways, outdoor dmmg area
entnes. and emergency eXIts, dunng the hours that any busmess on the
premIses IS open to the pubhc or to persons havmg or conductmg lawful
busmess wIthm those premises
(b) ~o person may perform on the ThIrd Street Promenade, the PIer or
any pubhc SIdewalk WIthout first obtammg a performance permit Issued by the
CIty pursuant to SectIon 6.112.040
(c) A performer may not block or obstruct the free movement of
pedestnans. If a suffiCIent crowd gathers to observe a performer such that the
passage of the publIc through a public area IS blocked, a polIce officer or fire
offiCIal may dIsperse that portion of the crowd that IS blockmg the passage of
the pubhc If a performer cannot conduct a performance m a locatlOn without
blockmg the passage of the pubhc, a pohce officer or fire offiCIal may cause
the performer to leave the locatlOn, but shall not prevent the performer from
occupymg another 10catlOn m comphance WIth thIS Chapter.
(d) A performer who performs for a charge shall obtam a busmess
hcense and be subject to all apphcable provlslOns of Chapter 636 A
performer who performs WIthout charge shall not be reqUIred to obtam a
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vendor permIt pursuant to Chapter 6 36 or a busmess hcense pursuant to
Chapter 6 04
(e) No performer shall construct, erect, or mamtam any stage, platform,
or sImIlar structure for use dunng any performance
(t) No performer shall use any kmfe, sword, torch, flame, axe, saw, or
other object that can cause senous bodIly mJury to any person, or engage m
any aCtIvIty, mcludmg but not hmIted to, acrobatICS, turnblmg, or umcychng,
that can cause senous bodIly mJury to any person.
(g) ~o performer shall use any generator, wet cell battery WIth
removable fill caps, or any other power source that poses a fire or publIc safety
hazard No performer shall connect or mamtam an electncal cord to an
adjacent bmldmg or to a CIty power source.
(h) No performer may litter his or her performance SIte
(1) No performer shall utIhze or prevent the pubhc from utlhzmg any
pubhc benches, waste receptacles, or other street furnIture dunng the
performance
0) No mmor under the age of sIxteen can perform unless the mmor has
obtamed an Entertamment Work PermIt Issued by the Department ofIndustnal
RelatIons of the State of CahfornIa and mamtams the permIt m hIs/her
possessIOn at the tlme of the performance.
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(k) No performer shall place any object on a publ1c sIdewalk whIch
causes less than a four foot contlguous sIdewalk wIdth bemg kept clear for
pedestrIan passage
(1) No performer shall perform on any publIc SIdewalk wIth more
Instruments, props, eqUIpment, merchandIse, or other Items than the performer
can reasonably transport or remove at one tIme.
(m))J"o performer shall perform In contraventIOn of the allowable nOIse
levels establIshed by Chapter 4 12 and Chapter 6.116 of thIS Code.
(n) No performer shall block or obstruct a curb cut.
SECTION 3. Santa Monica MUnICIpal Code SectIOn 6 112.050 IS amended to read
as follows.
6.112.050 Special regulations for Third Street Promenade.
In addIhon to the reqUIrements of SectIOn 6 112 030 and 6.112.040, no
performer shall perform III the ThIrd Street Promenade outsIde of an enclosed
bUIldmg III violatIOn of the followmg reqUIrements:
(a) Except as provIded III SubsectIon (f) of thIS Sechon, no performer
shall perform except dunng the followmg hme penods:
(1) 1"\me a m to eleven p.m. daIly.
(2) Eleven p.m. on Fnday and Saturday to one-thnty a m. of the
followmg day.
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(b) No performer shall perform wItlun SIXty feet of any specIal event
authonzed by the CIty unless the specIal event encompasses one or more CIty
blocks m whIch case the performance shall be conducted according to any
admmIstratIve gUIdelmes whIch shall be adopted by the CIty.
(c) Ko performer shall perform wIth more mstruments, props,
eqUlpment, merchandIse, or other Items than the performer can reasonably
transport or remove at one tIme
(d) No performer shall perform outsIde desIgnated performance zones,
as establIshed by resolutIOn of the CIty CouncIL
(e) ~o performer shall
(l) Perform In any specific locatron or wIthm one hundred twenty feet
of that locatIOn as measured III a north/south directIOn, for more than two hours
m any SIX hour penod. The tIme reqUIred to set-up and to remove any
mstruments, props, eqUIpment, or other Items shall be conSIdered part ofthe
performance for purposes of thIS subdIvlsIon and subdIVISIOn (2) of thIS
subsectIon (e).
(2) Perform on an even hour at the same locatIOn that he/she was
performmg on the precedmg even hour, or withm one hundred twenty feet of
that locatIon as measured m a north/south dIrectIOn
(3) Perform WIthm ten feet of a vendor operatmg pursuant to or under
the authonty of an approved lIcense agreement or wIthm forty feet of any other
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vendor, performer, or person utIlIzmg a portable table or cart for dIsplaymg or
dlstnbutmg merchandIse, goods, ~ntten matenals, food, or other Items.
(f) The followmg formula establIshes the speCIal performance hours
that apply dunng speCIfied holIdays
(1) If the holIday follows a weekend and the next day IS a workday,
then the holIday shall be treated as If It were Sunday and the day precedmg the
holIday shall be treated as If It were Saturday.
(2) lfthe holIday precedes a weekend, then the hohday shall be treated
as If It were Saturday and the precedmg day shall be treated as If It were
Fnday.
(3) If the holIday occurs dunng mIdweek, and IS surrounded by
workdays, then the holIday shall be treated as If It were Sunday and the day
precedmg the holIday shall be treated as If It were Fnday.
The followmg IS a lIst of holIdays whIch tngger the applIcatIon oftrus
SubsectIOn. New Year's Day, PreSIdent's Day, Memonal Day, Independence
Day, Columbus Day, Labor Day, Veterans Day, Thanksglvmg Day, and
Chnstmas Day The CIty CouncIl may by resolutIOn add to thIS lIst of
holIdays
SECTION 4 Santa MOllica MUnICIpal Code SectIon 6 112.060 IS amended to read
as follows'
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6.112.060 Special regulations for the Pier.
In addItIOn to the reqUIrements of SectIOn 6.112.030 and 6.112 040, no
performer shall perform on the PIer outsIde of an enclosed bUlldmg m
vIolation of the following reqUIrements:
(a) No performer shall perform outsIde desIgnated performance zones,
as estabhshed by resoluhon of the CIty Counctl.
(b) Except as provIded III SubsectIon (f) of thIs SectIOn, no performer
shall perform except dunng the followmg hme penods'
(1) EIght a.m to ten p.m Monday thru Thursday.
(2) EIght a.m. to twelve a.m. (ml(imght) on Fnday.
(3) Kme a.ill to twelve a.m. (mldmght) on Saturday
(4) ?\me a.m. to ten p.m on Sunday.
(c) No performer shall perform wlthm SIXty feet of any specIal event
authonzed by the CIty
(d) No performer shall perform wIth more Instruments, props,
eqUIpment, merchandIse, or other Items than that performer can reasonably
transport or remove at one time
(e) No performer shall.
(1) Perform m any speCIfic locatIOn or wlthm one hundred twenty feet
of that locatIOn... for more than two hours III any SIX hour penod. The tIme
reqUIred to set-up and to remove any mstruments, props, eqmpment, or other
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Items shall be consIdered part of the performance for purposes of thIS
subdIvIsIon and subdIvIsIon (2) of tlus subsectIon (e)
(2) Perform on an even hour at the same locatIon that he/she was
performmg on the precedmg even hour, or wIthm one hundred twenty feet of
that locatIon.
(3) Perform wlthm thIrty-five feet of any other performer, vendor or
any other person utilIzmg a portable table or cart for dlsplaymg or dIstnbutmg
merchandIse, goods, ~TItten matenals, food, or other Items
(f) The followmg formula establIshes the speCIal performance hours
that apply dunng speCIfied holIdays:
(l) If the holIday follows a weekend and the next day IS a workday,
then the holIday shall be treated as If It were Sunday and the day precedmg the
holIday shall be treated as If It were Saturday.
(2) If the hohday precedes a weekend, then the holIday shall be treated
as If It were Saturday and the precedmg day shall be treated as If It were
Fnday
(3) If the hohday occurs dunng mIdweek, and IS surrounded by
\vorkdays, then the holIday shall be treated as If It were Sunday and the day
precedmg the holIday shall be treated as If It were Fnday.
The following IS a lIst of holidays whIch tngger the apphcation of thIS
SubsectIon' New Year's Day, PreSIdent's Day, Memonal Day, Independence
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Day, Columbus Day, Labor Day. Veterans Day, ThanksgIVlllg Day, and
Chnstmas Day The CIty CouncIl may by resolution add to thIS lIst of
hohdays.
SECTION 5. Santa MOnIca MUnIcIpal Code SectIOn 6 112.070 IS amended to read
as follows:
6.112.070 Penalties.
Any person vIOlatmg this Chapter shall be gUIlty of an mfracuon, whIch
shall be pUnIshable by a fine not exceedmg two hundred fifty dollars per
VIOlatIOn, except that any person perfonnmg WIthout a performance permIt as
reqUIred by SectIOn 6 112.030(b) shall be gUIlty of a mIsdemeanor
SECTION 6. SectIOn 6.116.060 of the Santa ~onIca MUnICIpal Code IS amended to
read as follows:
6.116.060 Special Regulations for Vendors On The Third Street
Promenade.
No person authonzed to vend pursuant to SeCtlon 6.36 030(g) and
6.36.030(h) may on the ThIrd Street Promenade:
( a) Vend III any speCIfic locatIOn, or WIthin one hundred twenty feet of
that locatIOn as measured m a north/south dIrectIOn, for more than a two hour
period in any six hour period. The tIme required to set up and to remove
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eqUIpment and matenal for vendmg shall be consIdered part of the tIme lImIt
establIshed by thIs subsectIon and subsectIon (b) of thIs SectIon.
(b) Vend on an even hour at the same locatIon that he/she was vendmg
on the precedmg even hour, orwIthm one hundred twenty feet of that locatIOn
as measured III a north/south dIrectIon.
(c) Vend wlthm ten feet of a vendor operatmg pursuant to or under the
authonty of an approved license agreement or WIthm forty feet of any other
vendor, performer, or any other person utIlIzmg a portable table or cart
dIsplaymg or dlstnbutmg merchandIse, goods, wntten matenals, food, or other
Items.
(d) Vend those Items authonzed by SectIOn 6.36.030 (h) unless that
person IS also performmg pursuant to Chapter 6.112, the Item vended IS
representatIve of the work bemg created during the performance, and no more
than five such Items are dIsplayed on the table or cart at anyone tIme All
other reqUIrements speCIfied m SectIon 6 116.010 shall apply except that the
performer/vendor shall be lImIted to utIlIzing one (1) table or cart of a sIze not
larger than four (4) feet m WIdth by four (4) feet m length by three (3) feet in
heIght
SECTION 7 SectIon 6.116 070 of the Santa MOllIca MUnICIpal Code IS hereby
amended to read as follows
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6.116.070
Special Regulations for Vendors On The Pier.
No person authonzed to vend pursuant to SectIon 6.36.030(g) and
6 36 030(h) may on the PIer.
( a) Vend In any specIfic locatIon, or WIthIn one hundred twenty feet of
that locatIOn for more than a two hour penod III any SIX hour penod The tIme
reqUIred to set up and to remove eqUIpment and material for vendmg shall be
consIdered part of the hme hmIt estabhshed by this subsectIOn and subsection
(b) of thIS SectIOn.
(b) Vend on an even hour at the same locatIOn that he/she was
performmg on the precedmg even hour, or wIthm one hundred twenty feet of
that locatIOn
(c) Vend wIthm thIrty-five feet of any other vendor, performer, or any
other person utIhZIng a table or cart for the purpose of dIsplaymg or
dIstnbutmg merchanillse, goods, \\ontten matenals, food, or other Items.
(d) Vend those Items authonzed by SectIOn 6.36.030 (h) unless that
person IS also perfonmng pursuant to Chapter 6.112, the Item vended IS
representatIve of the work beIng created dunng the performance, and no more
than five such Items are dIsplayed on the table or cart at anyone hme. All
other reqUIrements specIfied m SectIOn 6.116.040 shall apply except that the
performer/vendor shall be hmIted to utIhzing one (1) table or cart ofa SIze nott
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larger than four (4) feet III \vldth by four (4) feet III length by three (3) feet III
heIght.
SECTION 8. Santa MOnIca MUnICIpal Code SectIon 6.116 050 IS amended to read
as follows
6.116.050. Exemptions.
The requIrements of thIS chapter, except for nOIse standards, shall not
apply to CIty approved specIal events WhICh have been reviewed by the Police
and FIre Departments to ensure that all necessary publIc safety measures have
been Imposed as a condItIon of approvlllg the event and to any vendor
operatmg pursuant to or under the authonty of an approved lIcense agreement.
SECTION 9. Any prOVISIOn of the Santa MOllIca MUnICIpal Code or appendIces
thereto mconsIstent WIth the prOVISIOns of thIS OrdInance, to the extent of such
mconsIstencIes and no further, IS hereby repealed or modIfied to that extent necessary to
effect the provIslOns of thIS Ordmance.
SECTION 10. Ifany sectIOn, subsectIOn, sentence, clause, or phrase of thIS Ordmance
IS for any reason held to be invahd or unconstItutIOnal by a decIslOn of any court of
competent JunsdlCtIOn, such deCISIon shall not affect the valIdIty of the remallllllg portIOns
of thIS Ordmance. The CIty CouncIl hereby declares that It would have passed thIS
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Ordmance and each and every sectIOn, subsechon, sentence, clause, or phrase not declared
mvahd or unconstItutIOnal wIthout regard to whether any portIOn of the ordmance would be
subsequently declared mvaild or unconstItutIOnal
SECTION 11 The Mayor shall SIgn and the CIty Clerk shall attest to the passage of
thIs Ordmance The CIty Clerk shall cause the same to be pubhshed once in the officIal
newspaper wlthm 15 days after Its adoptIon ThIS Ordmance shall become effechve thIrty
days after Its adophon
APPROVED AS TO FORM
mrudlLJJ1~~
MARsHA J~ES MctUTRlE
CIty Attorney
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Adopted and approved tIus 12th day of October. 1999 ~
~M1t-
~am O'Connor, Mayor
State of CalIforma )
County of Los Angeles ) ss
CIty of Santa MOnIca )
I. Mana M Stewart. CIty Clerk of the Cny of Santa Maruca. do hereby certIfy that the
foregomg Ordmance No. 1959 (CCS) had ns second readmg and was adopted on October 12.
1999, by the followmg vote
Ayes
CouncIl members Holbrook, Femstem, Bloom.
Rosenstem. McKeown. Mayor Pro Tern Genser.
Mayor O'COIUlor
Noes
CouncIl members None
Abstain
CouncIl members None
Absent
CouncIl members None
,-A TTEST ~
~ In. ~~
Mana M Stewart. Cuy 'Clerk