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O1982 (2) f:\atty\mu ni\laws\mjm\stperf3b-1.wpd City Council Meeting 8-8-00 Santa Monica, California ORDINANCE NUMBER 1982 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 6.112.020 RELATING TO STREET PERFORMANCE THE CITYCOUNCILOFTHE CITYOF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 6.112.020 is hereby amended to read as follows: Section 6.112.020 Definitions. For purposes of this Chapter, the following words or phrases shall have the following meaRings: (a) Charge. To require someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions through passin~ around a hat, leaving open an instrument case or other receptacle, or soliciting donations after a performance is not a charge. (b) Performer. An individual or group who performs in a public area, for the purpose of providing public entertainment (c) Perform. To engage in a performance including, but not limited 1 to, the following activities: playing music, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, or creating tangible art objects in their entirety. "Perform" shall not include: (1) the provision of personal services such as hair weaving or massage; or (2) the completion or other partial creation of tangible art objects. (d) Public Areas. Sidewalks, parkways, playgrounds and all other public spaces located in the City. (e) The Pier. The Santa Monica Pier, consisting of both the Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately two thousand one hundred thirty-five feet into the Santa Monica Bay. (f) Tangible Art Object. The term "tangible art object" includes the following items: paintings, drawings, henna tatoos, photographs, sculptures, or any other item that is inherently communicative and has nominal utility apart from its communication. (g) Third Street Promenade. Third Street between the southeasterly line of Wilshire Boulevard and the northwesterly line of Arizona Avenue, and between the southeasterly line of Arizona Avenue and the northwesterly line of Santa Monica Boulevard and between the southeasterly line of Santa Monica Boulevard and the northwesterly line of Broadway. 2 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, is hereby repealed or modified to that extent necessary to effect 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 ofthis Ordinance. The City Council hereby declares that itwould 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. 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 30 days from its adoption. APPROVED AS TO FORM: 'J ()i'ff I ; .~ / I ' I ;' , JILl, JUL)J,NL-?J, UdLL' MARSHA JONES MOUTRIE City Attorney 3 Adopted and approved this 8th day of August, 2000..~ ~~.~ Ken Genser, Maytlr State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 1982 (CCS) had it's introduction on July 25, 2000, and was adopted at the Santa Monica City Council meeting held on August 8, 2000, by the following vote: Ayes: Council members: Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser Noes: Council members: None Abstain: Council members: None Absent: Council members: None ATTEST: \ ;,.__ ,I... , 'r-:- " Maria M. Stewart, City Clerk