O1982 (2)
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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
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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.
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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:
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;' , JILl, JUL)J,NL-?J, UdLL'
MARSHA JONES MOUTRIE
City Attorney
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Adopted and approved this 8th day of August, 2000..~
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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:
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Maria M. Stewart, City Clerk