O2008
f:\atty\muni\laws\barry\specialevents2-1 . wpd
Council Meeting 5-8-01
Santa Monica, California
ORDINANCE NUMBER 2ilil8. (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 4.68 TO THE SANTA MONICA MUNICIPAL
CODE ESTABLISHING A COMMUNITY EVENTS CODE; AMENDING
SANTA MONICA MUNICIPAL CODE SECTIONS 4.08.480, 4.08.490
4,08.500,4,08.510,4.55.100,6.08.200,6,12,010, AND REPEALING
SANTA MONICA MUNICIPAL CODE SECTIONS 4.08,520, 4.08,530
4,08,540,4.08.580,4.08.590,4.08.600,4.08.610 AND 6.14,070
WHEREAS, Santa Monica is a coastal city in a prime location, bordered by the City
of Los Angeles to the north, east, and south; and
WHEREAS, the City's land area is small, being just 8 square miles and the City's
population is approximately 90,000; and
WHEREAS, the City's population density of 11,200 persons per square mile is the
highest among coastal communities in Los Angeles County and among the highest in the
State; and
WHEREAS, in addition to its large residential population, the City is a very desirable
place to work or visit; and
WHEREAS, on weekdays, approximately 300,000 people are present within the City
and on weekends the number swells to as high as 500,000 people; and
WHEREAS, high population density minimizes the private open space available for
residents; and
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WHEREAS, 75% of the City's residents live in multifamily housing without private
backyards and gardens; and
WHEREAS, the adverse effects of density and congestion in the City are magnified
by the lack of open space; and
WHEREAS, the City has only approximately 419 acres of public open space, which
occupies approximately eight percent of the total land within the City; and
WHEREAS, most of the City's open space is concentrated at the Santa Monica
State Beach on 245 acres of land; and
WHEREAS, this open space is used by hundreds of thousands of persons living
throughout the Southern California region and Du'yond; and
WHEREAS, only 113 acres of land in the City is dedicated to parks; and
WHEREAS, the City's park space per capita is significantly less than most cities and
well below the national guidelines set by the National Recreation and Parks Association;
and
WHEREAS, these parks are heavily used for a variety of purposes; and
WHEREAS, Santa Monicans are active and frequent users of the City's parks with
an average of 3 out of 4 residents visiting the City's parks almost twice a week; and
WHEREAS, 93% of the City's households with children are park users; and
WHEREAS, City parks are also frequently used by non-residents of the City; and
WHEREAS, since the City's limited public space is constantly used by large
numbers of people for a variety of activities, both organized and spontaneous, community
events in parks and on other public property must be carefully managed; and
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WHEREAS, the density of the City and the number of people working or visiting the
City on a daily basis significantly impacts the ability of traffic to circulate on the City's
existing street network; and
WHEREAS, the City's street network is a grid system bisected by the Santa Monica
Freeway; and
WHEREAS, streets within this network are categorized into four functional
classification types, arterial streets, collector streets, feeder streets and local residential
streets; and
WHEREAS, arterial streets are generally the commercial arteries that keep traffic
moving throughout the City and have as their primary function the mOJement of vehicles
into and through the City and the service of adjacent commercial land uses; and
WHEREAS, the locations of the freeway interchanges and over crossings, as well
as the inter-relationships of City streets with those of the surrounding network in Los
Angeles, causes traffic to be concentrated on the City's arterial streets; and
WHEREAS, local residential streets are designed to serve adjacent residential uses
only; and
WHEREAS, arterial streets are expected to handle traffic volumes ranging from
34,000 to 61,000 average vehicle trips per day while local streets are designed to carry
2,500 average trips per day; and
WHEREAS, due to the nature of the grid system, if an arterial street is blocked or
heavily congested, traffic will be diverted onto the nearest street which is typically a local
residential street; and
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WHEREAS, residential streets are overwhelmed when traffic is diverted from arterial
streets and residents' peace and quiet enjoyment are significantly impacted; and
WHEREAS, based on traffic counts taken in April/May 1999, and analysis of traffic
generated by approved or pending development projects, fifteen intersections along arterial
streets are projected to operate at unacceptable levels of service during the morning peak
period and twenty eight intersections are projected to operate at unacceptable levels of
service during the evening peak period; and
WHEREAS, consequently, diverting traffic onto adjacent arterial streets is not
feasible; and
WHEREAS, since the arterial network already carries a significant volume of traffic,
diverting or stopping the traffic will further deteriorate the levels of service for these
intersections and result in increased traffic into residential neighborhoods and degradation
of the vitality of commercial districts; and
WHEREAS, the City's downtown business district is particularly impacted by traffic;
and
WHEREAS, the level of service in many of the downtown intersections is currently
operating at levels of service "E" (poor level of service) or "F" (failure); and
WHEREAS, the number of downtown intersections that have unacceptable levels
of service may triple in the near future based on traffic generated by approved but not yet
constructed projects and by projects currently under consideration; and
WHEREAS, community events are, by definition, atypical and not necessarily
anticipated by or appropriately regulated by existing citywide ordinances; and
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WHEREAS, the City regulates community events for the same reasons it regulates
land uses: to protect the health, safety and public welfare by regulating traffic, noise,
aesthetics, and other impacts; and
WHEREAS, community events often require the provision of public services,
including police, fire, transportation, and public works and additional maintenance of the
facilities they use; and
WHEREAS, community events often use facilities that would otherwise be available
to the public or generate revenue to the City; and
WHEREAS, managing community events requires ensuring that these events are
compl.:ltible in size and type of use with their sites, adequate services are provided for the
events, adequate cost recovery for these services is achieved, the events do not interfere
with the City's ability to provide services to the entire community, and the impacts on
neighbors and others are minimized; and
WHEREAS, the City acknowledges that individuals and groups have the right to
engage in expressive activities in the City's public places; and
WHEREAS, these regulations are designed to establish the least restrictive and
reasonable time, place, and manner restrictions of these activities,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
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SECTION 1, Chapter 4,68 is hereby added to the Santa Monica Municipal Code
to read as follows:
CHAPTER 4.68
COMMUNITY EVENTS
4.68.010 Purpose.
It is the purpose of this Chapter to establish a process for permitting
community events to use City streets, parks, open space, facilities or
services in accordance with the Community Event Policy established by the
City Council on June 27, 2000. The City recognizes the substantial
community benefits i.hat may result from community events, They can
provide cultural enrichment, promote economic vitality and enhance
community identity. They may also provide funding opportunities for service
organizations. The purpose of this Chapter is to provide a coordinated
process for managing community events to ensure the health and safety of
event patrons, residents, workers, and other visitors, to prohibit illegal
activities from occurring at the community events, and to protect the rights
of community event permit holders. It is also the intent of the Council to
protect the rights of people to engage in expressive activities in the City's
public places and to establish the least restrictive and reasonable time, place
and manner regulation of these activities, It is further intended to create
mechanisms for cost recovery and use charges, to the extent authorized by
law, while not unduly impacting the viability of events,
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Section 4.68.020 Community Events Committee -
Membership.
There is hereby created a Community Events Committee to carry out
the provisions of this Chapter. This committee is comprised of
representatives of City departments, including, but not limited to the following
departments: Big Blue Bus, City Manager's Office, Community and Cultural
Services, Environmental and Public Works Management, Finance, Fire,
Planning and Community Development, Police, and Resource Management.
The Committee may also include representatives from City-funded entities
whose contractual obligations with the City includes operation or oversight
of public venues used for community events, The Chairperson of the
Committee shall be designated by the Community and Cultural Services
Director. The Executive Committee shall be comprised of Community
Events Committee members designated by the City Manager's Office and
the Chairperson of the Events Committee,
Section 4.68.030 Powers of the Community Events
Committee.
The Community Events Committee shall have the power to:
(a) Administer and apply this Chapter
(b) Represent the City, under the authority of the City Manager, in
discussions and in establishing agreements with the person(s) who represent
the event.
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(c) Coordinate with City departments and with other governmental
agencies for the provision of governmental services for such community
events
(d) Establish the terms and conditions, appropriate fees, and the
time(s), place and manner of the event consistent with this Chapter, any
implementing regulations/guidelines, and other provisions of the Municipal
Code applicable to the event.
4.68.040 Permit Required.
Except as otherwise provided by this Chapter or other ap~llcable law,
rule or regulation or any permit or license issued hereunder or pursuant to
the terms of a permit, lease, or contract which has been specifically
authorized by the City Council, a Community Event Permit shall be required
to be obtained from the Community Event Committee for the following
activities:
(a) A parade, procession, march or assembly consisting of persons,
animals, vehicles, or any other combination thereof, which is to assemble or
travel in unison on any public street, highway, alley, sidewalk or other public
way and which either (1) may impede, obstruct, impair or interfere with free
use of such public street, highway, alley, sidewalk, or other public way
owned, controlled, or maintained by the City or (2) does not comply with
normal or usual traffic regulations or controls,
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(b) Any activity of a group of 150 or more persons on City owned,
contmlled, or maintained property.
(c) Any activity on public property which requires the provision of City
services or the placement of a tent, canopy, or other temporary structure if
that placement requires a permit from the City's Fire Department or Building
and Safety Division.
(d) Notwithstanding the above, events at facilities located on City
property that are designed and approved as assembly spaces do not require
a Community Event Permit so long as such events do not require a street
closure or traffic diversion or require the use of other public property that
does not constitute an assembly space, For purposes of this subsection,
assembly spaces include, but are not limited to, the Civic Auditorium,
including the adjacent parking lot, the Pier Carousel, City park buildings,
Miles Memorial Playhouse and park grounds within 30 feet of the Playhouse.
(e) School grounds and other property owned by the Santa Monica
Unified School District and the Santa Monica College are exempt from the
requirements of this Chapter,
(f) Long-term lessees of City owned, controlled, or maintained
property may receive an Annual Community Event Permit which authorizes
a specified number of community events at that property for the term of the
permit so long as each community event otherwise complies with the
requirements of this Chapter.
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4.68.050 Application.
. (a) To receive a community event permit, a person must complete and
file a community event application with the Community Event Committee, or
a designated representative, on a form approved by the City, The applicant
must provide the following information:
(1) A description of the proposed use, event, or activity.
(2) The street or other public property and the specific area or areas
thereof which will be utilized in connection with the proposed use, event, or
activity,
(3) The manner in which the public property will be utilized.
(4) The date or dates and the specific times thereof, including set-up
and tear-down, that the public property is to be utilized forthe described use,
event, or activity,
(5) The name, address and telephone number ofthe person, entity or
organization sponsoring or conducting the proposed event.
(6) The name, address and telephone number of the person, or
persons to be contacted regarding the application or permit.
(b) The Community Event Committee may refer the application to
such City departments or personnel as the Committee deems necessary
from the nature of the application for review, evaluation, investigation and
recommendations regarding approval or disapproval of the application.
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(c)An application must be submitted and reviewed in accordance with
the time limits established in administrative regulations and guidelines
established pursuant to Section 4.68.200.
4~68.060 Review Process.
Subject also to Section 4,68.070, the Community Events Committee
shall issue a Community Events Permit, if it is determined that all of the
following criteria have been met:
(a) The proposed use of the property is not governed by or subject to
any other permit J:;rocedures provided elsewhere in this Code or other
applicable laws, rules, or regulations.
(b) The preparation for or the conduct of the proposed use, event or
activity will not unreasonably or unfeasibly burden City resources necessary
to preserve the public's use of the street in the area contiguous to the street
or other public property,
(c) The preparation for or the conduct of the proposed use, event or
activity will not unduly impede, obstruct, or interfere with the operation of
emergency vehicles or equipment in or through the particular permit area or
adversely affect the City's ability to perform municipal functions or furnish city
services in the vicinity of the permit area.
(d) The proposed use, event, or activity does not otherwise present
a substantial or unwarranted safety, noise, or traffic hazard.
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(e) The proposed event will be of a nature and size appropriate to
the proposed venue, location, or site, will occur during a time period
approved for that venue, location, or site, and will fall within the frequency
limitations established by administrative guidelines adopted pursuant to this
Chapter.
(f) The proposed event will not include live animals in parks, except
participants with dogs on leashes per City regulations.
(g) A Transportation Management/Parking Plan has been approved
for the event by the Transportation Management Department to the extent
such a plan is required by implementing rdgulations.
(h) The proposed event will not cause other adverse impacts on
health or safety to surrounding residential or commercial uses, which cannot
be effectively mitigated.
In deciding whether to approve an application, no consideration may
be given to the message of the event, the content of speech, the identity or
associational relationships of the applicant, or to any assumptions or
predictions as to the amount of hostility which may be aroused in the public
by the content of speech or message conveyed by the event.
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4.68.070 Denial/Revocation of Permit.
. The Community Events Committee shall deny an application for a
Community Events Permit or revoke a permit if the Committee finds any of
the following:
(a) One or more of the approval criteria specified in Section 4.68,060
is not met.
(b) The applicant has knowingly made a false, misleading _ or
fraudulent statement of fact to the City in the application process,
(c) The application does not contain the information required by this
Chapter.
(d) The application does not satisfy the requirements of this Chapter
or the administrative regulations adopted thereto,
(e) The applicant fails to comply with any conditions of approval
including, but not limited to:
(1) Remittance of fees, charges or deposits
(2) Submittal of an indemnification agreement and/or proof of
insurance to the extent required,
;
(3) Timely receipt of all required approvals
(f) The applicant fails to agree as a condition of permit issuance that
if City property is destroyed or damaged by reason of permittee's use, event
or activity and the damage or destruction is directly attributable to the
permittee, the permittee shall reimburse the City for the actual replacement
or repair cost of the destroyed or damaged property,
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4.68.080 Permit Fees.
. (a) Except as otherwise provided by this Code or any other applicable
law, rule or regulation, or by the terms of a permit, license, lease or contract
which has been specifically authorized by the City Council, the permit
application fees and other additional fees, including neighborhood
notification fees, for the use of city streets or other city-owned or controlled
property pursuant to this Chapter shall be established by the City Council by
resolution.
(b) Except as otherwise provided by administrative regulations or
guidelines adopted pursuant to this Chapter, any indigent natural person who
cannot apply for a permit because of an inability to pay the application fee
due to such indigence shall not be required to pay the fee, Application for
indigent status shall be made at the time of permit application and shall be
accompanied by such relevant information and documentation as may, in the
opinion of the City Manager or his/her designee. be reasonably necessary
to verify such status, For purposes ofthis Section 4.68,070, "indigent natural
person" means:
(1) a person who is receiving benefits pursuant to the Supplemental
Security Income (SSI) and State Supplemental Payments (SSP) programs
(Sections 12200 to 12205, inclusive, ofthe California Welfare and Institutions
Code), the California Work Opportunity and Responsibility to Kids Act
(CaIWORKs) program (Chapter 2 (commending with Section 11200 of Part
3 of Division 9 of the California Welfare and Institutions Code), the Food
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Stamp program (7 U,S.C, Sec. 2011 et sea,) or Section 17000 ofthe Welfare
and Institutions Code.
(2) a person whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of Health
and Human Services pursuant to the Omnibus Budget Reconciliation Act of
1981, as amended.
4.68.090 Appeals.
Any applicant aggrieved by an adverse decision under Sections
4,68,060 or 4.68.070 may appeal such decision to the Chairperson of the
Community Events Committee by filing a written notice of such appeal with
the Committee within five business days of the decision. The Chairperson
shall decide the appeal within one working day. The Chairperson's decision
shall be final except for judicial review,
4.68.100 Interference with a Community Event Prohibited.
It shall be unlawful for any person to interfere with a community event
permitted under this Chapter by engaging in the following acts when done
with the intent to cause interference:
(1) Blocking, obstructing, or impeding the passage of participants,
vehicles, or animals in the community event along the community event
route,
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(2) Walking or running; driving a vehicle, riding a bicycle or
skatel9oard, or using any similar device through, between, with, or among
participates, vehicles, or animals in the community event.
(3) Dropping, throwing, rolling, or flying any objecttoward, among, or
between participants, vehicles, or animals in a community event.
(4) Grabbing at, taking hold of, hitting, pulling, or pushing any
participant, vehicle, or animal in the community event or anything in the
possession of any participant in the community event.
(5) Throwing, squirting, dumping, or dropping any liquid or gaseous
substance on, toward, among, or between participants, vehicles, or animals
in the community event.
(6) Vending or offering for sale any food or merchandise from the
roadway, curb to curb, of a community event route during the hours the
community event route is closed to normal motor vehicle traffic without first
having obtained the written permission of the person holding the permit for
the community event, in addition to any permits and/or licenses required for
such activity by the City or any other governmental entity,
4.68.110 Hold Harmless.
Each permit shall expressly provide that the permittee agrees to
defend, protect, indemnify and hold the City, its officers, employees, agents,
and volunteers free and harmless from and against any and all claims,
damages, expenses, loss of liability of any kind or nature whatsoever arising
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out of, or resulting from, the alleged acts or omissions of permittee, its
officers, agents, or employees in connection with the permitted event or
activity; and the permit shall expressly provide that the permittee shall, at
permittee's own cost, risk and expense, defend any and all claims and all
legal actions that may be commenced or filed against the City, its officers,
agents, employees, or volunteers, and that the permittee shall pay any
settlement entered into and shall satisfy any judgment that may be rendered
against the City, its officers, agents, employees, or volunteers as a result of
the alleged acts or omissions of permittee or permittee's officers, agents, or
employees in connection with the uses, eve; ltS, or activities under the permit.
4.68.120 Insurance Requirements.
(a) Except as otherwise prohibited by law or an exemption is obtained
as provided by this Chapter and the implementing regulations, the permittee
shall procure and maintain in full force and effect during the term of the
permit a policy of insurance from a reliable insurance company authorized
to do business in the state, which policy includes the City, its boards, officers,
agents, employees, and volunteers as named insureds or additional named
insureds and which provides the coverage that the Risk Manager determines
to be necessary and adequate under the circumstances. Proof of insurance
shall be submitted to the City prior to issuance of the permit and
maintenance of this insurance shall be a condition of the permit.
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(b) If the Risk Manager determines that a particular use, event, or
activity which is for a permit period of no more than one day does not present
a substantial or significant public liability or property damage exposure for
the City or its officers, agents, employees, or volunteers, the Risk Manager
may give a written waiver of the insurance requirements of this Section,
4.68.130 Community Event Temporary Signage.
Temporary or non-permanent sign(s) advertising or pertaining to the
community event may be installed by the permit holder, or his/her designee,
within the event site as defined in the Community Event Permit previded said
sign(s) are internally oriented, The logo of a commercial sponsor may be
included on a small area of the temporary sign, not to exceed one square
foot or five percent of the banner area whichever is smaller, However, the
logo of tobacco sponsors shall be prohibited,
Directional signs for walks and races may be installed by the permit
holder, or his/her designee, provided that each sign is less than two square
feet in size, attached to a street light or other utility pole at a height of
between five and six feet without damaging the finish of the pole, and
installed less than two hours prior to the start of the event and removed
within one hour of the completion of the event. A plan showing the type and
location of the proposed directional signs must be submitted as part of the
Community Event Permit application and be approved by the City, The City
may remove signs that do not meet the installation and removal
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requirements of this Section and shall charge the permittee for the cost of
this removal.
4.68.140 Departmental service charge.
(a) In addition to the paymentofthe non-refundable permit application-
fee, a permittee shall pay the City for all City departmental service charges
incurred in connection with or due to the permittee's activities under the
permit unless the event was City-produced or City co-produced,
(b) City departments shall submit the final invoices and billings for
department charges to the permittee no later than ten working days after the
expiration date of the permit.
(c) Except as otherwise provided by administrative regulations or
guidelines adopted pursuant to this Chapter, any indigent natural person who
cannot apply for a permit because of an inability arising from such indigence
to pay departmental service charges shall not be required to pay the fee.
Application for indigent status shall be made at the time of permit application
and shall be accompanied by such relevant information and documentation
as may, in the opinion of _ the City Manager or his/her designee, be
reasonably necessary to verify such status, For purposes of this Section
4,68,140, "indigent natural person" means:
(1) a person who is receiving benefits pursuant to the Supplemental
Security Income (SSI) and State Supplemental Payments (SSP) programs
(Sections 12200 to 12205, inclusive, ofthe California Welfare and Institutions
19
Code), the California Work Opportunity and Responsibility to Kids Act
(CaIWORKs) program (Chapter 2 (commending with Section 11200 of Part
3 of Division 9 of the California Welfare and Institutions Code), the Food
Stamp program (7 U.S,C, Sec. 2011 et seq,) or Section 17000 ofthe Welfare
and Institutions Code,
(2) a person whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of Health
and Human Services pursuant to the Omnibus Budget Reconciliation Act of
1981, as amended,
(d) No permittee shall be required to provide for or pay for the cost of
public safety personnel to provide for the protection of a community event
and its attendees from hostile members of the public or counter-
demonstrations or for general law enforcement in the vicinity of the event.
4.68.150. Parade Routes.
(a) Subject to the requirements of this Chapter, permittees may
march or parade in either direction on the following streets:
(1) Ocean Avenue, between Adelaide Drive (northwest City limits) and
Pico Boulevard,
(2) Commencing on Ocean Avenue at the intersection of Adelaide
Avenue (northwest City limits) and continue south on Ocean Avenue to the
intersection of Colorado Avenue, turning easterly on Colorado Avenue to the
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intersection of Main Street, turning southerly on Main Street, ending at the
intersection of Main Street and Pico Boulevard,
(3) Commencing on Main Street, north of the entrance to the Civic
Auditorium parking lot and continue south on Main Street to the intersection
of Marine Street, turning westerly on Marine Street to the intersection of
Barnard Way, turning northerly on Barnard VV3Y to the South Beach parking
lot where the parade will disband.
(b) Subject to all other applicable requirements of this Chapter, this
Section does not prohibit permittees from conducting marches or
processions on other ~1reets so long as those walking line up no more than
four (4) abreast, with two (2) individuals located on the sidewalk and two (2) ~
individuals located in or near the adjacent parking/curb lane, in units of one
hundred (100) or less, with an interval of fifteen (15) feet being maintained
between units so as to preserve the flow of cross-traffic.
(c) Marches and processions may not be conducted on streets
classified by the City as arterial streets between the hours of 7:00 a,m, to
9:00 a,m. and 4:00 p,m, to 6:00 p,m, on business days,
4.68.160 Races.
The procedures and criteria for conducting running races shall be as
follows:
(a) There shall be two ten kilometer race routes and two five kilometer
face routes:
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(1) The first ten kilometer (route A) race route begins at Santa Monica
College and continue on an easterly direction along Pearl Street to the
intersection of 34th Street, turning southerly along 34th Street to the
intersection of Ocean Park Boulevard, continuing in a westerly direction on
Ocean Park Boulevard to 14th Street, turning northerly onto 14th Street and
continuing to the intersection of Pico Boulevard, turning easterly on Pico
Boulevard and continuing to 30th Street, turning southerly on 30th Street to
Pearl Street and continuing in a westerly direction to 16th Street to the Santa
Monica College stadium,
(2) The second ten kilometer (route 8) race begins at Seventh Street
and California Avenue, west on California Ave to Ocean Avenue, north on
Ocean Avenue to San Vicente Boulevard, east on San Vicente Boulevard to
Twenty-fifth Street, south on Twenty-fifth Street to Marguerita Avenue, west
on Marguerita Avenue to Fourteenth Street, south on Fourteenth Street to
Alta Avenue, west on Alta Avenue to Fourth Street, south on Fourth Street
to California Avenue, east on California Avenue to Seventh Street.
(3) The first five kilometer (route C) race begins at Seventh Street and
California Avenue, west on California Ave to Ocean Avenue, north on Ocean
Avenue to San Vicente Boulevard, east on San Vicente Boulevard to
Seventh Street, south on Seventh Street to Georgina Avenue, west on
Georgina Avenue to Fourth Street, south on Fourth Street to California
Avenue, east on California Avenue to Seventh Street.
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(4) The second five kilometer (route D) race begins at Pearl Street
and 16th Street, east on Pearl Street, south on 34th Street, west on Ocean
Park Boulevard, north on 16th Street to Pearl Street.
(b) Four races per race route shall be allowed each year with no more
than one per quarter on anyone route.
(c) Route A and Route D races may occur on Sunday mornings from
8 a,m, until 2 p,m, Route B and Route C races may occur on Saturday
mornings from 8 a,m, until 2 p,m,
(d) No vehicular races shall be permitted.
(e) Races which include multiple modes of travel (e,~" walking,
running, and bicycling) shall be permitted so long as the start times for
different modes of travel are staggered,
4.68.170 Display of Community Event Permit.
A copy of the Community Event Permit shall be displayed at the
Community Event site and shall be exhibited upon demand of any City
official.
4.68.180 Use of City Name Or Logo Without Authorization.
It shall be unlawful for the permittee conducting a community event to
use the words "The City of Santa Monica" or "City of Santa Monica," or a
facsimile of the seal or logo of the City of Santa Monica in the promotional
materials or advertising for the event without the City's authorization,
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4.68.190 Block Parties.
. Requests for a permit to utilize a street for a block party or other
similar neighborhood event shall be made by filing an application with the
Transportation Management Division or the Community Events Committee,
if the event is otherwise subject to review by the Committee, The applicant
must include a petition in favor of the event signed by two-thirds (2/3) of
residents and businesses on both sides of the street to be closed, Only a
street classified by the City as a local street may be utilized for a block party
or other similar neighborhood event. The application will be subject to such
additional rules and regulations adopted by City staff to ensure that the street
closure will not be detrimental to the public health, safety, or welfare.
4.68.200 Administrative Regulations.
The City Manager, or her/his designee, shall adopt administrative
regulations that are consistent with and that further the terms and
requirements set forth within this Chapter. All such administrative
regulations must be in writing,
4.68.210 Other Permits and Licenses.
The issuance of a Community Events Permit does not relieve any
person from the obligation to obtain any other permit or license required
pursuant to this Code.
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4.68.220 Penalties.
. Any person who intentionally violates any of the provisions of this
Chapter shall be guilty of a misdemeanor,
SECTION 2, Santa Monica Municipal Code Section 6,08.200 is hereby amended
to read as follows:
Section 6.08.200 Event Planners and Promoters for Special. or
Community Event (Tax Rate Group VI).
(a) This business classification is in Tax Rate Group VI and applies to
event planners and promoters of any recreation, entertainment, cultural and
educational events and exhibitions which are conducted for limited periods
of time. Included in such classification without limitation are sporting
events/competitions, circuses, carnivals, trade shows, and special sales of
goods or services.
(b) For purposes of this classification, event planner or promoter shall
mean any person or entity who for hire organizes, sponsors or administers
any activity classified in the category of special or community event.
(c) All event planners or promoters in a special or community event
shall be subject to the business license requirements described in this
Chapter regardless of whether the special or community event is carried on
for profit or for charitable purposes,
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(d) Notwithstanding the above, all events held at the Civic Auditorium,
including its adjacent parking lot, shall not be subject to business license
fees but shall be required to obtain any other permits required by this Code,
SECTION 3. Santa Monica Municipal Code Section 6,12,010 is hereby amended
to read as follows:
Section 6.12.010 Schedule of license fees.
The business license fees for business classifications hereinafter
described shall be calculated in accordance with the tax rate group in which
such business classification is listed below:
(a) Tax Rate Group I. Each person or entity in this group shall pay the
sum of seventy-five dollars on the first sixty thousand dollars of gross
receipts, plus the sum of one dollar and twenty-five cents for each one
thousand dollars or fraction thereof of gross receipts in excess of sixty
thousand dollars,
Included in this tax rate group are all businesses included within any
of the following business classifications:
(1) Corporate or administrative headquarters,
(2) Manufacturers,
(3) Recreation and entertainment.
(4) Rental of non-residential property,
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(5) Rental of residential property,
(6) Retail (excluding retail venders at community events permitted pursuant
to Municipal Code Chapter 4.68),
(7) Utilities.
(8) Wholesalers.
(b) Tax Rate Group II. Each person or entity in this group shall pay
the sum of seventy-five dollars on the first sixty thousand dollars of gross
receipts, plus the sum of one dollar and twenty-five cents for each one
thousand dollars or fraction thereof of gross receipts in excess of sixty
thousand dollars, subject to the maximum caps hereinafter described. This
Tax Rate Group applies only to persons or entities within the following
business classification:
(1) Auto Dealer, The business license fee for each business within
Tax Rate Group II shall be subject to the following maximum caps:
(i) Forfiscal year 1990-1991, the business license fee shall be capped
at twenty thousand dollars,
(ii) For fiscal year 1991-1992, the business license fee shall be
capped at twenty-two thousand five hundred dollars,
(iji) For the fiscal year 1992-1993, and each year thereafter, the
business license fee shall be capped at twenty-five thousand dollars,
27
(c) Tax Rate Group III. Each person or entity in this group shall pay
the sum of seventy-five dollars on the first sixty thousand dollars of gross
receipts, plus the sum of three dollars for each one thousand dollars or
fraction thereof of gross receipts in excess of sixty thousand dollars. Included
in this tax rate group are all businesses included within any of the following
business classifications:
(1 ) Agent/broker.
(2) Contractors (general building and engineering).
(3) Services.
(4) Sub or specialty contractors.
(d) Tax Rate Group IV. Each person or entity in this group shall pay
the sum of seventy-five dollars on the first sixty thousand dollars of gross
receipts, plus the sum of five dollars for each one thousand dollars or fraction
thereof of gross receipts in excess of sixty thousand dollars, Included in this
tax rate group are all businesses included within any of the following
business classifications:
(1) Professions,
(e) Tax Rate Group V. Each person or entity in this group shall pay
the sum of fifty dollars per vehicle per year for each vehicle which is included
within the following business classification:
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(1) Delivery--Pickup,
(f) Tax Rate Group VI. Each person or entity in this group shall pay
the sum of one hundred fifty dollars for each day or fraction of any day in
which such licensee conducts business in the City. Included in this tax rate
group are all business categories included within the following business
classification:
(1) Event Planners/Promoters for special or community event.
(g) Tax Rate Group VII. Each person or entity in this group shall pay
the sum of two hundred and fifty dollars per vehicle per year for each vehicle
which is included within the following business classification:
(1) Taxicabs,
SECTION 4, Santa Monica Municipal Code Secti9n 4.08.490 is hereby amended
to read as follows:
4.08.490 Street Banners Prohibited.
No person, except a public officer or employee in the performance of
a public duty, shall hang, suspend, string any card, banner, handbill, sign,
poster, picture, notice, or political streamer of any kind over, on, or in any
public street, or in, over, or on any public property within the City, except as
29
may be authorized or required by this Code or required by the laws of the
State,' or of the United States.
SECTION 5. Santa Monica Municipal Code Section 4.08,500 is hereby amended
to read as follows:
4.08.500 Street Banners Prohibited - Exceptions.
Notwithstanding anything contained in Section 4.08.490 hereof,
banners traversing public rights of way that are used for promoting cultural
c. civic events or activities of general public interest are permitted in
accordance with the following regulations:
(a) The banners are permitted only at locations with mounting
hardware that have been approved by the City,
(b) The banners shall not be used to publicize events promoting
commercial sales or activities, religious services or instructions, or events
relating to political events or ballot measures,
(c) The banners shall be installed no more than three weeks prior to
the event and shall be removed the first working day after the event.
(d) The banners shall meet the uniform design standards established
by the City,
(e) The banners shall only be installed by City-approved installers who
will hang and remove the banners in accordance with City specifications.
30
(f) The event organizer shall bear the full cost of fabrication,
installation, and removal of the banner,
(g) An event shall only be authorized to install two over-the-street
banners per event.
(h) The banners have received all necessary permits to locate in the
public right of way.
SECTION 6. Santa Monica Municipal Code Section 4.08.510 is hereby amended
to read as follows:
4.08.510 Street Banners. Application.
Applications to install banners authorized pursuant to Section
4,08,500 shall be processed as follows:
(a) An application for banner placement shall be filed with the
Environmental and Public Works Management Department at least six (6)
weeks prior to the date that the banners will be installed and all such fully
completed applications shall be approved on a first come, first served basis.
The Department shall take applications for banners up to one (1) year in
advance of the event.
(b) A banner permit shall be approved, subject to subsection (c) of this
Section, within five (5) business days of the filing of a fully completed
application unless one of the following findings is made:
31
(1) The applicant has knowingly made a false, misleading, or
fraudulent statement of fact to the City in the application process,
(2) The application does not comply with the requirements of this
Section 4.08,510 and Section 4.08.500.
(c) Payment of a nonrefundable fee in an amount set by resolution
adopted by the City Council must be paid to the Department within two
business days after the applicant is notified that the banner permit has been
approved subject to timely payment of the fee, If timely payment is not
received, a new application will need to be filed.
SECTION 7. Santa Monica Municipal Code Section 4.55,100 is hereby amended
to read as follows:
Section 4.55.100 Fire hazards.
The following activities shall be deemed to be fire hazards and are
prohibited in all parks:
(1) Making, kindling or using a fire, barbecue or portable stove, or
burning charcoal, except upon a masonry or concrete hearth or fire circle
provided by the City for such purpose, The prohibition contained in this
subsection shall not apply to City-produced events that receive a Community
Event Permit pursuant to Chapter 4.68 authorizing a fire, barbecue or
portable stove or burning charcoal.
32
(2) Storing flammable materials or combustible waste matter, as those
terms' are defined in the Uniform Fire Code, within ten feet of a building or
structure, or beneath a building or structure.
(3) Discarding any lighted match, cigarette, cigar, or other burning
object in a manner that could cause ignition of flammable materials or
combustible waste matter,
(4) Undertaking any activity in a park which constitutes a violation of
the Uniform Fire Code as adopted at Section 8.04,060, or which constitutes
an imminent and immediate danger to persons or property in the judgment
of authorized Fire Department personnel.
SECTION 8. Santa Monica Municipal Code Section 4.08.480 is hereby amended
to read as follows:
Section 4.08.480 Handbills, signs, etc.
No person, except a public officer or employee in the performance
and furtherance of a public duty, shall paste, paint, print, nail, tack, or
otherwise fasten any card, banner, handbill, sign, poster, advertisement, or
notice of any kind, on any curbstone, lamp post, pole, hitching pot, watering
trough, hydrant, bridge, or tree, upon a public street, or public property,
within the City, except as may be required or authorized by this Code, or
33
required by the laws of the State, or of the United States.
SECTION 9. Santa Monica Municipal Code Sections 4,08.520, 4,08,530, 4.08.540,
4.08.580,4.08,590,4.08,600,4,08,610 and 6,14.070 are repealed in their entirety.
SECTION 10. Santa Monica Resolution Number 7011 (CCS) is hereby repealed
in its entirety,
SECTION 11, 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
affect the provisions of this Ordinance,
SECTION 12, 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 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.
34
SECTION 13, 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 thirty
days after its adoption,
APPROVED AS TO FORM:
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MARSHA JONEs! MOUTRIE
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City Attorney
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35
Adopted and approved this 8th day of May, 2001,
/2 ,,' ,:s' /-
;/}t~~, v
Michael Feinstein, Mayor
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, 2008 (CCS) had it's introduction on April 24, 2001, and it's
adoption at the City Council meeting held on May 8, 2001, by the following vote:
Ayes: Council members' O'Connor, McKeown, Genser, Katz, Mayor Pro Tem
Bloom, Mayor Feinstein
Noes: Council members: None'
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
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Maria M, Stewart, City Clerk