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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 1 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 2 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 3 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 4 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: 5 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, 6 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. 7 (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, 8 (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. 9 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. 10 (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. 11 (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. 12 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, 13 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 14 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, 15 (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 16 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. 17 (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 18 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 20 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: 21 (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. 22 (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, 23 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. 24 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, 25 (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, 26 (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: 28 (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: '\ ~/1/! j-' r d I' ~ .~ ~ MARSHA JONEs! MOUTRIE -- I / Y"'\ I, r. 'I " , , j.," City Attorney F:\A TTY\MUNI\LAWS\BARRY\SPECIALEVENTS2-1.wPD 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: \, ~ \ \ . \ '\, ~ '-~~-'.o_ \...0 ,,-~..Q../'V Maria M, Stewart, City Clerk