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f:\atty\muni\laws\barry\pierperformance-1. wpd
City Council Meeting 7-24-2001
Santa Monica, California
ORDINANCE NUMBER 2017 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
6.112.060, 6.116.040, AND 6.116.070 RELATING TO STREET PERFORMANCE
VENDING AND THE USE OF A PORTABLE TABLE OR CART ON
THE PIER; DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, the City of Santa Monica has worked for over a decade to create and
refine laws governing street performance and street vending which recognize performers'
and street vendors' value to the community, respect constitutional requirements, protect
the safety of residents, workers, and visitors in crowded public spaces, shield local
businesses from unfair competition, and preserve the aesthetic quality ofthe City's public
spaces; and
WHEREAS, the difficulty of striking and maintaining the best possible balance
between these often competing goals has been exacerbated by changing conditions in the
City, changing activities undertaken by performers and vendors working in public spaces,
and changes in judicial interpretation of First Amendment guarantees; and
WHEREAS, in order to address the needs and concerns of the City's residents,
performers, visitors, merchants, street vendors, and public safety personnel, the City has
undertaken major revisions to its performance and vending laws on at least six separate
occasions since they were first adopted in 1989; and
WHEREAS, both the necessity and the difficulty of establishing, maintaining and
enforcing a regulatory system for street performers and vendors working in the public
spaces within the City is exacerbated by certain of the City's defining characteristics,
including its extreme density and appeal to visitors; and
WHEREAS. the City consists of just eight square miles of coastal land which are
home to 90,000 residents; the job site of 300,000 workers; and a destination for as many
as 500,000 visitors on weekends and holidays; and
WHEREAS, the City's unusual density necessitates special efforts to preserve the
free and safe flow of both pedestrian and vehicular traffic, particularly in the City's bustling
downtown business district, its most crowded sector; and
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district exists in and around the City's most popular public spaces including the Santa
Monica Pier; and
WHEREAS, the Pier is frequented by the City's residents and is also among the
primary destinations of the approximately 2,350,000 visitors which flock to the City
annually; and
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points, with ingress and egress at only one end; and
WHEREAS, at some points on the Pier, particularly in the central Pier, pedestrians
and vehicles use the same roadway; and
WHEREAS, the flow of pedestrian and vehicular traffic is often severely obstructed
due to this design; and
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WHEREAS, the precise time periods during which the Pier becomes quite crowded
have become extremely difficult to predict because of the large number of special events
which occur in the City and region and which often attract very large numbers of visitors
to the Pier on days and evenings other than weekends and holidays; and
WHEREAS, maintaining public safety on the Pier presents special challenges to the
City's public safety personnel, particularly in times of emergency, because of its very large
crowds, narrow roadway, limited ingress and egress, and fixed impediments to circulation;
and
WHEREAS. street performers and street vendors of communicative materials make
a significant contribution to the ambiance of the City's unique and stimulating public
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WHEREAS, 600 street performers have obtained performance permits from the City
as of July of this year; and
WHEREAS, the number of performance permits issued this year will likely exceed
the number issued in any previous year by a wide margin; and
WHEREAS. the Pier is one of two prime locations for street performing and street
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"VVHEREAS, the number of performers on the Pier is growing; and
WHEREAS, the current spacing requirements allow performers to work on both the
north and south sides of the Pier; and
WHEREAS, performers perform on both sides at staggered intervals to meet these
spacing requirements; and
WHEREAS, the crowds gather around the performers in circles; and
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WHEREAS, due to the spacing between performers, and the fact that the Pier is
very narrow, the crowds often overlap and intertwine causing gridlock; and
WHEREAS, unregulated street performance and street vending in places such as
the Pier create a safety hazard by impeding or blocking the free flow of pedestrian traffic,
by attracting large stationery crowds which block passage, and by impairing access for
safety personnel; and
WHEREAS, unregulated street performance and street vending creates particular
safety hazards for seniors, the disabled, young children, and others with limited mobility;
and
WHEREAS, in time of emergency, the hazard could be significant, particularly if it
became necessary to move emergency vehicles on and off the Pier or to evacuate and
close the Pier; and
WHEREAS, both of these situations have occurred in recent years and the City
must assume that they will happen again; and
WHEREAS, the uncontrolled placement of sound equipment, tables and
paraphemalia on public streets and sidewalks also disrupts the orderly flow of pedestrian
traffic and the provision of emergency services; and
WHEREAS, in orderto protect public safety, street performance and street vending
must be regulated to ensure the orderly flow of pedestrian and vehicular traffic and ready
access for emergency personnel to public spaces, particularly in locations such as the Pier,
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.112.060 is hereby amended
to read as follows:
Section 6.112.060 Special regulations for the Pier.
In addition to the requirements of Sections 6.112.030 and 6.112.040,
no performer shall perform on the Pier outside of an enclosed building in
violation of the following requirements:
(a) No performer shall perform outside designated performance
zones, as established by resolution of the City Council.
(b) No performer shall perform except as authorized by a permit
obtained by lottery undertaken in accordance with this subsection (b) and
administrative guidelines established by the City.
The lottery shall be conducted as a random drawing or on some other
basis which ensures that all applicants participating therein have an equal
opportunity to obtain a permit. In addition to establishing specific
performance locations, the administrative guidelines shall establish
requirements governing the conduct and timing ofthe lottery, the duration of
the permit, and other regulations consistent with the provisions of this
subsection (b) and any other relevant provisions of the Municipal Code.
(c) Except as provided in subsections (g) and (h) of this Section, no
performer shall perform except during the following time periods:
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(1) Eight a.m. to eleven p.m. Monday thru Thursday.
(2) Eight a.m. on Friday to one a.m. the following Saturday.
(3) Nine a.m. on Saturday and Sunday to one a.m. of the following
day.
(d) No performer shall perform within sixty feet of any special event
authorized by the City.
(e) No performer shall perform with more instruments, props,
equipment, merchandise, or other items than that performer can reasonably
transport or remove at one time.
(f) No performer shall:
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person utiiizing a portable table or cart for displaying or distributing
merchandise, goods, written materials, food, or other items.
(2) Perform at a distance greater than ten feet from the north railing
of the Pier when performing in the Center Performance Area.
(3) Perform at a distance greater than ten feet from the north or south
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that apply during specified holidays:
(1) If the holiday follows a weekend and the next day is a workday,
then the holiday shall be treated as if it were Sunday and the day preceding
the holiday shall be treated as if it were Saturday.
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(2) If the holiday precedes a weekend, then the holiday shall be
treated as if it were Saturday and the preceding day shall be treated as if it
were Friday.
(3) If the holiday occurs during midweek, and is surrounded by
workdays, then the holiday shall be treated as if it were Sunday and the day
preceding the holiday shall be treated as if it were Friday.
The following is a list of holidays which trigger the application of this
subsection: New Year's Day, President's Day, Memorial Day, Independence
Day, Columbus Day, Labor Day, Veterans Day, Thanksgiving Day, and
Christmas Day. The City Council may by resolution add to this list of
holidays.
(h) Notwithstanding subsection (c) this Section, no performer shall
perform in the General Performance Area adjacent to the Carousel Building
except during the following time periods:
(1) Eight a.m. to ten p.m. Monday thru Thursday.
(2) Eight a.m. to twelve a.m. (midnight) on Friday~
(3) Nine a.m. to twelve a.m. (midnight) on Saturday.
(4) Nine a.m. to ten p.m. on Sunday.
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SECTION 2. Santa Monica Municipal Code Section 6.116.040 is hereby amended
to read as
Section 6.116.040 Use of a table, cart and other paraphernalia on
the Pier.
No person shall place any object or device on the Pier for displaying
or distributing goods, written materials, merchandise, food, or any other
items except a portable table or cart utilized in accordance with the following
provisions:
(a) The table or cart shall be located:
(1) In designated areas, as established by resolution of the City
Council.
(2) At least ten feet from the outer edge of any entrance of any
business, including, but not limited to doors; vestibules; driveways; outdoor
dining area entries; and emergency exits, during the hours that any business
on the premises is open to the public or to persons having or conducting
lawful business on those premises.
(3) At least ten feet from any bus stop.
(4) At least ten feet from any street comer or a marked pedestrian
crosswalk.
(5) So that at least a four-foot contiguous sidewalk width is kept clear
for pedestrian passage.
(6) So that a curb cut is not blocked or obstructed.
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(7) At a distance no greater than ten feet from the north railing of the
Pier when located in the Center Performance Area.
(8) At a distance no greater than ten feet from the north or south
railings of the Pier when located in the Breezeway Performance Area.
(b) The table or cart shall not be larger than four feet in width by eight
feet in length by three feet in height.
(c) No structures shall be attached to the table or cart. No other
structure may be used to display the items. The display area, including the
table or cart, shall be maintained in a neat and presentable manner. None
of the items shall be displayed in an area other than upon the table or cart,
including, but not limited to, in display racks on the sidewalks or in the
hanging of the items from a building or fence or other structure. Any boxes
or accessory items shall be stored entirely beneath the table or cart and shall
not be stored or piled alongside of, behind, or in front of the table or cart. The
items may be stacked on the table or cart, provided that each stack shall not
exceed the height of twelve inches. Signs may be attached to the side of or
on top of the table or cart. No signs may extend higher than the top of the
table or cart and no signs may be affixed to City facilities. The site shall be
kept clean and all rubbish shall be deposited in proper receptacles regularly
during the day and prior to departing the site each day.
(d) No person shall utilize sandwich board signs ("A" frames),
canopies, free-standing umbrellas, tents, and similar coverings unless such
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use is authorized by a street use permit, license, or other City-issued
authorization.
(e) The table, cart, and all other items shall be capable of being
transported or removed at one time.
(f) Any person vending pursuant to Section 6.36.030(g) shall be
limited to two chairs. The chairs may be placed behind or next to (but not in
front of) the cart or table.
SECTION 3. Santa Monica Municipal Code Section 6.116.070 is hereby amended
to read as follows:
Section 6.116.070 Special regulations for vendors on the Pier.
No person authorized to vend pursuant to Section 6.36.030(g) and
6.36.030(h) may on the Pier:
(a) Vend within fifty feet of any other vendor, performer, or any other
person utilizing a table or cart for the purpose of displaying or distributing
merchandise, goods, written materials, food, or other items.
(b) Vend except as authorized by a permit obtained by lottery
undertaken in accordance with this subsection (b) and administrative
guidelines established by the City.
The lottery shall be conducted as a random drawing or on some other
basis which ensures that all applicants participating therein have an equal
opportunity to obtain a permit. In addition to establishing specific vending
locations, the administrative guidelines shall establish requirements
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governing the conduct and timing of the lottery, the duration of the permit,
and other regulations consistent with the provisions ofthis subsection (b) and
any other relevant provisions of the Municipal Code.
(c) Vend those items authorized by Section 6.36.030 (h) unless that
person is also performing pursuant to Chapter 6.112, the item vended is
representative of the work being created during the performance, and no
more than five such items are displayed on the table or cart at anyone time.
All other requirements specified in Section 6.116.040 shall apply except that
the performer/vendor shall be limited to utilizing one table or cart of a size not
larger than four feet in width by four feet in length by three feet in height.
(d) Vend at a distance greater than ten feet from the north railing on
the Pier when located in the Center Performance Area.
(e) Vend at a distance greater than ten feet from the north or south
railings of the Pier when located in the Breezeway Performance Area.
SECTION 4. This ordinance is declared to be an urgency measure adopted
pursuant to the provision of Section 615 of the Santa Monica City Charter. As set forth
in the findings above, this ordinance is necessary for preserving the public peace, health,
safety, and welfare.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 6. 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.
SECTION 7. 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 upon
its adoption.
APPROVED AS TO FORM:
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