O2024
f:\atty\muni\laws\barry\specialeventsamd2-1. wpd
Council Meeting 11-13-01
Santa Monica, California
ORDINANCE NUMBER 2024 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 4.68.040, 4.68.080, 4.68.110,4.68.140,4.68.150, AND
4.68.160 OF THE COMMUNITY EVENTS CODE RELATING TO PERMIT CRITERIA,
PARADE, RACE, AND WALK REQUIREMENTS, FEE AND DEPARTMENTAL
CHARGES, AND INDEMNIFICATION PROVISIONS
WHEREAS, on May 8, 2001, the City Council adopted Ordinance Number 2008
(CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events
Code; and
WHEREAS, the City Council adopted the Community Events Code based on
detailed findings establishing the necessity for this regulatory scheme; and
WHEREAS, the Community Events Code provides 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 community events,
and to protect the rights of community event permit holders; and
WHEREAS, the Community Events Code is designed to protect the right of people
to engage in expressive activities in the City's public places and establishes the least
restrictive and reasonable time, place and manner regulations of these activities; and
WHEREAS, since the adoption of the Community Events Code, City staff has had
significant experience and received substantial feedback from the community and
interested parties regarding the implementation ofthe permitting requirements established
by the Community Events Code: and
WHEREAS, based on this experience and feedback, it is necessary to make minor
clarifications/modifications to the existing law to ensure that the purposes of the
Community Events Code are achieved,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 4.68.040 is hereby amended
to read as follows:
4.68.040 Permit Required.
Except as otherwise provided by this Chapteror other applicable 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
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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
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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.
(b) Any activity of a group of 150 or more persons on City owned,
controlled, or maintained property.
(c) Any activity on public property which requires 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 predominately used and approved by the Fire Department
orthe Building Department 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, the Pier Carousel, City
park buildings, and Miles Memorial 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
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permit so long as each community event otherwise complies with the
requirements of this Chapter.
SECTION 2. Santa Monica Municipal Code Section 4.68.080 is hereby amended
to read as follows:
4.68.080 Permit Fees.
(a) Except as otherwise provided by th is Code or any other appl icable
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 and charges, 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) An indigent natural person who cannot apply for a permit because
of an inability to pay the application fee due to such indigence may not be
required to pay the fee in accordance with administrative regulations or
guidelines adopted pursuant to this Chapter. 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 4.68.080, "indigent natural person"
means:
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(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
Stamp program (7 U.S.C. Sec. 2011 et sea.) or Section 17000 of the 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.
(c)An organization in which a majority of its members meet the criteria
for indigent status, as established in subsection (b) of this Section, may also
be eligible for application fee waiver.
SECTION 3. Santa Monica Municipal Code Section 4.68.110 is hereby amended
to read as follows:
4.68.110 Hold Harmless.
Each permittee shall execute a hold harmless agreement in a form
approved by the City providing in substance that the permittee agrees to
defend, protect, indemnify and hold the City, its City Council, boards,
commissions, officers, employees, agents, and volunteers free and
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harmless from and against any and all claims, damages, expenses, loss of
liability of any kind or nature whatsoever arising 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 and indemnify against any and all claims and all legal actions that
may be commenced or filed against the City, its City Council, boards,
commissions, 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 City Council, boards,
commissions, 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, events, or activities underthe permit.
SECTION 4. Santa Monica Municipal Code Section 4.68.140 is hereby amended
to read as follows:
4.68.140 Departmental service charge.
(a) In addition to the payment ofthe 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.
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(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) A permittee who claims an inability to pay department service
charges due to indigency may have these charges waived in accordance
with administrative regulations or guidelines adopted pursuant to this
Chapter. 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
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.
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(d) An organization in which a majority of the members meet the
criteria for indigent status, as established in subsection (c) of this Section,
may also be eligible for waiver of department service charges.
(e) 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.
SECTION 5. Santa Monica Municipal Code Section 4.68.150 is hereby amended
to read as follows:
4.68.150. Parade Routes.
(a) Subject to the requirements of this Chapter, a community event
permit may be issued for a march, procession, 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
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
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of Marine Street, turning westerly on Marine Street to the intersection of
Barnard Way, turning northerly on Barnard Way to the South Beach parking
lot where the parade will disband.
(b) Minor adjustments to the routes established in subsection (a) of
this Section may be authorized by the Community Events Committee to the
extent necessary to avoid construction or other obstructions which would
prevent the parade from proceeding on the established route.
(c) Subject to all other applicable requirements of this Chapter, this
Section does not prohibit the issuance of a community event permit for
marches or processions on other streets so long as through and cross-traffic
can be preserved and the safety of the marchers can be maintained.
(d) 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 unless the march or
procession is being conducted to coincide with another event, not organized
or planned by the permittee, which is occurring on or adjacent to the arterial
street upon which the march will be conducted.
SECTION 6. Santa Monica Municipal Code Section 4.68.160 is hereby amended
to read as follows:
4.68.160 Races/Runs/Walks.
The procedures and criteria for conducting races/runs/walks shall be
as follows:
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(a) There shall be two ten kilometer routes and two five kilometer
routes:
(1) The first ten kilometer (route A) route begins at Santa Monica
College and continue on an easterly direction along Pearl Street to the
intersection of 341h Street, tuming 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 B) route 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) route 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
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Georgina Avenue to Fourth Street, south on Fourth Street to California
Avenue, east on California Avenue to Seventh Street.
(4) The second five kilometer (route D) route 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/walks/runs per 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) Events which include multiple modes of travel (e.g., walking,
running, and bicycling) shall be permitted so long as the start times for
different modes of travel are staggered.
(f) In addition to the routes established by subsection (a) of this
Section, races/walks/runs may be permitted on other streets in the City so
long as the majority of the race/walk/run occurs outside of the City and that
portion of the race/walk/run within the City does not exceed one-half mile in
length.
SECTION 7. 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
affect the provisions of this Ordinance.
SECTION 8. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions ofthis Ordinance. The City Council hereby declares that 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 ofthe ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 9. 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:
F:\A TTY\MUNI\LAWS\BARRY\SPECIALEVENTSAMD2-1. WPD
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Adopted and approved this 13th day of November, 2001.
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Michael Feinstein,;' M7r
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. 2024 (CCS) had it's introduction on October 23,2001 and
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following vote:
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Council members:
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Bloom, Mayor Feinstein
Noes:
Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
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