O2028
f:\atty\muni\laws\barry\streetperformance-1. wpd
City Council Meeting 11-13-01
Santa Monica, California
ORDINANCE NUMBER 2028 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
6.112.020,6.112.050,6.112.060,6.112.070, 6.116.010, 6.116.040,
6.116.060, 6.116.070, AND 6.116.080 RELATING TO STREET
PERFORMANCE AND VENDING ON THE THIRD STREET PROMENADE
AND THE PIER, INCLUDING SECTIONS ON SPACING, UMBRELLAS,
HENNA TATTOOING, ROTATION, AND PENALTIES
WHEREAS, street performers and street vendors of communicative materials make
a significant contribution to the ambiance of the City's unique and stimulating public
spaces, but also pose hazards if left unregulated; and
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 of the 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
WHEREAS, the greatest challenge in preserving safe circulation in the downtown
district is in and around the City's most popular public spaces including the Third Street
Promenade and the Santa Monica Pier; and
WHEREAS, the Third Street Promenade is a three-block-long portion of a public
street which the City has closed to all but emergency vehicular traffic and improved with
plants, statuary, fountains, and lighting to create an attractive, entertainment-oriented
pedestrian mall in order to revitalize the downtown business district; and
WHEREAS, except for its heavily traveled cross streets and certain narrow
alleyways, the Promenade is walled in on both sides by two and three story structures; and
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WHEREAS, emergency vehicle access to the Promenade is by way of a narrow
single lane that runs down the center ofthe Promenade or by way of the narrow but heavily
utilized alleys behind the buildings which line the Promenade; and
WHEREAS, for purposes of preserving public safety in the event of an emergency,
the City's Fire Marshal has evaluated the Promenade as an "outdoor enclosure" and has
calculated the maximum occupancy load as approximately 5000 persons per block; and
WHEREAS, in recent years, the huge crowds attracted to the Promenade often
exceeded this load capacity; and
WHEREAS, this number does not include the thousands of people inside the many
theaters, restaurants, and retail establishments who would flood onto the Promenade in
an emergency; 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
WHEREAS, the Santa Monica Pier is a long, narrow space, only 35' wide at some
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
on the Pier due to this design; and
WHEREAS, the precise time periods during which the Pier and the Promenade
become quite crowded have become extremely difficult to predict because of the large
number of special events which occur in the City and region, which often attract very large
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numbers of visitors to the Pier and the Promenade on days and evenings other than
weekends and holidays; and
WHEREAS, maintaining public safety on the Pier and the Promenade 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, 735 street performers have obtained performance permits from the City
as of October 151 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, 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 the Promenade or
to evacuate and close the Pier or the Promenade; and
WHEREAS, both of these situations have occurred in recent years and the City
must assume that they will happen again; and
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WHEREAS, several years ago, the City reclassified most violations of the Street
Performance Ordinance as infractions based on the Council's determination that the civil
remedy of permit revocation was preferable to misdemeanor prosecution; and
WHEREAS, based on the experience of police personnel and the performance
monitor, in many instances, citations for infractions are insufficient since a performer or
heartland vendor may simply opt to receive a string of citations rather than to comply with
the restrictions; and
WHEREAS, the failure to comply with restrictions designed to preserve public safety
may have serious and dire consequences to residents, workers, visitors, and performers;
and
WHEREAS, permitting police personnel to handle certain violations of the Street
Performance Ordinance as either misdemeanors or infractions would afford them better
options for dealing with performers who simply choose to continue unlawful activity
notwithstanding the issuance or potential issuance of a citation; and
WHEREAS, the City presently issues performance permits for individuals who
undertake body painting, including those who engage in henna tattooing; and
WHEREAS, state law recognizes that there are health and other risks attendant
upon applying substances to bodies; and
WHEREAS, a recent televised report publicized the dangers inherent in applying a
substance to another's skin absent Heath Department oversight; and
WHEREAS, the City cannot distinguish between those who practice body painting
responsibly and those who do not; and
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WHEREAS, the City has received complaints of skin rashes and other adverse
reactions after individuals have received tattoos or other body painting; and
WHEREAS, one person sued the City for permitting henna tattooing after being
unable to remove the tattoo months after it had been applied even though that individual
had been told that the tattoo was temporary; 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,
WHEREAS, the provisions of this ordinance will effectuate the City's declared
policies of supporting individual artists, maintaining public health and safety, and protecting
the appearance and appeal of the City's most valued public spaces,
NOW THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 6.112.010 is hereby amended
to read as follows:
6.112.020 Definitions.
For purposes of this Chapter, the following words or phrases shall
have the following meanings:
(a) Charge. To require someone to pay a fee or to set, negotiate or
establish a fee for a performance. Seeking voluntary contributions through
passing around a hat. leaving open an instrument case or other receptacle,
or soliciting donations after a performance is not a charge.
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(b) Performer. An individual or group who performs in a public area,
for the purpose of providing public entertainment.
(c) Perform. To engage in a performance including, but not limited to,
the following activities: playing music, singing, dancing, acting, pantomiming,
puppeteering, juggling, reciting, or creating tangible art objects in their
entirety. "Perform" shall not include: (1) the provision of personal services
such as hair weaving or massage; (2) the application of substances to
others' skin, including, but not limited to, paints, dyes, and inks; or (3) the
completion or other partial creation of tangible art objects.
(d) Public Areas. Sidewalks, parkways, playgrounds and all other
public spaces located in the City.
(e) The Pier. The Santa Monica Pier, consisting of both the Newcomb
Pier and the Municipal Pier, protruding from the Santa Monica State Beach
at the southwesterly terminus of Colorado Avenue, and extending for
approximately two thousand one hundred thirty-five feet into the Santa
Monica Bay.
(f) Tangible Art Object. The term "tangible art object" includes the
following items: paintings, drawings, photographs, sculptures, or any other
item that is inherently communicative and has nominal utility apart from its
communication.
(g) Third Street Promenade. Third Street between the southeasterly
line of Wilshire Boulevard and the northwesterly line of Arizona Avenue, and
between the southeasterly line of Arizona Avenue and the northwesterly line
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of Santa Monica Boulevard and between the southeasterly line of Santa
Monica Boulevard and the northwesterly line of Broadway.
(h) Transit Mall. The sidewalks on Santa Monica Boulevard and
Broadway from the east side of Ocean Avenue to the west side of Fifth
Street.
SECTION 2. Santa Monica Municipal Code Section 6.112.050 is hereby amended
to read as follows:
Section 6.112.050 Special regulations for Third Street Promenade
And Transit Mall.
In addition to the requirements of Sections 6.112.030 and 6.112.040,
no performer shall perform in the Third Street Promenade orthe Transit Mall
outside of an enclosed building in violation of the following requirements:
(a) Except as provided in subsection (f) of this Section, no performer
shall perform except during the following time periods:
(1) Nine a.m. to eleven p.m. daily.
(2) Eleven p.m. on Friday and Saturday to one-thirty a.m. of the
following day.
(b) No performer shall perform within sixty feet of any special event
authorized by the City unless the special event encompasses one or more
City blocks in which case the performance shall be conducted according to
any administrative guidelines which shall be adopted by the City.
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(c) No performer shall perform with more instruments, props,
equipment, merchandise, or other items than the performer can reasonably
transport or remove at one time.
(d) No performer shall perform outside designated performance
zones, as established by resolution of the City Council.
(e) No performer shall:
(1) Perform on the Third Street Promenade in any specific location or
within one hundred twenty feet of that location as measured in a north/south
direction, for more than two hours in any six hour period. The time required
to set up and to remove any instruments, props, equipment, or other items
shall be considered part of the performance for purposes ofthis subdivision
and subdivision (2) of this subsection (e).
(2) Perform on the Third Street Promenade on an even hour at the
same location that he/she was performing on the preceding even hour, or
within one hundred twenty feet ofthat location as measured in a north/south
direction.
(3) Perform on the Transit Mall in any specific location or within one
hundred twenty feet of that location as measured in an east/west direction,
for more than two hours in any six hour period. The time required to set up
and to remove any instruments, props, equipment, or other items shall be
considered part of the performance for purposes of this subdivision and
subdivision (4) of this subsection (e).
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(4) Perform on the Transit Mall on an even hour at the same location
that he/she was performing on the preceding even hour, or within one
hundred twenty feet of that location as measured in an east/west direction.
(5) Perform within ten feet of a vendor operating pursuant to or under
the authority of an approved license agreement or within forty feet of any
other vendor or performer.
(f) The following formula establishes the special performance hours
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.
(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
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Christmas Day. The City Council may by resolution add to this list of
holidays.
SECTION 3. 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) Except as provided in subsections (f) and (g) of this Section, no
performer shall perform except during the following time periods:
(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.
(c) No performer shall perform within sixty feet of any special event
authorized by the City.
(d) No performer shall perform with more instruments, props,
equipment, merchandise, or other items than that performer can reasonably
transport or remove at one time.
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(e) No performer shall:
(1) Perform after 4:00 p.m. at the same location that he/she was
performing prior to 4:00 p.m. or within one hundred fifty feet of that location.
(2) Perform within fifty feet of any other performer or any vendor.
(3) 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
railings of the Pier when performing in the Breezeway Performance Area.
(f) The following formula establishes the special performance hours
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.
(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
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Christmas Day. The City Council may by resolution add to this list of
holidays.
(g) Notwithstanding subsection (b) 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.
SECTION 4. Santa Monica Municipal Code Section 6.112.070 is hereby amended
to read as follows:
6.112.070 Penalties.
The following penalties shall be established for violations of this
Chapter:
(a) Except as provided in subsections (b) and (c) of this Section, any
person violating this Chapter shall be guilty of an infraction, which shall be
punishable by a fine not exceeding two hundred fifty dollars per violation.
(b) Any person violating Sections 6.112.030(c), 6.112.030(f),
6.112.030(g), 6.112.030(1), 6.112.050(e)(5), 6.112.060(a), 6,112.060(e)(1)
or 6.112.060(e)(2) shall be guilty of an infraction which shall be punishable
by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which
shall be punishable by a fine not exceeding one thousand dollars per
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violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment.
(c) Any person performing without a performance permit as required
by Section 6.112.030(b) shall be guilty of a misdemeanor, which shall be
punishable by a fine not exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not exceeding six months, or by
both such fine and imprisonment.
SECTION 5. Santa Monica Municipal Code Section 6.116.010 is hereby amended
to read as follows:
Use of a table or cart and other paraphernalia
on the Promenade.
No person shall place any object or device on the Third Street
Promenade 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 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.
6.116.010
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(3) At least ten feet from any bus stop.
(4) At least ten feet from any street corner 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.
(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) Except as provided in subsection (d) ofthis Section, 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.
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(d) No person shall utilize sandwich board signs ("A" frames),
canopies, umbrellas, tents, and similar coverings unless such 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 6. 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 rl",,,,inn,,,t,,,rl "'r"''''''' "'''' ",,,,t,,,hli,,,h,,,rl h\l r",,,,nllltinn nf th", r:ihJ
\ . I '" --....';::,. .-........... -. .............., -.... --................... .-- ..... J . -""'-.- .......... ...... ...."" -'''J
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(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
16
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 corner 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.
(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) Except as provided in subsection (d) ofthis Section, 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 iacks on the sidewalks Oi 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
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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, umbrellas, tents, and similar coverings unless such 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 7. Santa Monica Municipal Code Section 6.116.060 is hereby amended
to read as follows:
6.116.060 Special regulations for vendors on the Third Street
Promenade and Transit Mall.
No person authorized to vend pursuant to Sections 6.36.030(g) and
6.36.030(h) may on the Third Street Promenade or the Transit Mall:
(a) Vend on the Third Street Promenade in any specific location, or
within one hundred twenty feet of that location as measured in a north/south
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direction, for more than a two-hour period in any six-hour period. The time
required to set up and to remove equipment and material for vending shall
be considered part of the time limit established by this subsection and
subsection (b) of this Section.
(b) Vend on the Third Street Promenade on an even hour at the same
location that he/she was vending on the preceding even hour, or within one
hundred twenty feet of that location as measured in a north/south direction.
(c) Vend on the Transit Mall in any specific location, or within one
hundred twenty feet of that location as measured in an east/west direction,
for more than a two-hour period in any six-hour period. The time required to
set up and to remove equipment and material for vending shall be
considered part of the time limit established by this subsection and
subsection (d) of this Section.
(d) Vend on the Transit Mall on an even hour at the same location that
he/she was vending on the preceding even hour, or within one hundred
twenty feet of that location as measured in an east/west direction.
(e) Vend within ten feet of a vendor operating pursuant to or under
the authority of an approved license agreement or within forty feet of any
other vendor or performer.
(f) 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.
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All other requirements specified in Section 6.116.010 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.
SECTION 8. 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 or performer.
(b) Vend after 4:00 p.m. atthe same location that he/she was vending
prior to 4:00 p.m. or within one hundred fifty feet of that location.
(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.
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SECTION 9. Santa Monica Municipal Code Section 6.116.080 is hereby amended
to read as follows:
6.116.080 Penalties.
The following penalties shall be established for violations of this
Chapter:
(a) Except as provided in subsection (b) of this Section, any person
violating this Chapter shall be guilty of an infraction, which shall be
punishable by a fine not exceeding two hundred fifty dollars per violation.
(b) Any person violating Sections 6,116.010(a), 6.116.010(b),
6.116.010(c), 6.116.010(d), 6.116.040(a)(1), 6.116.040(b), 6.116.040(c),
6.116.040(d), 6.116.060(f) or 6.116.070(c) shall be guilty of an infraction
which shall be punishable by a fine not exceeding two hundred fifty dollars,
or a misdemeanor, which shall be punishable by a fine not exceeding one
thousand dollars per violation, or by imprisonment in the County Jail for a
period not exceeding six months, or by both such fine and imprisonment.
SECTION 10. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance. to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 11. 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
21
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 12. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
~
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Adopted and approved this 13th day of November, 2001. r
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Michael Feinstfjin, ~yor
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. 2028 (CCS) had it's introduction on October 23, 2001 and
adoption at the Santa Monica City Council meeting on November 13, 2001 by the
following vote:
Ayes:
Council members: Holbrook, O'Connor, Genser, Katz,
Noes:
Council members: McKeown, Mayor Pro Tem Bloom, Mayor Feinstein
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~'~~J-
Maria M. Stewart, City Clerk