SR-8-B (18)
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JUN 2 8 1988
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CA:RMM:rmd720/hpca
City Council Meeting 6-28-88
Santa Monica, California
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STAFF REPORT
TO:
Mayor and City council
city Attorney
Ordinance Amending Santa Monica Municipal Code
Section 3381 to Temporarily Prohibit Vending,
Peddling, and Hawking in Santa Monica
FROM:
SUBJECT:
At its meeting on May 10, 1988, the City Attorney presented
to the City Council a comprehensive staff Report on the subject
of vending in the City of Santa Monica.
The Staff Report
recommended the adoption of new vending regulations as outlined
in the ci ty Attorney's Staff Report.
Following city Council
consideration, the City Council referred to the City Manager the
subject of vending for further analysis. At the same time, the
City Council directed the City Attorney to prepare an ordinance
to extend to December 31, 1988, the temporary ban on vending that
was adopted on January 12, 1988. In response to this direction,
the accompanying ordinance has been prepared and is presented to
the City Council for its consideration.
As outlined in the City Attorney's Staff Report dated May
10, 1988, vending provides an opportunity for low-income
individuals to provide for their economic well being. The city's
ban on vending prohibits poor and disabled individuals from
making a living in Santa Monica. An extension of the temporary
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cause continued
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JON 2. a l~BB
ban adopted in January will only serve to
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hardship to individuals such as Mr. Norman Clementi. (See
attached article.) Accordingly, although the City Attorney has
prepared the ordinance pursuant to the City Council t s request,
the city Attorney recommends that the City council not adopt this
ordinance. The failure to adopt this ordinance will allow
individuals to apply for vending permits under existing City law
pending adoption of more comprehensive vending restrictions.
RECOMMENDATION
It is respectfully recommended that the City Council not
adopt the temporary prohibition on vending activity.
PREPARED BY: Robert M. Myers, City Attorney
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Norman Clementi 11 not the kind or man who enjoyI
fighting CIty Hall. A pnsoner of his own emoUonal
vertlgo, he Bits most of the time in a
.JDI-clarkened Santa Monica apartment waiting for .::
IOmething to happen on b1B behalf, and hopmg in a way
that it never will ..,
U the effort he has made at re-shaping life f8Jls, it ill 4
Ukely that the tiny apartment will indeed become his 1
prison, and Norman Clemenll willllIlk back into its 1
darkness like a man plunging clown a bottomless pit, --t
8eVer knowmg where it w111 end .~
QemenlllUffers from agoraphob18. an intense and
unreuonable fear of pubhc places that locks its VlCt.ImlI 1
behind barriers more conlming than any made of mel j
Many of those with the affl1ction stmply 1VWr leave their
bornea but live in monutic Iilence bebmd drawn curtalDl
and drawn lives.
Norman doesn't want to be one or them, and for the
put few years has fought his private terror by taking to
the Itreet again to cure himself. There are times when
InRl'ketplace ll1l1aends him reelmg back into the haven
Ilia apartment, but those times leaen when purpose
replaces fear.
WhIch bnnga \II to bia bot dog cart. Clementi, a
<<>-,ear-old native-born Sicilian, declded that becomin8
. bot dog vendor DUght lOin a myriad of problems for I
him. It wasn't what he had hoped for IwI hle, but .
- apectabolll are altered by tncka of fate.
A bot dog cart would offer him a reuon to once more
",h"Uenge the outdoors and JimuItaneously allow h1m the
independence to withdraw "hen it became necessary It
.... alIo I way to make a Uving without relying on the
wtate usiltance he now receives
"'You don't know what it'. like being intelligent but
ecUng like you're crazy," Clementi I8Jd the other day
-othenl know there"lDII'Iething wrong with me by the
IDoIt in my eyes and think of me in terma of weird.
""When an attack comeII}'OU can't.- coherently or
arry out. tboughL You ean't. bear ftrY weU md what
Jou Cleft hear doesn't make any.enae. You ltand there
...eaUng, twed With t.error,:wondeftllI what', BOllIg to
happen nexL . . ,I withdreJr from people for almost 20
_,earl, afraad of ID&IdnC a fool of myMlf and of rna Irmg
otheJ'B uncomfortable Now t want to 10 back into the
world ..
-. With money .."eel r....... al'e8taurant he once owned
, Qementi bo~~t. hot dog cart for $3,5OO-and then ~
Into lOtne realIties more deblbtallnl than biB affucuon
J.....A. limes. Tl'UAYSdo.V. Mo.~ 211. Jqll
There's less dan. in eating a
Norman Clemelm hot dog :
than in swimming among the
effiuence and chemicals of
Santa Monica Bay.
Notes on
a Hot Dog
Vendor
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He clI8covered thaE cartI were U1ega1 in Santa
Monica, except un mc conditions, one or them
being need. There is nmI for hot clop.
The city refused to allow him to apply for. pennlt.
eYen thOlJlh Clementi laW others with carta workins the
8treet& Encourqed by an Vij:anIzaUon that helpl t.ho8e
'With emoUonaI problems, he went before the City
not onee but twice to plead for perrnIIBkm to operate hill
carL '
fte eouncU re8pDnded notonly by turning hIm doWn
but by placlns . moratorium on aD pUlhcart vendins
except in one area that II franehbIe-operated and closed
Ind1vidual vendors. . J
In a city that aUowslg hQmeleil~ ,,","1 OYer .
beaches, paru, alleyaand IIdewalu, II'IllllnB work
-wroval for those unwUllns to join their drearJ cara'i..,. j
would IeeJD a logk:aI. approach to at least part of the t .
problem <" .'-
Vending eartI are NIUIlt.ed by the Health Departmenl,
IJut even if they weren't you'd be in lea danger -ttns I
Nonnan Clementi hot dog than in IWImming among the
effluence and chemicals of Santa. Monica Bay.
City AUy. Robert Myel'll told the council that openinI
the Irtn!eta to vendors would pifer poor people and
Immigrantl an opportunltyW make a livina, and he', t
rtBht.lt would restore pridJand purpose, two eesenUal
Ingredients the sick and homeless 10 desperately lack
The city manager argued that Myers' propoea.l would
11R turning Santa Monica into I magnet for thousanda of
yendorllrom throughout the county, but all he's got to do
Is look around to lee it's already a magnet for every bum.
wino and panhandler who bas come down the pike.
Does that mean programs for the city'lI homelees ought
to be similarly curtailed because they attract the notsam
j and jetsam they were never intended to beneflt?
I ClemenU took hJa rejection by the councll back for a
long stay In his ~ent, r.,hUns devils with
:::~t=~l
turned biI etfttttj"
at Bleep into J
nightmare ' ~
ehcounlerl ftr
demons. , ~
, WhenIle;1!;
ftnally didJO_
he qaIn .... bo\
doIs bel", IOld
Weplly from ' t
puahcartI and, . r
driven by f
delperallon, ..- ~
C1emenU deei8e4
to do IOmethinI
he had never '
done befCJre1 ..
cha1lqe the
law. ~I..
.' He took IdI .
. puIIhcart out .
wlthout . permtt, was etted three tbneII and now mUll ~
-wear in court June 1 to answer to the e.harp8.
"They won't give me a business Ucense, then ette me
for not having one," C1emenU aid. He shook hil head.
"You ~now how lousy I feel' If they handed me a I1cenlle
on a silver platter today, it would take me a month before
I could' leave the apartment again."
He stood wearily to Ihow me ouL "I was never looking
for a 'fight," he said "Ijult wanted to get well "
j I left him IlandJns in the doorway. The IU1l wu In his
..ee, the darknea at his back.
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CA:RMM:rmd721jhpca
City Council Meeting 6-28-88
santa Monica, California
ORDINANCE NUMBER
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA BANNING PEDDLING, HAWKING AND
VENDING AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, the city Council of the city of Santa Monica has
an interest in protecting the public health and safety of its
citizens; and
WHEREAS, the City Council has an interest in regulating
vending, peddling and hawking in order to ensure the safety and
and health of its citizens; and
WHEREAS, vending, peddling and hawking either on foot or by
pushcarts contributes to traffic congestion and thereby impedes
both pedestrian and motorist traffic; and
WHEREAS, the use of congested streets and sidewalks by
peddlers, vendors and hawkers may make the streets and walkways
unsafe for motorists, pedestrians, as well as peddlers, vendors
and hawkers: and
WHEREAS, the use of parks and playgrounds for peddl ing ,
vending and hawking detracts from their recreational purpose and
may jeopardize the safety of children by drawing them near the
motorist traffic; and
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WHEREAS, there has been a sustained growth in motorist and
pedestrian traffic and an increasing amount of vending peddling
and hawking within the city; and
WHEREAS, on January 12 I 1988, the City Council adopted
Ordinance Number 1432 (CCS) adding section 3381 to the Santa
Monica Municipal Code to prohibit vending until July 1, 1988; and
WHEREAS, the purpose of Ordinance Number 1432 (CCS) was to
provide the City council an opportunity to study the public
heal th, safety, and welfare implications of allowing vending,
peddling and hawking under certain restrictions in specifically
designated areas of the City where it can be done in a safe and
constructive manner; and
WHEREAS, on May 10, 1988, the city Council considered a
report from the City Attorney on the subject of vending; and
WHEREAS, the City council determined that it needed
additional time to study the matter,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3381 of the Santa Monica Municipal Code
is amended to read as follows:
Section
Restrictions.
3381.
Interim
Vending
other
Notwithstanding
any
provision of this Code, no business license
pursuant to section 6103 or police permit
pursuant to Section 6120 shall be issued to
peddle, vend, or hawk any goods or food of
any kind on any sidewalk, street, roadway, or
in any park or playground within the City of
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Santa Monica and no person shall peddle,
vend, or hawk any goods or food of any kind
on any sidewalk, street, roadway, or in any
park or playground wi thin the City of Santa
Monica.
This section shall not apply to:
(a) Any activity pursuant to any
lease or I icense agreement executed by the
City of Santa Monica.
(b) Any approved participant in any
Farmer's Market or Cultural Arts and Crafts
Show (pursuant to Section 6335).
(e) Any vending, peddling or hawking
on the Santa Monica Pier approved by the
City.
(d) Any vending permitted pursuant
to Municipal Code section 3611C.
(e) Any ice cream vendor
residential district, any catering
operating at any construction site,
in any
truck
or any
catering truck operating on private property
or any jOb site.
This section shall expire and be of no
further force and effect on December 31,
1988.
SECTION 2. 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
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3.
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 the 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 4. This ordinance is declared to be an emergency
measure adopted pursuant to the provisions of city Charter
section 615 and is necessary for preserving public peace, health
and safety. The urgency of its adoption is set forth in findings
above.
SECTION 5. 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.
Pursuant to Ci ty Charter
Section 619(d), this ordinance shall take effect and be in full
force immediately after the passage and adoption thereof.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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