Loading...
SR-8-B (18) , - . . f;--f7 JUN 2 8 1988 '"'-, CA:RMM:rmd720/hpca City Council Meeting 6-28-88 Santa Monica, California :2 v -g-ooL./ 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 - 1 - cause continued e-B JON 2. a l~BB ban adopted in January will only serve to . . 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 - 2 - ~ 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 ~ .. 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. .., ~ , ! . . . , 1 , . . 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 - I - . . 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 - 2 - . . 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 - 3 - . . 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: ~~~ ROBERT M. MYERS City Attorney - 4 -