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SR-8A (12) Reso 4f.q:;Z05; q/JObj Q;;,o7 cC5 ccs c:cs n A ~ amendmenT foCb-rrlmcf#S/76 ~ ' ccs V RMD HR f \resource\share\howardsh\stperfrm\stperfB wpd OCT - 7 fS.97 Council Meeting September 16. 1997 Santa MOnica, CalIfornia To Mayor and City Council From City Staff Subject Recommendation to ConsIder an Ordinance and Resolutions ModIfying and Adding Regulations Concerning Street Performers and Persons, Including Vendors, DisplaYing or Dlstnbutlng Merchandise, Goods, Wntten Matenals and Food or Placing Objects on Public Sidewalks INTRODUCTION This staff report recommends that City Council adopt the attached ordinance revIsing regulations governing the time, place and manner of street performance within the City The report recommends revIsions to eXisting City-wide street performer regulations and gives special emphasIs to regulations governing peliormers on the Third Street Promenade and the Pier The report also recommends clarifications of the City's vending ordmance and addresses certain nghts of mdlvlduals dIsplaYing or dlstnbutlng merchandise, goods, written matenals or food BACKGROUND IndiViduals or groups who perform In public areas such as streets and Sidewalks are considered to be engaged In expressive activity protected by the First Amendment Restnctlons on such expressive activity are authonzed If tailored to serve significant governmental Interest and If alternatIve channels for commUnication are available A city can legitimately regulate street performances to ensure the safety of peliormers, their 1 8A OCT - 7 1997 audience, and the general public and to prevent unreasonable Interference with resIdents' enjoyment of peace and the ability of busmesses to operate or conduct their business Street performers generally provide a public amemty that enhances the character of the City However, street performers can and do draw crowds to their performances This can create problems by Impacting the ability of pedestnans to move safely In public thoroughfares and Impeding the response time of safety personnel Performers can sometimes perform at excessive volumes and can also Impact access to and egress from businesses The recommendations In the attached ordinance are Intended as reasonable time, place and manner restrictions which authOrize performances In a manner consistent with the overall public Interest The Crty CounCil began regulating vendors and street performers In September 1989 The City CounCil adopted Ordinance 1495, WhiCh, In addition to addressmg the regulation of vending, also defined "performer" and establIshed several pedestrian-safety requIrements related to performing The ordinance Included reqUirements that performers operate In a manner whIch does not obstruct the free movement of pedestnans, that they change theIr performance spot by at least one hundred (100) feet every thirty (30) minutes, and that they observe severallocatlonal gUidelines (I e , no performing Within ten feet of a bus stop, Within four feet of a bUilding, or Within ten feet of a bUSiness entrance) These requirements are currently applicable City-wide 2 In August 1991, the City Council adopted emergency Ordinance 1597, which established special performance regulations for the Third Street Promenade ThiS ordinance established restrictions on the hours when performers may perform on the Promenade, set forth addItional public safety requirements and prohibited amplified sound equipment I n November 1993, the City Council adopted further regulations governmg performers These regulations remam In effect today Important features of the 1993 actIOns (Ordmance 1712 and Resolution 8680) Include the follOWing 1 Establishment of a registration system for pertormers and setting of a $120 annual permit fee 2 EliminatIOn of the pnor ban on amplification and substitution Instead of maximum allowable decIbel limits which vaned according to time of day and the day of the week Higher decibel limits were permitted dUring the day, With lower limits established after 900 P m on weekdays, and after 10 00 P m on weekends 3 Designation of specific zones where performers were authOrized to pertorm Generally, these zones were established m the middle half to two-thIrds of each of the three blocks of the Promenade 4 ReVISion of some of the spatial requirements from the 1989 Ordinance (I e , performers 3 / must be 20 feet from a business entrance when performmg on the Third Street Promenade) and clarification of some safety Issues (I e , banned acrobatiC, tumbling and other potentially dangerous acts) 5 Specification that Violations of the above reqUirements would be an mfractlon, pUnishable by a fme not exceedmg $250 In July 1995, City staff recommended further refinements of the various mUnicipal code sections governing street performers City Council continued the matter and directed staff to further research Issues of nOise problems and enforcement An Information Item was presented to Council In August 1995, which reported the results of professional nOise mOnitoring The August 1995 InformatIon Item noted that an outSide nOIse consultant had studied nOIse levels generated by performers on the Promenade and found no correlation between sound amplification and whether or not the legal nOise limits were exceeded Some amplified performers were wlthm legal limits, while some non-amplified performers exceeded allowable nOise limits The Information Item also pledged further research and a return to Council With recommended reVISions to the street performer ordmance Since the August 1995 Information Item, staff has worked to develop revised recommendations on thiS Issue Staff actiVity has intensified since February 1997, With the formation of an mterdepartmental working group compnsed of representatives of the City Attorney's office, City Manager's office and the Fire, Police and Resource Management 4 Departments The group has sought advice from a professional nOise expert, a pedestrian traffic consultant, other affected Departments, the Bayslde District Corporation and the Pier Restoration Corporation Staff vIsited the Promenade and the Pier and studied Videotapes of them In order to more fully understand the dynamics of crowds In those locations The working group also received a thoughtful set of recommendations from a group representing Santa Monica street performers The Bayslde District Corporation and the Pier Restoration Corporation are both scheduled to review major components of the proposed ordinance reVISion, and staff expects to have their Input prior to Council consideration of thiS matter In June 1997, the City was sued by a street performer who had been cited by police on the Pier for failure to observe the requirement to move his pertormance every thirty (30) minutes The SUIt questions the constitutionality of thiS provIsion particularly and the Street Performer Ordinance generally Since reVISions to the challenged provIsions were already being contemplated, the City Attorney adVised the Police Department to refrain from citing performers under thIS particular proVIsion until thiS staff report and ordinance reVISion could be completed and presented to City Council for consideration DISCUSSION Current conditions regarding pedestrian flow, nOIse and Illegal vending are described below 5 Pedestrian Flow VISitorS to the Promenade on a Friday or Saturday mght will typically expenence a very popular venue Numerous shoppers, dmers, movle-goers and casual strollers JOin an eclectic mix of street performers, vendors, and non-profit and free-speech groups The Promenade also features a vanety of street furniture, landscaping features, retail pavIlions, the notable "Dmosaur" toplanes, outdoor dining areas and vendmg carts, all of which can combme to obstruct and hinder the flow of pedestnan traffic The Promenade IS an extremely successful pedestnan-onented dlstnct that has been cited as a model by other Cities throughout the nation, but there can be times when the Promenade becomes very crowded Street Performers are a common and popular component ofthe Promenade Performances Include a wide vanety of acts from single mUSICians to large bands to jugglers, comedians, artists, mimes, and even a performer specializing In rhythmic drummmg of empty 5-gallon plastiC water bottles Audience members tYPically stand ten (10) to fifteen (15) feet from a performer or performance group and often form a dense nng around the performer measunng forty (40) to fifty (50) feet In diameter, adjacent bUildings and street furniture notwlthstandmg The combination of extremely dense crowds and popular performers can choke pedestrian flow I n thiS enVironment, public safety can be compromised PubliC safety personnel also must conSider the density of crowds In the event of any major Incident 6 Fire Department officIals have calculated that If the Third Street Promenade were an enclosed space, the maximum occupant load would be approximately 5000 persons per block Staff retamed an expert specializing In crowd size determmatlons and found that on weekend evenmgs, that occupant load IS often approached or exceeded In the 1300 and 1400 blocks of the Promenade The expert further advised that VISitors tYPically stroll from one block to the next, creatmg a flUid shifting of crowds on the Promenade, particularly between the 1300 and 1400 block See the attached Exhibit A for charts showing estlmated crowd conditions on the three blocks of the Promenade In addition to the persons on the Promenade, the estimated crowd counts also Included those seated In outdoor dining areas, but did not Include persons inSide enclosed bUSiness premises Fire Department officials also conducted a series of simulated emergency response exercises deSigned to determme the length of time required to get a paramedic squad With a wheeled stretcher from an east/west cross street (I e , WIlshire, Arrzona, Santa MOnica or Broadway) to a mid-block Promenade location In summary, the 1300 block takes more time to respond than the other blocks, on average, Friday and Saturday crowds can almost double the response time from under one minute to close to two minutes This Increased response time can have significant medical Implications m certam emergency situations In early July of this year, an attempted armed robbery of a retail establishment forced the Pollee Department to close the Promenade on a busy Friday night Police personnel Implemented the closure smoothly and successfully However, the mCldent serves as 7 reminder that occurrences may anse when safety personnel must close the area sWiftly In order to preserve public safety Excessive Noise In recent years, the City has from tIme to time retained the services of Mestre Greve Associates, a firm speclallzmg m mOnltonng urban nOIse and advlsmg local governments on solutions to nOise problems, to measure nOise levels on the Promenade In August 1992, Mestre Greve staff measured nOIse levels on the Promenade and recommended certain maximum allowable decibel levels which were eventually adopted by Council as part of the November 1993 Ordinance reVISions ThiS ordmance established a maximum allowable limit of 85 decibels (dBA) until 9 00 p m on weekdays and until 1 0 00 p m on weekends Thereafter, the Ordinance established a limIt of 75 dBA until the ending time for performers (10 30 p m on weekdays and midnight on weekends) At the time of these measurements, amplified musIc was prohibited on the Promenade Nonetheless, Mestre Greve found that 17 percent of all performers exceeded the proposed 85 dBA limit, and 80% of performers exceeded the 75 dBA level The Promenade nOise limits exceed the standard CIty-wide nOise limit of 65 dBA In a commercial dlstnct ThiS higher threshold was established In recognition of the fact that the Promenade consistently has ambient nOIse levels exceeding standard City-wide maximums 8 In a return VISit on Saturday, July 15, 1995, Mestre Greve found that SIX to seven groups consistently exceeded the 85 dBA standard dUring hours It was In effect. and, later In the evening, almost every Instrument on the Promenade exceeded the 75 dBA standard On Thursday, July 20, 1995, Mestre Greve returned to test during a mid-week lunch hour period One of three groups performing at that time exceeded the 85 dBA level In July 1997, Mestre Greve conducted further nOise testing Generally, the consultant found that ambient nOise levels (Leq) ranged between 61 dBA and 67 dBA dUring weekday daytime and early evening hours AmbIent nOise levels mcreased to between 65 dBA and 80 dBA dUring peak weekend evenmgs On several occasions In recent years, Pollee Department personnel have tested ambient nOise levels and obtained comparable results The attached charts at ExhibIt B show the results of Mestre Greve's nOise mOnitoring on the Promenade. Staff and the nOise consultant engaged m extensive discussions of proper nOise mOnltonng techniques and Issues The major purpose of most mUnicipal nOise ordinances IS to limit Interference With one's ablhty to converse or carry on busmess and to allow reasonably qUiet enjoyment of one's residence Earher sCientific understandmg of nOise levels which mterfere With human sleep are currently undergOing re-examination, and experts do not agree consistently m thiS area The consultant explained that normal human speech occurs at approximately 65 dBA and that thiS IS a reasonable level for the conducting of business In an outdoor location such as the Promenade, people expect, and Will tolerate, 9 higher dBA levels The consultant advised that limits could be Imposed which recognize current ambient nOise levels and also would typically result In levels approximating 65 dBA or less inSide adjacent premises when doors and Windows are closed ThiS IS because sound attenuation charactenstlcs of a typical bUilding Will reduce nOise at these levels by approximately 20 dBA when doors and Windows are closed Naturally, different construction methods can cause vanatlons In thiS "tYPical" sound attenuation Hlstoncally, some members of the public have called for a return to the 1991 ban on amplification ThiS solution has been suggested pnmanly as a means of Simplifying enforcement of the nOise Ordinance However, banning amplification would not adequately control excessive nOise sources because, as Mestre Greve found In their 1995 monttonng, "Instrument amplification did not playa Significant role In whether or not the nOise standard was exceeded" Some performers use amplification and turn the volume down qUIte low Other performers can dramatIcally exceed current nOIse limits even Without amplification Further, according to the City Attorney, a ban on amplification would not survive a legal challenge because It would constrain performers' First Amendment rights but IS not narrowly tailored to address the real problem of excessive nOIse Illegal Vending 1 n recent years, staff has received many complaints about the number of persons who come to the City'S pedestrian-oriented commercial dIstricts for the purpose of selling handicrafts and other things Current code allows street performers Within the City to 10 create "tangible art obJects", which may then be offered to the public strictly on a donation basIs This provIsion allows the public to enJoy viewing the act of creating art or crafts In contrast to those who perform under thiS provIsion, others Simply set up a foldmg table or a blanket, without obtaining a Performance Permit, and display their handicrafts to passers- by, seeking to sell these Items Some of these artisans Indicate that they represent a non- profit or religiOUS organization, while others are Simply individuals seeking a source of personal Income The City has an Interest In controlling thiS activity for several reasons First, these vendors often Impede the free flow of pedestrians In crowded public areas Indeed, since their purpose IS generally to expose as many of their products or crafts to as many people as pOSSible, these vendors often set up their displays In the most crowded pedestrian-oriented venues of the City (particularly the Promenade and the Pier), at the busiest times of day and often Immediately In the path of the greatest number of pedestnans Second, the Crty has an mterest in regulating vendors (other than licensed street performers who perform strictly for donations) as businesses and making sure they comply With Business License regulations as well as publiC health laws, State sales tax laws, and other busmess regulations Third, the City has an Interest In maintaining high aesthetiC standards on the Promenade and In Its commercial districts For example, the City's License Agreement for the Promenade vending cart program goes Into great detail In mandating high quality design, display and operational standards Fourth, the City has an Interest In preventing unfair competition from unlicensed, unregulated vendors that would be detnmental to 11 eXisting buslnesses which are legally established, carry proper business licenses and permits, contribute tax revenue to the City and are an mtegral part of the City's strong local economy PROPOSED REVISIONS TO CURRENT REGULATIONS Staff recommends retamlng most of the current City-wide regulations governrng street performers, Includmg rules that performers may not perform wlthm ten (10) feet of a bus stop, wlthm ten (10) feet of any street corner, or Within ten (10) feet of a business entrance when that business IS open Also, eXlstmg rules such as a ban on potentIally dangerous acts and a prohibition of erectrng stages or platforms are retained Highlights of the changes to current regulations are as follows City-wide Performer Issues: 1 Proposal ReqUIre Performance PermIts for all performers who perform on the ThIrd Street Promenade, the Santa MOnlca PIer and on public Sidewalks DIscussIOn Current rules require permits only on the Promenade Expanding that requirement to also cover performers on the Pier and all Sidewalks Will give the City an opportUnity to Issue copies of applicable regulations to Virtually all performers, screen Performance Permit applications to prevent acts which Violate the City's gUidelines, and to have some basIc contact Information on file In the event that enforcement actiVity becomes necessary Staff IS not recommendmg a Simple City-Wide Performance Permit reqUIrement because staff believes other public areas, such as parks, have adequate 12 regulations governing their use 2 Proposal Eliminate the current rule regarding moving performance locations every 30 minutes DISCUSSIon ThiS rule IS Justified only In very heavily congested areas and IS proposed below only at peak times and for only two (2) blocks of Third Street Promenade 3 Proposal ReVise and expand the safety gUidelines which govern locations In which a performer may perform DISCUSSion Current code requIres performers to be at least ten (10) feet from a street corner, ten (10) feet from a bus stop and ten (10) feet from any busmess entrance Staff proposes to retain these proVISions and add a requirement that at least four (4) feet of Sidewalk be kept clear for pedestnan passage Other current proVISions would be rescmded as essentIally unworkable or unenforceable The four (4) foot clearance requirement would codify an accessibility Issue for public Sidewalks and would be consistent With gUidelines from the Americans With Disabilities Act of 1991 (ADA) 4 Proposal Prohibit the use of animals In performances DISCUSSIon Staff IS responding to complaints from members of the public who believe anlmals can be mistreated In street performance acts 5 Proposal Prohibit performers from usmg generators, wet-cell batteries (I e , 13 automotIve batteries) or other power source that poses a fire or public safety hazard Also, prohibit electrical extension cords connected to adJacent bUlldmgs or the City electrical outlets DIscussIon ThiS proposal, which IS strongly recommended by the Fire Department, would prohibit gasolme and other liqUid fuel electrical generators, together With batteries that could leak aCid If tipped-over or damaged Also, the recommendation seeks to eliminate electrical cords laid out along the public right-of-way, as these pose an obVIOUS potential tnppmg hazard Dry-cell batteries or gel-cell battenes, which are used by most Performers With amplificatIon, would continue to be permitted as they do not pose the same public safety risk 6 Proposal No performer shall perform on publiC Sidewalks With more mstruments or props than the performer can reasonably carry or remove at one time (would also apply on the Promenade and the Pier) DISCUSSIon AllOWing unlimited amounts of equipment to be set up for performances can Significantly contnbute to unsafe congestion ThiS proVISion would also ensure that m the event of an emergency, performers Will be able to qUickly and eaSily gather their equipment and eXit their performance area 7 Proposal ReqUire that no performer shall dIsplay tangible art obJects unless the obJects were created dUring the day of the performance DISCUSSIon Both current code and the proposed amendments Include m the 14 definition of "performers" those persons who create tangible art objects These artists or artisans "perform" by displaYing the act of creating art It IS the performance, or act of creating the art, which IS authorized under the performer permit The sale or display of large quantities of artworks or handicrafts IS not authOrized Therefore, to more closely preserve the publiC enjoyment of observing the performance of art creation and prevent Illegal vending, staff recommends that all such artwork be created entirely on site and dUring the day of performance 8 Proposal Any child under the age of 16 years participating In a performance would be required to first obtain an Entertainment Permit from the Callforma Department of Industrial Relations, DIVISion of Labor Standards Enforcement DISCUSSion Current City regulations do not address thiS Issue Staff has received comments from members of the public concerned about the welfare of children performers The California Labor Code regulates the use of minors In any form of public entertainment The Labor Code, for example, requires that children performers work no more than 8 hours per day, or 48 hours per week The Labor Code also prohibits chIldren from working after 10 00 P m on any day preceding a school day or until 12 30 a m on a non-school day The staff recommendation would recognize the State regulations In thiS area and reqUire children performers to obtain a State permit and adhere to those regulations 9 Proposal Require all Performers prodUCing tangible art obJects to VISibly display a CitY-Issued sign Informing the publiC that all Items displayed are available for free, With 15 voluntary donations accepted DIscussion" This provISion IS mtended to help curb Illegal vending activity, espeCIally by producers of tangible art objects, by informing the public of the stnct donation-only regulations under which street performers are allowed to perform 10 Proposal Decrease the Performer Permit Fee from $120 00 per year (payable quarterly) to $37 00 per year, and extend the processing time for Performance Permits to five (5) working days, rather than the current three (3) day rule DISCUSSion Staff currently processes approximately 175 permits per quarter Staff has completed an analYSIS of the administrative cost of ISSUing such permits, takmg mto account the staff time spent on each permit, supplies and overhead costs The staff time Involved In Issuing quarterly permits IS essentially the same as It would be to Issue annual permits, therefore staff recommends that the permits be Issued on an annual baSIS It has also been determined that the cost of Issumg a replacement permIt, should an angInal be lost, IS nearly Identical to the cost of Issuing the ongmal permit Therefore, It IS recommended that replacement permits also cost $37 00 All permits would be Issued on a calendar year baSIS and would expire December 31 of the year Issued Staff also antiCipates an Increase In the number of Performance Permit applications Since permits Will now be reqUired on the Promenade, the Pier and for performances on any public Sidewalk, and perhaps due also to the reduced permit cost ThiS Increased workload can be accommodated Without budgetary Impact If the processing penod IS slightly 16 lengthened 11 Proposal Establish an administrative procedure for revocation or suspension of performance permits upon two (2) VIolations of permit conditions Within SIX months DISCUSSion Current regulations call for three (3) criminal convictions wlthm a year before a performance permit can revoked ThiS creates an extremely high standard, and no revocations have occurred Staff recommends the proposed administrative procedure, including the right of appeal to a hearing officer, as a more realistiC enforcement mechanism ThiS procedure IS similar to the one established for bUSiness license revocation Police personnel could Issue a Notice of Violation to any performer Violating the regulations of the street performer ordmance, or could, In egregious Circumstances, Issue Citations Special Performer Regulations for Third Street Promenade: 1 Proposal Extend allowable performance hours allowed as follows Day TIme Sunday - Thursday 9 00 a m - 10 30 p m Fn - Sat 9 00 a m - Mldmght Sat - Sun (early morning hours) Midnight - 1 30 a m DISCUSSion Current regulations are more restrictive In hours, but staff feels they are not legally Justifiable The proposed 900 a m start time IS structured to allow the City'S maintenance crew to complete their dally cleaning of the Promenade Sidewalks and 17 roadway This dally washing IS tYPIcally concluded by 900 a m As to the evening hours, the 10 30 P m stop tIme on weekdays IS mtended to recognize area residents' rights to qUiet enJoyment of their homes at a reasonable hour The 10 30 stop time has been In place since 1989, and appears to be working well However, the current midnight stop time on weekends IS proposed to be extended to 1 30 am, With a strict nOIse lImitation The Promenade frequently maintains an active street life Into the early morning hours on weekends due to the presence of late night movies and outdoor dining areas, among other allowable actIVIties Staff recommends performers be allowed to perform on Fnday and Saturday nights from midnight to 1 30 a m of the follOWing day, as thiS would be consistent With current practice for bar and outdoor dining clOSing The extended late nIght hours would only be Implemented In conjunction With more strict nOIse limits In order to protect the qUiet enjoyment of reSidential uses on the Promenade (see Proposal #2 below) The 1 30 a m stop tIme IS recommended to cornclde WIth the common 1 30 a m "last call" In many bars and restaurants and In order to give performers adequate time to pack up their equipment and be ready to eXit the area at the 2 00 a m closure of outdoor dining areas 2 Proposal Establish nOise limits on the Promenade as follows Pay Time Max NOise Level (Lmax) Mon - FrI Man - Thurs 9am -7pm 7 p m - 1 0 30 P m 18 75 dBA 85 dBA Fri Sat Sun Sat - Sun 7 P m - Midnight 9 a m - Mldmght 9 a m - 10 30 P m 12 01 a m - 1 30 a m 85 dBA 85 dBA 85 dBA 65 dBA Discuss/on Note that these hours Include some penods In which street performing IS not allowed ThIs IS because the proposed Promenade nOise limits apply to all persons on the Promenade, not Just street performers DUring hours outSide those listed above, normal City-wide nOise standards would apply Current Promenade regulations allow a maximum of 85 dBA In the daytime hours, but reduce maximum nOise levels to 75 dBA between 9 00 p m and 10 30 P m on weekdays and between 10 00 P m and midnight on Fndays and Saturdays Fmdmgs In the nOIse survey Indicate that no reliable enforcement-oriented nOIse measurement of a street performer can be taken on weekends between 10 00 P m and midnight because tYPical ambIent nOise levels exceed the 75 dBA limit ThiS condition means that the 75 dBA limit IS effectively unenforceable The proposed nOIse limIts recognize the current reality of ambient nOIse on the Promenade and would be more enforceable The 65 dBA limit for late mght weekends would effectively bnng performance volumes down to a level close to the CitY-Wide nOise standards for commercial districts after midnight (the CitY-Wide limit for commercial districts after midnight IS 60 dBA) Staff recommends thiS approach as a narrowly crafted restnctlon which would create a 19 reasonable late-mght nOise standard, while stili allowing those performers whose acts are of a very qUiet nature The nOise levels proposed by staff as detailed In the table above would allow performers to be heard without disrupting the conduct of business or qUiet enjoyment of reSidents 3 Proposal Enable the City CounCil, by future Resolution, to adJust the performance hours and nOIse level requirements for holidays DISCUSSion Certain holidays are commonly non-work days for most employees and local reSidents The CounCil may wish to consider reVised performance hours and nOIse levels for such holidays For example, Saturday night rules could apply to the evening preceding a holiday, even If such holiday fell on a weekday ThiS provIsion would give CounCil more fleXibIlity In addreSSing thiS Issue through a Resolution 4 Proposal Amend current prohibition on performing dUring City-approved speCIal events The new proposal would require that performers remain sixty (60) feet from any City-approved speCial event DISCUSSion Some large speCial events encompass all three blocks of the Promenade Dunng such events, the proposed Sixty (60) foot distance reqUirement would effectively prohibit street performances dunng the event, except for those offiCially scheduled as part of the approved event However, other speCial events are smaller, comprlsmg Just one block or a portion of a block In such cases, performers mamtalnlng 20 a sixty (60) foot separation would not unreasonably Interfere With the special event 5 Proposal NOise limits would apply to all persons on the Promenade, not Just licensed street performers DISCUSSion NOIse limits are set to protect public health and common enJoyment of the public nght-of-way and should be equally and equitably applied to all persons 6 Proposal Adjust, by Resolution, the authOrized performance zones on the Promenade as shown In the attached maps (Exhibit C) DISCUSSion In an effort to explore the Issue of where performance zones should be delineated, staff analyzed the current performance zones, hired an archItect to create scale drawmgs of the Promenade, examined eXisting phYSical conditions on the Promenade, tracked pedestrian flow In and around street performers, established the proximity characteristics of performers to their audience and observed the current pattern of preferred performance locations Staff also conSidered the hours and days of the week dUring which performers should be reqUIred to perform Within the authOrized zones Staff eventually deCided to propose the performance zones Identified In the maps attached as Exhibit C to thiS staff report Performers would be reqUIred to be Within those zones at all times that performmg IS allowed ThiS pOSition was taken due to the constricted 12' roadway Width at the north and south ends of the 1200 and 1400 blocks, the presence of two major movie theaters at the north end of the 1300 block and the need to prevent potentially unsafe crowd-forming performances at these locations, which are baSically eXits 21 and entrances to the Promenade Also, changing the allowable pertormance zones based solely on "peak-time" analysIs would cause considerable confusion for the pertormers and also make clear and consistent enforcement more complicated and less effective It was also noted that even at non-peak times, the Promenade stili has the most crowded Sidewalks m the City 7 Proposal Establish, by Resolution, time periods when certain blocks of the Promenade approach maximum occupant load and establish special safety requirements dUring those penods The periods are proposed as follows Day Time Blocks Affected Friday 7 p m to 12 a m (midnight) 1300 and 1400 blocks Saturday 7 p m to 12 a m (midnight) 1300 and 1400 blocks DUring these peak periods, and only In those two (2) blocks affected, performers would be reqUIred to move to a new locatIOn every hour and would be reqUIred to be at least Sixty (60) feet from another performer and at least thirty-five (35) feet from a licensed vendor cart or an IndiVidual or group setting up a display of merchandise available for donation DISCUSSIon PortIOns of the Promenade are attracting a dense crowd during certain peak periods In recommending the limited peak penods and locations, staff examined pedestnan count data, reViewed the Fire Department's paramedic response time studies, listened to comments of Bayslde District Corporation and relied on observations documented via vldeotapmg 22 The requirement to change performance locations every hour IS Intended to prevent crowds from forming which can create extended pedestnan obstructions Havmg performers move keeps audience groups more mobile than would be expected without thiS reqUirement, and Will reduce bottlenecks ThiS Will contnbute to overall pedestrian safety Also, requIring performers to move ensures fairness to all street performers by preventing the monopolization of the "best spots" by a small group of performers The one hour recommendation IS a doubling of the current thirty (30) minute rule based upon performers' complaints that thirty (30) minutes was not enough time to set up, perform, and pack up ThiS regulation would only be applicable at peak tImes (a total of 10 hours per week) and only on the 1300 and 1400 blocks of the Promenade The sixty (60) foot performer separation proposal IS also a revIsion of an eXisting regulation Current regulations read, In part, "No person may vend or perform Within thlrty- five (35) feet of any other vendor" Since at least 1989, the Police Department has enforced a 35 foot separation rule as applicable to performers In recent months, upon adVice of the City Attorney's Office, Police personnel have stopped enforcmg that rule, because It IS vaguely worded and does not clearly say 35 feet from "any other performer or vendor" As a result, there IS currently no enforceable distance requirement separatmg performers Close proXimity of two or more performers can create dangerous constnctlons of the public right-of-way and problems of one performer "crowding" another performer's area have occurred 23 The proposed sixty (60) foot rule IS recommended based on staff's and consultant's observation that performers often attract crowds In a dense ring around themselves These crowd "nngs" often measure forty (40) to fifty (50) feet In diameter A sixty (60) foot separation requIrement between performers, applicable only at peak times, would allow safe pedestnan access through areas of adJacent performance crowds The proposed 35 foot separation between performers and licensed vendors would, because of the typical 20 - 25 foot radIUS of a performer's audience, reduce dangerous crowding near vending carts Again, thiS restnctlon would apply only 10 hours per week and only on the 1300 and 1400 blocks of the Promenade Staff conSidered, but IS not recommending, the establishment of permanent, speCifiC performance spots for peak tImes Staff believes the current system of larger performance zones allows more fleXibIlity for performers at peak times Also, staff believes assignIng speCific spots would lead to pOSSible conflicts among performers competing for the few authonzed spots, or would force the City to Issue assignments to the spots on some sort of lottery-type baSIS Such Involvement In assigning spots would entangle the City unnecessarily In the details of a performer's FIrst Amendment expression and would be difficult to administer and enforce Special Performer Regulations for the Pier 1 Proposal Staff recommends that Council, by Resolution, establish performance 24 zones on the Pier as per the attached map (Exhibit D), within which performers may perform under the general City-wide performer regulations DISCUSSion Staff retained experts to measure crowd size on the Pier Stili photography was also used to study and document pedestrian crowding conditions Also, Fire Department personnel determined maximum occupant load figures for the Pier While tYPical Pier crowds did not approach maximum occupant loads, and therefore no "peak time" restrictions are being proposed, staff and experts did observe some speCific areas of safety concern These concerns have motivated thiS performance zone proposal In general, recommended performance zones on the Pier are all publiC areas except the followmg private leasehold premises, the Pier deck parking lot, the tollbooth entry area to the parking lot, the Pier bridge, and the deck area Immediately north of the Carousel BUilding and extending past the Police Substation to the eastern edge of the beach access stairs near the Boathouse Restaurant, whIch IS prudent to keep clear for safe eXItIng purposes These restrictions are motivated by public safety to ensure pedestnan flow and the ability of public safety personnel to respond In vehIcles to emergencies and calls for service 2 Proposal Establish allowable performance hours allowed as follows Day Time Monday - Thursday 800 a m - 1000 p m Fnday 800 a m - Midnight 25 Saturday 900 a m - Midnight Sunday 9 00 a m - 10 00 P m DIScussion Recommended morning start times Monday through Saturday are consistent with City-wide construction start times The 9 00 a m Sunday start time IS recommended as consistent With the Saturday time, even though construction IS normally not allowed on Sundays The recommended evenmg stop times are consistent With the required summer clOSing hours for PaCific Park, the Pier's maJor vIsitor attraction 3 Proposal Enable the City CounCIl, by future Resolution, to adjust the performance hours and nOise level requirements for holidays DIscussion See diSCUSSion of Item 3 In Third Street Promenade section of thiS report Vending Regulations 1 Proposal Better control Illegal vending by defining vending to Include requiring someone "to pay a fee or to set, negotiate, or establish a fee before proViding goods or services" ReqUire all persons displaYing any food, goods, wntten materials or merchandise In any public area, and making such goods available to the public free of charge, to VISIbly dIsplay a CitY-Issued sign stating that all Items displayed are avaIlable for free, With voluntary donations accepted 26 DISCUSSion Persons uSing the public streets to display theIr products, handicrafts or artwork generally fall Into one of three categories First, they may be street performers Performers Will be required to have a valid street performer permit, follow all applicable performer gUidelines, and display a sign Indicating that Items displayed are available on a donation basIs The required slgnage would be made available at the Police Information booth on the Promenade and at the Police Sub-station on the Pier They could not "charge" for their products and could only display products created entirely on site and dUring the day of the performance Second, they may be legal vendors Legal vendors are only allowed under special license agreement as part of the Promenade vendor cart program, under speCIal License Agreement on the Pier, at SIX (6) speCific downtown locations, or as mobile, vehicle-based vendors Other vendors are Illegal, and enforcement action IS needed to keep thiS group from becoming established at vlsltor-onented venues Within the City such as the Promenade and the Pier Vending IS speCifically prohibited In City parks or on the beach A third group of vendors are IndiViduals or organizations that are selling message-onented Items that express a political, religiOUS, philosophical or Ideological pOint of view Recent court cases give such indiVIduals or groups certain rights to engage In what staff calls, for lack of a better term, "free-speech vending" The City has an Interest In regulating such expression In terms of preserving quality aesthetiCS In public areas, ensunng public safety, and preventing unfair competition With local bUSinesses Staff recommends that the City 27 Manager be authorized to make accommodations for such free-speech vending within the eXisting licensed vending cart programs or through other simIlar means Such free-speech vendors would be reqUired to obtain a City Business License Promenade Vending Carts Staff recommends a series of changes to the operatIOn of the Promenade vending cart program All of the recommendations are desIgned to enhance pedestrian safety on the Promenade These changes can be administratively Implemented by drafting an amended License Agreement with the current cart program operator, Promenade Services, Inc 1 Proposal Establish a maximum allowable number of vending carts for each block DIscussIon No maximum eXists In the current Promenade Services License Agreement Approximately 32 carts are typically present at peak times on the Promenade Staff antiCipates negotlatmg a substantial reduction In the overall number of carts and a more even distribution of the carts throughout the three blocks of the Promenade Staff Will negotiate an appropnate maximum number of carts per block, taking Into conSideration the safe patterns of pedestrian flow, the economic Viability of the overall cart program, the locatIon of street furniture, street trees, water fountains, and other elements of the bUilt enVironment, and Will ensure that the number of carts on the Promenade does not Inhibit or restnct other actiVities, mcludlng street performers 2 Proposal Vending carts should be reqUired to operate Within the same performance 28 zones (see Exhibit C) established for street performers DISCUSSion The same pedestrian safety and other safety concerns apply to vending carts as apply to street performers Staff recognizes the need to keep the Ingress and egress areas of each block as free of obstructions as pOSSible 3 Proposal VendIng carts should be aSSigned speCific locations on the Promenade, With such locations carefully planned to be compatible With the estimated number of street performers In each block, and In conSIderation of vanous elements of street furniture and other pedestrian blockages, particularly dUring the peak weekend evening hours DISCUSSion SpeCific locations Will be selected In an effort to minimiZe Impact on safe pedestrian flow Most locatIOns Will be adjacent to street light poles from whIch licensed vendors are authonzed to draw electrical power Because the vendIng carts are being limited to a maximum number per block and aSSigned to speCifiC locations, and because they have limited mobility, they Will be afforded prlonty In occuPYing their aSSigned locations Dunng peak periods, any street performer Within thIrty-five (35) feet of a deSignated vendor location Will be asked to move to accommodate the vending cart 4 Proposal Carts must be positioned on the Sidewalk, and out of the Promenade roadway, which IS the largest unobstructed path of travel for publiC use and emergency vehicles Carts must be also Oriented In a north/south direction In order to minimize dIsruption to normal pedestrian flow. Further, no more than two (2) carts can congregate together 29 DIscussIOn These recommendations are further safety and pedestnan-flow proposals developed In consultation with Bayslde District staff and the current cart program Licensee and Will be Incorporated In the new cart program LIcense Agreement Enforcement Enforcement of the street performer ordinance has always been difficult, and has been the subJect of much public diSCUSSion Staff recommends several approaches to enhanced enforcement 1 Proposal The Police Department should retain enforcement responSibility DISCUSSion Staff considered other options, but none seemed appropriate 2 Proposal AuthOrized Police personnel should obtam additional training In nOise mOnitoring from the City'S nOise consultant, Mestre Greve ASSOCiates DIscuss/on ThIS training should augment current traInIng offered by the manufacturer of the Police Department's sound mOnltonng equipment, and would emphaSize proper procedures for testing and recordmg nOise levels In the difficult environments such as the Promenade 3 Proposal Additional Police personnel should administratively be given limited authonty to Issue Notices of ViolatIons to performers Violating proVISions of the adopted street performer ordinance DISCUSSion ThiS authonty, In conJunction With the proposed CitY-Wide regulation that 30 would allow administrative revocation or suspension of a street performer's license, with right of appeal, will greatly aid In the enforceability of the street performer ordinance Personnel with authority to write violation notices could be the Community Service Officers (CSO's) on the Promenade, and Harbor Guards at the Pier Such notices are not offiCial Citations and would not carry monetary fines The Issuance of a Citation begms a court hearing process, the Notices of Violation would be part of a City administrative process, similar to the revocation of a City BUSiness License For more serious Violations, Citations can be Issued ThiS proposal would not authOrize eso's or Harbor Guards to take formal enforcement action against Illegal vendors The current procedure for CSO's or Harbor Guards who witness an Illegal vending operation IS to radiO for assistance from a sworn Police Officer, who IS expected to Investigate the Situation and decide whether to Issue a Citation That procedure would be retained BUDGET/FINANCIAL IMPACT The recommended action has no direct budgeUflnanclallmpact. RECOMMENDA TION Staff recommends that City Council Introduce for first reading the attached Ordinance adding Chapters 6 112 and 6 116 and Section 3 12 375 to the Santa Monica MUniCipal Code and amending Chapter 636 and Section 3 36 150 of the MUniCipal Code relating to street performers and persons, mcludlng vendors, displaYing or dIstributing merchandise, goods, written matenals and food, or plaCing objects on public Sidewalks 31 Staff also recommends the adoption of the attached Resolutions which establish designated Promenade performance zones, designated Pier performance zones, sets the hours and locations of certain peak periods on the Promenade dunng which additIOnal performer regulations become applicable, and sets fees for the Issuance of performance permits Staff further recommends that CouncIl authOrize the City Manager to negotiate and execute a revised License Agreement With Promenade Services, Inc incorporating the proposals outlined In thiS staff report, authonze the City manager to take steps to accommodate "free-speech vendors" on the Promenade and the Pier and direct the City Manager to take steps necessary to Implement the recommendations found In the "Enforcement" section of thiS staff report Prepared by Jeff Mathieu, Director of Resource Management Marsha Moutne, City Attorney Jim Butts, Chief of Police Ettore Berardinelli, Fire Chief Jim Hone, Fire Marshall Howard Robinson, Economic Development Manager AliCia Cortnte, Chief Deputy City Attorney Barry Rosenbaum, Deputy City Attorney George Centeno, Lieutenant. SMPD Katie Llchtlg, Senior Management Analyst, CIty Manager's Office Ian Page, Sergeant, SMPD Gwen Pentecost, Senior Administrative Analyst 32 Exhibits A B C 0 E F G H Charts Showing Estimated Crowd Sizes on the Third Street Promenade Charts ShOWing Results of NOise Monitoring on the Third Street Promenade Maps shOWing proposed performance zones on the Third Street Promenade Map shOWing the proposed performance zone on the Santa MOnica Pier Draft Ordinance Draft Resolution Establishing Special Zones for Performers, Vendors and Others on the Third Street Promenade (Resolution #1) Draft Resolution Establishing Special Zones for Street Performers, Vendors and Others on the Santa MOnica Pier (Resolution #2) Draft ResolutIOn Establishing FIling Fees for a Performance Permit and a Replacement Performance Permit (Resolution #3) 33 Range of Fnday Pedestrian Counts, 1200 Block 6000 _ 5000 _ 4000 ~ D H.ghesl Reading . Lowe51 Reading 3COO _ 2000. lCOO . 0 I -1 r ::;; ::;; :::;; :::;; :::;; :::;; :::;; ::;; ::;; ::;; ::;; :::;; ::;; :::;; :::;; :::;; :::;; :::;; ::;; tL C>- C>- C>- C>- C>- C>- C>- C>- tL C>- a.. a.. D- D- "- D- D- C>- 8 0 8 0 8 ?l 8 g 8 0 8 0 8 0 8 ~ 8 ?l 8 ('" '" '" ("'- '" '" '" '" '" ... ... It) In co <D I'- I'- ex> co '" '" e e ;: m-... ::;; :::;; :::;; "- <{ <( g 8 '" "' ;: ~ N ~ Range of Fnday Pedestnan Counts, 1300 Block 9000 _ 8000 _ 7000 ~ 6000 ; 5000 .1 ! 4000 t i 3000 1 I 2000 1 1000 ~ D :::;; :::;; 0.. 0.. 0 0 0 '" '" '" i1 III Highest Reading . Lowest Readrng & / ~ .....- .... .. :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; 0.. 0.. 0.. 0.. 0.. 0- 0- Il. 0.. D- o.. CL CL D- o. D- ee D- <{ < 0 <> 0 0 0 0 0 0 0 <> 0 0 0 <> 0 <> 0 0 <> 0 0 '" 0 '" 0 '" 0 ... 0 '" 0 '" 0 '" 0 '" 0 '" 0 0 '" '" ... ... It) It) <0 :c I'- "- co '" '" m 0 ~ ;: - ~ ~ ~ ~ Range of Fnday Pedestrian Counts, 1400 Block 6000 _ 5000 : A ; 4000 : i I 3000 t i D Hl\lhe51 "-"adong i. Lowest Readrng .0' . 2000 .:. 1000 + 0 :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; :::;; ::;; :::;; :::;; :::;; :::;; :::;; ::;; :::;; :::;; :::;; D- D- D- eL eL eL eL D- O- 0- 0- 0- D. C>- O- 0- 0- 0- !l. !l. <{ <{ 0 co co 0 0 0 0 0 0 '" 0 0 0 0 co <> 0 0 '" S!: 0 0 '" '" 0 '" 0 '" 0 '" '" '" '" '" '" '" 0 '" 0 '" '" 0 ('" '" N '" '" ... ... It) It) '" '" I'-- I'- '" to '" '" ~ ~ ~ ;: :-' ~ - Counts taken July 25, August 1, August 22. 1997 Exhlblt A. p. 2 Range of Saturday Pedestnan Counts, 1200 Block 6OO1l 5000 4000 [] Hoghest Reading . L<JWl3St Reading 3000 200Q 1l)oo _ 0 ::;: ::;: ::;: ::;: ::;: ::;: ::;; ::;; ::;; ::;; ::;; ::;: ::;; ::;; ::;; ::;; ::> ::;; ::;; r ::;: ::;; 0.. !1- 0.. 0.. 0.. 0.. ::L 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. ::L :i. 0.. 0.. <( <. a a a a a a a a a a a a a a a a a a a a a ~ a M a M a M a M a M a M a M a M co .... a M a N <'- ..., M ... on ..., '" CD ..... ..... ." '" '" 0 ~ ~ S:- ~, ~ Range of Saturday Pedestna n Counts, 1300 Block 90CC _ 8000 . o H'ghest Reading . Lowes1 Read;ng \ 7000 _ 6000 + 1000 5000 ' r 4000 i t 3COIJ~ 2000 0 0 ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;; ::;: ::;; ::;; ::;: ::;: ::;; ::;: ::;; c- o.. 0.. c- o.. 0.. 0.. 0.. 0.. 0.. ::L 0.. 0.. 0.. ::L 0.. 0.. 0.. 0.. 0.. <( <( a 0 a a a a a a a a a a a a a a a <:> a a 0 a a M 0 M 0 r 0 ,.., a ,.., a ,.., a M a M a '" a r a a '" N M M ... ... on ..., CD on ..... a;) a;) a'. J" a ;' ;: '" Range of Saturday Pedestrian Counts, 1400 Block 14000 T 12000 -'- . , D Htghest Reading (LabOr Day weekend) 10000 ~ . Lawesl Reading " " 8000 ~ - !. ... 6000 ",;0. J 40110 ~ ".. #0 ; 110.- 2000 - -. .~ .. C-,! ...- ...... -...... . or - ... t I 0 ::;; ::;: ::;: ::;: ::;; ::;; ::;; ::;; ::;; :::;: ::;; ::;; ::;; ::;; ::;; ::;; ::;: ::;: ::;; ::;: :; ::;; 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. :l.. (L Il. 0.. 0.. <( <( a a a a 0 a a a a <::> a 0 a a 0 a 0 0 co 0 a s: a M a M a M a M a M a ""' C r a '" a M co '" C N N '" M ..,. ... '" '" '" '" ..... r-- .., .., a' ID ~ s: ~ ~ .-.,s ~ ~ ~ Counts taken July 26, August 2, August 23, August 30, 1997 Exhlblt A, p. 3 Average Sunday Pedes1nan Counts 1200 Block 4000 _ 3500 ' 3000 ~ 2500 .:. 2000 ~ 1500 ~ ; 1000 ; t 500 ~ 0 :; :;: :;: ::;: ::;: ::;: :;: ::;: ::;: ::;; :;: t.. "- "- CL Cl. "- "- CL "- 0.. n. 8 0 8 0 <) 2 0 2 0 g c ,., ,., 0 a 0 0 '" ('J ,., ,., ... ... " "" <0 '" r-- :;: "- a o w :;: "- ?! '" ::;: ::;: ::;: ::;: n. Cl. <L 0.. 0 i;J g g 0 ~ ~ :: ~ ~ ::;; CL g '" :;: "- o o '" ::;; CL g I'- A',erage Su"day Fedesman Counls 1300 Block 40CC _ 3500 ~ 3000 ~ 2500 ~ 500 2000 ~ 1500 t 1000 + 0 ::;; ::;; ::;: ::;; ::;: ::;: E: ::;; ::;; ::;; ::;; ::;; :;: ::;; ::;; ::;; ::;: :;: :;: :;: CL CL "- "- 0.. 0- CL 0- "- CL 0- "- Il. CL CL lO- "- Il. CL 8 0 8 0 8 0 0 2 0 0 8 0 8 2 0 g is 0 8 0 ,., ,., ,., 0 0 <'" .... 0 <" .... N " '" <'" .". ... '" "" <D <D .... '" '" Cl m ~ 0 :: Average Sunday Pedes1nan Counts . 400 Block 4000 _ 3500 T 3000 t" 2500 ; 2000 .i- 1500 ~ '000 ~ N ::;: 0- o ,., ('J ::;; ::;; ::;: "- CL 0- 8 g 8 '" ,., ... ~ ::;: 0- o ,., ... ::;; 0- o o '" ::;; CL o <'> "" ::;: ::;; 0- u- o 0 ,., 0 <0 r-- ::;; ll. o <'> ::;; CL 8 '" ::;: "- a o '" ::;; ::;; 0- CL o 0 <'> 0 m 0 ::;: "- ::;; "- g w ::;; CL ~ 8 <D Counts taken July 27, August 3, August 24. 1997 ::;: CL 8 :: ::;; "- c ,., :: Exhlbl.t A, p. 4 Santa \lonica Pier Pedestrian Counts Fnday Pedestnan Counts, Santa Monica Pier 2500 ~ ! ,A 2000_ J/" "- "- :-. " -~ ;" :. .. f 1000 500 0 :2 ::;: ::;; :2 :2 :2 :2 :2 ::;: ::;; :2 :2 a. a. a. Ce 0.. 0.. 0.. a. 0.. 0.. a. :l.. 0 0 0 0 0 0 <::> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ N ,., " .n <C ..... '" 0> 2 :: Saturday Pedestnan Counts, Santa MOnica PIer 3500 ~ i 3DOO ~ 4\ 2500 _ /,( .... _/'1. . 1500 1000 500 0 :2 ::;; ::;; ::;; ::;; t: :2 il: :2 :2 ::;; :;; 0.. :l.. 0.. 0.. 0.. 0.. CL .:L 0.. 0- 0 0 0 0 0 0 a 0 0 0 '" 0 <> '" 0 0 0 <> 0 C <:> 0 <:> '" ~ N ,., '<t ~.., '" ..... co Ol 2 - - Sunday Pedestrian Counts, Santa MOnica Pier 3500 3000 /" / .'/.... ..... ~ I .~- ........ .. .... 250J 20DO , ... .~ 1500 - .. - ~i ,. - ... I ... . I 1000 seo . 0 ::;: ::;; ::;;- ::;: ::;;- ::;: ::;: ::;: ::;; ::;;- ::;; ::;: ::;; :;; ::;: ::;; ::;; ~ :2 ::;: 0.. 0.. Q.. :l.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0 0 0 0 0 c c 0 0 0 0 '" 0 0 0 Q '" 0 0 0 0 <", 0 ... 0 0"' 0 ,., 0 ..., 0 ,., 0 '" <:> 0 <'" c "" ~ ~ - - N N ..., '" ..,. " L'> k'" en CD t_ ~ co '" J' 0> Counts taken July 26, 27. August 1 - 3. August 8. 1997 Exhiblt A. p. 5 Third St. Promenade Average Weekend Hourly Noise Levels Saturday Hourly Average Noise Level 95 -. 90 i ; I I - -j 85 i 80 I 75 70 65 60 55 500 PM 600 PM 700 PM 11 00 PM 1200 AM 800 PM 900 PM 1000 PM Sunday Hourly Average Noise Level 90 _ _ _ ; I 85 i 80 75 70 60 ; 55 4 00 PM 5 00 PM 6 00 PM 7 00 PM 8 00 PM 9 00 PM LMAX = LEO = LMIN = - = Maximum sound level reached Average sound level over 2-mnute penod Lowest sound level reached Proposed sound level maximum ExhIbIt B OLMAX [l LEa .LMIN o LMAX IlJ LEa .LMIN Page 1 LMAX = LEO = LMIN = -= 100 ,_ ____ j 951 9O~ ! i 85i I 80i I 75 I I 70 ' 65 60 55 Third St. Promenade Average Weekday Noise Levels Weekday (Wednesday) Average Hourly Noise Levels L ---- ~-----L 400 PM 500PM 600 PM 700 PM 8 00 PM Maximum sound level reached Average sound level over 2-mlnute penod Lowest sound level reached Proposed sound level maximum 900 PM ExhIbIt B o LrvlA.X IJ LEQ .LMIN Page 2 Wilshire -l .. :::r ~ m :il I -l ... ~ (f) a 2" II: ;;; 0 ..... m 1201 a. c -0 1202 (f) ;a ..... 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( <1 o r o '" :> <;;I o ~ T"'Tr'" OCEAN AVE Exhlblt D f \atty\mum\laws\barry\prom5 City Council Meetmg 9-16-97 Santa Momca, Callforma ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTERS 6 112,6116 AND SECTION 3 12375 TO THE SANTA MONICA MUNICIPAL CODE AND AMENDING CHAPTER 636 AND SECTION 3 36150 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO STREET PERFORMERS AND PERSONS, INCLUDING VENDORS, UTILIZING TABLES, CARTS, BLANKETS, OR SIMILAR ITEMS FOR THE PURPOSE OF DISPLAYING OR DISTRIBUTING MERCHANDISE, GOODS, WRITTEN MATERIALS, OR FOOD OR PLACING OBJECTS ON PUBLIC SIDEWALKS THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOllOWS SECTION 1 Chapter 6 112 IS hereby added to the Santa Momca Municipal Code to read as follows CHAPTER 6 112 STREET PERFORMERS 6.112.010 Purpose The CIty Council finds that the eXistence In the CIty of street performers provides a public amenity that enhances the character of the CIty and seeks to encourage such performances In a manner consistent with the 1 overall public interest. The City Council also recognizes that street performers seek to and do draw crowds to their performance This can create serious safety problems by Impacting the ability of pedestnans to mM safely on sidewalks and through cross walks and Impeding the response time of safety persOnn~ It can also Impact access to and egress from businesses Cognizant that street performers are engaged In First Amendment activities, thiS chapter Imposes reasonable time place, and manner restrictions on street performers to the extent necessary to ensure the safety of performers. their audience, and the general public and to prevent unreasonable Interference With residents' enJoyment of peace and qUiet In their homes or the ability of businesses to operate and conduct their busIness 6.112 020 Definitions. For purposes of thiS Chapter. the following words or phrases shall have the following meanings (a) Charge To require someonei:tQ 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 sohcltlng donations after a performance IS not a charge (b) Performer. An IndIVIdual or group who performs In a public area for the purpose of providing publiC entertainment. (c) Perform To engage In artistic endeavors Including, but not limited to. the follOWing activities plaYing mUSIC, singing, danCing. acting, 2 pantomiming, puppeteenng Jugglmg, recltmg, or creating tangible art obJects 'Perform" shall not mclude the production of Items for sale or for a charge {I:I~ Public Areas Sidewalks, parkways, playgrounds and all other public spaces located In the City ((;t) The Pier The Santa MOnica Pier, consisting of both the Newcomb Pier and the MUnicipal Pier. protrudmg from the Santa MOnica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately 2135 feet Into the Santa MOnica Bay (f) Third Street Promenade. Third Street between the southeasterly line of Wilshire Boulevard and the northwesterly line of Anzona Avenue, and between the southeasterly line of Arizona Avenue and the northwesterly line of Santa Momca Boulevard and between the southeasterly line of Santa MOnica Boulevard and the northwesterly Ime of Broadway 6 112 030 Rules and Regulations (a) Subject also to Section 6 112050 and Section 6 112.060, no performer may perform (1) Wlthm ten (10) feet of any bus $top. (2) Within ten (10) feet of any street corner or a marked pedestnan ~s~lk.: (3) Within ten (10) feet of the outer edge of any entrance of any busIness. Including but not limited to, doors vestibules; dnveways. outdoor dining area entries. and emergency eXits, dUring the hours that any business on the premises IS open to the public or to persons having or conductmg 3 lawful business within those premises. (4) Wlthm one hundred (100) feet of a school, library. hospital or simIlar health care institution. or place of worship while In use (1:)) No person may perform on the Third Street Promenade. the Pier or any public sidewalk without first obtaining a performance permIt Issued by the City pursuant to Section 6 112 040. (c) A performer may not block or obstruct the free movement of pedestrians If a suffiCient crowd gathers to observe a performer such that the passage of the public through a public area IS blocked a police officer or fire official may disperse that portIon of the crowd that IS blocking the p~ss~ge:of:thepubhc If a performer cannot conduct a performance In a location without blocking the passage of the public, a pollee officer or fire official may cause the performer to leave the location. but shall not prevent the performer from occuPYing another location In compliance with this ~~apt~[, (d) A performer who performs for a charge shall obtain a business li~l1s~:' and be subJect to all applicable B~j$lons of Chapter 6 36 A performer who performs without charge shall not be required to obtain a vendor permit pursuant to Chapter 6 36 or a business license pursuant to Chapter~H04.< (e) No performer shall construct, erect. or maintain any stage, platform, or similar structure for use dunng any performance~ 4 ('0 No performer shall use any knife, sword, torch, flame. axe, saw, or other object that can cause seript1sbod~wilijury to any persoti~ot:eggage In any activity. including but not limited to, acrobatics. tumbling, or umcychng. that can cause senous bodily injury to any person (9) No performer shall utilize an animal as part of the performance (h) No performer shall use any generator, wet cell battery. or other power source that poses a fire or public s~ty hazard No performet~pall connect or maintain an electrical cord 10 an adjacent bUilding or to a City power source (I) No performer may litter hiS or her performance site 0) No performer shall dIsplay tangible art objects unless the objects are indiVidually hand-produced on site and dUring the day of the performance. (k) No performer shall utilize or prevent the public from utiliZing any publiC benches. waste receptacles, or other street furnIture dUring the performance (I) No mmor under the age of 16 can perform unless the minor has obtamed a Entertainment Work PermIt Issued by the Department of Industrial Relations of the State of California and maintains the permttin hJ$lher possession at the tIme of the performance (m) No performer shall place any obJects on a public sidewalk which causes less than four (4) contIguous feet of the Sidewalk to be kept clear for pede,$1rianpassagt;f. .. 5 (n) No performer shall perform on any public sidewalk with more Instruments or props than the performer can reasonably carry or remove at one time. 6 112 040 Performer's Permit (fl) To receive a performance permit. a person must complete and fil~ with the City a performance permit application on a form approved by the City The apphcant(s) must provide the follOWing Information. ~~~ The names of all Individuals performing under the permit (2) The addresses of all individuals performing under the ~rm1t.. M~ . . f~' Proof of the Identity of the performer(s) Acceptable proof of Identity shallrnclude. but not be hmlted to, a dnver's license, SOCial secunty card student Identification card. or passport (4) A descriptIon of the nature of the act to be performed (~) A descnptlon of any Instrument(s) or prop(s) which Will be used by the performer(s). (6) If a group IS performing under the permit. a designatIon of the mdlvldual. and alternate who Will be responsible for comphance with the provIsIons of thiS Chapter and who Will be present when the group IS performing (7) A minor under the age ~~ixteen (16) shall prOVide a copy of a Entertainment Work Permit Issued to the minor by the Department of 6 Industrial Relations of the State of California. (b) The performance permit Will be Issued annually commencIng on January 1 st of each calendar year. (c) Upon receipt of a written application for a performance permit. a performance permIt shall be approved wlthm five (5) bUSiness days of the filing of a fully completed application, unless one of the follOWing findings IS made: ~~.~ The applicant has knOWingly made a false, misleading. or fraudulent statement of fact to the City In the application process (2) The application does not contain the Information required by thiS Chapter (3) The applicant has not satisfied the requirements of thiS ~~apt~f:~ (4) The City may condition the approval of any performance permit to ensure compliance With thiS Chapter (e) The City may revoke or suspend a performance permit upon the commiSSion of the second Violation of permit conditions or other requirements of this Chapter Within a SIX (6) month period In any such case. the permit holder shall have the right to appeal from a deCISion of the City to revoke or suspend any permit In accordance With Chapter 6 16 of thiS Code If the performance permit of any performer IS revoked. another such permit shall not be granted to such person Within SIX (6) months after the date of such revocation The City may establish administrative gUidelines to assist 7 In the Implementation of this Section t'O No application for a performance permit or the renewal thereof shall be accepted unless the application IS accompamed by a payment of a non-refundable annual fee In an amount to be set by resolution adopted by the City Council (g) The performance permit shall not be assignable or transferable and shall contain the permit number of the applicant and the year In which the permit explres~ (h) A replacement performance permit may be obtained upon payment of a non-refundable fee In an amount to be set by resolution adopted by the City Council (t) A performer shall clearly display hiS or her permit while performing. and shall allow inspection of the permit by any City police or fire offiCial on request u1 Performers prodUCing tangible art objects Intended to be available for dlstnbutlon to any member of the public shall vIsibly display a sign. to be Issued at no charg~t,Jy the City. which indicates that allttems displayed are available for free. with voluntary donations accepted (k) The City Council may by resolution adjust the performance hours and nOise limitations established In thiS Chapter dunng public holidays (I) Upon Issuing a permit, the City shall also give the performer a document which summaljzes the rules and regulations concernmg street performances In the City ThiS document may be but IS not reqUired to be 8 a copy of this Chapter 6 112 050 Special Regulations for Third Street Promenade In additIon to the requirements of Section 6 112.030 and 6 112 040, no performer shall perform In the Third Street Promenade outside of an enCJ~$e:d bUilding In violation of the following requirements (~) No performer shall perform except dUring the following time pe~s~ (1) (2) 9 00 a m to 10 30 P m dally 10"30 P m on Friday and Saturday to 1.30 a m of the following day~ (b) No performer shall perform Within Sixty (60) feet of any special event authOrized by the City (oj No performer shall perform With more Instruments or props than the performer can reasonably carry or re~~~tonetime. (g~ Performances shall be limited to deSIgnated performance zones, as established by resolution of the City Council (e) As established by City Council resolution. dUring the time penods when any block or blocks of the Third Street Promenade are at or near maximum occupant load. no person Within that block(s) may (1) Perform In any speCific location Within a deSignated performance zone, or WIthin 100 teet at that location for more than one (1) hour In any three (3) hour period This one (1) hour time limit shall Include the time reqUired to set-up any Instruments or props prior to the performance and to 9 remove any and all instruments or props after the performance (2) Perform within SIXty (60) feet of any other perfonner or within thlrty- fIve (35) feet of a vendor or any other person utilizing a table cart blanket, or sirgilarit~mforth~ purpose of displaYing or dlstnbutlng merchandise; goods, wntten materials, or food. 6 112 060. Special Regulations for the Pier In additIon to the requirements of Section 6 112030 and 6 112040 no performer shall perform on the Pier outside of an enclosed bUilding In violation of the following requirements' {(.\} Performances shall be limited to designated performance zones. as established by resolution of the City Council \~} No performer shall perform except dunng the follOWing time ....d.. pmp $. (1) 800 a m to 1000 P m Monday thru Thursday (2) 800 a m to 1200 a m (mIdnight) on Friday (3) 900 a m to 1200 a.m (mIdnight) on Saturday:~ (4) 900 a m to 1000 P m on Sunday (c) No performer shall perform within Sixty (60) feet of any special event authorized by the City (g~ No performer shall perform with more Instruments or props than that performer can reasonably carry or renll)'E:tatti'iietime~ 10 Section 6 112.070 Penalties Any person violating this Chapter shall be gUilty of an Infraction. which shall be pUnishable by a fine not exceeding two hundred fifty dollars ($25000) per violatIon In additIon to the:~mes herein, any condition caused or permItted to eXist In violation of the provIsions of this Section shall g~ deemed a public nUisance and may be. by this City. summanly abated as such. and each day such condition continues shall be regarded as a new and separate offense 6 112080 Exemptions This Chapter shall not apply to (a) ActIVIties approved pursuant to Sections 336 180, 636040 to 6 36 070. and 6.44 060 of the Santa MOnica MUnicipal Code (0) Any approved participant In any Farmer s Market~ (c) Any approved participant In any speCial event authOrized by the City; (d) Any approved participant In any cultural arts and crafts show pursuant to Section 6 40 060 of this Code SECTION 2 Santa MOnica MUnicipal Code SectIon 6 36 010 IS amended to read as follows 11 6.36.010 Findings and purpose. The City Council of the City of Santa MOnica finds and declares as follows (a) The City IS extremely dense with a land area of Just 8 square miles and a population of approximately 90,000 people Moreover. the combination of an oceanside location, fine climate, and the availability of urban facIlities, services and entertainments make the City an extremely desirable place to work or VISit Consequently, a large number of non- residents come Into the City to work or recreate each day On weekdays approximately 300,000 people are present within the City On weekends the number swells to as high as 500,000 Thus, population density and congestion both present threats to the quality of lIfe In the City partIcularly In the City's downtown business district which IS the most crowded area within the City (b) To protect the public health and safety and ensure safe pedestnan and motorist traffic, the City needs eqUitable, Uniform vending regulations (c) Unregulated vending, from pushcarts, motor vehicles, stands, or by persons-;- contnbutes to traffic congestion and thereby Impedes the orderly rllOvementpf pedestrian and motorist traffic (c) The unregulated use of congested streets and Sidewalks by vendors may make the streets and walkways unsafe for motorists, pedestrians, and vendors 12 (d) The City has adopted a series of comprehensive plans and development gUides which promote the City s aesthetic Interests generally and the aesthetics of Its public space specifically Included among these plans are the Bayslde District Specific Plan, the Downtown Urban Design plan, and the Santa Momca Pier Design GUidelines. Through the adoption of these plans and specIfiC legislation. the City IS affirmatively seeking to eliminate visual blight on the public rights-at-way including the visual blight caused by unsightly vendor stands Santa MOnica IS deSigned to be a City where people are encouraged and able to walk through a safe and attractive street environment (e) The City presently has a Vibrant and stable merchant commumty Uncontrolled street vending would constitute unfair competition and could serve to undermine the City'S commercial life by redUCing sales trom local merchants and eroding the City's tax revenues (-1\ ....J "__&__11_-1 __-I ____.._. ._.... __ . ___-1.__ __.... ...... ....11 ,-""VIII.IVII9i;iU 011\..1 "'VII~"I"n","'JVv YvIIUIII~ g.....L1yll.' VVIII II11tJlVYv ..1-_ Lllw ______._ _ _-I ___..1-_..._ _. ._1..... _Z 1..1:_ ._ ..1-_ ro..... _Z ~__.._ .. ..__.__ 'l;ivVI lUll II""'" QII'l.I Q'IiI:i~LllvU'" "'IUQ11L1 VI Ulv II I Lllv '-'11.1 VI .......UI n.u IYIVlllvQ 1_\ TL..___ ___. .1_....___ __-.. .1...____1._1.. ___I. ..._ J.._L.....I.. ___..L__I __.-I \v/ IJI'V1lJI"iI:;i 1"Ii:i~UIULlVII~ ~lllluILall~\Ju~11 ~v'li:in. LV LI::::tI'Lll ,""VIILlVI 1(;11111..I ____. ....___ ...__..J.__ __.a... ....... ...1 .\"oV..., ,..~... "...,'....II'~ ,........''''.J' J.D. 1""\.__1-1_-1 .--1.. ..-I. ._1_ \IJ L.l'1.;JQlrJ'lv\.t IIIUIYll",I\.U;U..;) ___ -1.---.-.--..--1 ___.__.. ._ ___1_..___& Qlv .....1..;J...,~llllIllgLII;;iiU g~~UII~L III vlll.......v,lllvll, ----...... .-.....-- .- -..- ----. .-........ v....,.....VJ \.UllIll'W"..;) III VUI YVIIIII no.1I 11"1 .. 1__.. __oo ._.._ ___1_. .__ _____.._ ._ .1:__.1....__ IVIQIIY tlllYULv vlll..,IUI....I.... "".....-wI QlLv III Ja\Jllnlv~ '-1-_.. __.. ______.1-1_ .._ -1.__1-1_ ._...... ..-I. ._1_ "I U::;ill c:u II;;; IIV.. g..........v....~I...,lv LV Ul.o:JQLI'lv IIIUIVI'\.,U,.U.UWI n__...-I.__ ..__-1.__ I t""YI.....III~ Y'-IIYIII~ __ __..... ._....__ Z__ -1.__1-1_-1 ._ -I.. ..-I. ._1_ ._ ____._..__.. .. ....I- ...._-1___1 __-I ~.._.._ V..,,..,V'I "Ulln.lv~ IVI '.U~C:iIIJly\,A III\,AIV IUUQI..;) I~ "\JVII~l~LwllL VVILII I 1IIi;i......1;;ii1 QI QI ~u "VlQ"''W __1._.- I-'VII\"oJ' 13 SECTION 3 Santa MOnica MUnicipal Code Section 6 36 020 IS hereby amended to read as follows 6.36.020 Definitions. For purposes of this Chapter, the follOWing words or phrases shall have the follOWing meanings I~\ "I..~___ T~ _~_. ..__ _______ ~_ _~.. ~ &__ 1.._&___ ____n n__ ___...._ \gl Vllgll:f'W' IV 1'W'\.1Ullv ;;)VII'vVllv \V ",gy g Ivv U'W'IVlv Iv"-"""'VlIll::Il::IVV....'" __ ___..___ __ _1..___..__ _ __~_______ \ I_I. ._~__. ___~_.L.. .~.___ _. ._1.. ~_ VI ..oJI"IiWPl Y L\...IV..;JI, VI UIJWlvl V II I~ CiI ,..,~IIVllllall'\..r~ v UU...IILQIY ....'-'1 n.III..,...I'I....,II~ 'li;)U\J11 g..,;;, ____.__ ___. ._.... _ ..._~ __ __I._.~.__ ....___~.___ _4:1.__ _ __~_______ ___...._ __ _ pCil~~U I~ CilI VUI U.. g I IC;U. VI ..;1VII'-"I"III~ UVllQl,.lVI 1..;1 CilU.~1 CJ. p'ti:JIIVIIII,",II"'~ t:J""'VU,,;) VI ~ --- ..--- .- ----...,-...... -- ---j, - -~_.._- .;3\;i1 Vl.....-v~ I~ Ivvv.VV'....,~ I LV'" g. .....IIQI~V. (a) Food or Food Products Any type of edible substance or beverage (b) Goods or Merchandise Any Items that are not a food product (c) Vend or Vending To sell, offer for sale, expose for sale, ~liCij offers to purchase, or to barter food or goods or merchandise In any public area from a stand, pushcart, motor vehicle, or by a person with or without the use of any other device or other method of transportation To require someone to pay a fee or to set negotiate. or establish a ~;~ before ptov~~g .. d -- _L.___ ..-- - --~------ con" .dilutes' v-......-n"'g recel v mg goo s or services, "" "''''''''W'' V II 'l::I Q "'....., ''''illig. "........ .,,' ~u .' cuQtu Accepting voluntary contnbutlons after e-perfofmence 900q~iQr-e-servlces are ts provided fetel'~'ed IS not vending (d) Vendor A person who vends ThiS Includes a vendor who IS an employee or agent of another A person engaged In the bUSiness of 14 solicitIng, canvassing, or taking orders IS subJect to the regulations In Chapters 6 24 and 6.32, and IS not a "vendor" ~C\ n_~_~__~ ^ _ ._............. ._1 ___.._ __~___.__ _.._._ ....____ ....____ \IJ I "t:iIIU.U'''-'1 rl.1I II I..... I V'U\.U;U ~IVUt' !JvIIVII.nll~ IIIU~I"', \..Ig,IJ~. ....IQllla. ____..J... __ ____....__ __....._._ &_ __.....1_ _.... ._......_-..&._ ._ _ _. .....1._ ____ ....VII.<JUY, VI ...., <JQLII1l::f vo;;;;l LQIII LIOI'Il::f'UI<J lOll L VUJ<J....L..., III 101 ...UUII.... Q' <JQ ~_\ \l::fl n_~_p_ I II;;iIIVIIII '^IL.__ . .__.... ______~.__ ....~L. ,,__~____ II "__~___II VVllvl1 U~l;;iU III \,;VllIll;;ivLIUII .v.L.1 ....vIIVllllwl, I-'vllUIll1 ----- Iln...gIJ~ ~_ _1_.. LV ""IOIY 111""'..;;::111'-', ....---- \..IQllvY", --~ .,;u.....t -~--~- VI '-II w,",",,-," gill _.I: ~I.._ _~._~._ _~....~.__ ....,~ \.1 no._ QI U~U\J g""...V...n...... .....__~..s::_.... ._ _. .I..___~.__ ~&\ _or: 4.1..._ C"__~.__ f'o..tlllj;P"1.lllvY III ~ULl..;JIw"'LIVII \I} VI UII..;;t V'w'''t.IVII (e) Pushcart Any nonmotorlzed mobile deVice used In the sale, barter, or offer for sale of food products, goods, or merchandise (f) Vehicle Any motorized deVice used In the sale, barter, or offer for sale of food products, goods, or merchandise ~.\ TI..._.... C"~~__~ np_____...._ C"~~__~ n_~_~__p 1"'\._4.P'_4. TI.._ \JI I I HI.... VLIIl;ii'tiJL I I UII.......IIQUv ....,... v"V1I. I vllVllllwl ""1~LIIw-L I Ilv ~u t;;..... I.._.._...._..J 1.... ~I.._ ___~__I.___ _.I: '^r.I_I...__ D_..I_..__.... 4.L._ __~1.. C"____.... UV....IIUvU tJ} lot Iv ""'t;;iiIILIl;iiIIl.I.....,~ VI V v II~IIII"'" ...,.......\o.Ilwy~u...... VII LII-.;;;i .IV. LII, '\.I'W'"'UII.... C"~___4. __ ~I.._ ...__~ n___......._.. -- ~I..- __..4.L. sr..... r-_..~1- C'~___~ -- ~I..- ___~ V"lvvL VII \.11'I;,i VVv..;JIL1 LlIVIt;U..lVVgy VII Lllv ~VU...I, 1\.1 I VUILlI VLlvvL VII Lllv vQ~" SECTION 4 Section 6 36.030 of the Santa MOnica MUniCipal Code IS hereby amended to read as follows 6.36.030 Exemptions. The provIsions of thiS Chapter shall not apply to (a) Any approved partiCipant In any farmer's market (b) Any approved partICIpant In any cultural arts and crafts show (pursuant to Section 640060) 15 (c) Any vendor operating pursuant to or under the authority of an approved license agreement on the Pier (d) Any vendor operating pursuant to or under the authOrity of an approved license agreement on the pedestrian mall established pursuant to SectIon 3 36 150 of this Code (e) Any vendor operatIng pursuant to Section 3 36 180 of thiS Code (f) Any IndiVidual who displays any food. goods, wntten materials, or merchandise In any public area that are available Without charg~. Such IndiVIdual must at all times vIsibly display a sign, to be Issued by the City at no cost. which mdlcates that all Items displayed are available for free, With voluntary donations accepted If an indiVidual displays or dlstnbutes food, to the extent apphcable. a Los Angeles County Department of Health perlij'll shall be obtained and maintained In the IndiVIdual's possession certifying that he or she compiles With all State and Federal laws regarding food product ~ribYtion~ SECTION 5 Section 6.36 100 of the Santa MOnica MUnicipal Code IS hereby amended to read as follows 6.36.100 General requirements. (a) Location Restnctlons No person may vend or perform 1<1' 1_ __.. ___ ___~ __....~I.._ ___ 1..._...__... ~__~ _~~I._~ ___~ ~__ ____ \ I} III QII' Vllv ~"'UL, VI VVII.IIIII Vllv I U.U 1'-11 v"'" Ivv," v. '-I_g.," ......,'""'-, IVI IIIV...... .......__ 4....~.....~ _._~....___ ._ __III. .a.L___ I.._.t... __...._..... L.IU:;iillll Lilli LY 1111I1\.U.'V.o:;I II I QI _, LlII IIl:i\;j-IIVUI t"vIIVU 16 (1 ) .....1.1...._ &_.._ IA\ &__& _& __.. ......1....__ __ ....&...._ &__ &__& _& __.. ."''''.'111 IVUI \""TJ ................ '-'I all' ...,....UUIlI~1 VI V'I'II.IIIII Lvii l'lI:ivL VI COlli' .... ._.____ __&_____ _u___& __ &..._ "T""'._'" ~&___& n~_____..._ __'...._...,...:~l';i.....,.;"" UU~II u;;;;r.;;J'..,;1 't;i~ IL~ Qllvllli;i, wA......'-"t-'L VII LI t'li:i J 1111 \.AI VI.. 'Ii;i\;i\ I . UIIIVCIIQU-V ~~__:~~~~~~~~ --n:~ C';...-&~~_ l:!'-~:I'!l.D.- ...nnl_,\;/~ W th t (10) f t f th t d f .....-w...~y.. ~t""''''''u''''V\QJ\hl I m en ee rom e ou er e ge 0 any entrance of any business entrance, Includmg. but not limited to. doors. vestibules: dnveways outdoor dmmg area entnes, and emergency eXits as measured In each direction parallel to the bUildIng line, durrng the hours that any business on the premises IS open to the public or to persons havmg or cooouctmg lawful busmess within those premises. unless the vender has the consent of the owner or operator of the establishment (2) WithIn ten (10) feet of any bus stop (3) Within ten (10) feet of any street corner brmarkedped~ian crosSWalk (4) Within thirty-five (35) feet of any other vendor la\ 1"'\_ __,. _...._..._II~ ......_& ._ _._...& I~\ .e:__& ......._ __ 1___ _& 1___... &_.._ 1.11\ \VI 'VII QI.Y ~1""vVVgln. UIUL I~ vl~IIL \VI IvvL VII'IU'V" VI n,:i..;jl.w1', COIL Iva~L I'V'UI \1' &__... _& &..._ _...._..._II~ _. ._& ..._ I~__... _1__- I'V,,",," VI Lllv ~1'\..n::;p'l'V~illn IIIU.;II. UV n.~t-'L \"'plvQI 1"7\ 1"'\_ ......_ "T"...._... ~...___... n______..._ ..........._ ......__..... I'll" &__... _& __.. \' J "-'II "'111;# IIUIU VUlII;;iivL I tUlllvLIC;U.I'W", ."11..11111 LVVvIU.y \,"V} IvvL VI -allY bUSlfle83 eFltf8F1e8 (5) In any manner that blocks or obstructs the free movement of pedestrians CO. ."'___&.___ 1_\1" ~ ......__. ._... 1_\Il".:>\ _"'_11 __... ___I.. ..._ __~___ ..........""............","" \Qj\ 'j ~III...,...~" \QJ\Vj "'"..." """~ Q,",,",'J LV ""'J '"'w,"'...., , ...__......__ ._ .a.L..._ ____ __.&. ~_....... ._ C'L__.a..__ ~ ~t:!' n.nn/_\ YY;IIUU.~ III "'Iv QI!;;jiQ ..-,.I;iL IVI"II III .....,'-'"".......,11 V vv V"'V\,~AJ (b) Vending or Renting on Beaches and Public Parks Prohibited All vending actiVIty on the beaches and In public parks IS prohibited No vendor 17 permit shall be Issued to any person for the vending of any food products, goods, or merchandise, or the renting of any types of goods, merchandIse, or services on the beaches and In public parks In the CIty of Santa MOnica. (c) Receipts Upon request by a buyer, a vendor shall give a receipt to the buyer The receipt shall list the follOWing (1) The vendor's name (2) The vendor's City vendor permit number. (3) The vendor's address or telephone number (4) The Items sold (5) The pnce of each Item sold (6) The total price of all Items sold (d) Cleanup Responsibility A vendor or perf6fffier shall keep hiS or her vending or performing area litter free He or she must remove litter caused by hiS or her products off of any public property and other pnvate property A vendor With a pushcart shall have a trash container In or on the cart (e) NOise limit (1) ^ . .__.J__ __ __...&_____ _"'_11 __A __1__ _u____..._ __.__ ....A... ...._ __ r-\ ylt;;jillUUI VI t-'Il;iiIIVII"l.:i1 ~IIQII IIVL l'I~l'\.v u^\.I'v~.;JI.Vu 11\JI~v "Villi III..;JI VI ...__ .._.__ _ ___"'__.__1 .J_...__ __ __ _I__A___._ ..._...__ IC__ _u___I_ _ Ilul v vn......., , Q .II'V'\.fIIQIII,,",QI \.U;;:YI\..t\.i, VI QII vlvvLt Vlllv UvYlvv \1 VI ....^Q11't-'I'lIiMiii, U ..__...__ __ __...&_____ __.. __A 1_.....1.. _"'_..A _..4- _4- ____....1_ ....n.___ __.. __4- yll;;Pl.....VI VI ,..,vIIUIIII~1 Illal IIV' IU....\".I11 .;tlIVUL VU" QL I-'U~oW'l""'lv LlUJlI;;;;rlv, Illay ItV," . ,__ - .... .11"'__- __ _ _____...___ __... __.. __A _1_.. _ __...._ A___ _1_..__ __ U.;I'-r Q .....\AIIIIV~ II VI Q Illv~gt-'IIUI n.'1 ~II\." I. ICilY IIVL fJlDJ g I t:.n,,,,v, LUt"'u ,..,'Ulvl, VI _A"'__ _I__A___._ .J_...__ _4- _ 1_..... .._1..__ \ VUlvl vlv\.lLlVIII\.I UY;VI\".rV- g" Q IVUU VVIUlllv J 18 Except as provided for In this Chapter, a vendor or performer shall be subject to the provIsions of Chapter 4 12 of Article 4 of this Code Ven@rs P~;fuiii":~~ within the Third Street Promenade e~i~~~ P~;fuiiii~i D;~~ii~~ shall be subject to the nOise regulations In GhCJp~r e;,;;::;t:u~ 6 116 6 36 110 of this Chapter In addItion, no vendor or performer shall be so loud as to be heard inside the premises of an adjacent bUilding or structure while the entrance door to the premises IS closed (f) Pushcart Standards A vendor1s pushcart (or other device) shall be kept clean and In a safe condition when used on public property The pushcart shall dIsplay the follOWing (1) The vendor's name, business name, and City permit number on all vertical Sides ofthe cart The lettenng shall be at least one Inch high A food vendor shall Include his or her Los Angeles County Department of Health permit number (2) A photocopy of the vendor's City vendor permit on at least two vertical Sides of the cart (g) Comphance wIth Conditions No person shall vend contrary to the terms or any conditions Imposed In approving a vendor permit pursuant to thiS Chapter SECTION 6 Chapter 6 116 IS hereby added to the Santa MOnica MUnicipal Code to read as follows 19 CHAPTER 6.116 SPECIAL PROMENADE AND PIER REGULATIQNS 6116010 All persons utilizing a table. cart. blanket, or similar Item for the purpose of displaYing or dlstnbutlng merchandise goods. written matenals, or food on the Third Street Promenade shall be limited to the desig~ed performance zones, as established by resolutIon of the City Council and shall utilize no more Items than can reasonably be carned or removed at one time Additionally vendors must comply with the applicable requirements of cna ter 6 36 ............P 6116020 Dunng the time penods. as established by City Council resolution, when any block or blocks of the Third Street Promenade are at or near maximum occupant load no person shall utilize more than one table. cart, blanket. or similar Item In a dimension that exceeds SIX (6) feet by three (3) f~t 6 116 030. (a) The following maximum nOise level (Lmax) shall apply on the Third Street Promenade dUring the times indicated 20 Maximum Nd~ Level (L~~) n' ....,q,y llme Mon-Fn 9 a m - 7 00 P m 75 dBA Ml:Jn- ~~t$~ 7 P m - 10 30 P m 85 dBA fftj~ Sat 7 P m - midnIght 85 dBA 9 a m.- midnight 85 dBA ~l;Il'l Sat ISun 9 a m - 10 30 p m. 85 dBA 12'01 a.m. - 1.30 a m 65 dBA At all other times the City-wide nOise standards as reflected In Chapter 4 of this Code shall apply except the Lmax standa~:!~Q~ provide the baSj~l'for measunng the dBA level (b) No person on the Third Street Promenade shall create any nOIse, or allow the creation of any nOIse, when measured at a minimum distance of 25 feet from the person which causes the nOIse level to exceed the Lmax standard established In this :Sectitm: (c) No bUSiness on the Third Street Promenade shall utilize any s~rQr$ou~r,~prqg~n sY$tema.~~ volume that can be heard Inside the premises of another bUilding or structure while the doors and Windows t6th~preg1isesarecl~~ 21 6.11~L040. All persons utilizing a table, cart. blanket, or sImilar Item for the p~rp~ of displaYing or dlstnbutlng merchandise, goods, written materials, or food on the Pier shall be limited to the designated performance zones, as established by resolution of the City Council and shall utilize no more Items than can reasonably be earned or removed at one time Additionally, vendors must comply with the applicable requirements of Chapter 6.36 6116050 The requirements of this chapter, except for nOIse standards, shall not apply to City approved specIal events which have been reviewed by the Police and Fire Departments to ensure that all necessary public safety measures have been Imposed as a condition of approving the event. SECTION 7 Section 3 12 375 IS hereby added to the Santa MOnica MUnicIpal Code to read as follows 3 12 375 Sidewalk Obstruction No person shall place or cause to be placed any obJect(s) on a public sidewalk which results In less th~n four (4) contiguous feet of the sidewalk being kept clear for pedestrian passage SECTION 8 Santa MOnica MUnicipal Code Section 3 36 150 IS amended to read as follows 22 3 36 150 Pedestnan Mall The Council does hereby declare and determIne that a pedestrian mall~ known as the Third Street Promenade. IS finally established under by the Pedestraln Mall Law of 1960, and that a general descnptlon of saId pedestrran mall is as follows Third Street between the southeasterly line of Wilshire Boulevard and the northwesterly line of Anzona Avenue, and between the southeasterly line of Arrzona Avenue and the northwesterly line of Santa MOnica Boulevard and between the southeasterly line of Santa MOnica Boulevard and the northwesterly line of Broadway SECTION 9 Santa MOnica MUnicIpal Code Sectton 6 36 080 IS hereby deleted In Its entl rety SECTION 10 Santa MOnica MUnicipal Code SectIon 6 36 105 IS hereby deleted In Its entirety SECTION 11 Santa MOnica MUnicipal Code SectIon 6 36 110 IS hereby deleted I nits entl rety SECTION 12 Santa Monica MUnicipal Code Section 6 36 120 IS hereby deleted In ItS entIrety 23 SECTION 13 Any provIsion of the Santa MOnica Municipal Code or appendices thereto Inconsistent with the prOVIsIons of this Ordmance, to the extent of such Inconsistencies and no further, IS hereby repealed or modified to that extent necessary to effect the provIsions of thIS Ordmance SECTION 14 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 Junsdlctlon, 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 15 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 ~!tu. MARSHA JoNES MOUT~ City Attorney 24 ~ f \atty\munl\laws\perfzone pro City Council Meeting 9-16-97 Santa MOnica, California RESOLUTION NUMBER 9205 (CCS) (City CounCil Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING SPECIAL ZONES FOR STREET PERFORMERS AND PERSONS, INCLUDING VENDORS, UTILIZING TABLES, CARTS, BLANKETS, OR SIMILAR ITEMS FOR THE PURPOSE OF DISPLAYING OR DISTRIBUTING MERCHANDISE, GOODS, WRITTEN MATERIALS, OR FOOD ON THE THIRD STREET PROMENADE AND ESTABLISHING THE HOURS THAT CERTAIN BLOCKS ARE AT OR NEAR MAXIMUM OCCUPANT LOAD WHEREAS, the Third Street Promenade IS comprised of three blocks In the Bayslde Dlstnct of the City, and WHEREAS, the Third Street Promenade has expenenced a dramatic Increase In the number of shoppers, diners, movle-goers, vendors, street performers, and non-profit and free-speech groups In recent years, and WHEREAS, the Third Street Promenade has become a location that attracts both regional and mternatlonal VISitors, and WHEREAS, the City anticipates that thiS Increase In pedestrian traffic which has occurred on the Third Street Promenade will continue as the Promenade continues to redevelop, and 1 RESO 1 .. WHEREAS, the Third Street Promenade already attracts more pedestrian traffic than any other business area In the City both dUring the day and at night, and WHEREAS, the Third Street Promenade has a constricted 12' roadway Width at the north and south ends of both the 1200 and 1400 blocks and has two maJor movie theaters at the north end of the 1300 block, and WHEREAS, VIsItors to the ThIrd Street Promenade typically travel from one block to the next, particularly between the 1300 and 1400 blocks, and WHEREAS, the success of the Third Street Promenade necessitates action to avert or reduce crowd denSity, risks to pedestnans, excessive nOise, potential fire hazards, confhcts among performers, obstruction of traffic, and pedestnan spillover onto cross- streets, and WHEREAS, the City'S Fire Department has calculated that If the Third Street Promenade were an enclosed space, that the maximum occupant load would be approximately 5000 persons per block, and WHEREAS, the CIty has determined that on weekend evenings the maxImum occupant load IS often approached or exceeded In the 1300 and 1400 blocks of the Third Street Promenade, and 2 RESO 1 " WHEREAS, the densrty of the crowds on a typical Fnday and Saturday nlght can substantially Increase the response time of City safety personnel, and WHEREAS, the City has established designated performance zones for street performances on the Third Street Promenade since November 1993; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 The City designates permitted zones for street performers and persons, including vendors, utrllzlng tables, carts, blankets, or similar items for the purpose of displaYIng or distributing merchandise, goods, written matenals, or food on the Third Street Promenade as reflected In Exhibit A to this Resolution SECTION 2 The City has determined that the 1300 and 1400 blocks of the Third Street Promenade are presently at or near maximum occupant load dunng the following time periods (1) 7 00 P m to 1200 a m (mldmght) on Fnday (2) 7 00 P m to 12 00 a m (mldmght) on Saturday 3 RESO 1 "' SECTION 3 The City Clerk shall certify to the adoption of this Resolution and the same shall be In full force and effect on the same date that Ordinance Number1888 (CCS) IS effective APPROVED AS TO FORM I ~~ MARSHA JON"ES MOUTRIE City Attorney 4 REBO 1 t EXHIBIT A C/) " ell ::;: " "'0 CD F 3 9 :E 1J 0- I:l> ell to Il) ... ..... n ro :;>:- -'" 8" ... 0- ... 0' CD -'" '< C :J co ~ :J C') "Z" co to m -...J :J 5 " ~ :E ::; (!) 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",. - 0 0 ABMpBOJ8 Exhl.bn A. p. 3 Adopted and approved thIS 7th of October, 1997 ~\ 1 ._ ~~~- ie1a 0' onnor, Mayor I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certify that the foregoIng ResolutIon 9205 (CCS) was duly adopted at a meetIng of the City CouncIl held on the 7th of October, 1997 by the follOWIng vote Ayes CouncIlmembers Ebner, Greenberg, Holbrook, Rosenstem Noes CouncIlmembers FeInsteIn, Genser, O'Connor Abstam Councllmembers None Absent Councilmembers None ATTEST ~~.~ ( Mana M Stewart, CIty Clerk .. 1 f \atty\munI\laws\perfzone pr City Council Meeting 9-16-97 Santa MOnica, California RESOLUTION NUMBER9206 (CCS) (City Council Senes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING SPECIAL ZONES FOR STREET PERFORMERS AND PERSONS, INCLUDING VENDORS, UTILIZING TABLES, CARTS, BLANKETS, OR SIMILAR ITEMS FOR THE PURPOSE OF DISPLAYING OR DISTRIBUTING MERCHANDISE, GOODS, WRITTEN MATERIALS, OR FOOD ON THE SANTA MONICA PIER WHEREAS, the Santa MOnica Pier has been In eXistence since 1908, and WHEREAS, the Santa MOnica Pier IS a very successful entertainment center with restaurants, arcades, a hlstonc carousel, retail establishments, fishing and observation decks, an aquarium, and PaCific Park, an amusement park, and WHEREAS, VISItOrs dnve onto the Pier to park In a 286 space parking lot, and WHEREAS, the Pier has hlstoncally attracted large crowds, and the vehicular and pedestnan traffic has Increased Significantly Since the openmg of PaCific Park, and WHEREAS, the Pier has special events year round that attract thousands of vIsitors; and 1 RESO 2 Of . WHEREAS, Ingress and egress from the Pier IS very limited and the pnnclpal pOInt of entry and eXit for both pedestnans and vehicular traffic IS the Pier bndge, and WHEREAS, the Santa MOnJca Police have a substation on the PIer from which they frequently respond to emergencies and calls for service, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOllOWS SECTION 1 The City Will designate permitted zones for street performances and persons, including vendors, utilizing a table, cart, blanket, or Similar Item for the purpose of displaYing at dlstnbutlng merchandise, goods, written matenals, or food on the Pier as reflected In Exhibit A to thiS Resolution SECTION 2 The City Clerk shall certify to the adoption of thiS Resolution, and the same shall be In full force and effect on the same date that Ordinance Number g~~8 (CCS) IS effective APPROVED AS TO FORM 1u-4 MOUTRIE 2 RESO 2 . , EXHIBIT A ,... 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Exhlb1.t A Adopted and approved this 7th of October, 1997 ~Yor I, Mana M Stewan, City Clerk of the Cay of Santa MOnica, do hereby certify that the foregomg Resolunon 9206 (CCS) was duly adopted at a meetIng of the City Counctl held on the 7th of October, 1997 by the followmg vote Ayes Councilmembers Ebner, Greenberg, Holbrook, Rosenstem Noes Counctlmembers Femstem, Genser, O'Connor Abstam Councllmembers None Absent Councllmembers None ATTEST '-.. ~~~.~ Mana M Stewart:, City Clerk ~-f f \atty\mum\laws\perfJee City Council Meeting 9-16-97 Santa Momca, California RESOLUTION NUMBER 9207 (CCS) (City Council Senes) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING FlUNG FEES FOR A PERFORMANCE PERMIT AND A REPLACEMENT PERFORMANCE PERMIT WHEREAS, MUnicipal Code Sections 6 112.040(f) allows for the establishment of filing fees for obtaining an annual Performance Permit, and WHEREAS, MUniCipal Code Section 6.112 040(h) allows for the establishment of filing fees for obtaIning a replacement Performance Permrt, and WHEREAS, the fees established by this Resolution are no more than necessary to recover the costs of the service prOVided, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS SECTION 1 A filing fee of Thirty-Seven Dollars ($37 00) for obtaining an annual Performance Permit 1 REsa 3 ~ SECTION 2 A filing fee of ThIrty-Seven ($37 00) for obtaming a replacement Performance PermIt SECTION 3 The City Clerk shall certify to the adoption of this Resolution, and thenceforth the same shall be in full force and effect APPROVED AS TO FORM <- S MOUTRIE 2 REBO 3 , Adopted and approved tlns 7th of October. 1997_ ~~ ela 0' onnor. Mayor ~ I. Mana M Stewart, CIty Clerk of the CIty of Santa MOllica. do hereby certIfy that the foregoIng ResolutIon 9207 (CCS) was duly adopted at a meeting of the Cay CouncIl held on the 7th of October, 1997 by the follOWIng vote Ayes Councllmembers Ebner, FeInstem. Greenberg, Holbrook. Rosenstem Noes CouncIlmembers Genser, O'Connor AbstaIn Councilmembers None Absent Councllmembers None ATTEST ~~ Mana M Stewart. CIty Clerk