SR-8-C (54)
g'- L
NCV - 9 1991
RMD:EDD:JPM:DG:aa:ccperfm3:word
Council Meeting: November 9, 1993
Santa Monica, California
TO:
The Mayor and city council
FROM:
City staff
SUBJECT: Ordinance for introduction and first reading amending
Santa Monica Municipal Code Sections 6.36.080 and
6.36.110, relating to Street Performance Regulations for
the Third street Promenade and surrounding areas.
INTROOUCTION
This staff report recommends that the City council introduce for
first reading an ordinance amending performance regulations for
the Third street Promenade.
This report also describes street
performance activity since adoption of the interim ordinance, and
provides information regarding meetings between city staff,
street
performers,
property
owners,
business
operators,
restaurant association and the Bayside District Corporation
concerning the aforementioned amendments.
BACKGROUND
Since the completion of the Bayside District improvement project,
the Third street Promenade has experienced a dramatic increase
in the number of street performers. The street performers have
added to the vibrant and unique pedestrian character of the
Promenade.
However, many complaints from nearby retail, restaurant, office,
and residential tenants resulted in City council consideration of
- 1 -
NGV - 9 1993
f- c.., -
standards to control and monitor the number of potential
disturbances from street performers. The Council was
particularly concerned about the number of performers, the length
and location of certain acts, damage to the surrounding landscape
material, and the high level of noise being generated by
particular acts.
On August 22, 1991, special street performance regulations for
the Third street Promenade were approved by the city Council
which outlined specific standards for all performers. At that
Council meeting, the following special regulations were approved.
1) No performer shall perform except during the following
time periods:
(i) 11:00 a.m. to 2:00 p.m.
(ii) 2:00 p.m. to 5 p.m. on Saturday and Sunday.
(iii) 5:00 p.m. to 10:30 p.m. on sunday through
Thursday.
(iv) 5:00 p.m. to 12:00 a.m. on Friday and Saturday.
2) No performer shall perform during any special event
permitted by the city.
3) No performer shall perform in any area designated by the
City Manager as an area where performances may be
prohibited.
4) No performer shall construct, erect, or bring with him
or her any stage, platform, or other structure for use
during any performance.
5) No performer shall use any amplified sound equipment,
including any radio, tape player or similar electronic
- 2 -
device that utilizes a speaker.
6) No performer shall use any knife, sword, torch, flame,
axe, saw, or other object that can cause serious bodily
injury to any person.
7) Performers shall comply with the provisions of all noise
regulations of the City and in addition shall not
perform so loudly as to be heard inside the premises of
an adj acent building or structure while the entrance
door to the premises is closed.
8) Performers shall keep his or her performance site litter
free.
9) No performer shall block the entrance to any
establishment open business unless the performer has the
consent of the owner or operator of the establishment.
Furthermore, Council asked staff to return with a report after
evaluating and assessing the experience under this interim
ordinance. Council also asked staff to work with the performers
and the Bayside District corporation to explore an alternative
regulatory system.
DISCUSSION
Since the interim ordinance was adopted, City staff has worked
with the Bayside District Corporation, a street performer
representative, property owners, merchants, restaurant owners and
residents to evaluate the ordinance and assess its viability. In
general, the street performers were very cooperative and made
- 3 -
implementation of the interim ordinance successful. However, it
became evident during the peak weekends and summer months that
certain revisions to the ordinance were needed.
During this interim period, the street performers put forth a
proposal designed to address the concerns of all interested
parties and developed a plan for self-management as requested by
the Council. The central premise of their plan was that
restrictions on the number of performers are unnecessary if
certain guidelines are established. By rotating the large acts to
different parts of the Promenade, the performers hoped to avoid
continuous noise, possible landscape damage, and merchant
complaints.
This plan was implemented as a pilot proj ect and the street
performer committee assisted in temporarily addressing the
principal concerns of noise, landscape damage, merchant revenue
loss, and crowding of public space. However, the street performer
committee was unable to maintain any consistancy in its
organization and the plan became ineffective. Finally, the
self-management plan did not facilitate the process which would
have rotated the large acts between the 3 blocks. This breakdown
in the plan has caused the large acts to remain at the central
plaza, where the crowds have been getting larger and larger, and
damage to the planters has been on-going. This plan was
evaluated over the past year, and along with significant public
input, served as the framework for the staff recommendation.
- 4 -
Public Input
In gathering public input on the street performer activities,
city staff, in conjunction with BOC staff, met numerous times
with the Bayside Restaurant and Merchant Association, along with
representatives of the street performer committee. These
meetings were open to the public and noticed by the BOC. The
concerns and problems expressed by the pUblic include:
o The performers present acts which are physically dangerous to
themselves and others.
o The performers obstruct both pedestrian and vehicular
traffic, while exacerbating the perception of "crowdedu or
uovercrowdednessll along the Promenade.
o Some performers bully others out of their "space".
o The Promenade has become a weekend amusement park with a
carnival-like atomsphere.
Bayside District Corporation Input
The Bayside District Corporation was instrumental in bringing
forth the numerous concerns of the retail, restaurant, office and
residential community. Subsequent to numerous meetings with
various constituent groups, the BDC board held a special meeting
on June 28, 1993 to solicit and discuss public input in order to
propose revisions to the interim ordinance. At this Board
meeting, City staff, BDC staff, representatives of the Restaurant
and Merchant Associations, and the general public came together
to discuss all of the proposed street performer ordinance
- 5 -
modifications. The group also had the opportunity to voice any
additional concerns. The meeting culminated with the BDe Board
making recommendations on the various proposed regulations. The
following describe the comments and concerns of the Bayside
District Corporation:
o The number of street performers, types of acts and most
frequently used si tes have reached a locational
imbalance resulting in an incompatibility with normal
daily business activity and patron use of the public
facilities within the Bayside District.
o The unregulated time, place, and manner of street
performer activities is in conflict with the business
activities of outdoor dining restaurant establishments.
o The interim ordinance has not adequately controlled the
excessive number of acts which perform during peak
times, such as weekends, and the detrimental effects of
overcrowding and excessive noise which results.
o Existing ordinances and municipal codes (ie: cannot
perform for more than 30 minutes in one spot) must be
routinely enforced by the Police Department to curb
on-going violations of vending, street performance and
solicitation.
o The BDC desires to be the first contact for those
seeking information about the processing of a street
Performer Permit. BDC proposes that it should be their
responsibility to outline and explain the provisions of
- 6 -
the ordinance, while providing
information on a daily basis.
general
on-going
Thus, after careful evaluation of a street performer
self-management plan and input from the public and the BDC, it
has become necessary to establish on-going management
coordination and tighter regulatory guidelines to deal with the
ever increasing number of street performers on the Promenade.
staff recommends the following measures be added to a revised
ordinance:
1) Registration and Permits
All performers on the Promenade would be required to register
with the City to obtain a performer's permit and pay an
annual permit fee of $120.00 collected by the City'S Business
License Division (fee may be paid quarterly). With
assistance from the BDC operation's coordinator, performers
can file for this non-transferable permit at the BDC office
or at the City during business hours. The registration form
would include basic information such as the names of all
performers, addresses, and type of act (including any
instruments or props), to properly identify the performer and
ensure that rights are not transferable. Upon satisfactory
completion of the registration form, the performer will be
issued a performance permit by the City which they must
display at all times during performance. At the time of
registration, the BDe office or the Business License Division
will distribute information regarding the performance
regulations and a copy of the ordinance outlining the
- 7 -
specific standards.
Performers will be informed that such a permit would not
allow for the sale of goods and services produced on or
off-site, nor the direct charging of fees for performances.
Also, the street performers will be made aware that the
permit does not grant rights afforded to business activities
regulated under the cityfs business license regulations.
2) Noise
The interim ordinance specifically prohibits the use of any
amplified sound equipment, including any radio, tape player
or similar electronic device which utilizes a speaker.
Due to the adverse impact of this regulation on certain low
volume performers and the inability to control those loud
acts which do not use amplifiers, city staff and Bayside
District corporation are recommending that this restriction
be lifted and an alternative noise standard be developed.
Based upon a detailed Noise Measurement Survey prepared by
the consulting firm of Mestre Greve Associates, and their
recording of several sample noise levels over a period of
time, the noise standard would prohibit sound levels to
exceed 85 decibels at a reference distance of 25 feet from
the performer, between 11:00 a.m. and 9:00 p.m. Sunday
through Thursday and between 11:00 a.m. and 10:00 p.m. Friday
and Saturday, and then lower the standard to 75 decibels
after 9:00 p.m. Sunday through Thursday and 10:00 p.m.
- 8 -
Friday and Saturday. Such a standard would regulate sound
levels at the point of reference, with no distinction made
as to how the sound is produced. These noise decibel
standards will be enforced by the Police Department.
If this approach fails to remedy problems of excessive noise,
staff will return to city Council to request additional
restrictions be adopted.
3) Permitted Zones
While the interim ordinance allowed the City Manager to
designate areas where performances may be prohibited, staff
recommends that permitted zones be specifically designated.
An ad hoc committee of BDC Boardmembers and staff, Police
Department bike patrol officers and City staff liaisons
identified suitable locations where acts may perform.
Potential problems such as overcrowding, danger to
pedestrians, excessive noise, landscape damage, conflicts
among performers, and pedestrian spillover onto cross-streets
were addressed in the committee's discussion.
The location of these permitted zones are identified on the
attached location maps. More specifically, the permitted zone
within the 1400 block is 260 feet north of Broadway and 110
feet south of Santa Monica Boulevard. The permitted zone
within the 1300 block is 110 feet north of Santa Monica
Boulevard and 214 feet south of Arizona. The permitted zone
within the 1200 block is 129 feet north of Arizona and 65
feet south of Wilshire. Coupled with these locations,
- 9 -
performers would be required to maintain a minimum of 20 feet
in every direction from an open establishment. The permitted
zones will be clearly indicated by an identifiable marker,
so as to allow for enforcement by the Police Department.
4) Coordination and Enforcement
The standards will be monitored for conformance on two
levels: 1) Bayside District Coordinator and 2) the Police
Department. The BDC staff will provide additional and
on-going notification about the ordinance to performers
registered with the city and on-the-spot clarification of the
standards to all performers. They will provide management
services during the evening hours, and work with the
merchants, residents, and restaurant association on noise
level concerns and any other possible violations. The BDC
staff would only identify violations, ask for voluntary
compliance, document violations, and pass this information to
the police. They would have no authority to enforce. If a
performer wishes not to work under the direction of the BDC
coordinator and at any time violates the ordinance, the
Police will be notified.
Upon three (3) convictions of the ordinance as cited by the
Police Department, a performer's permit will be revoked and
they will be prohibited from performing on the Promenade for
a six (6) months time period.
5) Dangerous Acts
Dangerous acts, such as acrobats, tumblers and unicycles, or
- 10 -
acts which put the artist and/or the public at risk will be
prohibited.
This includes all acts which pose a risk
management, health and safety, or physical property concern.
BUDGET/FISCAL IMPACT
An annual permit fee of $120.00 will be collected from each
performer and put into revenue account number
01-130-234-00000-0019-10019. Staff estimates that $3600 will be
collected annually from performers wishing to obtain a permit.
RECOMMENDATION
Staff respectfully recommends that city council introduce for
first reading an ordinance amending the Santa Monica Municipal
Code Sections 6.36.080 and 6.36.110 as outlined in this staff
report, and adopt the attached resolution establishing parameters
of designated areas for performing on the Third street Promenade,
and increase the revenue budget by $3,600 as indicated above.
Prepared by:
Jeffrey P. Mathieu, Director of Resource Management
Darrell George, Economic Development/Pier Manager
Martin Tachiki, Deputy City Attorney
Dee Hayashi, Deputy City Attorney
Attachments: site Maps of Performance Zones
Draft street Performer Ordinance
Resolution Establishing Designated Areas
- 11 -
RESOLUTION NUMBER 8680
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING PARAMETERS OF DESIGNATED
AREAS FOR PERFORMING ON THE THIRD STREET PROMENADE
WHEREAS, the Third Street Promenade has experienced a dramatic
increase in the number of street performers and pedestrian traffic
since completion of the Bayside District improvement project; and
WHEREAS, Santa Monica Municipal Code section 6.36.110, an
interim ordinance setting forth special street performance
regulations for the Third Street Promenade, enacted on August 22,
1991, has not been sufficient to control problems such as
overcrowding, danger to pedestrians, obstruction of traffic,
excessive noise, and landscape damage; and
WHEREAS, a self-management program developed and implemented
by a street performer committee in conjunction with the Bayside
District corporation has not maintained consistency, been able to
deal with the constant turnover of new performers, or been
sufficient to control the problems of overcrowding, danger to
pedestrians, obstruction of traffic, excessive noise, and landscape
damage; and
WHEREAS, to address these problems, an ad hoc committee of
city staff liaisons, Police Department officers, and Bayside
District Corporation boardmembers and staff has discussed these
problems and traversed the Promenade to identify areas suitable for
performances, taking into account the issues of overcrowding,
danger to pedestrians, excessive noise, fire zone requirements,
...
landscape damage, conflicts among performers, obstruction of
traffic and pedestrian spillover onto cross-streets; and
WHEREAS, as a result of these discussions and identification
of suitable performance areas, City staff has recommended that
specific permitted zones for performances be designated on the
Third Street Promenade;
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 on the Third street Promenade as follows:
A. On the 1400 block of the Promenade: between 260
feet north of Broadway and 110 feet south of Santa Monica
Boulevard.
B. On the 1300 block of the Promenade: between 110
feet north of Santa Monica Boulevard and 214 feet south
of Arizona.
C. On the 1200 block of the Promenade: between 129
feet north of Arizona and 65 feet south of wilshire.
SECTION 2. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~~J{ ~;1' Y--~
/ JOSEP LAWRENCE
Acting city Attorney
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Adopted and approved tlns
9th
day of November
.1993.
9 J[,
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Mayor
I hereby cemfy that the foregomg ResolutIOn No 8680 was duly adopted at a
meetmg of the City Councll on the 9 th
day of November
,1993 by the
followmg vote:
AYES
Counc~lmember Abdo, Genser, Greenberg, Holbrook,
Olsen, Rosenste~n, Vazquez
NOES:
ABSTAIN
ABSENT
ATTEST
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City Council Meeting 11-9-93
Santa Monica, California
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS 6.36.080 AND
6.36.110, CHAPTER 2A OF ARTICLE VI OF THE SANTA
MONICA MUNICIPAL CODE RELATED TO STREET
PERFORMANCE REGULATIONS FOR THE THIRD
STREET PROMENADE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. section 6.36.020 of Article VI of the Santa
Monica Municipal Code is amended to read as follows:
SECTION 6.36.020. Definitions.
For purposes of this chapter, the
following words and phrases shall have the
following meaning:
(a) Charge: To require someone
to pay a fee before receiving goods
or
services,
or
observing
a
performance.
Voluntary
contributions such as passing around
a hat or soliciting donations after
a performance or service is received
is not a charge.
1
#
(b) Food or food products. Any
type of edible substance or
beverage.
(c) Goods or Merchandise. Any
items that are not a food product.
(d) Vend or vendinq. To sell,
offer for sale, or to barter food or
goods 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.
(e) Vendor. A person who vends.
This includes a vendor who is an
employee or agent of another. A
person engaged in the business of
soliciting, canvassing, or taking
orders is subject to the regulations
in Article 6, Chapters 6.24 and
6.32, and is not a "vendor."
(f) Performer. An individual
group performing music, dance,
drama, comedy, or creating certain
tangible art objects, in a public
area.
2
(g) Perform. When used in
connection with "Performer,"
"perform" means to play music,
dance, act, or create any of the
artistic activities identified in
subsection (f) of this section.
(h) Pushcart. Any nonmotorized
mobile device used in the sale,
barter, or offer for sale of food
products, goods, or merchandise.
(i) Vehicle. Any motorized
device used in the sale, barter, or
offer for sale of food products,
goods, or merchandise.
{ j J Third street l)rocenade
street performer District. The area
bounded by the
ct!n tor 1 iDes 0 f
Wilshire Boulevard on the north,
Second street on the west, Droadway
on ~he south, and Fourth street on
the ea~i1t.
SECTION 2. section 6.36.080 of Article VI of the Santa
Monica Municipal Code is amended to read as follows:
SECTION 6.36.080. Performers.
3
(a) ~xcept 85 required by section
6.36.105, a performer who performs without
charge shall not be required to obtain a
vendor permit or performance permit pursuant
to this Chapter or a business license pursuant
to Chapter 6.20.
A performer who performs
without charge shall be subject to the
provisions set forth in subsections (a), (d),
and (e) of Section 6.36.100.
(b) A performer who performs for a charge
shall obtain a vendor permit and shall be
subject to all of the provisions of this
Chapter.
SECTION 3. Section 6.36.100 of Article VI of the Santa
Monica Municipal Code is amended to read as follows:
SECTION 6.36.100. General Requirements.
(a) Location Restrictions. No person may
vend or perform:
(1) In any one ~p~~ location,
or within 100
feet of that
~-_...
-1:'- -
19catiQU, for more than thirty (30)
minutes in any three (3) hour
period.
(2) Within four (4) feet of any
building, or within ten (10) feet of
4
any business entrance, except on the
Third street Pro~enade.
(3) Within ten (10) feet of any
bus stop.
(4) within ten (10) feet of any
street corner.
(5) Within thirty-five (35)
feet of any other vendor.
(6) On any sidewalk that is
eight (8) feet wide or less, at
least four (4) feet of the sidewalk
must be kept clear.
(1) On the Third street
Promenade, within twenty (20) feet
of any business entrance.
(~8) In any manner that blocks
or obstructs the free movement of
pedestrians.
Subsections (a) (1) through
(a) (6) shall not apply to any person
vending in the area set forth in
Section 6.36.090(a).
(b) vending or Renting on Beaches
Prohibited. All vending activity on the
beaches and in public parks is prohibited. No
vendor permit shall be issued to any person
5
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 Ci ty vendor
permit number.
(3) The vendor's address or
telephone number.
(4) The items sold.
(5) The price of each item
sold.
(6) The total price of all
items sold.
(d) Cleanup Responsibility. A vendor or
performer 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 private
property. A vendor with a pushcart shall have
a trash container in or on the cart.
6
(e) Noise limit.
$.1); A vendor or performer shall not make
excessive noise with his or her voice, a
mechanical device, or an electronic device.
(For example, a vendor or performer may not
loudly shout out at possible buyers, may not
use a bullhorn or a megaphone, and may not
playa radio, tape player, or other electronic
device at a loud volume.)
12) ~xeept as provided {or in this
Chapter, a vendor or performer shall be
subject to the provisions of Chapter 4.12 of
Article 4 of this Code. Ferformers within the
'I.'hird street
Pronenade SLreet
Performer
District shall be subject to the noise
re~ulations in section 6.36.110 of this
oh~pter~; 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 vendor's
pushcart (or other device) shall be kept clean
and in a safe condition when used on public
property.
following:
The pushcart shall display the
7
(1) The vendor's name, business
name, and city permit number on all
vertical sides of the cart. The
lettering 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) compliance with Conditions. No
person shall vend contrary to the terms or any
conditions imposed in approving a vendor
permit pursuant to this Chapter.
SECTION 3. Section 6.36.105 is added to Article VI of the
Santa Monica Municipal Code to read as follows:
SECTION 6.36.105. Ttlird street Promenade Street
Perforner District.
la) No person Day perforn in the Third
street Prcmenade street Performer District
without first obtaining and having in his or
her possession a Pcrfor~ancc Permit issued by
the City in accordance with this chapter.
(b) To receive 11 Perforr.l.l1nce perm.it, a
person must co~plete and file with the City a
8
Performance Permit application on the form
approved by the city. ~he applicanl(s) aust
provide the following information:
(1) The names of all
individuals per(orming under the
pernit.
(2) The addresses of all
individuals perfor:"liny under the
perml)';';
(3) Proof of the identity of
lhe performer(s).
(4) ! or identi fica. t ion
purpo~es, a general description of
lhe type of act to be perro~~d.
(S) A descripticn of any
instrunent(s) or propes) which will
ba usod by the perfor=er(s).
(c) Upon receipt of a written
application for a Perforr~nce permit, a
Performance PecCii t sha 11 be approved wi tb~1:l
t,hI:ee (3) business days of the filinq of a
fully co~pleted application, unless one of the
following findings is made:
(1) Tho appl ic:ant has knowin;rly
made a false, mislendinq, or
9
fraudulent statement of !act to the
Cily in the application process.
(2) The application does not
contain the information required by
this Chapter.
(3) The applicant has not
satisfied the require~ents c( this
Chapter.
Ce) The City may condition the approval
of any Performance Permit to ensure compliance
with this Chapter and other applicable laws.
(d) A Performance Permit shall be
revoked upon thrue CJ) convictions for
viol at ion of the provisions of this Chapter
when the violations occur within one (1)
Dnnual per:.1it period, and the permittee(s)
shall be prohibited from performing' on the
Pronenade for a six (6' month period. ~ plea
or verdict of guilty or a conviction following
a plea of nelo contendere is dee~od to bo a
conviction within the ncanln~ of this section.
(0) No application for a Pcrforcance
Per~it or the renewal thureof shall be
accepted unless the application is accompanied
by a paynenL of an nnnual fee of one hundred
twenty dollars ($120.00), which nay be paid in
10
equal quarterly installments of thirty dollars
($30.00) on a quarterly basis.
Nonpayment of
any
quarterly
in~tallment
shall
void
any
permit issued.
(f) The Perform~nce Permit sh~ll not be
assignable or transferable.
SECTION 4. section 6.36.110
of Article
VI of the Santa Monica Municipal Code is amended to read as
follows:
SECTION
6.36.110.
special
Performance
Requlations for Third street Promenade.
1_\
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.............. '-0-........ """' .
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................
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_"'-....."lI"......... ........'-'"..& ,t'.... "wi' . ...---
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No performer
shall perform in the Third street Promenade
Street
Performer
District
outside
of
an
11
enclosed building
in violation of
the
following requirements:
(~a) No performer shall perform except
during the following time periods
(~ 1) 11:00 a.m. to 2:00 p.m.
(ii 2) 2:00 p.m. to 5:00 p.m. on
Saturday and Sunday.
(iii 3) 5:00 p.m. to 10:30 p.m. on
Sunday through Thursday.
(iv 4)
5:00 p.m. to 12:00 a.m. on
Friday and Saturday.
(~ b) No performer shall perform during
any special event p~~=-itt~~ authorized by the
city.
~..... \ ."T_ ___..,;:_____ _.....-." ___..(;:___ ..: _ __.....
\ - J .....- ,t'''-..... ...."'.....~,....- _....IWII-___ .t'-....... -....." .-...... _.....~
----
......L............
....::11__':: __...~_A t-... "''-_ ,.....,: ....,... 1l6_.....____ __
...............,.....~...I......--_....... AJ~ -......'- "'-".....:1 .......""'..&""""':1........ ~...
-- ----
w-.a& _...__
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......................... .t"'"........L-.L.""..L-.a..lI_.....__...... "'I-I-~~ ~...... ~.......,.........LAJ.....w~.......
(e) Performances shall be limited to
dosignated performanco areas, as established
by Resolution of the City Council.
(d) Performances shall not exceed sound
levels as designated below, as measured from a
reference
point
of
15
feet
frOM '.~; ;t~.
perfor~ance area:
(1) Sunday through Thursday:
85 decibels between 11:00 a.m. and
12
9:00 p.m., 75 decibels between 9:00
p.N. and 10:30 p.m.
(2) Friday and Saturd3.Y: 85
decibels between 11:00 B.m. and 10
p.m.,
75 decibels between 10 p..ja~
....... ...........
and 12:00 B.m. the next day.
(4 e) No performer shall construct,
erect, or bring with him or her any stage,
platform, or other structure for use during
any performance.
i~\ ....T_ ___.&:_____ _h_" ...__ __..-y ___,.:~..:__~
\-1 ......- ,t"-......-...........-.... .......................... --- ..........~ _...'IJ:"~..........&.-......
__..._..::1 __'1....:____... ..:__,.....3..:__ __....:1";:_ ....___
....."'.............. '-":I. "-4.~.I:""..IiI...........~ I ........""~ ~"'""......-I."=' "-4......~ .... """"'""'"..L-...., ..............t"'-
-, -......--
~........~.......L.
_..:......:,__ _,__"'-___...:_ ...:J_...r":__ .....1..._.
...................L-..L.......... _....__ Iwo.&.. "-J.&........_ ......."-'.- ..L.......... ..........'\A,....
..........: ,. .: ___ _ ____1,.__
~""""..L.~~~~ ~ ~~~~~~~.....
(6 f) No performer shall use any knife,
sword, torch, flame, axe, saw, or other object
that can cause serious bodily injury to any
person, or eng~ge in any activity, includinq
but not limited to, acrobatics, t~blinq, or
unicyclinq, that can cause serious bodily
injury to any perb~n.
(+ q) Performers shall comply with the
provisions of all noise regulations of the
City and in addition shall not perform so
loudly as to be heard inside the premises of
13
an adjacent building or structure while the
entrance to the premises is closed.
(& h) Performers shall keep his or her
performance site litter free.
(~ i) No performer shall block the entrance to
any establishment
-.t'-....
.c__ 1.-...'11_.:____
......... ~.......,.......&.................
unless
the
performer has the consent of the owner or operator
of the establishment.
,-,
, -,
'1:'1....____ .:: ___
.........-.......... ---....-.
':'~i:3 Ch~pt~:::'
-....--"
_...._~....
--...
---, ...
-.I:""'r"'~
.-.
....... .
,...\ 'i\__.::......;P.;__ _______....._~ _"...__.,,__. ..._
\.&../ ....a._..............._...__...:I' '-4..t""t-'."""y......'"'" 1-''t04..........'-4.......... "".....
~__....-t___ ~ ~~ 1.:=-n "'J ~~ '1l1::'nl_\ ~..,,~ nAn ...._
......----................................. -J...J''IJ....__, _.__....__\_,1 -.--.--.:- --
c ~ ~ n"'"7n __....=I ~ A'" n~n _~ ....l..._ ~__...__ '-,__.:__
_.__...""'._, ~-Io.......... .......7.....,.......... "wr... _'1..4,..........._ ......,..._____
""'-'1'1_';- _-= __, r"I_,.:J_
...-.....................~.t''LA..... --.....-.
,..."
\-,
1\_... _____..._...::1
..~.&~ --.t't"....-.--......
p.:lrticip~~'t
.........1
"1":"_____, _
.... ...........-.... -
..__1.._..... __...::I __.....
................"10.___ ................ "'-I......,Z
_____....._..3 ___......: _..:: ___~
'\.oIL!:" 1::'.L. "" .. ......."-'1. .,t'........&.......L...... ..&.,t'..............
""- --.."
~.... -.......:L
___........: _, _...""__..... _....~......__.: --...:::I ........ .........._ ".:: ........
-.t'''--.........~ "'"' " 'two.......... 1..&................_..... .........-- -~ _...&- -~-~.
SECTION 5. section 6.36.120 is added to Article VI of the
Santa Monica Municipal Code to read as follows:
Section 6.36.120. penalties. ~ny person
violating Seclions 6.36.105 or 6.36.110 shall
be guilty of an in!raclion. which shall be
punishable by a fine not oxceodinq two hundred
fifty dollars ($2~O.OO) per violation.
Each
such person shall be guilty of II separate
14
offense for each and uvery day during any
portion of which any violation of this section
is conr.itted, continued, or per=ittcd by such
per90n and shall be punished accordingly.
Ili
,
addition to lhe penalties herein provided, any
condition caused or per~ilted to exist iu
violation of the provisions of this section
shall be dee~ed a public nuisance and aay be,
by this City, sum~arily abated as such, and
each day such condition continues shall be
regarded as a new and separate offense.
SECTION 6. Section 6.36.130 is added to Article VI of
the Santa Monica Municipal Code to read as follows:
S~CTION 6.36.130. E~emp~~~ns;
This chapter shall not apply to:
(1) AcLivilies approved pursuant to
Seclions 3.36.150, 3.36.150(cJ, 6.36.0"'0 to
6.36.070, and 6....4.060 of the Santa Monica
Municipal Code.
(2) Any approved participant in any
E'arrler's Market.
(3) 1\ny approved participant in any
~pecial evcnt authorizcd by the city.
15
SECTION 7. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this ordinance.
SECTION 8. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 9. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall cause
the same to be published once in the official newspaper
within 15 days after its adoption.
This ordinance shall become
effective after 30 days from its adoption.
A~PPROVED AS TO f~ORM:
,,--' ,
~ ./ ~ ~
/, ~r"
/";0' ~i;~)E~~j~~~~h_, r, L~..
( A ting city Attorney
./
16