SR-6-E (90)
/lmeqj. -r/J 'E
~.1f. ~6IIa-
JUL 2 0 ~ ~
~ ,
- -
FIRE ADMIN EAB WK F \STFRPRTS\ USTANK3
Council Meetmg July 20, 1999 Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to authOrize the City Manager to approve a change order
to the eXisting contract With Arthur D Little for replacement, upgrades and
relocation of underground storage tanks at Fire Station Three
Introduction
ThiS report recommends that the City Council authOrize the City Manager to approve a
change order In the amount of $13,670 to the eXlstmg contract With Arthur D Little for
replacement, upgrades and relocation of the underground storage tanks at Fire Station
Three
Backaround
On October 13, 1998, the City Council approved a contract With Arthur D Little In the
amount of $1,707,618 to conduct underground storage tank removal, replacement and
upgrade actiVities at the Airport, Corporate Yard and Fire StatIon Three Just prior to the
start of the removal of the tanks at Fire Station Three, a fuel leak was discovered that
required emergency mitigation That process has been completed and the new tanks are
ready for Installation
Discl,.l$sion
The deSign for the InstallatIon of the new fuel tanks and location of the new dispenSing
equipment was reViewed by Fire Department staff who recommended that the new fuel
dispenSing Island be located In the northwest corner of the station parking lot to comply With
Umform Fire Code requirements
ThiS also facilitates the installation of ground loop sensors for the cIty Wide electrOnic fuel
management system and causes the tank's vent pipes to be relocated from their current
JUl 2 0 l{,~Cl
1 foE
~
.
posItion on the roof of the station (very close to the neighboring apartments) to the wall on
the north side of the parking lot, well away from any structures A change order IS
necessary to accommodate this design change
Budaet/Financiallmoact
- -
The change order will result In an Increased cost of $13,670 The Fire Department will
provide these funds vIa a budget transfer request from account number
C01006999 589000 to account number C01090298 589000
Recommendation
Staff recommends that the City Council authorize the City Manager to approve a change
order In the amount of $13,670 to the eXIsting contract with Arthur D Little for replacement,
upgrades and relocation of the underground storage tanks at FIre Station Three
Prepared by Ettore A Berardinelli, Fire Chief
Bill Kolberg, Deputy Fire Chief
2
~~ - - -
!Juw.A,ti PJA
f atty\mum\strpts\mjm\stvndrev JUt 2 0 1999
CIty CouncIl MeetIng 7-20-99 Santa Monrca, California
TO. Mayor and City Council
FROM CIty Attorney
SUBJECT Supplemental Report On Proposed Mumclpal Code Amendments
Relating To Performance, VendIng, DisplaYing and Placing Objects On
Public Sidewalks
Introduction
At Its meeting of July 13, 1999, the CIty CouncIl received staff reports, heard public
testimony and delIberated on proposed amendments to the MUnicipal Code Sections
governIng street performance, street vending and the displaYIng and placing of objects on
SIdewalks Based upon the InformatIon which It received and upon Its diScussion, the
Council directed staff to make a number of reVISIons to the proposed ordInance
DISCUSSion
The attached ordInance Includes the revIsIons requested by CouncIl In summary, the
reVISions would (1) authorize admInIstrative gUldelmes relatmg to street performance
durrng specIal events on the Promenade. (2) requIre street performers and heartland
vendors to be 10 feet from City carts on The Promenade, (3) reqUIre performers and
heartland vendors to be 35 feet from one another on the Pier, (4) allow heartland vendors
to utilize two chaIrs on The Promenade and PIer, (5) Impose a 5 Item limIt on the number
1
~FlA
of Items that a performer can display for sale, and (6) Impose a City-wide prohibition
against performing or usmg a table so as to block a curb cut In addition to these changes,
certain findings have been added to the ordinance to reflect the eVidence presented at the
public hearing
The City CounCil also asked staff to evaluate modifYing the ordinance so that hours for
street performance could, m the future, be set by resolutIon rather than by ordinance Staff
recommends deferrmg conSideration of that change until the Impacts upon enforcement
under the attached ordinance can be fully evaluated The CounCil also requested
mformatlon about the hours of operation for Pier businesses Information provided by the
PRC IS attached Finally, CounCil asked staff to evaluate the pOSSibility of adoptmg an
ordinance which would prohibit mCltlng crowds agamst polIce enforcement of the laws
governing performance and vendmg Staff Will need additional time to complete that
project because of the constitutional Implications
Fmally, staff notes that a number of the concerns which were noted at the last CounCil
meetmg Will be addressed administratively and do not require ordmance changes For
example, CounCil mqUlred about how reqUlnng a performer to limit his or her equipment
and paraphernalia to that which he or she could carry away would apply to those
performers WIth dIsabIlItIes ThIS can be handled adminIstratIvely by mterpretatlon of the
prOVISion limiting equipment and paraphernalia, and the City Attorney's office Will prOVide
an Interpretation LikeWise, the City Attorney's offIce WIll prOVide training assistance to the
Police Department With regard to all amendments to the performance and vendor laws
2
Other matters whIch wIll be handled adminIstratively Include ImplementatIon of the mOnltor
program and addItional work on the "free speech" cart program
PREPARED BY Marsha Jones Moutne, City Attorney
Barry A Rosenbaum. Semor Land Use Attorney
Attachments A - Proposed Ordmance
B - Hours of OperatIon for Pier Businesses
3
----
ATTACHMENT A
-------- - --- - - --- - -- -- - --
f \atty\muni\laws\barry\streetvO wpd
CIty CouncIl MeetIng 7-20-99 Santa MOillca, CahfornIa
ORDINANCE NUMBER
-
(Cny Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AevlENDING CHAPTERS 6 36, 6 112.6 116 A~D SECTION 3 12375 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO STREET
PERFORMERS. VENDORS. AND PERSONS UTILIZING TABLES
OR CARTS FOR THE PURPOSE OF DISPLAYING OR
DIS1RIBUTING MERCHANDISE. GOODS. WRITTEN
MATERIALS, OR FOOD OR PLACING OBJECTS
ON THE PUBLIC SIDEWALK, DECLARING THE
PRESENCE OF AN EMERGENCY
\VHEREAS, the Crty of Santa MOllIca has worked for a decade to create and
refine laws governmg street performance and street vendmg whIch recognize
performers' and street vendors' value to the commumty. respect constItutIonal
reqUIrements, protect the safety of reSIdents. workers, and VIsitors m crowded pubhc
spaces, shIeld local busmesses from unfaIr competItIOn, and preserve the aesthetiC
qualIty of the CIty's pubhc spaces. and
\VHEREAS, the difficulty of stnkmg and mamtammg the best pOSSIble balance
between these often competmg goals has been exacerbated by changmg conditions m the
City'S downtO\\TI dIstnct. changmg actIVItIes undertaken by performers and vendors
1
workmg III publIc spaces, and changes m Judicial mterpretatlOn ofF rrst Amendment
guarantees; and
WHEREAS, III order to address the needs and concerns of the CIty'S reSIdents,
performers, VISitors, merchants. street vendors. and pubhc safety personnel, the City has
undertaken major reVISIons to its performance and vendmg laws on at least five separate
occaSIOns SInce they were first adopted m 1989, and
WHEREAS. both the necessIty and the difficulty of estabhshmg. mamtammg and
enforcmg a regulatory system for street performers and vendors workmg m the publIc
spaces \YIthm the CIty IS exacerbated by certam of the City'S definmg characteristIcs,
mcludmg its extreme density and appeal to VISItors, and
WHEREAS. the City consists of Just eight square mIles of coastal land whIch are
home to 90,000 reSIdents, the Job site of 300.000 workers, and a destinauon for as many
as 500,000 VISItorS on weekends and holIdays. and
WHEREAS. the CIty.S unusual densIt)' necessItates special efforts to preserve the
free and safe flow of both pedestrian and vehIcular traffic. particularly in the City's
bustlmg dO\vnto\\TI busmess dlstnct, ItS most crowded sector. and
WREREAS, the greatest challenge In preservIng safe circulatIOn III the dm.vntm.vn
dIstnct eXists m and around the City's most popular public spaces the Third Street
Promenade and the Santa Monica Pier, and
2
\~VHEREAS. the ThIrd Street Promenade IS a three-block-long portIOn of a public
street whIch the Crty has closed to all but emergency vehicular traffic and Improved with
plants~ statuary, fountains, and lIghtmg to create an attractIve. entertaInment-onented
pedesrnan mall In order to reVItabze the downtown busmess dlstnct; and
\VHEREAS, except for Its heavIly traveled cross streets and certain narrow
alley\vays, the Promenade IS \vaIled III on both sides by two and three story structures.
and
WHEREAS. emer!!encv vehicle access to the Promenade IS bv way of a narrow
.... "--.,I OIl '"
smgle lane that runs dmvn the center of the Promenade or by way of the narrow but
heaVIly utIlIzed alleys behind the bUIldmgs WhICh hne the Promenade, and
'WHEREAS, for purposes of preservIng publIc safety in the event of an
emergency, the CIty'S FIre Marshal has evaluated the Promenade as an "outdoor
enclosure" and has calculated the maXImum occupancy load as approXImately 5000
persons per block, and
WHEREAS, III recent years, the huge crowds attracted to the Promenade often
exceed thIS load capacIty. and clImb as hIgh as 10.000 people per block on holIdays,
weekends and other occaSIOns, and
Vv'HEREAS, thiS number does not mclude the thousands of people inside the
many theaters, restaurants. and retaIl establishments ,"vho would flood onto the
Promenade m an emergency, and
3
WHEREAS, the Santa Momca Pier. lIke the Promenade, attracts very large
crowds which, once on the Pier. have severely restrIcted optIOns for egress, and
\VHEREAS. the preCise tIme penods dunng which the Promenade and the PIer
become qmte crowded have become extremely dIfficult to predIct because of the large
number of speCIal events vvhlch occur m the City and regIOn and whIch often attract very
large numbers of VISItors to the PIer and Promenade on days and evemngs other than
\veekends and hohdavs. and
-'
WHEREAS, mamtammg publIc safety on the Promenade and the PIer presents
special challenges to the City's public safety personnel. particularly in tImes of
emergency. because of theIr very large crowds. narrow roadvvays, limited ingress and
egress, and fixed Impediments to circulation, and
\VHEREAS, street performers and street vendors of commumcatIve matenals
make a slgmficant contnbutIOn to the ambIance of the CIty'S umque and stImulating
publIc spaces, but performance and vendmg also pose hazards if left unregulated, and
WHEREAS, over 500 street performers have obtamed performance permIts from
the CIty III the first half of thIS year. and
WHEREAS, vIrtually all street performances and street vendmg m the City occur
III the lImited space at the Promenade or the Pier. and
WHEREAS, unregulated street performance and street vendmg, partIcularly on
the PIer and Promenade, create a safety hazard by Impedmg or blockmg the free flow of
4
- - -- - --
pedestnan traffic, by attractmg large stationery crmvds which block passage, and by
Impamng access for safety personnel: and
WHEREAS. unregulated street performance and street vendmg creates particular
safety hazards for semors, the dIsabled, young children, and others \vlth lImIted mobIlity,
and
\VHEREAS, the uncontrolled placement of sound eqmpment, tables and
paraphernaha on publIc streets and SIdewalks also dISruptS the orderly flow of pedestnan
traffic and the proVISIOn of emergency serVIces, and
\VHEREAS, the placement of blankets and other low-profile objects on public
SIdewalks creates particular hazards for pedestnans, particularly m l1mes of emergency,
and
\VHEREAS, m order to protect publIc safety, street performance and street
vendmg must be regulated to ensure the orderly flow of pedestrIan and vehlc.ular traffic
and ready access for emergency personnel to publIc spaces. particularly the Promenade
and the Pier, and
\VHEREAS, m order to preserve the quahty of resIdents' lives and protect the
CIty's VISItor mdustry, whIch IS an essentIal component of the City's economic vitalIty.
the City must safeguard the Visual appeal and charm of Its streets and publIc spaces, and
WHEREAS, the Promenade and the PIer are frequented by the CIty'S reSIdents
and are also among the pnmary destmatIOns of the approxImately 2.350,000 VISItors
5
whIch flock to the City annually: and
\VHEREAS, the CIty has adopted a senes of comprehensive plans and
development guides which promote aesthetic values CIty-wide and partIcularly on the
Promenade, the PIer and other publIc spaces, and
\VHEREAS, through the adoptIOn of these plans and specIfic legIslatIOn, the City
has been deSIgned as a place where people are encouraged and able to walk through a
safe and attractIve street enVIronment and the CIty IS affirmatively seekmg to elImmate
VIsual blIght on the publIc rights-of-way; and
WHEREAS. a Crty survey has shown that City resIdents' favonte and most
frequent form ofrecreatlon IS walkmg on publIc thoroughfares and in other publIc
spaces; and
WHEREAS, the Cay's expenence has shown that unregulated street vendmg
degrades the appearance, as well as the safety. of en)' streets and pubhc spaces because
vendors prolIferate III numbers and spread theIr tables. blankets, chairs and paraphernalIa
out on the publIc nght of way in the most crowded places; and
WHEREAS, III recent months, the prolIferatIOn of tables. blankets. chairs and
paraphernaha bemg used by vendors. and to a lesser extent by performers has. at tImes,
caused the Promenade and Pier to look lIke flea markets. and thIS appearance IS
detnmental to the greater pubhc \velfare, and
6
WHEREAS. the success of the Promenade has sparked a dramatic resurgence in
the downtown business distnct, and, for the welfare of all City resIdents and workers,
the CIty must stnve to preserve that economic vitahty, and
\VHEREAS. a maJor component ofthe Crty's present economIC vigor IS Its
merchant commumty, and
Vv1-IEREAS, uncontrolled street vendmg would threaten the pubhc welfare by
permmmg unfair competItIOn to merchants \.vho pay substantial rents and by eroding the
Crtv's tax base. and
"' '
\VHEREAS. retaIl outlets on the Promenade and in the do\\nto\vn dlstnct mclude
a large number of stores whIch sell books, pamtmgs, pnnts, compact dISCS, tapes. and
other commumcatIve matenals, and
WHEREAS, the CIty has receIved many complaints about the number of persons
who come to the CIty'S pedestrIan-onented commercIal dlstncts for the purpose of
sellIng goods and serVIces m pubhc space. spread out paraphernalIa and ,vares, and
monopohze large areas ofpubhc space for prolonged penods of times , and
\VHEREAS, current law permits mdividuals to engage in "donatIve vendmg" of
theu "york which means that they may give away theIr art or goods or services and accept
donatIOns m amounts solely of the donor's choosmg, and
\VHEREAS. many mdIVIduals purportedly offering goods for donatIOn VIOlate the
lmv by sellIng theIr \.york or goods for a set or negotiated price; and
7
WHEREAS, the donatIve vendmg provIsIOns have proven to be extremely
dIfficult, If not llnpossIble. to enforce and. as a result, street vending has prohferated on
the Promenade and PIer and has degraded the safety and appearance of those spaces and
created unfaIr competItIOn WIth local merchants, and
\\lHEREAS, other prOVIsIOns governmg the use of publIc space by performers and
vendors and others, mcludmg laws governing use of tables and paraphernalIa on pubhc
thoroughfares, are difficult to obey and to admmlster because they are confusmg m that,
among other thmgs, dIfferent reqUIrements apply at dIfferent tImes and standards are not
umform; and
WHEREAS. the CIty finds that the reasonable regulatIOn of the use of eqUIpment
and paraphernaha and ofthe sale of merchandIse on the City's pubhc streets, sidewalks,
and other publIc places IS a maner of compellmg mterest to the Crty for the reasons
descnbed above, and
WHEREAS, ,,,hIle the CIty acknowledges that street performance and the vending
of merchandIse whlch constItutes or contams a polItIcal, rehglOus, philosophIcal, or
Ideological message is protected by the FIrst Amendment, the CIty must set restnctIons
upon the tIme. place and manner of the exerCIse of these actiVIties to secure and promote
the pubhc health. safety, aesthetiC values, and general welfare of persons in the City of
Santa Momca m their use of the pubhc nghts-of-lvay and other publIc spaces, and
8
\VHEREAS. m the past, the CIty has expended substantIal public tIme and
resources craftmg and revIsmg its regulatIOns governmg street performance and street
vendmg only to reVIse them to meet changmg condltlOns and demands, and
\VHEREAS, on thIS occaSIOn. the CIty has opted to utlhze an extenSIve publIc
process involvmg a senes of meetmgs mcludmg performers, safety personnel, vendors,
merchants, elected officials and others ,vho \vorked to form a consensus as to a
regulatory system; and
\VHEREAS. the proVISIOns of thIS ordmance reflect most aspects of that
consensus, and
WHEREAS. the proviSIOns of this ordinance \Ylll effectuate the City's declared
pohcIes of supporting mdivIdual artists. maintaining pubhc safety. reducing unfair
competItIOn and protectmg the appearance and appeal of the CIty'S most valued publIc
spaces.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS.
9
- ------
SECTION 1 Santa ~foll1ca MUillcipal Code SectIOn 6 36 020 is hereby amended
to read as follows
6.36.020 Definitions.
For purposes of thiS Chapter. the followmg \vords or phrases shall have the
following meanmgs.
(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,
solICIt offers to purchase, or to barter food. or-goods, or-merchandlse~_or
serVIces m any public area from a stand, pushcart. motor vehIcle. or by a
person wnh 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 fee before provldmg goods or serVIces constItutes vending.
Requests for donatIOns m exchange for merchandIse also conshtute
vendmQ.: AcclSptmg \.'oluiltac~' cOiltntmiollS ilft~i- g00ds iliid SISC,,-lC6S al-~
~ ~ -
__ __ _ _ __ ..J _...l _ _ _~ ~.L _ _ _ ~~ --1_ ~~ _
}JIVVIU,\;U 1;:'1 UVl \'~l1UIUES
(d) Vendor. A person who vends This includes a vendor who IS
an employee or agent of another A person engaged m the busmess of
solIcItmg, canvassmg. or taking orders Is- subject to the regulatIons in
10
----- --- --- -- - -- --- --
Chapters 6 24 a-ild G 32. and IS not a "vendor"
(e) Pushcart. Any nonmotonzed mobIle deVIce used In the sale,
barter. or offer for sale of food products, goods, or-merchandise. or
serVIces
(1) Vehicle. Any motonzed deVice used in the sale, barter. or
offer for sale of food products, goods. or-merchandlse. or servIces.
SECTION 2 SectIon 6 36 030 of the Santa Momca MUnICIpal Code IS amended
to read as follows
6.36.030 Exemptions.
The proViSIOns of thIS Chapter shall not apply to
(a) Any approved partIcipant m any farmer's market.
(b) Any approved partICipant III any cultural arts and crafts show
(pursuant to Sectiuil. Chapter 6 44.0 OGe)
(c) Any vendor operating pursuant to or under the authonty of an
approved lIcense agreement on the PIer
(d) Any vendor operatmg pursuant to or under the authority of an
approved lIcense agreement on the pedestnan mall establIshed pursuant to
SectIOn 3 36 150 of thIS Code
11
-- ---
(e) Any vendor operatmg pursuant to SectIOn 3 36 180 OfthlS Code
(fL Any approved participant III any specIal event authorIzed by
the City.
/1:'\ A. ~__. ~__...1~___-1.__1 ___1__ ...1__.4-___1___.....__ r__.J _ _ _..J_ __..._..I...L___ ____.._____1_
~1) rul} UIUIVIUUdl \"\"l1V Ul~UIVU~~;:) lUUU. bUUU;:), Wlll~!;;U Uld~~llal~
___ _______,____.1___ _~ _~___~__Ll__ _____......_ _____ _______1___. _L:'...1__ ____1_1__ ____.1____-4-
VI ull;;l~llallUl;:)1;; Ul auy puvu~ al~a lV all)' llllClllV~l VI Ul~ pUUll~ WIUIVUl
_I- _____ ("1___1_ .._ .3.__...1___1 ______.... _.... _11 .A.-._____ _~~__1_1__ ..1____1___ ~ _____ ~ _ I- _ _ _ __ _ _ ..1
I,,;llitlel:. ~Ul,,;ll lllUl \" lUUi:tl 111U;:)l dl i:tll llUl~;:) V l~lVIY Ul;:)pll;l~~" a ~1,!:;11, lV VI: l;:);:)Ul;;U
1___ .....1__ ~.L-_ _.... ___ ___-L ___1___1_ _4.._....__ ___ ___1__....._____ -4-1__+ .lL1__ !-"-~__~_ _~__ ____~1_1_1_
vy ll1l: '---ll} i:tlllV \..V~l. \"111\..11 ~lallC~ 111 ~UV:!ldll~1C lu,n llll;; lllClll;:) allC aVc:Hli:tVll;;
....l____......____1___~_ ___1__ Tr___ ~__..J~__~....l___1 .,j____1____ ___ ..1__....__1___.....__ .1:'__...1 .L_ ....1__
vu a UV11aUV11 va::>l;:) VIUY 11 au lllUlVluual UDPIUY:! VI Ul;:)UlVUl!;;~ IVVU, lV Ul~
_ __..... _ __ -L- _ __ __ I. _ _ 1_ 1 _ _ T __ .4.____1__ ~___.____r T"'\_____J______4.- _rTT__l..L1_ __ _______--"- _1__11
~A~I;:Ul i:t]Jpu\..aVl~, i:t LV~ 1""\.Ub!;;ll;;;:) \...VUIU)' .LJ'l:pitlUUICIH Vllll:UIUlPl;;IUlll ;:)uau
1__ _1_......____.J ___..l_______....._____....l ___ ......1__ ___...l____--1___11_ ~__________ ___........~..c...._____ ...1__...1__
UI;; UVlaUll:U UUU UlaUlldUll:U III Ull: UIUl v luual ~ pU~:'JI::!:!IVll "'~lll1} 11115 UIUl ll~
___ _1__ _______1___ ____....1_ _11 C"'...._...._ ___..1 r_...1____1 1_____ _____...J_.__ J::'__..J _____..1___"-
VI ~lll: \..Vlllplll:~ ....Hlll i:tll Jldll: auu r\:"U~ldlldW:'J 1!;;E;dlUll1,!:; IUVU plVUU~~
--1_~..L___L__...! ~__
UI;:)UIVUUUll
(g) Any mdIvIdual vending newspapers. leaflets, pamphlets.
bumper stickers or buttons
(h) Any indIvIdual or organizatIOn that vends the following: items
,vhlch have been created. written. composed or otherWIse produced by the
vendor books. cassette tapes. compact dISCS. pamtmgs, photographs or any
other Item that IS mherently commumcative and has nommal utility apart
from Its commumcatIOn
12
SECTION 3 Santa MOnIca MUnIcipal Code SectIon 6.36 140 IS hereby added to
read as follows
6.36.140. Penalties.
Any person \'lOlatmg thIS Chapter shall be guilty of an mfraction.
whIch shall be pUlllshable by a fine not exceedmg two hundred fifty dollars
per VIOlation.
SECTION 4. Santa Monica MUlllcIpal Code SectIOn 6 112 020 IS amended to
read as follows
6.112.020 Definitions.
F or purposes of thIS Chapter. the followmg vvords or phrases shall have the
followmg meamngs
(a) Charge. To reqUIre someone to pay a fee or to set, negotIate or
establish a fee for a performance Seekmg voluntary contnbutions through
passing around a hat leaving open an instrument case or other receptacle,
or soliCiting donatIons after a performance IS not a charge
(b) Performer. An mdlvldual or group who performs III a public
area, for the purpose of proVldmg publIc entertamment
(c) Perform. To engage m a performance iLitiStiC endl;aYui<S,
including, but not hmIted to, the follO\vmg actIVIhes' playmg mUSlC~
13
smgmg. dancmg, actmg~ pantomlmmg , puppeteenng. Juggling, recltmg, or
creating tangIble art objects "Perform" shall not mclude the pi0ductivii 0f
it~iiiS [vi- Sal~ vI [vI Ii charge. the pruVlsion of personal servIces such as
haIr weavmg or massage
(d) Public Areas SIdewalks, parbvays, playgrounds and all other
public spaces located m the City
(e) The Pier. The Santa t\,fOlllca Pier, consistmg of both the
Ne\vcomb PIer and the MUnICIpal PIer. protrudmg from the Santa Momca
State Beach at the south,vesterly termmus of Colorado A venue. and
extendmg for approxImately two thousand one hundred thirty-five feet mto
the Santa Momca Bay
(f) Tan2:ib1e Art Object. The term "'tangible art object" mcludes.
but IS not lImited to, pamtmgs. drawmgs. henna tatoos. photographs. and
sculptures
WEt} Third Street Promenade. ThIrd Street benveen the
southeasterly lme of WIlshire Boulevard and the northwesterly lme of
J ~
Anzona A venue, and benveen the southeasterly lme of Arizona Avenue
and the northwesterly line of Santa Monica Boulevard and between the
southeasterly lme of Santa Momca Boulevard and the northwesterly lme of
Broadwav
14
SECTION 5. Santa MOllIca Municipal Code SectIon 6 112.030 IS amended to
read as follows
6.112.030 Rules and regulations.
(a) SubJect also to SectIOn 6 112050 and Section 6.112.060, no
performer may perform
(I) WIthm ten feet of any bus stop
(2) Withm ten feet of any street corner or a marked pedestnan crosswalk
(3) W Ithm ten feet of the outer edge of any entrance of any business,
mcludmg. but not limIted to. doors. vestIbules, dnveways; outdoor dming area
entnes, and emergency exIts, dunng the hours that any busmess on the
premIses IS open to the pubhc or to persons havmg or conductmg lawful
busmess wIthm those premises
(b) No person may perform on the Thud Street Promenade, the PIer or
any pubhc Sidewalk wIthout first obtammg a performance permIt issued by the
CIty pursuant to SectIon 6 112040.
(c) A performer may not block or obstruct the free movement of
pedestnans If a suffiCient crowd gathers to observe a performer such that the
passage of the publIc through a publIc area IS blocked. a pohce officer or fire
official may disperse that portIon of the cro"vd that IS blockmg the passage of
the publIc If a performer cannot conduct a performance m a locatIOn \vlthout
15
blockmg the passage of the publIc, a polIce 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 Chapter
(d) A performer who performs for a charge shall obtain a business
lIcense and be subJect to all applicable prOVISIOns 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 hcense pursuant to
Chapter 6 04
(e) No performer shall construct, erect, or mamtam any stage, platform,
or slmdar structure for use dunng any performance
(f) No pefformer shall use any knife, sword, torch, flame, axe. saw, or
othef object that can cause senous baddy mJury to any person. or engage in
any actlVlty, mcludmg but not hmIted to. acrobatIcs. tumblmg, or unicyclmg,
that can cause senous bodIly mJury' to any person
(g) No performer shall use any generator, wet cell battery, or other
power source that poses a fire or publIc safety hazard No performer shall
connect or mamtam an electncal cord to an adJacent bUlldmg Of to a CIty
power source
(h) No performer may lItter hIS or her performance SIte
f_, ~T~ __~__J'~____ ~__ ~1_~11 J:~__l~u "-~_ __L1_ ~_~ _L:~ _~~ ____1 ~~_ Ll. ~ ~_~ a
~1} 1'IIV P\;;,11VUll\;:1 ;:)lhCl.ll Ul;:)PUI.J l.allt;IUll;; au VUJl;;lrl.;:) Wlll;;:l;:) U11;; au 1;:)
16
. _ --.l _ _ _ _ -.l_ _ ~ 11_ _ 1_ _ ~_ --1 ._._ _ ...:1_ _ _ _..l _ __ _ _..L _ _ __...:I ...:1_ _ .__ __ _ ....1_ _ J _ _ _ _ 1:" .L1_ _ __ _ __r _ __ __ ~ _ __ _ _
lllUl V lUU(lll)" UallU-VI VUUI,..\;;:U vu :::on!; (llIU UUll11~ Lll'" uay VI HI\;;: l''''llVIUI(llll,..!;
Wffl No performer shall utIlize or prevent the public from utIlIzing
any publIc benches, waste receptacles, or other street furniture dunng the
performance
W(k) No mmor under the age of sIxteen can perform unless the
mmor has obtamed an Entertamment Work PermIt Issued by the
Department of Industnal RelatIOns of the State ofCalIfornta and mamtams
the permIt m hIs/her possessIOn at the time of the performance
(kl(l) No performer shall place any obJect on a publIc sidewalk which
causes less than ~ four foot contIguous feet of the sidewalk wIdth to--being
kept clear for pedestrian passage.
ill(m) No performer shall perform on any publIc sidewalk with more
mstruments... or props. eqUIpment. merchandIse. or other Hems than the
performer can reasonably transport or remove at one trme
(m) No performer shall perfonn in contravention of the allowable
nOIse levels establIshed by Chapter 4 12 and Chapter 6 116 of this Code
(n) No performer shall block or obstruct a curb cut
17
- --------
SECTION 6. Santa ivIonIca MUnIcIpal Code SectIOn 6 112040 IS amended to
read as follows
6.112.040 PerformanCei:i-';i permit.
(a) To receIve a perfonnance permit. a person must complete and
tile WIth the Crt} a performance permIt appltcatlOn on a form approved by
the City The applicant(s) must proVIde the followmg mformatlon.
( I) The names of all mdIvIduals performmg under the penmt
(2) The addresses of all mdlvlduals perfornllng under the permIt
(3) Proof of the IdentIty of the performer(s) Acceptable proof of
Identlty shall mclude. but not be hmIted to, a dnver's lIcense. SOCIal secunty
card. student IdentIficatIOn card. or passport
(4) A detaIled descnptlOn of the nature ofthe act to be performed.
(5) A descnptIon of any mstrument(s) or propes) \VhICh \'1'111 be used
by the performer(s).
(6) If a group is performmg under the permit. a designatIOn ofthe
mdlviduaL and alternate, who WIll be responsIble for compliance with the
proVISIOns of thIS Chapter and who \VIll be present when the group IS
performmg
(7) A mmor under the age of sixteen shall proVide a copy of an
entertamment work permIt Issued to the mmor by the Department of
18
Industnal RelatIOns of the State of CalI forma
(b) The performance permIt WIll be Issued annually commencmg on
Januarv 1st of each calendar "ear
~ ~
(c) Upon receIpt of a wntten applicatIOn for a performance permit, a
performance permIt shall be approved wIthm three busmess days of the
filmg of a fully completed apphcatIOn, unless one of the following findmgs
IS made
(1) The appl1cant has knowmgly made a false. mIsleadmg. Of
fraudulent statement of fact to the Crty m the applIcatIon process
(2) The applIcatlon does not contam the mformatlOn reqUIred by this
Chapter
(3) The apphcant has not satIsfied the reqUIrements of thIS Chapter.
(d) In additIOn to requmng: complIance WIth all proVISIOns of thIS
Chapter, the City may condmon the approval of any performance permit on
the applicant's compliance wIth other proVlslOns of the City's MUnIcIpal
Code whIch are applIcable to the performance tv ~ii5uit- cviiip1iciiict -~vitli
....1___ ~1____...__~
1111~ ~llal'U:;l
(e) The Crty may revoke or suspend a performance permit upon the
commISSIOn of the second VIOlatIOn of thIS Chapter or of permit condmons
vi vth~i. i~quii~iJ.l~iJ.t5 0[t111.5 C1lcipt~i WIthin a SIX month penod. In any
19
--- ---
such case. the permit holder shall have the right to appeal from a decIsIOn
of the Crty to revoke or suspend any permit III accordance \vIth 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 withm six months
after the date of such revocation The eltv shall illd"- establIsh admmis-
J- .;
trabve gmdelmes to aSSIst m the ImplementatIOn of this SectIOn
(f) No applIcatIOn for a performance permit or the renewal thereof
shall be accepted unless the apphcation IS accompanied by a payment of a
non-refundable annual fee III an amount to be set by resolutIon adopted by
the CIty CouncIl.
(g) The performance permit shall not be aSSIgnable or transferable
and shall contam the permit number of the applicant and the year III whIch
the permIt expIres
(h) A replacement performance penmt may be obtained upon
payment of a non-refundable fee m an amount to be set by resolution
adopted by the CIty Councll
(I) A performer shall clearly display hIS or her permIt whIle
performmg, and shall allow InspectIon of the permIt by any City pohce or
fire offiCIal on request
20
1_\.n_...I:'_._____.__ ___._.J___~___~_.___1_1_ ___ _1_.__.L_ ___-<l.-~___.1~..:1 "'-_ 1__
\J) 1 1;1IVIUlI;1:ll-flVUUl..dUe laUolUl\;;, all VUJI;\..L:l lillI;UU\;;,U LV UI..
__~__1_1_1_ .r-___ ...l__......___1___.....___.L_ _.__~ _______1_ ___ _.1:"",-1__ ____1_1._ _1__11 ____~1_1__ ...:1__._1____
avauau1\,; IVl Ul:"lLUVULlVU LV au)" 1l1\;;,11lV\;;'1 VI Ull; PUUH'-' :"luau VIMUIJ Ul:"lpla;' a
_.___ ....._ 1_ _ ~_____..J _.L .__ _1_____ _ 1___ ....1__ ,.-....~.L-_ ___1___1_ _.L_.....__ ___ ___1__.....___ __ .....1__.L
:He11, LV VI; l:"l:"lU'I;;U aL11V \..11CUe\;;, V.." L11,", LiL}. V'\-111\..11 ;:'LaL'I;;:"l 111 ;:,UV:"lLCUl\..1; l11al
4-1__ _-4-_____ ____ _____1_1_1_ ___ _ ..1____-4-.__ 1_____ _._1__
lU":; lLl;lU:! al":; a V" auauu:; vu a uvuaUVll ua:)!:! Vlll V" .
wtkl The Cny Councll may by resolution adjust the pel fomlance
livulS illid nOIse hmItatIOns estabhshed m thIS Chapter during publIc
hohdays.
(k)ft:} Upon IssUIng a permIt, the City shall also gIve the performer a
document whIch summarizes the rules and regulations concernmg street
performances in the CIty. ThIS document may be. but IS not reqUIred to be,
a copy of thiS Chapter
SECTION 7. Santa MOllIca MumcIpal Code Section 6 112.050 IS amended to
read as follows
6.112.050 Special regulations for Third Street Promenade
In addltlon to the requirements of SectIOn 6.112.030 and 6 112040.
no performer shall perform III the Third Street Promenade outside of an
enclosed bUIldmg m VIOlatIOn of the following reqUIrements
(a) Except as proVided III SubsectIOn (0 of thIS SectIOn. no
performer shall perform except dunng the followmg tIme penods
21
-- -~---
(1) Nme a m to ten-thIrty p m. dally
(2) Ten-th1l1y p m on Fnday and Saturday to one-thirty a.m. of the
followmg day
(b) No performer shall perform wIthm SIXty feet of any special event
authonzed by the Crty unless the special event encompasses one or more
City blocks m which case the performance shall be conducted accordmg to
any admmistratrve gUIdelInes which shall be adopted by the City
(c) No performer shall perform WIth more mstruments,- or props...
eqUIpment, merchandIse. or other Items than the performer can reasonably
ClliT} transport or remove at one tIme
(d) Performances shall be limited to deSIgnated performance zones.
as estabhshed by resolutIon of the Cny CouncIl.
(e) As ~statl1shed by Cny COI.iildl ies01uti0il. di.lfing the tilile
__~___~ --1_ ___1____ _____1_1_ _1_ ___1_1__1__ _1:'-1-1__ """T'l____J C'1..L_.__..L T'l__________.J_ ____ _..... __.
PI;IIVU::' Wlll;ll all~V UIV"'l\. VI UIV\".l\.:> V.L UU:: .LllllU Jlll;~l.LIVl11C;llaUC; lli~ at VI
ileai- illah:iilluill 0CCiipailt 10ud. Ii0 pei"50il "~itllijl tlliit t10ck(s) Iilii} No
performer shall
(1) Perform III any specific locatIon \vithin a deSIgnated performance
zone, or \vlthm one hundred twenty feet ofthat locatIon as measured m a
north/south directIon. for more than 1\\'0 one- hour~m any SIX Utiee hour
penod ThIS tv~'o one hour tIme lImit. WhICh shall commence on each even
22
- - -- --
hour, shalt mclude~ the tIme reqUIred to set-up any instruments. or-props,-
eqUIpment. or other Items pnor to the performance and to remove any and
all mstruments. or props. or other Items after the performance
(2) Perform wlthm ten feet of a vendor operatmg pursuant to or
under the authonty of an approved lIcense agreement 5i:-{ty feet of all} other
or wIthm forty thiily-fiv-,;; feet of an v other vendor. performer. or any othel
person utIhzmg a portable table or cart. blciiikel, 0f siiiiilcii iteill for the
pm pose of dIsplaymg or distnbutmg merchandise, goods, wntten materials,
or food. or other Items.
(1) The follmvmg formula establIshes the specIal performance hours
that apply - .
(I) If the holIday follows a weekend and the next day is a workday.
- --
then the hohday shall be treated as If it were Sunday and the day precedmg
the hohday shall be treated as If It were Saturday
(2) If the hohdav precedes a weekend, then the hohday shall be
treated as if It were Saturday and the precedmg day shall be treated as If It
,vere Fnday
(3) If the hohda)' occurs dunng illldvI-'eek, and IS surrounded by
workdays, then the holiday shall be treated as If It were Sunday and the day
precedmg the hohday shall be treated as if It were Friday.
23
The followmgs IS a hst ofhohdavs whIch tngger the applIcatIon of
thIS SubsectIOn New Year's Day. PresIdent's Day, Memonal Day.
Independence Dav. Columbus Day. Labor Dav. Veterans Dav,
Thanksglvmg Day. and ChrIstmas Dav The Cny CouncIl mav by
resolutIOn add to thIS lIst ofhohdays.
SECTION 8 Santa MOnIca MUnIcipal Code Section 6 112060 IS amended to
read as follows.
6.112.060 Special regulations for the Pier.
In addmon to the requirements of SectIOn 6.112 030 and 6.112.040,
no performer shall perform on the Pier outside of an enclosed buildmg m
VIOlation of the followmg reqmrements
(a) Performances shall be lImited to deSIgnated performance zones,
as estabhshed by resolutIon ofthe City CounCIl
(b) Except as provided m SubsectIon (f) OfthIS SectlOn, no
performer shall perform except dunng the followmg time penods.
(1) Eight a ill to ten p m. Monday thru Thursday.
(2) Eight a m to nvelve am (mIdmght) on Fnday
(3) Nme a m to twelve a m (midnight) on Saturday
(4) Nine a m to ten p.m on Sunday
24
(c) No performer shall perform wIthm SIxty feet of any special event
authonzed by the City
(d) No performer shall perform with more mstruments. or-props,-
- or other Items than that performer can reasonably
carry transport or remove at one tIme.
(e) No performer shall
(1) Perform m any specIfic locatIOn WIthin a deSIgnated performance
zone. or wIthm one hundred twenty feet of that location for more than two
hours m any SIX hour penod. ThIS 1\vo hour time lImIt, whIch shall
commence on each even hour, mcludes the tIme required to set-up any
mstruments, props. eqUIpment, or other Items pnor to the performance and
to remove any and all instruments. props. or other Items after the
performance
(2) Perform WIthm thirty-five feet of any other performer. vendor or
any other person utIlIzing a portable table or cart for displaying: or
dIstnbutmg merchandise. goods. \vntten matenals. food, or other Items
(f) The followmg formula establIshes the speCIal performance hours
that apply dunng speCIfied holIdays
(1) If the holIday follows a weekend and the next day IS a workday.
then the holIday shall be treated as If It were Sunday and the day precedmg:
25
the holIday shall be treated as if It were Saturday
(2) If the holIday precedes a weekend. then the holiday shall be
treated as If It "vere Saturday and the preceding day shall be treated as if it
.were F ndav
(3) Ifthe holiday occurs dunng mIdweek. and IS surrounded by
workdavs. then the holIdav shall be treated as If 11 were Sunday and the dav
T' _' --
precedmg the hohday shall be treated as If It were F nday
The follmvings is a list of holIdays whIch tngger the apphcatlOn of
thIS SubsectIon New Year's Day. President's Day, Memonal Day.
Independence Day. Columbus Day, Labor Day. Veterans Day,
Thanksglvmg Day, and Chnstmas Day The CIty CounCil may by
resolutIOn add to thIS lIst of hohdavs
SECTION 9 Santa Momca Mumclpal Code SectIOn 6 112 070 IS amended to
read as follows.
6.112.070 Penalties.
Any person violating thIS Chapter shall be gmlty of an mfractlOn,
\vhlch shall be pumshable by a fine not exceedmg two hundred fifty dollars
per ViolatIon T~_ _...1--1~...~___.L_ ..L1__ ______1.....__ 1__~__~~_ ___~_ ____...1_.....~_~_ ______..J _~_
HI i:lUUll1UH LU LH~ pCHi:l1LIC~ llCICl11, aH} \,;UllUIL1Ull I..au~cu VI
~__~~~___.4.-.&._..l...._ ___~_... ___ ____1_""-____ _.1:'...1___ C"'__...~___ _1__111__ ...1______.J _ ~___1_1!"_
PC;I1111LU:U LV ~Al~L HI Ii lUli:lLlVll VI Lll1~ 0CI..l1UH ~l1all UC UCCll1CU a PUUlll..
26
ilui5ailCe and may be. by lIIi5 CilY. 5Uil.lilliiiiIy abated a5 SUdi, aild each day
____1_ ____..1_""'-____ ____.....~______ _1__"11__ _____~~--1_.J __ _ ______ _._-' __~_____.L_ _rr_.___
:">Ul.<l1 \..VUU111Vll I.-V11l111UC:"> :">11<111 UC 1Ce<11UCU <1:"> <111C,," <111U :-'Cl'<11<1ll;; VLLI:11~C;.
SECTION 10 Santa Momca Municipal Code Section 6 116 0 I 0 IS amended to
read as follows
6.116.010. Use of ft tables- and or carts- and
thiiin.~I:~ other paraphernalia
~_u ...lI~___'___ ____'I _I.!_.L__.!L__.......!___ _.f
IVI UI:\pIit,y <lIIU UI,:\ U IU'UUVll VI
___ _ __ _ 1_ _ __ ...:J! _ _ __ _ _1_ _____.!.......L___
un::I\:U<lUUI~~, bUUU,:\, l1' I un::..
ijiili:~i-iil~~ iliid fuud on
Promenade.
No person shall place any object or deVIce on the ThIrd Street
Promenade for displaymg or dIstnbuting goods. wntten materials.
merchandIse. food. or any other Items utlll.ze anf except a portable tables-or
carts f0i- blankets, 0f slimlai- ileillS f01lhe pllip0se 0f di5playing 0f
--1 ~ _.L_~~ 1___...___ ~ ___ ____1_ _ __ --1_ _ ~ ~ _ _...1_ ____~_.L""'_____ ___ _-#- _ ___ ~ 1 ~ ___ .e__...1 ___ ..1-_ TL___...1
U1:">U1UUll11e 1111:11.-11<111Ul:-'l;;. eVVU:-', W1ILlC111U<1lCl1<11:-', VI 1VVU V11 U11;; 11111U
StIeet Promenade utIlIzed m accordance with the followmg provisions
(a) The table or cart shall be located'
fa) (1) In 8ulslde deSignated areas. as estabhshed by resolutIOn of
the CIty CouncIl.
27
(b) T__ _ _____-L_.________1____...L1_~_~ ____ ______~__t_1__1__.L____________...1__
Hl U eH:':UU;;;l llUll1Ul;l Ulc:lll ,-,al1lI;U~Vl1aLJlJ VI; Ual1~l-'VllI;U Vl
I emo\ ed at one tune
tc7ill At least \Vithm ten feet from the outer edge of any entrance of
any business. mcludmg. but not lImited to: doors. vestIbules. dnvewavs.
., ....... ... >" ., .J'
outdoor dmmg entnes. and emergency eXIts, during the hours that any
busllless on the premIses IS open to the publIc or to persons havmg or
conductmg lawful busmess on those premIses
fd1(3) At least \Vithiii ten feet from of any bus stop.
fe1(f} At least \V itliiii ten feet from of any street comer or a marked
pedestnan crosswalk
(5) So that at least a four foot contIguous sidewalk wIdth IS kept
clear for pedestnan passage
(6) So that a curb cut IS not blocked or obstructed,
(b) The table or cart shall not be larger than four (4) feet III width by
eIght (8) feet III length by three (3) feet m heIght
(c) No structures shall be attached to the table or cart No other
structure may be used to dIsplay the Items The dIsplay area. including the
table or cart. shall be mamtamed m a neat and presentable manner None
of the Items shall be dIsplayed m an area other than upon the table or cart.
mc1udmg. but not lImIted to, m dIsplay racks on the SIdewalks or m the
28
--- - -- -
hangmg of the Items from a bUlldmg or fence or other structure Any
boxes or accessory Items shall be stored entuelv beneath the table or cart
- -
and shall not be stored or piled alongsIde of. behmd, or m front of the table
or can The Items may be stacked on the table or cart, provIded that each
stack shall not exceed the height of 12 mches SIgns may .. the
Side of or on top of the table or cart No SIgns may extend higher than the
top of the table or cart and no signs may be affixed to City facIlities The
site shall be kept clean and all rubbish shall be deposited in proper
receptacles regularly dunng the day and pnor to departing the sIte each day
(d) No person shall utIlIze sandWIch board signs ("A" frames).
canopIes. free-standmg umbrellas. tents. and slmtlar covermgs unless such
use IS authOrIzed by a street use permIt. lIcense, or other City-Issued
authonzatIOn
(e) The table. cart. and all other Items shall be capable ofbemg
transported or removed at one tIme
(f) Any person vendmg pursuant to Sectlon 636 030(g:) shall be
hmIted to two chaIrs The chaIrS may be placed behmd or next to (but not
in front of) the cart or table
A. ..J...J~.!____11__ _____ ..l____ ~_____..... _______1__ ___~......L ....1__ ___ __________ ___......_ _.J:."r-...1_ ___..L__.
l""'IcUUHIVIUUl)". V\;;,UUVl;:' IJlU;:'~ \"..VUljJlY HUU ~lll;; 1I;;YUlll;;lUl;;lU;:' VI \.Alap~l;;l
c "Ie _~ ~____l~~~Ll~
V .;lV. a.;:, ajJjJu\"..aUll;;
29
SECTION 11 Santa Momca MUnIcIpal Code SectIOn 6 116 040 IS amended to
read as follows
6.116.040 Use of a tableS", iliicl carts-, and blankets and other
paraphernalia fUi- clisp~ilY iliicl clisliituliuli uf
Illf:i":;;iiliiclisi:, guucls, wTilli:ii iiliili:i-iii;S aiid fuud on the
Pier.
No person shall place any obJect or deVIce on the Pier for dIsplaymg
or dIstrlbutmg goods. \Vfltten matenals. merchandise. food. or any other
Items pei-SOil illii)' oill} utilize liilY except a portable tables or carts, blankets,
_~_ _____~1__ _......____ _ .L"___ .L1_ _ ________ _ __ _r ...l____1______ _ __. ..J._.L___l___~____ ___ ~___1____ ..1~__
VI :lllllllal lll;;lll~ IVI Illl;: PUlPV:l1;; VI UI:ll-'laYlll~ VI UI:lIllUUlllle 11ll;;;I'-'llaJIUI:ll;;;.
goods. -\,,-iitteil illiiteiiiilii, Oi fuud Oil the Piel utIlIzed m accordance 'with the
following provisions
(a) The table or cart shall be located
taJill In G-tit:;ide designated areas. as establIshed by resolution of
the CIty CouncIl
/1_'- T__ _ _____...._.________l____.Ll____ ____ _________1_1__1__ ________.-1 _____________...:1
\.U) 111 i1 eLl;:dll;:1 llUllIUI;;;L UlaLl "'dllll;;;d~vllauly VI;: ",aUII;:U VI 1l;;;lllVVI;;;U
at one tIme
teJ0 At least \Vithm ten feet from the outer edge of any entrance of
any busmess, mc1udmg. but not hmIted to doors. vestIbules, driveways;
outdoor dmmg area entnes~ and emergency eXits. during the hours
30
that any busmess on the premises IS open to the public or to persons havIng
or conductmg lawful busllless on those premIses.
(d)Q} At least Vlithii1 ten feet from of any bus stop.
feJ( 4) At least \V Ithii1 ten feet from of any street corner or a marked
pedestnan crosswalk
(5) So that at least a four foot contIguous sidewalk width IS kept
. -
clear for pedestnan passage
(6) So that a curb cut IS not blocked or obstructed
(b) The table or cart shall not be larger than four (4) feet in \vldth by
eight (8) feet m length bv three (3) feet m heIght
Kl No structures shall be attached to the table or cart No other
structure may be used to dIsplay the Items The dIsplay area, mcludmg the
of the Items shall be dIsplayed In an area other than upon the table or cart,
mcluding, but not limIted to. In dIsplay racks on the sidewalks or m the
hanging of the items . or fence or other structure. Anv
boxes or accessory Items shall be stored entIrely beneath the table or cart
and shall not be stored or pIled alongsIde of. behmd. or m front of the table
or cart The Items may be stacked on the table or cart, provided that each
stack shall not exceed the height of 12 mches Signs may be attached to the
31
sIde of or on top of the table or cart No sIgns mav extend hIgher than the
top of the table or cart and no signs may be affixed to CIty facIlitIes The
sIte shall be kept clean and all rubbIsh shall be deposIted in proper
receptacles regularly dunng the day and pnor to departmg the site each day
(d) No person shall utilize sandwIch board SIgnS ("A"' frames),
canopies. free-standmg umbrellas. tents. and similar covenngs unless such
authonzatIon.
( e) The table. cart. and all other Items shall be capable of being
transported or removed at one tIme
(f) Any person vending pursuant to Section 6 36 030(g) shall be
lImIted to two chaIrS The chaIrs may be placed behmd or next to (but not
m front of) the cart or table
A ...l...l~-4-_____11_~ _~___..J____ ______-L __.__._1__ ____....1_ .....1__ _______.._._____4.-_ _J:'r'll____.....___
r\.UUJUVllUll)', Vl;llUVI:::' IUU::lll..VUI}lI'y WHU 1I1l; I!;;YUU!;;UIl;JH:::' VI \...-Uo1}ll!;;1
L """tL __ _____1~ __1_1_
U.JV. U;:' UppJJ\.UVIl;
32
SECTION 12 Santa Momca Mumcipal Code SectIOn 6 116 060 IS hereby added
to read as follows
6.116.060 Special Re~ulations for Vendors On The Third
Street Promenade.
No person authonzed to vend pursuant to SectIOn 6.36 030(g) and
636 030(h) may on the Third Street Promenade or the Pier:
(a) Vend III any specIfic locatIOn. or within one hundred twenty feet
of that locatIOn as measured in a north/south dIrectIOn. for more than a nvo
hour penod m any SIX hour penod. ThIs two hour time limit. whIch shall
commence on each even hour. mcludes the tIme reqUIred to set up
eqUIpment and matenal for vendmg and to remove all such eqUIpment and
matenals after vending
(b) Vend wIthm ten feet of a vendor operatmg pursuant to or under
the authonty of an approved lIcense agreement or withm fortv feet of any
other vendor. performer. or any other person utilizmg a portable table or
cart dIsplaymg or dIstnbutmg merchandIse, goods, wntten matenals. food.
or other Items
(c) Vend those Items authonzed by SectIOn 636030 (h) unless that
person IS also performmg. pursuant to Chapter 6 112. the Item vended IS
representatIve of the work bemg. created durmg the performance. and no
33
-------
more than five such Items are dIspla)!ed on the table or cart at anyone tIme
All other reqUIrements specIfied m Section 6 116010 shall apply except
that the performer/vendor shall be lImIted to utIhzmg one (1) table or cart
of a size not larger than four (4) feet m WIdth by four (4) feet m length by
three (3) feet III heIght.
SECTION 13 Santa MonICa MUnICipal Code SectIOn 6.116070 is hereby added
to read as follows.
6.116.070 Special Rei:ulations for Vendors On The Pier.
No person authonzed to vend pursuant to SectIon 6 36 030( g) and
636 030(h) may on the ThIrd Street Promenade or the PIer
(a) Vend in an\' speCific locatIOn, or wIthm one hundred twenty feet
of that locatIOn for more than a t\VO hour penod m any SIX hour penod.
ThIS t\VO hour tIme hmIt. which shall commence on each even hour,
mcludes the time required to set up eqUIpment and matenal for vendmg
and to remove all such eqUIpment and matenals after vendmg
(b) Vend wIthm thnty-five feet of any other vendor. performer. or
anv other person utIlIzmg a table or cart for the purpose of dIsplaymg or
dIstributmg merchandise. goods. wntten matenals. food. or other items.
34
------ - - ---- -- -- - - ----- - --- - ---
(c.) Vend those Items authorIzed by SectIOn 6.36.030 (h) unless that
person is also perfomung purs Chapter 6 112, the Item vended IS
representative of the \vork bemg created during: the performance, and no
more than five such items are displayed on the table or cart at anyone time
All other reqUlrements specI:fied III Section 6 116 040 shall apply except
that the performer/vendor shall be hmIted to utIlizing one (I) table or c.art
of a size not larg.er than four (4) feet m WIdth by four (4) feet m length by
three (3) feet m heIght
SECTION 14 Santa Momca Mumclpal Code SectIOn 6 116080 IS hereby added
to read as follmvs
6.116.080. Penalties,
Any person violatmg thIS Chapter shall be gUIlty of an mfractlOn.
\VhICh shall be pumshable by a fine not exceedmg two hundred fifty dollars
per VIOlatIOn
..,-
.))
SECTION 15 Santa Momca MUlllcipal Code Sectlon 6 116 050 IS amended to
read as follows'
6.116.050. Cilj iippi-uvi-d 5>pi-d;it~ ';:;,,';:;iil:5> Exemptions~
The reqmrements 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 approvmg the event and to
any vendor operatIng pursuant to or under the authonty of an approved
lIcense agreement
SECTION 16. Santa MOnIca MUllIclpal Code SectIOn 3 12375 IS hereby
amended to read as follows
3.12.375. Sidewalk obstruction
No person shall place any deVIce on a public sidewalk for dIsplaymg
or dlstnbutmg goods, wntten matenals. merchandIse, food. or any other
Item except a portable table or cart which IS utlhzed in accordance \VIth the
follO\vIng cnteria lrr.T..... _______._ _1__11__1___ ___ ______ -4-_ 1__ __1_~~..I _____
l'lV pl;;l~Vl1 ~H"'ll jJi"'l..l;; Vi ,","'U~I;; iV UI;; PHil..l;;U allY
_1_~__.L/_"\ _~_ _ ~___1_1__ __...l_____11_ ___1___1_ ~_____1.L_ ~~_ 1___ ....1__~_ r_____ ____.L________
UUJI;;....l\~) Vll i1 PUUlll.. ~IUI;;\'Vi1IJ'!c. WIHl..llll;;~Ull:':> HI 11;;:':>" Llli111IVUI ....VllLl1:5UVU;::,
~__.... _.I:'....1__ ~_--1_____11_1___~_~1____.... _1___~.L"'_~~~__...1__.....~___~_ ~_______
II;;I;;L UI L111;; :':>lUI;;WUIJ'!c UI;;HIE; 1\.l;;p1 1..:11;;i11 IVl pI;;UI;;~Llli111 PU:':>:':>U1:;1;;
36
( a) The tab Ie or cart shall be located:
(I) At least ten feet from the outer edge of any entrance of any
busmess, mcludmg, but not hmlted to doors. vestibules. dnve\vays.
outdoor dmmg area entnes~ and emergency eXits, dunng the hours that any
busmess on the premIses IS open to the pubhc or to persons havIllg or
conductmg lawful busmess on those premIses
(2) At least ten feet from any bus stop
(3) At least ten feet from any street comer or a marked pedestnan
crosswalk
(4) So that at least a four foot contIguous slde\valk \vIdth is kept
clear for pedestnan passage
(5) So that a curb cut IS not blocked or obstructed
(b) The table or cart shall not be larger than four (4) feet in width by
four (4) feet m length by three (3) feet In height
is} No structures shall be attached to the table or cart No other
structure may be used to display the Hems The display area. .
table or cart. shall be mamtamed m a neat and presentable manner None
of the Items shall be dIsplayed m an area other than upon the table or cart.
mcludmg. but not lImIted to. in dIsplay racks on the sIdewalks or III the
hangmg of the Items from a bUlldmg or fence or other structure Any
37
boxes or accessory items shall be stored entirel~[ beneath the table or cart
and shall not be stored or pIled alongsIde of. behmd. or in front of the table
or cart The Items may be stacked on the table or cart. provided that each
stack shall not exceed the heIght of 12 mches Signs may be attached to the
Side of or on top of the table or cart No signs may extend higher than the
top of the table or cart and no signs may be affixed to City faclhtles The
SIte shall be kept clean and all rubbIsh shall be deposIted m proper
receptacles regularly dunng the day and prior to departing the SIte each dav.
Two chatrs ma\' be also be utilIzed. The chaIrs may be placed behind or
next to (but not m front of) the table or cart
(d) No person shall utIlIze sandwich board signs (""AU frames),
canopIes. free-standing umbrellas. tents. and SImIlar covenngs unless such
use is authOrIzed bv a street use permIt. lIcense, or other City-Issued
- .
authorIzatIon
ill The table. cart. and all other Items shall be capable ofbemg
transported or removed at one tIme
(f) This SectIOn shall not apply to vendors regulated by Chapter
636
38
SECTION 17. Santa ~onica MUnIcIpal Code Sections 6.36.130 and 6.116 020
are repealed
SECTION 18 This ordmance IS declared to be an urgency measure adopted
pursuant to the provIsIon ofSectlOn 615 of the Santa MOnIca CIty Charter. As set forth
III the findmgs above. thIS ordmance IS necessary for preserving the publIc peace. health,
safety, and \velfare As an urgency measure. this ordmance is effectIve Immediately upon
adoptIon
SECTION 19. Any provision of the Santa MOllIca MUll1Clpal Code or appendIces
thereto InCOnSIstent \vlth 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 ofthlS Ordinance
SECTION 20 Ifany sectIOn, subsectlOn. sentence, clause. or phrase of thIS
Ordmance IS for any reason held to be invalId or unconstItutIonal by a decIslOn of any
court of competent JurIsdIctIOn, such decIsIOn shall not affect the valIdIty of the
remaming portIons of thiS Ordmance The Cltv CouncIl hereby declares that It would
. "
have passed thiS Ordmance and each and every sectIon, subsection, sentence, clause, or
39
phrase not declared mvalId or unconstItutional ~wlthout regard to whether any portion of
the ordmance would be subsequently declared mvahd or unconstitutIOnal
SECTION 21 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 pubhshed once m the
offiCial newspaper WIthin 15 days after Its adoption ThIS Ordmance shall become
effectIve upon Its adoption
APPROVED AS TO FORM
~JkJluc.~
MARS J NES MOUTRIE
CIty Attorney
f \;\ TTY'.MU,>;P LAWS'. B4.RR Y'.STREET\'O WPD
40
--- - ---- -- - ---
I
.. .
.
.
f \atty\mum \laws\barry\streetvO wpd
City CouncIl Meetmg 7-20-99 Santa MOnIca, CalIfornia
ORDINANCE NUMBER 1949
(CIty CouncIl Senes)
AN ORDISANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTERS 6 36, 6.112. 6116 AND SECTION 3 12375 OF THE
SANTA MONICA MUNICIPAL CODE RELATrNG TO STREET
PERFORc\l1ERS, VEKDORS, AND PERSONS CTILIZING TABLES
OR CARTS FOR THE PURPOSE OF DISPLAYING OR
DISTRlBUTING MERCHA~TIISE, GOODS, WRlTTEN
MATERIALS, OR FOOD OR PLACING OBJECTS
OK THE PUBLIC SIDE\VALK, DECLARING THE
PRESENCE OF AN EMERGENCY
\VHEREAS, the Crt)' of Santa MOllIca has worked for a decade to create and refine
laws governing street performance and street vendmg whIch recognize performers' and
street vendors' value to the communIty. respect constItutIOnal reqUIrements, protect the
safety of reSIdents. workers. and VISItorS m crowded publIc spaces, shield local busmesses
from unfaIr competItIOn. and preserve the aesthetiC quahty of the CIty'S pubhc spaces; and
\VHEREAS, the dIfficulty of stnkmg and maIntammg the best pOSSible balance
between these often competmg goals has been exacerbated by changmg condmons m the
CIty'S dO\vntown dIstrict, changmg actlYltles undertaken by performers and vendors workmg
In publIc spaces. and changes mJudIclal InterpretatIon of FIrst Amendment guarantees, and
1
--
.
..
.
WHEREAS, In order to address the needs and concerns of the CIty's residents,
performers, VIsItors, merchants, street vendors, and publIc safety personnel. the City has
undertaken major reVISIOns to Its performance and vendmg laws on at least five separate
occaSIOns SInce they were first adopted m 1989. and
\VHEREAS, both the necessity and the dIfficulty of estabhshmg, mamtammg and
enforCIng a regulatory system for street performers and vendors workmg In the publIc spaces
wIthm the CIty IS exacerbated by certam of the CIty's defimng charactenstIcs, IncludIng Its
extreme density and appeal to VIsItors, and
\VHEREAS. the CIty consists of Just eIght square mIles of coastal land whIch are
home to 90,000 reSIdents; the Job SIte of 300,000 workers, and a destlllatlOn for as many as
500,000 VlS1!ors on weekends and holIdays. and
\VHEREAS, the CIty'S unusual densrty neceSSItates speCIal efforts to preserve the
free and safe flO\v ofbothpedestnan and vehIcular traffic, partIcularly m the CIty'S busthng
downtO\vn busmess dIStrIct. Its most crowded sector: and
\VHEREAS, the greatest challenge III preservIng safe clrculatlOn III the downtown
dIStrIct eXIsts m and around the CIty'S most popular pubhc spaces. the ThIrd Street
Promenade and the Santa Momca PIer, and
\VHEREAS, the ThIrd Street Promenade IS a three-block-long portIOn of a publIc
street whIch the City has closed to all but emergency vehIcular traffic and Improved WIth
plants, statuary. fountams, and hghtmg to create an attractIve, entertamment-onented
pedestnan mallm order to reVItalIze the downtown busmess dlstnct, and
2
;
,
\\7JIEREAS, except for 11s heavlly traveled cross streets and certam narrow alleyways,
the Promenade IS walled m on both sIdes by two and three story structures, and
WHEREAS, emergency vehIcle access to the Promenade IS by way of a narrow smgle
lane that runs down the center of the Promenade or by way of the narrow but heavIly utIhzed
alleys behmd the bUIldmgs whIch lIne the Promenade; and
WHEREAS. for purposes of preservmg publIc safety m the event of an emergency,
the CIty'S Fife Marshal has evaluated the Promenade as an "outdoor enclosure" and has
calculated the maXImum occupancy load as approxImately 5000 persons per block, and
\VHEREAS, III recent years, the huge crowds attracted to the Promenade often exceed
thIS load capacIty, and chmb as hIgh as 10.000 people per block on hohdays, weekends and
other occaSIOns, and
\VHEREAS, thIS number does not mclude the thousands of people InSIde the many
theaters, restaurants, and retaIl estabhshments who would flood onto the Promenade m an
emergency, and
\VHEREAS, the Santa Momca PIer, hke the Promenade, attracts very large crowds
\vhlch, once on the PIer, have severely restncted optIOns for egress; and
\VHEREAS. the preCIse tIme penods dunng whIch the Promenade and the PIer
become qUIte crowded have become extremely difficult to predIct because of the large
number of speCIal events whICh occur m the Cny and region and whIch often attract very
large numbers of vIsitors to the PIer and Promenade on days and evemngs other than
weekends and hohdays. and
3
-
>
WHEREAS. mamtammg publIc safety on the Promenade and the PIer presents specIal
challenges to the CIty'S pubhc safety personnel, partIcularly III hmes of emergency, because
of theIr very large crowds, narrow roadways, lImned mgress and egress, and fixed
ImpedIments to cIrculahon. and
\VHEREAS, street performers and street vendors of commumcatIve matenals make
a SIgnIficant contnbutlOn to the ambIance ofthe CIty'S umque and shmulatmg public spaces,
but performance and vendmg also pose hazards If left unregulated, and
\VHEREAS, over 500 street performers have obtamed performance permIts from the
CIty m the first half of this year, and
\VHEREAS, vIrntally all street performances and street vendmg m the Cny occur In
the hmHed space at the Promenade or the Pier: and
'WHEREAS, unregulated street performance and street vendmg, partIcularly on the
PIer and Promenade, create a safety hazard by Impedmg or blockmg the free flow of
pedestrIan traffic, by attractmg large statIOnery crO\vds which block passage, and by
Impamng access for safety personneL and
\VHEREAS. unregulated street performance and street vendmg creates particular
safety hazards for semors. the dIsabled, young chIldren, and others WIth hmIted mobIhty,
and
vVHEREAS, the uncontrolled placement of sound eqUIpment, tables and paraphernaha
on pubhc streets and sidewalks also disrupts the orderly flow of pedestrIan traffic and the
proVISIOn of emergency servIces. and
4
.
<
\VHEREAS. the placement of blankets and other low-profile objects on pubhc
sIdewalks creates partIcular hazards for pedestnans, partIcularly m tImes of emergency; and
WHEREAS, m order to protect pubhc safety, street performance and street vendmg
must be regulated to ensure the orderly flow of pedestrIan and vehIcular traffic and ready
access for emergency personnel to pubhc spaces, partIcularly the Promenade and the PIer;
and
\VHEREAS, m order to preserve the qualIty of resIdents' hves and protect the CIty'S
VISItor mdustry, whIch 15 an essentIal component of the City'S economIC vItahty, the CIty
must safeguard the VIsual appeal and charm of Its streets and pubhc spaces, and
\VHEREAS, the Promenade and the PIer are frequented by the CIty'S resIdents and
are also among the pnmary destInatIOns of the approxImately 2,350.000 VIsItors whIch flock
to the CIty annually, and
\VHEREAS, the CIty has adopted a senes of comprehensIve plans and development
gUIdes whIch promote aesthetIc values CIty-Wide and partIcularly on the Promenade, the PIer
and other publIc spaces. and
\VHEREAS, through the adoptIOn of these plans and speCIfic legislatIon, the CIty has
been deSIgned as a place where people are encouraged and able to walk through a safe and
attractIve street enVIronment and the CIty IS affirmatIvely seekmg to ehmlllate VIsual bhght
on the publ1c nghts-of-way, and
\VHEREAS, a CIty survey has shown that City residents' favonte and most frequent
form of recreatIon IS walkmg on pubhc thoroughfares and m other publIc spaces, and
5
---- ---
.
,
-
\VHEREAS. the CIty'S expenence has shown that unregulated street vendmg
degrades the appearance. as \vell as the safety, of CIty streets and pubhc spaces because
vendors prolIferate m numbers and spread theIr tables. blankets. chaIrs and paraphernalta out
on the publIc nght of way m the most crowded places, and
\VHEREAS, III recent months, the prolIferatIOn of tables, blankets. chaIrs and
paraphernaha bemg used by vendors, and to a lesser extent by performers has, at nmes,
caused the Promenade and PIer to look hke flea markets, and thiS appearance IS detnmental
to the greater publIc welfare, and
\VHEREAS. the success of the Promenade has sparked a dramatIc resurgence III the
downtown busmess dIstrIct. and, for the welfare of all CIty reSIdents and workers. the CIty
must strIve to preserve that economIC vItahty, and
\VHEREAS. a major component of the CIty'S present economIC VIgor IS Its merchant
commumty, and
\VHEREAS, uncontrolled street vendmg would threaten the publIc welfare by
permIttmg unfaIr cOmpetltlOn to merchants who pay substantIa] rents and by erodmg the
CIty'S tax base, and
\VHEREAS, retaIl outlets on the Promenade and m the downtown dIStrIct mclude a
large number of stores whIch sell books, pamtmgs, pnnts, compact dISCS, tapes. and other
commumcatIve matenals, and
\VHEREAS, the CIty has receIved many complamts about the number of persons who
come to the CIty's pedestnan-onented commercIal dIstncts for the purpose of selhng goods
6
.
(
.
and serVIces III publIc space, spread out paraphernalIa and wares, and monopolIze large areas
of pubhc space for prolonged penods of tImes; and
\VHEREAS, current law permIts mdlvlduals to engage m "donatIve vendmg" of theIr
work \VhICh means that they may give away theIr art or goods or servIces and accept
donatIons m amounts solely of the donor's choosmg; and
\VHEREAS, many mdIVIduals purportedly offenng goods for donatIon VIOlate the law
by sellmg theIr work or goods for a set or negotIated pnce, and
\\tl1EREAS, the donatIve vendmg prOVISIOns have proven to be extremely dIfficult,
If not ImpossIble, to enforce and, as a result, street vendmg has prolIferated on the
Promenade and Pier and has degraded the safety and appearance of those spaces and created
unfaIr competItIOn \vIth local merchants. and
\VHEREAS, other proVISIOns governmg the use of pubhc space by performers and
vendors and others, mcludmg laws governmg use of tables and paraphernaha on publIc
thoroughfares. are dIfficult to obey and to admImster because they are confusmg In that,
among other thmgs. dIfferent reqUIrements apply at dIfferent tImes and standards are not
umform. and
\VHEREAS, the CIty finds that the reasonable regulatlon of the use of eqUIpment and
paraphernalIa and of the sale of merchandIse on the CIty'S pubhc streets, SIdewalks, and
other publIc places 15 a matter of compellmg Interest to the CIty for the reasons descnbed
above, and
7
.
~
VlHEREAS, whIle the Cny acknowledges that street performance and the vendmg of
merchandIse whIch const1tutes or con tams a polItIcal. rehgIOus, phIlosophical, or IdeologIcal
message IS protected by the FIrst Amendment, the CIty must set reStrIctIons upon the tIme,
place and manner of the exerCIse of these actIVities to secure and promote the publIc health,
safety. aesthetic values, and general welfare of persons m the City of Santa MODIca In theIr
use of the pubhc nghts-of-way and other pubhc spaces, and
\VHEREAS, m the past, the CIty has expended substantIal publIc tIme and resources
craftmg and revlsmg Its regulat10ns governmg street performance and street vendmg only to
reVIse them to meet changmg condITIons and demands; and
WHEREAS. on thIS occaSIon, the Cny has opted to utIlIze an extenslVe publIc process
mvo]vmg a senes of meenngs mcludmg performers. safety personnel, vendors, merchants,
elected offiCIals and others who worked to form a consensus as to a regulatory system; and
\VHEREAS, the prOVISIOns of thIS ordmance reflect most aspects of that consensus;
and
\VHEREAS, the proVISIOns of thIS ordmance 'WIll effectuate the CIty'S declared
polICIes of supportmg mdlvldual amsts. mamtammg pubhc safety. reducmg unfau
cornpetltIon and protectmg the appearance and appeal of the City's most valued pubbc
spaces.
NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF SANTA MOXICA
DOES HEREBY ORDAC\ AS FOLLO\VS:
8
.
,
SECTION 1 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 followlllgwords or phrases shall have
the followmg meamngs
(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, sol1CIt
offers to purchase. or to barter food, goods, merchandIse, or services III any
pubhc 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, negol1ate, or estabhsh a fee before
proYldmg goods or servIces constItutes vendmg. Requests for donatIOns III
exchange for merchandIse also consl1tute vendmg.
(d) Vendor. A person who vends ThIS mcludes a vendor who IS an
employee or agent of another A person engaged m the busmess of sohcItmg,
canvassmg, or takmg orders subject to the regulatIOns m Chapter 6.24 IS not
a "vendor"
(e) Pushcart. Any nonmotonzed mobIle devIce used III the sale,
barter, or offer for sale of food products, goods, merchandIse, or services
9
.
.
.
(t) Vehic1e. Any motonzed device used m the sale, barter, or offer
for sale of food products, goods. merchandIse, or serVIces.
SECTIOX 2 SectIOn 6.36.030 of the Santa MOllIca MUnIcIpal Code IS amended to
read as follows
6.36,030 Exemptions.
The provIsIons of this Chapter shall not apply to
(a) Any approved partIcIpant III any farmer's market.
(b) Any approved partIcIpant m any cultural arts and crafts show
(pursuant to Chapter 6 44)
(c) Any vendor operatmg pursuant to or under the authonty of an
approved lIcense agreement on the PIer
(d) Any vendor operatmg pursuant to or under the authonty of an
approyed lIcense agreement on the pedestnan mall establIshed pursuant to
SectIon 3 36 150 of thIS Code
(e) Any vendor operatmg pursuant to SectIOn 3 36.180 of thIS Code
(f) Any approved partICIpant m any speCIal event authonzed by the
CIty
(g) Any md1VIdual vendmg newspapers, leaflets, pamphlets, bumper
stIckers or buttons
10
.
.
(h) Any mdIvIdual or orgamzatlOll that vends the followmg Items
which have been created. \\'Tltten, composed or otherwIse produced by the
vendor books. cassette tapes, compact dISCS, pamtlllgs, photographs or any
other Item that is mherently commumcatIve and has nommal utIhty apart from
Its commumcatlOn
SECTIO~ 3 Santa ~1omca MUnICipal Code SectIon 6.36 140 IS hereby added to
read as follows:
6.36.140. Penalties.
Any person vlOlatmg thIS Chapter shall be guIlty of an mfractIon, whIch
shall be pumshable by a fine not exceedmg two hundred fifty dollars per
vlOlatlon
SECTION 4 Santa MOllIca MUlllcIpal Code SectIOn 6.112.020 IS amended to read
as follows
6.112.020 Definitions.
For purposes of thIS Chapter, the followmg words or phrases shall have
the followmg meamngs:
(a) Charge. To reqUIre someone to pay a fee or to set. negotiate or
estabhsh a fee for a performance Seekmg voluntary contnbutIons through
11
.
passmg around a hat, leavmg open an mstrument case or other receptacle. or
solICItmg donatIOns after a performance IS not a charge.
(b) Performer. An mdIVIdual or group ,,;,:ho performs m a pubhc area,
for the purpose of provIdmg publIc entertamment
(c) Perform. To engage m a performance mcludmg, but not hmIted to,
the followmg actIvUles: playmg mUSIC. smgmg. dancmg, actmg, pantoIlllmmg,
puppeteenng, Jugglmg. recItmg, or creatmg tangIble an objects "Perform"
shall not mc1ude the provIsIOn of personal servIces such as half weavmg or
massage
(d) Public Areas SIde"valks. parkways, playgrounds and all other
pubhc spaces located m the CIty
(e) The Pier. The Santa MOnIca PIer, conslstmg of both the Newcomb
PIer and the :tvfullIclpal PIer. protrudmg from the Santa MOllIca State Beach at
the southwesterly termmus of Colorado A venue, and extendmg for
approxImately two thousand one hundred thIrty- five feet mto the Santa MOnIca
Bay
(f) Tangible Art Object. The term "tangIble art object" mcludes, but
IS not lImIted to. pamtmgs. drawmgs, henna tatoos, photographs, and
sculptures
(g) Third Street Promenade. ThIrd Street between the southeasterly
hne of\VllshIre Boulevard and the northwesterly hne of Anzona A venue, and
12
- -- ----- -
.
between the southeasterly lIne of Anzona A venue and the northwesterly lme
of Santa tvfomca Boulevard and between the southeasterly Ime of Santa
Momca Boulevard and the northwesterly hne of Broadway.
SECTION 5 Santa ~1onIca MUnIcipal Code SectIOn 6.112 030 IS amended to read
as follows
6.112.030 Rules and regulations.
(a) Subject also to SectiOn 6 112050 and SectIOn 6 112060, no
performer may perform
(1) Wlthlll ten feet of any bus stop
(2) \VIthm ten feet of any street corner or a marked pedestnan crosswalk
(3) \Vlthm ten feet of the outer edge of any entrance of any busllless,
mcludmg, but not lImited to, doors, vesnbules, dnveways, outdoor dmIng area
entrIes. and emergency eXIts, dunng the hours that any busmess on the
premIses IS open to the publIc or to persons haVIng or conductlllg lawful
busmess wIthm those premises
(b) No person may perform on the ThIrd Street Promenade, the PIer or
any publIc SIdewalk WIthout first obtamlllg a performance permIt Issued by the
CIty pursuant to Sectlon 6 112 040
(c) A performer may not block or obstruct the free movement of
pedestnans If a suffiCIent crO\\'d gathers to observe a performer such that the
13
.
passage of the pubhc through a public area IS blocked, a polIce officer or fire
officIal may dIsperse that portIOn ofthe crowd that IS blockmg the passage of
the pubhc. If a performer cannot conduct a performance m a locatIOn WIthout
blockmg the passage of the publIc, a pohce officer or fire offiCial may cause
the performer to leave the locatIOn, but shall not prevent the performer from
occupymg another locatIon In complIance WIth thIS Chapter
(d) A performer who performs for a charge shall obtam a busmess
hcense and be subject to all apphcable proVISIOns of Chapter 636 A
performer who performs \vlthout charge shall not be reqUlred to obtaIn a
vendor permIt pursuant to Chapter 6.36 or a bUSIness lIcense pursuant to
Chapter 6 04
( e) :!\i 0 performer shall construct, erect. or mamtam any stage, platform.
or SImIlar structure for use dunng any performance
(f) No performer shall use any kmfe. sword, torch, flame, axe, saw, or
other object that can cause senous bodlly mJury to any person, or engage m
any actIvIty, mcluding but not hmIted to, acrobatICS. tumbhng, or umcychng,
that can cause senous bodIly Injury to any person
(g) )Jo performer shall use any generator. wet cell battery, or other
power source that poses a fire or publIc safety hazard. Ko performer shall
connect or mamtam an electrIcal cord to an adjacent bUlldmg or to a CIty
pO\ver source
14
.
,
(h) No performer may htter hIS or her performance sIte
(I) No performer shall utIhze or prevent the pubhc from utIhzmg any
publIc benches, waste receptacles, or other street furnIture dunng the
performance
(J) No mmor under the age of SIxteen can perform unless the mmor has
obtamed an Entertamment \V ork PermIt Issued by the Department ofIndustnal
RelatIOns of the State of CahfornIa and mamtams the permIt m hIslher
possessIOn at the tIme of the performance.
(k) No performer shall place any object on a publIc sIdewalk whIch
causes less than a four foot contIguous sIdewalk wIdth bemg kept clear for
pedestnan passage
(1) No performer shall perform on any publIc sIdewalk WIth more
mstruments, props, eqUIpment, merchandIse, or other Items than the performer
can reasonably transport or remove at one tIme.
(m) No performer shall perform m contraventIon of the allowable nOIse
levels establIshed by Chapter 4 12 and Chapter 6.116 of thIS Code
(n) No performer shall block or obstruct a curb cut
15
.
SECTION 6 Santa MOnIca MUlllcIpal Code SectIOn 6.112.040 IS amended to read
as follows
6.112.040 Performance permit.
(a) To receIve a performance permit, a person must complete and file
with the CIty a performance permIt applIcatIOn on a form approved by the
CIty The apphcant(s) must prOVide the followmg mformatlon:
(1) The names of all mdlvIduals performlllg under the permIt
(2) The addresses of all mdIVlduals performmg under the permit.
(3) Proof of the Identity of the performer(s). Acceptable proof of
Identity shall mclude. but not be lImited to, a dnver's hcense, socia] security
card. student IdentIficatIOn card, or passport
(4) A detaIled descnptIOn of the nature of the act to be performed.
(5) A descnptIOn of any mstrument(s) orprop(s) which Will be used by
the performer( s)
(6) If a group IS performmg under the permIt, a deSIgnatIOn of the
mdIYldual, and alternate. who Will be responsible for comphance WIth the
proViSIons of thiS Chapter and who WIll be present when the group IS
performmg
(7) A mmor under the age of SIxteen shall proVide a copy of an
entertamment work permit Issued to the mmor by the Department ofIndustnal
RelatIOns ofthe State of CalIfornIa
16
.
.
(b) The performance permIt Will be Issued annually commencmg on
January 1 st of each calendar year.
(c) Upon receIpt of a wntten applIcatIOn for a performance permIt, a
performance permIt shall be approved wIthm three busmess days of the fillllg
ofa fully completed apphcatIon, unless one of the followlllg findmgs IS made.
(1) The apphcant has knowmgly made a false, mlsleadlllg, or fraudulent
statement of fact to the CIty m the applIcatIOn process
(2) The apphcatIOn does not contam the mformatlOn reqUIred by thIS
Chapter.
(3) The apphcant has not satIsfied the reqUIrements of this Chapter
(d) In additIon to requmng comphance \Vlth all provIslOns of thiS
Chapter, the CIty may condItIon the approval of a performance permIt on the
applIcant's complIance WIth other proVISIOns of the CIty'S MUnICipal Code
whIch are apphcable to the performance
(e) The City may revoke or suspend a performance permIt upon the
commiSSIOn of the second VIOlatIOn of thIS Chapter or of permIt condmons
\vlthm a SIX month penod In any such case, the permIt holder shall have the
nght to appeal from a decIslOn of the CIty to revoke or suspend any permIt m
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
17
.
wIthm SIX months after the date of such revocatIon. The CIty shall establIsh
admmIstratIve gUIdelmes to aSSIst In the implementatIOn of this SectIon
(f) No applIcatIOn for a performance permit or the renewal thereof shall
be accepted unless the apphcatIOn IS accompamed by a payment of a non-
refundable annual fee m an amount to be set by resolutIOn adopted by the City
CouncIl
(g) The performance permIt shall not be aSSIgnable or transferable and
shall contam the permIt number of the apphcant and the year m which the
permit expires
(h) A replacement performance permit may be obtamed upon payment
of a non-refundable fee m an amount to be set by resolutIOn adopted by the
CIty CouncIl
(1) A performer shall dead:y dIsplay hIS or herpenmt whIle performmg,
and shall allow mspectlon of the permit by any CIty polIce or fire offiCIal on
request
(]) The CIty CounCil may by resolutIOn adjust the nOIse lImItatIOns
estabhshed III thIS Chapter dunng publIc holIdays
(k) upon Issumg a permlt, the CIty shall also give the performer a
document whIch summanzes the rules and regulatIOns concernmg street
performances In the Cny. ThIS document may be. but IS not reqUIred to be. a
copy of thIS Chapter
18
--- -- - -
.
SECTION 7 Santa MOnIca MUnIcipal Code SectIOn 6 112.050 IS amended to read
as follows
6.112.050 Special regulations for Third Street Promenade
In additIOn to the requuements of SectIOn 6.112030 and 6 112.040, no
performer shall perform III the ThIrd Street Promenade outSIde of an enclosed
bmldmg m VIOlation of the followmg requIrements
(a) Except as provided m SubsectIOn (f) of thIS SecTIon, no performer
shall perform except dunng the following tIme penods.
(1) Kme a m. to eleven p.rn dally.
(2) Eleven pm on Fnday and Saturday to one-thuty a.m. of the
followmg day.
(b) ?\ 0 performer shall perform wlthm SIXty feet of any speCIal event
authonzed by the CIty unless the speCial event encompasses one or more City
blocks m WhICh case the performance shall be conducted accordmg to any
admIll1stratlVe gmdelmes WhICh shall be adopted by the Cny
(c) No performer shall perform \vIth more mstruments, props,
eqUIpment. merchandIse, or other Items than the performer can reasonably
transport or remove at one time
( d) Performances shall be lImIted to deSIgnated performance zones. as
estabhshed bv resolutIOn of the CItv CounCIl
. .
(e) )10 performer shall
19
.
(1) Perform In any specIfic locatIOn wIthm a desIgnated performance
zone, or wIthm one hundred twenty feet of that locatIOn as measured m a
north/south duectIon, for more than two hours m any SIX hour penod. This two
hour tIme lImn, which shall commence on each even hour, mcludes the tIme
reqUIred to set-up any mstruments, props, eqUIpment. or other Items pnor to
the performance and to remove any and all mstruments, props. or other Items
after the performance.
(2) Perform wIthlll ten feet of a vendor operatmg pursuant to or under
the authonty of an approved lIcense agreement or WithIn forty feet of any other
vendor, performer, or person utIhzmg a portable table or cart for dIsplaYIng or
dIstnbutmg merchandIse, goods, \vntten matenals. food, or other Items
(f) The follmvmg formula estabhshes the specIal performance hours
that apply dunng speCified hohdays
(1) If the holIday follows a weekend and the next day IS a workday,
then the hohday shall be treated as If It \vere Sunday and the day precedmg the
hohday shall be treated as If It were Saturday
(2) If the holIday precedes a weekend, then the hohday shall be treated
as If It were Saturday and the precedmg day shall be treated as If It were
F nday
20
.
(3) If the holIday occurs dunng mIdweek, and IS surrounded by
workdays, then the holIday shall be treated as If It were Sunday and the day
precedmg the hohday shall be treated as If It were Fnday
The followmgs is a lIst ofhohdays whIch tnggerthe apphcatIon of thIS
SubsectlOn. Ne\v Year's Day, PresIdent's Day, Memonal Day, Independence
Day. Columbus Day, Labor Day, Veterans Day, ThanksgIvmg Day, and
Chnstmas Day The CIty CouncIl may by resolutlOn add to thIS hst of
hohdays
SECTION 8 Santa :MOllIca Mumclpal Code Section 6.112.060 IS amended to read
as follows
6.112.060 Special regulations for the Pier.
In addItIon to the reqUIrements ofSectlOn 6 112030 and 6 112040, no
performer shall perform on the PIer outsIde of an enclosed bUlldmg m
vlOlatlOn of the followmg reqUIrements.
(a) Performances shall be hmlted to deSIgnated performance zones, as
establIshed by resolutIon of the CIty CouncIl
(b) Except as proVIded In SubsectIOn (f) of thIS SectIon, no performer
shall perform except dunng the followlllg time penods
(1) EIght a.m. to ten p.m Monday thru Thursday
(2) EIght a ill to twelve am (mIdmght) on Fnday
21
(3) Nme a m to twelve am. (mldmght) on Saturday.
(4) Nme a.m to ten p m on Sunday
(c) No performer shall perform wlthm SIXty feet of any specIal event
authonzed by the CIty
(d) ~o performer shall perform WIth more Instruments, props,
eqUIpment, merchandise, or other Items than that performer can reasonably
transport or remove at one tIme.
( e) No performer shall:
(1) Perform m any specIfic locatIOn wIthm a deSIgnated performance
zone. or wIthm one hundred twenty feet of that locatIOn for more than two
hours III any SIX hour penod ThIs 1\1,'0 hour tIme hmIt, whIch shall commence
on each even hour, mcludes the lIme reqUIred to set-up any mstruments, props,
eqUIpment, or other Items pnor to the performance and to remove any and all
Instruments. props. or other Items after the performance
(2) Perform wIthm thIrty-five feet of any other performer, vendor or any
other person utIlIzmg a portable table or cart for dIsplaymg or dIstnbutmg
merchandIse, goods. wntten matenals. food, or other Items
(t) The followmg formula estabhshes the specIal performance hours
that apply dunng specIfied hohdays
22
.
.
(1) If the holIday follows a weekend and the next day IS a workday,
then the hohday shall be treated as 1f It were Sunday and the day precedmg the
hohday shall be treated as If It were Saturday.
(2) Ifthe hohday precedes a weekend, then the hohday shall be treated
as 1f It were Saturday and the precedlllg day shall be treated as If 11 were
Fndav.
~
(3) If the holiday occurs dunng midweek, and IS surrounded by
workdays, then the hohday shall be treated as If It were Sunday and the day
preceding the hohday shall be treated as If1t were Fnday.
The followmgs IS a lIst ofhohdays which tngger the apphcatlOn oftms
SubsectIOn Ne\,' Year's Day, President's Day, Memonal Day, Independence
Day. Columbus Day, Labor Day, Veterans Day, Thanksglvmg Day, and
Chnstmas Day The C1ty CouncIl may by resolutlOn add to thIS hst of
hohdays
SECTION 9 Santa :\fomca MUnIclpal Code SectlOn 6 112.070 IS amended to read
as follows
6.112.070 Penalties.
Any person vlOlatmg thIS Chapter shall be gmlty of an mfractIOn, which
shall be pumshable by a fine not exceedmg two hundred fifty dollars per
VIOlation
23
.
.
SECTION 10 Santa Momca MumcIpal Code SectIOn 6 116 010 IS amended to read
as follows
6.116.010. Use of a table or cart and other
paraphernalia on The
Promenade.
No person shall place any object or devIce on the Thud Street
Promenade for dIsplaymg or dIstrIbutmg goods, "-'TInen matenals,
merchandIse, food, or any other Items except a portable table or cart utIhzed
m accordance wIth the followmg provIsIOns:
(a) The table or cart shall be located
(1) In desIgnated areas. as estabhshed by resolutIon of the CIty CouncIl
(2) At least ten feet from the outer edge of any entrance of any busmess,
mcludmg. but not Imuted to doors. vestibules, dnveways, outdoor dmmg
entnes. and emergency eXIts, dunng the hours that any busmess on the
premises IS open to the publIc or to persons havmg or conductmg lawful
busmess on those premIses
(3) At least ten feet from any bus stop
(4) At least ten feet from any street comer or a marked pedestrIan
crosswalk
(5) So that at least a four foot contIguous SIdewalk WIdth IS kept clear
for pedestrIan passage
24
.
(6) So that a curb cut IS not blocked or obstructed
(b) The table or cart shall not be larger than four (4) feet m width by
eIght (8) feet III length by three (3) feet m heIght
(c) No structures shall be attached to the table or cart No other
structure may be used to dIsplay the nems The display area, mcludmg the
table or cart, shall be mamtamed m a neat and presentable manner None of
the Items shall be dIsplayed III an area other than upon the table or cart,
mcludmg, but not hmned to. III dIsplay racks on the SIdewalks or m the
hangmg of the items from a bUIldmg or fence or other structure Any boxes
or accessory Items shall be stored entirely beneath the table or cart and shall
not be stored or PlIed alongside of, behmd, or m front of the table or cart The
Items may be stacked on the table or cart, provIded that each stack shall not
exceed the heIght of 12 mches SIgns may be attached to the SIde of or on top
of the table or cart 1\0 signs may extend hIgher than the top of the table or
cart and no SIgns may be affixed to CIty facIlItIes The site shall be kept clean
and all rubbIsh shall be deposIted m proper receptacles regularly dunng the
day and pnor to departmg the sIte each day
(d) 1\0 person shall utIhze sandWIch board SIgnS ("A" frames),
canopIes, free-standmg umbrellas, tents, and SImIlar covenngs unless such use
IS authonzed by a street use permit, lIcense, or other CItY-Issued authonzatIOn.
25
.
(e) The table. cart, and all other Items shall be capable ofbelllg
transported or removed at one time
(f) Any person vendmgpursuant to SectIon 636 030(g) shall be lImIted
to two chairs The chaIrs may be placed behllld or next to (but not III front of)
the cart or table
SECTION 11 Santa Momca MumcIpal Code SeCTIon 6 116 040 IS amended to read
as follows'
6.116.040 Use of a table, cart, and other paraphernalia on the
Pier.
1\0 person shall place any object or deVIce on the PIer for dIsplaymg or
dIstnbutmg goods, \vntten matenals. merchandIse, food. or any other Items
except a portable table or cart utIlIzed m accordance WIth the followmg
provIsions
(a) The table or cart shall be located
(1) In deSIgnated areas, as estabhshed by resolutIon of the CIty
Council
(2) At least ten feet from the outer edge of any entrance of any busmess,
mcludmg, but not hmIted to doors, vestIbules, dnveways, outdoor dmmg area
entnes, and emergency exIts, dunng the hours that any bus mess on the
26
.
premIses IS open to the pubhc or to persons havmg or conductmg la\vful
busmess on those premIses
(3) At least ten feet from any bus stop
(4) At least ten feet from any street comer or a marked pedestrIan
cross\valk
(5) So that at least a four foot contIguous sidewalk wIdth is kept clear
for pedestnan passage
(6) So that a curb cut IS not blocked or obstructed.
(b) The table or cart shall not be larger than four (4) feet m Width by
eIght (8) feet m length by three (3) feet III heIght
(c) No structures shall be attached to the table or cart No other
structure may be used to dIsplay the Items The dIsplay area, mcludmg the
table or cart. shall be mamtamed 1TI a neat and presentable manner. None of
the Items shall be dIsplayed III an area other than upon the table or cart,
mcludmg, but not hmIted to, III dIsplay racks on the SIdewalks or m the
hangmg of the Items from a bmldmg or fence or other structure Any boxes
or accessory Items shall be stored entIrely beneath the table or cart and shall
not be stored or plIed alongSide of, behllld, or m front of the table or cart. The
Items may be stacked on the table or cart, provIded that each stack shall not
exceed the heIght of 12 mches. SignS may be attached to the Side of or on top
of the table or cart No SIgnS may extend hIgher than the top of the table or
27
.
-
cart and no SIgnS may be affixed to CIty facilItIes The site shall be kept clean
and all rubbIsh shall be deposIted In proper receptacles regularly dunng the
day and pnor to departmg the SIte each day
(d) No person shall utIlIze sandv\"Ich board SIgns ("A" frames),
canopies, free-standmg umbrellas. tents, and SImIlar covenngs unless such use
IS authonzed by a street use penmt, hcense, or other CIty -Issued authonzanon
(e) The table, cart, and all other Items shall be capable ofbemg
transported or removed at one tIme
(f) Any person vendmgpursuant to SectIOn 6.36 030(g) shall be hmlted
to 1\vo chaIrs The chaIrs may be placed behmd or next to (but not m front of)
the cart or table
SECTION 12 Santa Momca MUnICIpal Code SectIOn 6 116.060 IS hereby added to
read as follows
6.116.060 Special Regulations for Vendors On The Third Street
Promenade.
No person authonzed to vend pursuant to SectIon 6.36.030(g) and
636 030(h) may on the ThIrd Street Promenade or the PIer:
(a) Vend m any speCIfic 10catlOn, or wIthm one hundred twenty feet of
that locatIOn as measured m a nortlvsouth dIrectIOn, for more than a two hour
penod III any SIX hour penod ThIS two hour tIme hmIt. whIch shall
28
.
.
commence on each even hour, mcludes the tIme reqUIred to set up eqUIpment
and matenal for vending and to remove all such eqmpment and matenals after
vendlllg
(b) Vend wIthm ten feet of a vendor operatmg pursuant to or under the
authonty of an approved hcense agreement or wIthm forty feet of any other
vendor, performer. or any other person utIhzmg a portable table or cart
dIsplaymg or dIstnbutmg merchandIse, goods, \\'Dtten matenals, food, or other
Items
(c) Vend those Items authonzed by SectIon 6 36.030 (h) unless that
person IS also performmg pursuant to Chapter 6.112) the Item vended IS
representatIve of the work bemg created dunng the performance. and no more
than five such Hems are dIsplayed on the table or cart at anyone tIme All
other reqmrements specIfied m SectIOn 6 116 010 shall apply except that the
performer/vendor shall be lImIted to utIhzmg one (1) table or cart of a size not
larger than four (4) feet III \vldth by four (4) feet III length by three (3) feet III
heIght
29
.
.
SECTION 13 Santa Momca MumcIpal Code SectIOn 6.116.070 IS hereby added to
read as follows.
6.116.070 Special Regulations for Vendors On The Pier.
Ko person authonzed to vend pursuant to Sechon 6.36.030(g) and
6 36.030(h) may on the ThIrd Street Promenade or the PIer
(a) Vend m any specific locatIon, or wIthm one hundred 1\venty feet of
that locatIon for more than a 1\vo hour peTIod m any SIX hour penod ThIS 1\\'0
hour tIme lImIt. which shall commence on each even hour, mcludes the tIme
reqUIred to set up eqUIpment and matenal for vendlllg and to remove all such
eqmpment and matenals after vendmg
(b) Vend wIthm thIrty-five feet of any other vendor, performer. or any
other person utIlIzmg a table or cart for the purpose of dlsplaymg or
dIstnbuhng merchandIse, goods, wntten matenals. food, or other Items
(c) Vend those Items authonzed by Sechon 6 36 030 (h) unless that
person IS also perfonmng pursuant to Chapter 6 112. the Item vended IS
representatIve of the work bemg created dunng the performance, and no more
than five such Items are displayed on the table or can at anyone tIme. All
other reqUIrements specIfied m SectIon 6 116040 shall apply except that the
performer/vendor shall be lImIted to utIlIzmg one (1) table or cart of a SIze not
larger than four (4) feet m WIdth by four (4) feet m length by three (3) feet m
heIght
30
.
4
SECTION 14 Santa Momca MunIcIpal Code SectIon 6.116.080 IS hereby added to
read as follows
6.116.080. Penalties.
Any person vIOlatmg thIS Chapter shall be gUIlty of an mfractIon, whIch
shall be pumshable by a fine not exceedmg two hundred fifty dollars per
VIOlatIon
SECTIO~ 15 Santa Momca YlumcIpal Code SectIOn 6 116 050 IS amended to read
as follows
6.116.050. City approved special events Exemptions.
The reqUIrements of thIS chapter, except for nOise standards, shall not
apply to CIty approved specIal events which have been revIewed by the Pohce
and Fire Departments to ensure that all necessary pubhc safety measures have
been Imposed as a condItIon of approVIng the event and to any vendor
operatmg pursuant to or under the authonty of an approved bcense agreement
SECTION 16 Santa MOllIca MumcIpal Code SectIon 3 12 375 IS hereby amended
to read as follows
3.12.375. Sidewalk obstruction
?-Jo person shall place any deVIce on a pubhc SIdewalk for dIsplaymg or
dIstnbutmg goods, wnuen matenals, merchandIse, food, or any other Item
31
--- - -
.
.
except a portable table or cart which IS uhhzed In accordance wIth the
following criteria
(a) The table or cart shall be located
(1) At least ten feet from the outer edge of any entrance of any busmess,
mcludIng, but not lImIted to doors. vestlbules; dnveways, outdoor dInmg area
entrIes, and emergency exIts, dunng the hours that any busmess on the
premIses IS open to the pubhc or to persons haVIng or concluctlllg lawful
busmess on those premIses.
(2) At least ten feet from any bus stop.
(3) At least ten feet from any street comer or a marked pedestnan
crosswalk
(4) So that at least a four foot contIguous SIdewalk WIdth IS kept clear
for pedestnan passage
(5) So that a curb cut IS not blocked or obstructed
(b) The table or cart shan not be larger than four (4) feet In WIdth by
four (4) feet m length by three (3) feet III heIght.
(c) 1'\0 structures shall be attached to the table or can No other
structure may be used to dIsplay the Items The dIsplay area, mcludmg the
table or cart, shall be mamtamed In a neat and presentable manner. None of
the Items shall be dIsplayed In an area other than upon the table or cart,
mcludmg. but not I1mlted to, m dIsplay racks on the SIdewalks or In the
32
.
.
.
hangmg of the Items from a bUlldmg or fence or other structure Any boxes
or accessory Items shall be stored entIrely beneath the table or cart and shall
not be stored or pIled alongsIde of, behmd, or m front of the table or cart The
Items may be stacked on the table or cart, provIded that each stack shall not
exceed the heIght of 12 mches SIgnS may be attached to the SIde of or on top
of the table or cart Ko SIgnS may extend hIgher than the top of the table or
cart and no SIgns may be affixed to CIty facIlmes. The SIte shall be kept clean
and all rubbIsh shall be deposIted m proper receptacles regularly dunng the
day and pnor to departmg the site each day. Two chans may be also be
'"
utIhzed The chmrs may be placed behmd or next to (but not III front of) the
table or cart
(d) No person shall utIlIze sandWIch board SIgns ("An frames),
canopIes, free-standmg umbrellas, tents, and SImIlar covenngs unless such use
IS authonzed by a street use permIt, hcense, or other City-Issued authonzatlOn
(e) The table, cart, and all other Hems shall be capable of bemg
transported or removed at one tIme
(t) ThIS SectIon shall not apply to vendors regulated by Chapter 6.36.
SECTIO)J 17 Santa Momca MUlllcIpal Code SectIons 6.36.130 and 6.116.020 are
repealed
33
--- - - - -- ------ -- -
.
.
SECTIO),T 18 Tlus ordmance IS declared to be an urgency measure adopted pursuant
to the provIsIon of SectIOn 615 of the Santa MOllica CIty Charter. As set forth m the findmgs
above. this ordmance IS necessary forpreservmg the publIc peace, health, safety, and welfare
As an urgency measure, thIS ordlllance IS effectIve Immediately upon adoptIOn
SECTION 19 Any prOVISIOn of the Santa MOllica Mumclpal Code or appendIces
thereto mconslstent WIth the prOVISIOns of thIS Ordmance, to the extent of such
mconsIstencIes and no further, IS hereby repealed or modIfied to that extent necessary to
effect the prOVISIOns of thIS Ordmance.
SECTIOl\' 20 If any sectIOn, subsectIOn. sentence, clause, or phrase OfthIS Ordmance
15 for any reason held to be mvahd or unconstItutIOnal by a deCISIon of any court of
competent JunsdlctlOn. such deCISIon shall not affect the vahdIty of the remalllmg portIOns
of thIS Ordmance The CIty CounCIl hereby declares that It would have passed thIS
Ordmance and each and every sectIOn. subsectIOn, sentence. clause, or phrase not declared
mvalId or unconstItutIOnal WIthout regard to whether any portIon of the ordmance would be
subsequently declared mvahd or unconstItutIOnal
34
-- - --- -- - - - - ---
~
. .
.
SECTION 21. The Mayor shall SIgn and the CIty Clerk shall attest to the passage of
thIS Ordmance The CIty Clerk shall cause the same to be publIshed once m the offiCIal
newspaper wIthm 15 days after Its adoptIon ThIS Ordmance shall become effectIve upon
Its adoptlon
APPROVED AS TO FOR1\.1.
(jldJIJAib~)~
~L{RSH~KtSMOUT~E
CIty Ana ey
F '.A TTY-.ML:>..:r L'" \'>'SBARR 'r".STREETVO .VPD
35
- -
-
- .
A
Adopted and approved thiS 20th day of July. 1999 L
~~:~:or ~ ----
State of CalIforma )
County of Los Angeles) ss
CIty of Santa Moruca )
I. Mana M Stewart. CIty Clerk of the CIty of Santa MOllica. do hereby certify that the
foregomg Ordinance No 1949 (CCS) had its mtroduction and adoption on July 20, 1999.
by the followmg vote
Ayes CouncIl members McKeown. Femstem, Bloom,
Rosenstein, Holbrook. Mayor Pro Tern Genser,
Mayor O'Connor
Noes CouncIl members None
Abstam CouncIl members None
Absent CouncIl members None
'- ATTEST ~
. ltLA.;';,; , ~
Mana M Stewart. CI~ Clerk