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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