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SR-8-E (26) ... #.4- ~E CA:RMM:jld626/hpc/pc City Council Meeting 8-20-91 Santa Monica, California STAFF REPORT AUG 2 0 1991 AUG 2 2 1991 TO: Mayor and City Council FROM: city Attorney SUBJECT: Ordinance Adding Section 6291 to Chapter 2A of Article VI of the Santa Monica Municipal Code to Establish street Performance Regulations for the Third Street Promenade and Surrounding Areas and Declaring an Emergency At its meeting on August 6, 1991, the city council directed the city Attorney to prepare an emergency ordinance regulating street performers on the Third Street Promenade and surrounding areas. In response to this direction, the accompanying ordinance has been prepared and is presented to the City Council for adoption. The accompanying ordinance adds section 6291 to Chapter 2A of Article VI of the Municipal Code to establish street performance regulations for the Third street Promenade and surrounding areas. Pursuant to this Ordinance, street performers will be required to enter into a lottery to secure a one week permit to perform at one of the authorized performance sites. Street performers will be required to submit an application, pay an application fee of $5.00, conform to specific performance conditions, and are prevented from performing during any special events authorized by the City. Street performers will be able to - 1 - AU6 20 1991~6 ~ " perform at three different sites in each block of the Third street Promenade, with one set of permits being given to performers who perform between the hours of 11:00 a.m. and 1:00 p.m. and another set of permits being given to performers who perform between the hours of 5:00 p.m. and 10:00 p.m. (11:00 p.m. on Fridays and Saturdays). Performers are restricted to one permit for the afternoon hours and one permit for the evening hours per week. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced and adopted. PREPARED BY: Robert M. Myers, City Attorney Joseph Lawrence, Assistant City Attorney - 2 - ~ (I"Yo, /i.1) () p '1 E LJ CA:RMM:jld625/hpc/pc city Council Meeting 8-20-91 Santa Monica, California ,.- ..:., f I€' ;# 7"7 k /of #-.,C ~;k1 r:) ""..j.tJ At"~~ / S 7 , ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6291 TO CHAPTER 2A OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH STREET PERFORMANCE REGULATIONS FOR THE THIRD STREET PROMENADE AND SURROUNDING AREAS AND DECLARING AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6291 is added to Chapter 2A of Article VI of the Santa Monica Municipal Code to read as follows: SECTION 6291. Special Performance Regulations for Third street Promenade. (a) Findings. The city Council finds and declares: ( 1) The Third Street Promenade and surrounding areas have become increasingly congested with pedestrians who are attracted in large numbers to performances by street performers. (2) The City of Santa Monica needs equitable and uniform street - 1 - performance regulation on the Third street Promenade and surrounding areas to protect the public health and safety and to ensure safe pedestrian and vehicle movement. (3) Unregulated street performances in this area impedes pedestrians and vehicles, makes sidewalks and streets virtually impassable and may lead to unsafe condltions for pedestrians and vehicles. (4) City regulation of street performances on the Third street Promenade and surrounding areas will increase pedestrian and vehicle safety and will improve the economic, social, and aesthetic quality of life in the City of Santa Monica. (b) Definitions. For purposes of this section, the following words or phrases shall have the following meanings: (1) Thlrd Street Promenade street Performer District. The area bounded by the centerlines of Wilshire Boulevard on the north, Second street on the west, Broadway on the south, and Fourth street on the east. - 2 - (2 ) Performance Permit. Certificate issued through a lottery system administered by the City Clerk permitting a performer to perform at a specific time and place in the Third street Promenade street Performer District. All other words or phrases shall have the definition provided for in Section 6282 of this Code. (c) Application. Performance Permit (1) No person shall perform in the Third street Promenade street Performer District without first obtaining and having in his or her possession a valid performance permit issued by the city. No person shall perform in the Third street Promenade Street Performer District in violation of the terms and conditions of any permit issued pursuant to this section. (2) Each person requesting a performance perm1t must complete a performance permit application on a form approved by the city and file it with the City Clerk. To be complete, the - 3 - application must contain the following information: (i) Applicant's full name and address. ( i i) Number, names, and addresses of all members, if any, of the applicant's performance group. (iii) Descr1ption of applicant's performance activities, including what objects or materials, if any, are used as part of the performance. (i v) Whether the applicant seeks an afternoon or evening performance permit. Afternoon permits are for the time period 11:00 a.m. to 1: 00 p.m. Evening permits are for the time period 5:00 p.m. to 10:00 p.m. Sunday through Thursday and 5:00 p.m. to 11:00 p.m. Friday and Saturday. (3) Separate applications are necessary for afternoon and evening permits and for each week that a performer seeks a performance permit. (4) The application shall be accompanied by a fee of Five Dollars ($5.00). (d) Issuance of Performance Permit. - 4 - (1) The city through its city Clerk shall hold a weekly random drawing of applications for a performance permit. Unless it is a legal holiday, the drawing shall be held each Wednesday after 12:00 p.m. at a time designated by the city Clerk. If Wednesday is a legal holiday, the drawing shall occur on the next City business day. To be eligible for the drawing, the application must be received by the city Clerk no later than 12:00 p.m. on the day that the drawing is held. (2) Separate drawings shall be held for afternoon and for evening performance permlts. Performance permits shall be valid for one week only, Monday through the following Sunday, for the time and location specified in the permit. (3) The applications shall be divided into two groups according to whether the application is for an afternoon permit or an evening permit. Cards bearing the name(s) of the applicant(s) from each group shall be prepared and randomly selected from a container by City employees designated by - 5 - the City Manager. The drawing shall continue until all performance sites for all time periods are allocated. If sites remain available after the drawing is completed, the City Clerk shall allocate any remaining sites on a first-come, first-served basis to eligible applicants until all sites for all time periods for the week are allocated. A performer may receive no more than one afternoon and one evening permit for the same week and may file only one afternoon and one evening permit application for the same week. (4) In the sole discretion of the City Manager or his or her designee, each performance site shall be numbered and each applicant selected for a performance permit shall be provided a performance site in order of his or her selection. (5) Each applicant for a performance permit shall be notified by first class mail of the result of the drawing. (6) Applicants selected for performance permits shall receive a - 6 - permit describing their performance site and time period. (e) Performance sites and Performance Conditions. (1) The city Manager shall designate up to three performance sites for each block of the Third street Promenade between Broadway and Wilshire Boulevard, which sites shall be clearly marked as such by the city. (2) No performer shall perform during any special event permitted by the city. (3) Performers shall conduct perforll1ances only wi thin the boundaries of the designated performance sites. (4) Performers shall not construct or utilize any stage, platform, or other structure during their performances. (5) No more than five (5) persons may participate in any performance. (6) No performer shall use any amplified sound equipment. (7) No performer shall use any knife, sword, torch, flame, axe, saw, - 7 - or other object that can cause serious bodily injury to any person. (8) No performance shall last more than thirty (30) minutes and at least a thirty minute break shall occur between performances unless the city Manager, in his or her sole discretion, establishes rules requiring performers to adhere to difference performance schedules. Performers assigned to odd numbered performance sites may perform only between the beginning of the hour or thirty minutes past the start of the hourr and performers assigned to even numbered performance sites may perform only between thirty minutes past an hour and the beginning of the next hour. (9) Performers shall comply with the provisions of the City's Noise Ordinance and in addition shall not perform so loud as to be heard inside the premises of an adjacent building or structure while the entrance door to the premises is closed. (10) Performers shall keep his or her performance site litter free. (11) Performance permits are not transferable or assignable. - 8 - (f) Exemptions. shall not apply to: (1) Activities approved pursuant to Sections 36111 3611(c), 6284 to 6287, and 6335 of the Santa Monica Municipal Code. This Chapter (2) Any approved participant in any Farmer's Market and any approved participant in any special event approved by the city. (g) Penalty. In addition to any other penalty provided for by law, any person convicted of violating any provision of this section shall be prevented from applying for a performance permit for a period of one (1) year from the date of the conviction. (h) Effective Date. A permit shall be required pursuant to this Section commencing September 2, 1991, with the first selection occurring on August 28, 1991. Notwithstanding any other provis1on of this Code, no person shall perform in the Third street Promenade street Performance District on August 24 and 25, 1991, unless the person is a participant approved by the City in - 9 - the special event to be held on those dates. SECTION 2. This Ordinance ~s declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. There is a current and immediate threat to the public health, safety, and welfare. It is necessary for preserving the public peace, health, safety, and welfare and the urgency for its adoption is set forth in the findings above. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordlnance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall - 10 - cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~4.~ '-. ~ ROBERT M. MYERS U City Attorney - 11 - CA:RMM:jld625b/hpc/pc city council Meeting 8-22-91 Santa Monica, California ORDINANCE NUMBER 1597 eCCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6291 TO CHAPTER 2A OF ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH STREET PERFORMANCE REGULATIONS FOR THE THIRD STREET PROMENADE AND SURROUNDING AREAS AND DECLARING AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 6291 is added to Chapter 2A of Article VI of the Santa Monica Municipal Code to read as follows: SECTION 6291. special Performance Regulations for Third street promenade. (a) Definitions. For purposes of this Section, the following words or phrases shall have the following meanings: (1) Third street Promenade street Performer District. The area bounded by the centerlines of Wilshire Boulevard on the north, Second Street on the west, Broadway on the south, and Fourth Street on the east. - 1 - All other words or phrases shall have the definition provided for in Section 6282 of this Code. (b) Performance Standards. No performer shall perform in the Third street Promenade street Performer District outside of an enclosed building in violation of the following requirements: (1) No performer shall perform except dur1ng the following time periods: (1) 11:00 a.m. to 2:00 p.m. (ii) 2:00 p.m. to 5:00 p.m. on Saturday and Sunday. (iii) 5:00 p.m. 10:30 p.m. on Sunday through Thursday. (iv) 5:00 p.m. 12:00 a.m. on Friday and Saturday. (2) No performer perform during any special permitted by the city. (3) No performer perform in any area designated city Manager as an area performances may be prohibited. - 2 - to to shall event shall by the where {4} No performer shall construct, erect, or bring with him or her any stage, platform, or other structure for use during any performance. (5) No performer shall use any amplified sound equipment, including any radio, tape player or similar electronic device that utilizes a speaker. (6) No performer shall use any knife, sword, torch, flame, axe, saw, or other object that can cause serious bodily injury to any person. (7) Performers shall comply with the provisions of all noise regulat10ns of the city and 1n addition shall not perform so loud as to be heard inside the premises of an adjacent build1ng or structure while the entrance door to the prem1ses is closed. (8) Performers shall keep his or her performance site litter free. (9) No performer shall block the entrance to any establishment open business unless the performer has the consent of the owner or operator of the establishment. - 3 - (c) Exemptions. This Chapter shall not apply to: (1) Activities approved pursuant to sections 3611, 3611(c), 6284 to 6287, and 6335 of the Santa Monica Municipal Code. (2) Any approved participant in any FarMer's Market and any approved participant in any special event authorized by the City. SECTION 2. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica city Charter. There is a current and immediate threat to the public health, safety, and welfare. It is necessary for preserving the public peace, health, safety, and welfare and the urgency for its adoption in that the Third street Promenade and surroundlng areas have become increasingly congested with pedestrians who are attracted in large numbers to performances by street performers. SECTION 3. Any provislon of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any sectlon, subsection, sentence, clause, or phrase of this Ordinance lS for any reason held to be invalid - 4 - or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ord1nance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall s1gn and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adopt1on. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~~"\ \..-, ~ ROBERT M. MYERS I~ City Attorney - 5 - Adopted and approved this 22nd day of August, 1991. }Ma:~ ~ I hereby certify that the foregoing ordinance No. 1597(CCS) was duly and regularly introduced at a meeting of the city council on the 22nd day of August 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 22nd day of August 1991 by the following council vote: Ayes: Councilmembers: Genser, Holbrook, Vazquez, Zane, Mayor Abdo Noes: councilmembers: Olsen Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: CfiI~O'~ -rA5r ~y .Clerk--