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--