SR-410-001-02 (7)
f: \atty\mu n i\strpts \mjm\streetperformord revi se. wpd
City Council Meeting 4-22-03
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Amending Municipal Code Sections Relating to Street
Performance, Vending, Noise and Placement of Objects, Including Sections
6.112.030, 6.112.050, 6.112.060, 6.112.070, 6.116.010, 6.116.030,
6.116.060,6.116.070,6.116.080,6.36.030 and 3.12.370 and Adding Section
3.12.372
Introduction
Based upon changing circumstances and the experience of the last year, staff proposes
that amendments be made to the ordinances governing street performance and the
placement of objects on the Promenade, Transit Mall, Pier and other public property.
These amendments are proposed in order to continue to protect the rights of individuals
to engage in expressive activities and to preserve the free and safe flow of pedestrian and
vehicular traffic, ingress and egress for safety personnel, the aesthetics of the Citycs most
popular public spaces, and fair competition as between local merchants and those vending
in conjunction with performance.
Background
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On several prior occasions, the City has amended its ordinances governing street
performance, expressive vending, and the placement of objects on sidewalks and in public
spaces. Each time, the amendments reflected current conditions existing in busy public
spaces, new issues arising because of changes in the kind of activities undertaken by
street performers and vendors, or developments in the law.
Reports indicate that this yearcs experience has been, in general, quite positive. The
Citycs most popular public spaces continue to be enlivened by a large number of street
performers engaging in a wide variety of performances. As of April 8, 2003, 409
performers have obtained annual performance permits from the City. The City issued 734
performance permits last year.
Information provided by street performers, representatives of the Pier Restoration
Corporation (PRC) and the Bayside District Corporation (BDC), performance monitors,
and the Police Department indicates that our monitoring and regulatory systems continue
to work relatively well. Of course, there have been individual disputes; however, the
overall balance which the City has struck between individual rights and the collective
welfare remains viable, intact, and more than adequate to address all interests.
There have been three significant developments which impact the regulatory context.
First, concerns about maintaining the security of popular public spaces have continued to
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grow with heightened world conflict and attendant concerns about terrorism. Fortunately,
Santa Monicacs public spaces have remained safe and popular. Nonetheless, the City
in general, and its safety personnel in particular, are cognizant of the need to remain
vigilant. In particular, safety personnel have increased efforts to protect ingress and
egress from public spaces and monitor property placed in public spaces.
Second, the Transit Mall has been completed and in use for a substantial time period.
Accordingly, the City now has had an ample opportunity to evaluate how the current
regulatory system works in that space. In general, it works well. However, the proximity
of busy public streets has required monitors and safety personnel to closely observe
crowds gathering around performers working on the Transit Mall sidewalk. If the crowds
become large, pedestrians sometimes walk into the streets to get around them.
Third, the new spacing system for performance on the Pier has been in operation for some
time. Early experience showed that there were sometimes more performances who
wanted to use the cstar spacesC than there were spaces available. Consequently, an
informal lottery system was instituted to ensure that all performers had an equal chance
to use those spots. Reports from safety personnel indicate that this system has worked
well.
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In addition to these major developments, recent experience with the present regulatory
system also suggests that current laws may require some clarification or modification. For
example, Code provisions governing rotation on the Promenade may require further
clarification in order to ensure both that performers receive fair opportunities and that the
requirements are, as a practical matter, enforceable. Also, experience suggests that the
provisions governing displays of merchandise may need clarification or revision. Staff is
in the process of evaluating whether current Code provisions are sufficient. If not,
amendments may be suggested at the meeting.
Additionally, experience over the last six months suggests that the noise restrictions
remain somewhat difficult to enforce effectively. Some performers now utilize sound
equipment which includes compression features. Decibel limits may not be wholly
effective to restrict attendant impacts. Also, enforcement personnel sometimes encounter
difficulties when performers resist measurements or enlist audience support in preventing
the measurement from being taken.
The proposed changes in the ordinances reflect these developments and experiences as
well as input received from a variety of sources, including performers, monitors, police and
other interested parties. In addition to individual suggestions and comments, which were
submitted to City staff, staff has also considered public testimony received at City Council
meetings and at meetings conducted by the BDC, monitors and police personnel.
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Discussion
Virtually all of the proposed changes contained in the attached ordinance fall into four
general categories. The first category relates to spacing on the Pier. Within that
category, one proposed modification would explicitly authorize a lottery system for
allocating performance opportunities in the star spaces, which are located in the Center
Performance Area and Breezeway Performance Area. This language would codify existing
practice and protect performersc equal opportunity for access to the best performance
locations. The other proposed modification would require a 35 foot separation between
performances in these locations. This change would eliminate an ambiguity in existing law
and clarify that two different performances cannot occur at the same star.
Another category of proposed modifications relates to safety hazards posed by performers
equipment and other objects placed on sidewalks and other public property. First,
language would be added which would clarify that performersc equipment may not block
or obstruct the free and safe movement of traffic. Present language, which only prohibits
performers themselves from obstructing traffic, is insufficient to protect against hazards,
particularly in the situation where performers use several pieces of equipment and
disburse them over a relatively sizeable area.
Second, the prohibition against using a stage or platform would be modified to allow an
exception for small thin platforms not exceeding four by four feet in size and one quarter
5
inch in height which are an integral part of the performance and upon which the performer
works. This exception would address the concern raised by a flamenco dancer.
Third, a new regulation on sound speakers would be added, requiring that they be placed
on the ground and limited to three feet in height. This proposed requirement is intended
to protect safety by ensuring that public sight lines are not impaired and that speakers do
not topple over. Additionally, the proposal would address concerns about excessive noise
by ensuring that it is not broadcast over the heads of the audience members. Finally, new
language would be added prohibiting placing unattended objects on public property
without the Citycs permission. This proposal comes from safety personnel who are
concerned about preserving public safety at a time of increased concern about the
possibility of terrorism.
The next category applies to the location of specific expressive activities in the downtown.
A new provision would be added requiring that performance on the Santa Monica
Boulevard segment of the Transit Mall be at least twenty feet from the Third Street
Promenade. This proposed revision would protect safety by ensuring that crowds
gathering around performers do not force pedestrians into the street in the most crowded
portions of the Transit Mall. Also, the rotation requirement would be eliminated for
C Heartland Vendorsc because they do not attract crowds which impede circulation. This
change is proposed in response to a complaint received from a vendor and to preserve the
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existing rotation requirement by narrowing it and thereby insulating it against legal
challenge.
Two other proposed modifications relate to enforcement. Penalty provisions would be
modified to specify that the minimum infraction fine would be $100.00. This change is
proposed to ensure that fines are, in fact, a disincentive to violations. The proposal is
based on the fact that some judges have, during the last year, imposed only extremely
minimal fines which are clearly insufficient to foster compliance. Also, the restriction on
noise levels would be modified with the addition of language making it applicable to the
Transit Mall and by the addition of a prohibition against interfering with the taking of a
noise measurement. The latter revision is suggested because performers sometimes seek
to avoid enforcement of noise limits and other restrictions by interfering with enforcement
personnel in various ways, including making it physically difficult to take noise readings
and encouraging crowds to oppose the enforcement work.
Finally, an exception to the general prohibition against street vending in the downtown
would be eliminated as unnecessary and confusing because the class it refers to is non-
existent.
Financial Impacts
The proposed revisions would have no direct financial impacts.
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Recommendation
Staff recommends that the Council introduce the attached proposed ordinance for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
f:\atty\mu n i\laws\barry\streetperformance2003-1 . wpd
City Council Meeting 4-22-03
Santa Monica, California
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.112.030,
6.112.050, 6.112.060, 6.112.070, 6.116.010, 6.116.030, 6.116.060, 6.116.070,
6.116.080, 6.36.030, AND 3.12.370, AND ADDING SECTION 3.12.372
RELATING TO STREET PERFORMANCE AND VENDING ON THE THIRD
STREET PROMENADE, THE TRANSIT MALL, AND THE PIER, INCLUDING
SECTIONS ON PERFORMANCE STAGING/LOCATION, NOISE, PENALTIES,
EXEMPTIONS FROM THE VENDING ORDINANCE, AND THE PLACEMENT
OF MATERIALS ON PUBLIC PROPERTY
WHEREAS, street performers and street vendors ofcommunicative materials enrich
the ambiance of Santa Monicacs unique and stimulating publicspaces and their presence
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in the Citycs most popular spaces reflects Santa Monicacs commitment to the arts and
to the free exchange of ideas; and
WHEREAS, despite their value to the community, street performance and vending
of communicative materials occurring on crowded public thoroughfares can jeopardize
public safety and welfare by blocking traffic, impairing emergency ingress and egress,
creating unfair competition and adversely affecting aesthetics; and
WHEREAS, the City of Santa Monica has worked since the late 1980's to create
and refine street performance and street vending laws which recognize performersc and
street vendorsc value to the community, respect constitutional rights, protect the free flow
of pedestrian traffic and the safety of residents, workers, and visitors in crowded public
places, shield local businesses from unfair competition, and preserve the aesthetic
qualities of public space; and
WHEREAS, the difficulty of striking and maintaining the best possible balance
between these often competing goals has been increased by changing conditions in the
City, changing activities undertaken by performers and vendors working in public spaces,
and changes in judicial interpretation of First Amendment guarantees; and
WHEREAS, in order to address the needs and concerns of the Citycs residents,
performers, visitors, merchants, street vendors, and public safety personnel, the City has
undertaken major revisions to its performance and vending laws many times since they
were first adopted; and
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WHEREAS, the necessity and difficulty of establishing, maintaining and enforcing
regulations governing street performance and vending in the Citycs public spaces is
exacerbated by certain of the Citycs defining characteristics, including 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 destination for as many
as 500,000 visitors on weekends and holidays; and
WHEREAS, the Citycs unusual density necessitates special efforts to preserve the
free and safe flow of both pedestrian and vehicular traffic, particularly in the Citycs
bustling downtown business district, its most crowded sector; and
WHEREAS, the Citycs most popular public spaces in the downtown business
district are the Third Street Promenade, the Santa Monica Pier, and the Transit Mall and
maintaining safe circulation in these spaces is an ongoing challenge; and
WHEREAS, the 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, fountains, and lighting to create an attractive, entertainment-oriented pedestrian
mall in order to revitalize the downtown business district; and
WHEREAS, except for its heavily traveled cross streets and certain narrow
alleyways, the Promenade is enclosed on both sides by two and three story structures; and
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WHEREAS, concerns about maintaining the security of popular public spaces have
continued to grow with heightened world conflict and attendant concerns about terrorism;
and
WHEREAS, the Citycs safety personnel are cognizant of the need to remain
vigilant and so have increased efforts to protect ingress and egress from public spaces
and monitor property placed in public spaces; and
WHEREAS, emergency vehicle access to the Promenade is by way of a narrow
single lane that runs down the center of the Promenade or by way of the narrow but
heavily utilized alleys behind the buildings which line the Promenade; and
WHEREAS, for purposes of preserving public safety in the event of an emergency,
the Citycs Fire Marshal has evaluated the Promenade as an coutdoor enclosurec and
has calculated the maximum occupancy load as approximately 5000 persons per block;
and
WHEREAS, in recent years, the huge crowds attracted to the Promenade often
exceed this load capacity; and
WHEREAS, this number does not include the thousands of people inside the many
theaters, restaurants, and retail establishments who would flood onto the Promenade in
an emergency; and
WHEREAS, the Transit Mall is located in the heart of downtown and is composed
of the wide sidewalks on Santa Monica Boulevard and Broadway from the east side of
Ocean Avenue to the west side of Fifth Street; and
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WHEREAS, the key component of this improvement is the creation of a downtown
transit loop with transit priority lanes on the south side of Santa Monica Boulevard and on
the north side of Broadway; and
WHEREAS, as part of this improvement, the sidewalks have been widened to 19
feet on Santa Monica Boulevard and 12 to 19 feet on Broadway and new street furniture,
lighting, and landscaping has been installed; and
WHEREAS, the width of the sidewalks and the new installations have made the
Transit Mall has become another popular site for street performance; and
WHEREAS, the proximity of busy public streets to the Transit Mall has required
monitors and safety personnel to closely observe crowds gathering around performers
working on the Transit Mall sidewalk; and
WHEREAS, stationary crowds gathering around performers on the Transit Mall
sidewalks may force pedestrians into the streets where they would be at risk from vehicular
traffic; and
WHEREAS, the precise time periods when the Promenade and the Transit Mall will
be very crowded have become extremely difficult to predict because of the large number
of special events occurring in the City and region, which often attract very large numbers
of visitors to the Pier, the Promenade and the Transit Mall on days and evenings other
than weekends and holidays; and
WHEREAS, maintaining public safety in these spaces presents special challenges
to the Citycs public safety personnel, particularly in times of emergency, because of the
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very large crowds, narrow roadways, limited ingress and egress, and fixed impediments
to circulation; and
WHEREAS, increasing numbers of street performers and street vendors of
communicative materials seek to work in the Citycs popular downtown business district;
and
WHEREAS, 409 street performers have obtained annual performance permits from
the City as of April 8, 2003; and
WHEREAS, the City issued approximately 734 performance permits in 2002; and
WHEREAS, unregulated street performance and street vending creates a safety
hazard by impeding or blocking the free flow of pedestrian traffic, by attracting large
stationery crowds which block passage, and by impairing access for safety personnel; and
WHEREAS, unregulated street performance and street vending creates particular
safety hazards for seniors, the disabled, young children, and others with limited mobility;
and
WHEREAS, in time of emergency, the hazard could be significant, particularly if it
became necessary to move emergency vehicles on and off the Pier or the Promenade or
to evacuate and close the Pier, the Promenade, or the Transit Mall; and
WHEREAS, in recent years, the City has had to evacuate both the Pier and the
Promenade and has had to move emergency vehicles on and off of the Pier and the
Promenade and the City must assume that it will have to do so again; and
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WHEREAS, in orderto protect public safety, street performance and street vending
must be regulated to ensure the orderly flow of pedestrian and vehicular traffic and ready
access for emergency personnel to public spaces; and
WHEREAS, the provisions of this ordinance will effectuate the Citycs declared
policies of protecting and enhancing the appearance and appeal of the Citycs most
popular public spaces, supporting the arts and maintaining the public safety, health and
welfare,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.112.030 is hereby amended
to read as follows:
6.112.030 Rules and regulations.
(a) Subject also to Sections 6.112.050 and 6.112.060, no performer
may perform:
(1) Within ten feet of any bus stop.
(2) Within ten feet of any street corner or a marked pedestrian
crosswalk.
(3) Within ten feet of the outer edge of any entrance of any
business, including, but not limited to, doors; vestibules; driveways; outdoor
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dining area entries, and emergency exits, during the hours that any business
on the premises is open to the public or to persons having or conducting
lawful business within those premises.
(b) No person may perform on the Third Street Promenade, the Pier,
the Transit Mall, or any public sidewalk without first obtaining a performance
permit issued by the City pursuant to Section 6.112.040.
(c) A performer and the performercs equipment may not block or
obstruct the free and safe movement of pedestrians. If a sufficient crowd
gathers to observe a performer such that the passage of the public through
a public area is blocked or obstructed, a police officer or fire official may
disperse that portion of the crowd that is blocking or obstructing the passage
of the public. If a performer cannot conduct a performance in a location
without blocking or obstructing the passage of the public, a police officer or
fire official may cause the performer to leave the location or require that the
performer relocate his/her equipment, 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 license pursuant to
Chapter 6.04.
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(e) No performer shall construct, erect, or maintain any stage,
platform, or similar structure for use during any performance unless the
staQe or platform:
(1) Is inteQral to the performance and the performance only
takes place on the staQe;
(3) Does not exceed 4' X 4' and 1/4'[: in heiQht;
(4) Is removed from the public way when the performer is not
performinQ;
(5) Has beveled edQes.
(f) No performer shall use any knife, sword, torch, flame, axe, saw,
or other object that can cause serious bodily injury to any person, or engage
in any activity, including but not limited to, acrobatics, tumbling, or cycling,
that can cause serious bodily injury to any person.
(g) No performer shall use any generator, wet cell battery with
removable fill caps, or any other power source that poses a fire or public
safety hazard. No performer shall connect or maintain an electrical cord to
an adjacent building or to a City power source.
(h) No performer may litter his or her performance site.
(i) No performer shall utilize or prevent the public from utilizing any
public benches, waste receptacles, or other street furniture during the
performance.
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U) No minor under the age of sixteen can perform unless the minor
is at all times accompanied by a responsible adult eighteen years of age or
older, has obtained an entertainment work permit issued by the Department
of Industrial Relations of the State of California.l. and maintains the permit in
his/her 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 being kept clear for
pedestrian passage.
(I) No performer shall perform with more instruments, props,
equipment, merchandise, or other items than the performer can reasonably
transport or remove at one time.
(m) No performer shall place his/her instruments, props, equipment,
merchandise, or other items on a public sidewalk, public street, or public
right-of-way for more than two hours without performing in accordance with
the provisions of this Chapter.
(n) No performer shall leave his/her instruments, props, equipment,
merchandise, or other items unattended.
(0) No performer shall perform in contravention ofthe allowable noise
levels established by Chapter 4.12 and Chapter 6.116 of this Code.
(p) No performer shall block or obstruct a curb cut.
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(q) The following formula establishes the special performance hours
that apply during specified holidays on the Third Street Promenade, the
Transit Mall, and the Pier:
(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 preceding
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 were Saturday and the preceding day shall be treated as if it
were Friday.
(3) If the holiday occurs during midweek, and is surrounded by
workdays, then the holiday shall be treated as if it were Sunday and the day
preceding the holiday shall be treated as if it were Friday.
The following is a list of holidays which trigger the application of this
subsection: New Year's Day, President's Day, Memorial Day, Independence
Day, Columbus Day, Labor Day, Veterans Day, Thanksgiving Day, and
Christmas Day. The City Council may by resolution add to this list of
holidays.
(r) No performer shall perform outside designated performance zones
on the Third Street Promenade and the Pier, as established by resolution of
the City Council.
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SECTION 2. Santa Monica Municipal Code Section 6.112.050 is hereby amended
to read as follows:
Section 6.112.050 Special regulations for Third Street Promenade
And Transit Mall.
In addition to the requirements of Sections 6.112.030 and 6.112.040,
no performer shall perform in the Third Street Promenade or the Transit Mall
outside of an enclosed building in violation of the following requirements:
(a) Except as provided in subsection (q) of Section 6.112.030, no
performer shall perform except during the following time periods:
(1) Nine a.m. to eleven p.m. daily.
(2) Eleven p.m. on Friday and Saturday to one-thirty a.m. of the
following day.
(b) No performer shall perform within sixty feet of any special event
authorized by the City unless the special event encompasses one or more
City blocks in which case the performance shall be conducted according to
any administrative guidelines which shall be adopted by the City.
(c) No performer shall:
(1) Perform on the Third Street Promenade in any specific location or
within one hundred twenty feet of that location as measured in a north/south
direction, for more than two hours in any six hour period. The time required
to set up and to remove any instruments, props, equipment, or other items
19
shall be considered part of the performance for purposes of this subdivision
and subdivision (2) of this subsection (c).
(2) Perform on the Third Street Promenade on an even hour at the
same location that he/she was performing on the preceding even hour, or
within one hundred twenty feet of that location as measured in a north/south
direction.
(3) Perform on the Transit Mall in any specific location or within one
hundred twenty feet of that location as measured in an east/west direction,
for more than two hours in any six hour period. The time required to set up
and to remove any instruments, props, equipment, or other items shall be
considered part of the performance for purposes of this subdivision and
subdivision (4) of this subsection (c).
(4) Perform on the Transit Mall on an even hour at the same location
that he/she was performing on the preceding even hour, or within one
hundred twenty feet of that location as measured in an east/west direction.
(5) Perform within ten feet of a vendor operating pursuant to or under
the authority of an approved license agreement or within forty feet of any
other vendor or performance.
(6) Perform on the Transit Mall at a distance greater than five feet
from the outer wall of any building or any permanent extension of the
building such as a planter box.
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(7) Perform on the Santa Monica Boulevard segment of the Transit
Mall within twenty feet of the Third Street Promenade.
SECTION 3. Santa Monica Municipal Code Section 6.112.060 is hereby amended
to read as follows:
Section 6.112.060 Special regulations for the Pier.
In addition to the requirements of Sections 6.112.030 and 6.112.040,
no performer shall perform on the Pier outside of an enclosed building in
violation of the following requirements:
(a) Except as provided in subsection (d) of this Section and
subsection (q) of Section 6.112.030, no performer shall perform except
during the following time periods:
(1) Eight a.m. to eleven p.m. Monday through Thursday.
(2) Eight a.m. on Friday to one a.m. the following Saturday.
(3) Nine a.m. on Saturday and Sunday to one a.m. of the following day.
(b) No performer shall perform within sixty feet of any special event
authorized by the City.
(c) No performer shall:
(1) Perform after 4:00 p.m. at the same location that he/she was
performing prior to 4:00 p.m. or within one hundred fifty feet of that location.
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(2) Perform within fifty feet of any other performance or any vendor
when performing in the General Performance Area.
(3) Perform within thirty-five feet of any other performance or any
vendor when performinQ in the Center Performance Area or the Breezeway
Performance Area.
ill f37 Perform at a distance greater than ten feet from the north
railing of the Pier when performing in the Center Performance Area.
@ f47 Perform at a distance greater than ten feet from the north or
south railings of the Pier when performing in the Breezeway Performance
Area.
@ t57 Perform at a distance greater than seven and one-half feet in
either an east or west lateral direction from one of the stars that the City has
painted on the Pier surface to effectuate the spacing requirements of this
Section and to ensure that the maximum number of performance locations
are provided consistent with spacing requirements. A lottery may be
conducted to allocate performance locations when the number of performers
seekinQ to perform exceed the number of performance locations. When a
lottery is conducted, the distance requirement of subsection (c)(1) of this
Section shall not apply. The lottery shall be conducted as a random drawinQ
or some other basis which ensures that all applicants participatinQ therein
have an equal opportunity to obtain a permit. Administrative Quidelines
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may be established to specify additional requirements, including the conduct
and timing of the lottery and the duration of the permit, consistent with the
provisions of subsection (c)(6) of this Section and any other relevant
provisions of the Municipal Code.
(d) Notwithstanding subsection (a) this Section, no performer shall
perform in the General Performance Area, which is adjacent to the Carousel
Building, except during the following time periods:
(1) Eight a.m. to ten p.m. Monday through Thursday.
(2) Eight a.m. to twelve a.m. (midnight) on Friday.:
(3) Nine a.m. to twelve a.m. (midnight) on Saturday.
(4) Nine a.m. to ten p.m. on Sunday.
SECTION 4. Santa Monica Municipal Code Section 6.112.070 is hereby amended
to read as follows:
6.112.070 Penalties.
The following penalties shall be established for violations of this
Chapter:
(a) Except as provided in subsections (b) and (c) of this Section, any
person violating this Chapter shall be guilty of an infraction, which shall be
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punishable by a fine not less than one hundred dollars and not exceeding
two hundred fifty dollars per violation.
(b) Any person violating Sections 6.112.030(c), 6.112.030(f),
6.112.030(g), 6.112.030(1), 6.112.030(q), 6.112.050(c)(5), or 6.112.060(c)(2)
shall be guilty of an infraction which shall be punishable by a fine not
exceeding two hundred fifty dollars, or a misdemeanor, which shall be
punishable by a fine not exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not exceeding six months, or by
both such fine and imprisonment.
(c) Any person performing without a performance permit as required
by Section 6.112.030(b) shall be guilty of a misdemeanor, which shall be
punishable by a fine not exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not exceeding six months, or by
both such fine and imprisonment.
SECTION 5. Santa Monica Municipal Code Section 6.116.010 is hereby amended
to read as follows:
Section 6.116.010 Use of a table or cart on the Promenade, the
Transit Mall, and the Pier.
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Except as otherwise authorized by this Code, no person shall place
any object or device on the Third Street Promenade, the Transit Mall, or the
Pier for displaying or distributing goods, written materials, merchandise,
food, or any other items except a portable table or cart utilized in accordance
with the following provisions:
(a) The table or cart shall be located:
(1) In designated areas, as established by resolution of the City
Council.
(2) At least ten feet from the outer edge of any entrance of any
business, including, but not limited to: doors; vestibules; driveways; outdoor
dining entries; and emergency exits, during the hours that any business on
the premises is open to the public or to persons having or conducting lawful
business on those premises.
(3) At least ten feet from any bus stop.
(4) At least ten feet from any street corner or a marked pedestrian
crosswalk.
(5) So that at least a four-foot contiguous sidewalk width is kept clear
for pedestrian passage.
(6) So that a curb cut is not blocked or obstructed.
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(7) At a distance no greater than ten feet from the north railing of the
Pier when located in the Center Performance Area.
(8) At a distance no greater than ten feet from the north or south
railings of the Pier when located in the Breezeway Performance Area.
(b) The table or cart shall not be larger than four feet in width by eight
feet in length by three feet in height.
(c) Except as provided in subsection (d) of this Section, 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
maintained in a neat and presentable manner. None of the items shall be
displayed in an area other than upon the table or cart, including, but not
limited to, in display racks on the sidewalks or in the hanging of the items
from a building 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, behind, 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 twelve inches. 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 facilities. The site shall be kept clean
and all rubbish shall be deposited in proper receptacles regularly during the
day and prior to departing the site each day.
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(d) No person shall utilize sandwich board signs ("A" frames),
canopies, umbrellas, tents, and similar coverings unless such use is
authorized by a street use permit, license, or other City-issued authorization.
(e) The table, cart, and all of the personC C s other items shall be
capable of being transported or removed at one time.
(f) Any person vending pursuant to Section 6.36.030tmill shall be
limited to two chairs. The chairs may be placed behind or next to (but not in
front of) the cart or table.
SECTION 6. Santa Monica Municipal Code Section 6.116.030 is hereby amended
to read as follows:
6.116.030. Allowable noise levels on Promenade.
(a) The following maximum noise level (Lmax) shall apply on the
Third Street Promenade and the Transit Mall during the times indicates:
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Day
Time
Mon-Fri
Mon- Thurs
Friday
Saturday
Sunday
Sat/Sun
9 a.m.-7:00 p.m.
7 p.m.-10:30 p.m.
7 p.m.-midnight
9 a.m.-midnight
9 a.m.-10:30 p.m.
12:01 a.m.-1 :30 a.m.
Maximum Noise
Level (Lmax)
75dBA*/ 97 dBA**
85 dBA*/107 dBA**
85 dBA*/1 07 dBA**
85 dBA*/107 dBA**
85 dBA*/107 dBA**
65 dBA*/87dBA**
*When measured at a minimum distance of 25 feet from the person causing
the noise violation.
**When measured at a minimum distance of one foot from the person
causing the noise violation.
At all other times, the City-wide noise standards as reflected In
Chapter 4 of this Code shall apply except the Lmax standard shall provide
the basis for measuring the dBA level.
(b) No person shall create any noise, or allow the creation of any
noise on the Third Street Promenade or Transit Mall which causes the noise
level to exceed the Lmax standard established in this Section.
(c) No business on the Third Street Promenade shall utilize any
speaker or sound reproduction system at a volume that can be heard inside
the premises of another building or structure while the doors and windows
to the premises are closed.
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(d) No person shall interfere with, oppose, or resist the taking of any
noise measurement authorized by this Section.
(e) No person shall use a speaker on a public sidewalk, street, or
right-of-way unless it is placed on the ground and is no more than three feet
in height.
SECTION 7. Santa Monica Municipal Code Section 6.116.060 is hereby amended
to read as follows:
Section 6.116.060 Special regulations for vendors on the Third
Street Promenade and Transit Mall.
No person authorized to vend pursuant to Sections 6.36.030f97ill and
6.36.030ftt}192 may on the Third Street Promenade or the Transit Mall:
(a) Vend on the Third Street Promenade in any specific location, or
'v'v'ithin one hundred t'vventy feet of that location as measured in a north/south
direction, for more than a tvvo-hour period in any six-hour period. The time
required to set up and to remo'v'e equipment and material for 'v'ending shall
be considered part of the time limit established by this subsection and
subsection (b) of this Section;
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(b) Vend on the Third Street Promenade on an even hour at the same
location that he/she '"vas vending on the preceding even hour, or 'v'v'ithin one
hundred Nv'enty feet of that location as measured in a north/south direction;
(c) Vend on the Transit Mall in any specific location, or 'vvithin one
hundred Thventy feet of that location as measured in an easU'v'v'est direction,
for more than a hAlo-hour period in any six-hour period. The time required to
set up and to remo'v'e equipment and material for 'v'ending shall be
considered part of the time limit established by this subsection and
subsection (d) of this Section;
(d) Vend on the Transit Mall on an even hour at the same location that
he/she 'Nas vending on the preceding even hour, or 'v'v'ithin one hundred
hventy feet of that location as measured in an easU'v',,'est direction;
@.2 fe7 Vend within ten feet of a vendor operating pursuant to or under
the authority of an approved license agreement or within forty feet of any
other vendor or performer;
fQ1 ffl Vend those items authorized by Section 6.36.030th7ill2 unless
that person is also performing pursuant to Chapter 6.112, the item vended
is representative of the work being created during the performance, and no
more than five such items are displayed on the table or cart at anyone time.
All other requirements specified in Section 6.116.010 shall apply except that
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the performer/vendor shall be limited to utilizing one table or cart of a size
not larger than four feet in width by four feet in length by three feet in height.
{g} f97 Vend on the Transit Mall at a distance greater than five feet
from the outer wall of any building or any permanent extension of the
building such as a planter box.
SECTION 8. Santa Monica Municipal Code Section 6.116.070 is hereby amended
to read as follows:
Section 6.116.070 Special regulations for vendors on the Pier.
No person authorized to vend pursuant to Section 6.36.030f97ill and
6.36.030ftt}192 may on the Pier:
(a) Vend within fifty feet of any other vendor or performer when
performing in the General Performance Area.
(b) Vend after 4:00 p.m. at the same location that he/she was vending
prior to 4:00 p.m. or within one hundred fifty feet of that location.
(c) Vend those items authorized by Section 6.36.030ftt}192 unless that
person is also performing pursuant to Chapter 6.112, the item vended is
representative of the work being created during the performance, and no
more than five such items are displayed on the table or cart at anyone time.
All other requirements specified in Section 6.116.010 shall apply except that
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the performer/vendor shall be limited to utilizing one table or cart of a size
not larger than four feet in width by four feet in length by three feet in height.
(d) Vend at a distance greater than ten feet from the north railing on
the Pier when located in the Center Performance Area.
(e) Vend at a distance greater than ten feet from the north or south
railings of the Pier when located in the Breezeway Performance Area.
(f) Vend at a distance greater than seven and one-half feet in either
an east or west lateral direction from one of the stars that the City has
painted on the Pier surface to effectuate the spacing requirements of this
Section.
SECTION 9. Santa Monica Municipal Code Section 6.116.080 is hereby amended
to read as follows:
6.116.080 Penalties.
The following penalties shall be established for violations of this
Chapter:
(a) Except as provided in subsection (b) of this Section, any person
violating this Chapter shall be guilty of an infraction, which shall be
punishable by a fine not less than one hundred dollars per violation and not
exceeding two hundred fifty dollars per violation.
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(b) Any person violating Sections 6.116.010(a)(1), 6.116.010(b),
6.116.01 O(c), 6.116.01 O(d), 6.116.060(f) or 6.116.070(c) shall be guilty of an
infraction which shall be punishable by a fine not exceeding two hundred fifty
dollars, or a misdemeanor, which shall be punishable by a fine not
exceeding one thousand dollars per violation, or by imprisonment in the
County Jail for a period not exceeding six months, or by both such fine and
imprisonment.
SECTION 10. Santa Monica Municipal Code Section 6.36.030 is hereby amended
to read as follows:
Section 6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer's market.
(b) Any approved participant in any cultural arts and crafts show
(pursuant to Chapter 6.44).
(c) Any vendor operating pursuant to or under the authority of an
approved license agreement on the Pier.
(d) Any vendor operating pursuant to or under the authority of an
approved license agreement on the pedestrian mall established pursuant to
Section 3.36.150 of this Code.
(e) Any vendor operating pursuant to Section 3.36.180 of this Code.
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~fB Any approved participant in any special event authorized by the
City.
{:llig}Any individual vending newspapers, leaflets, pamphlets, bumper
stickers or buttons.
ill2(fl7 Any individual or organization that vends the following items
which have been created, written, composed or otherwise produced by the
vendor: books, cassette tapes, compact discs, paintings, photographs or any
other item that is inherently communicative and has nominal utility apart from
its communication.
SECTION 11. Santa Monica Municipal Code Section 3.12.370 is hereby amended
to read as follows:
3.12.370 Leaving or placing property or materials on sidewalks
and streets.
Except pursuant to City authorization, N!!o person shall leave any
property, material, or other item unattended upon any public sidewalk, street,
(}f right-of-way, or other public property for a longer period of time than ten
minutes or place any property, material, or other item upon any public
side'vvalk so that less than a four-foot contiguous sidev,ialk 'vvidth is kept clear
for pedestrian passage at all times.
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SECTION 12. Section 3.12.372 is hereby added to the Santa Monica Municipal
Code to read as follows.
Section 3.12.372. Sidewalk Obstruction.
No person shall place any property, material, or other item upon any
public sidewalk so that less than a four-foot contiQuous sidewalk width is
kept clear for pedestrian passaQe at all times.
SECTION 13. 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, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 14. 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 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.
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SECTION 15. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
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