SR-304-001 (6)f:\atty\mu ni\strpts\mjm\communityeventsrevise.wpd
City Council Meeting 4-8-03
TO: Mayor and City Council
FROM: City Staff
APR - ~ 2003
Santa Monica, California
SUBJECT: Ordinance Amending Santa Monica Municipal Code Sections Relating To
Community Events and Street Banners
Introduction
This staff report describes the City's experience in balancing the use of public space,
including through implementation of the Community Events Ordinance which was adopted
and amended in 2001. The report also covers a proposed ordinance which includes
amendments to both the community events ordinance and the ordinance governing
banners over streets
Background
Limited Citv Park Space Is Heavily Utilized In A Wide Variety Ways
Santa Monica is very dense and has a high percentage of multi-family housing. Thus, City
residents are particularly dependent upon public open space to meet their recreational
needs and their need for quiet enjoyment of the outdoors. Fulfilling these needs is a
challenge because, apart from the beach, the City has very limited public open space and
particularly limited park space. Only 113 acres of land in the City is dedicated to parks,
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APR - 8 2003
In addition to being limited by overall area and by the dedication of particular areas to
special purposes, park usage is also limited by other aspects of the parks, including shape,
location and facilities. All but one of the larger parks are adjacent to busy streets. All but
one are in residential or mixed residential and commercial areas. Palisades Park's
appropriate uses are particularly impacted by its physical characteristics, It is long, very
narrow and bordered by a busy arterial on one side and steep bluffs on the other. It is
thus somewhat unsuitable for large group activities.
Moreover, much of the City's park space is not available for general, passive use because
it is dedicated to special uses such as tennis courts, basketball courts, shuffle board
courts, a lawn bowling green, baseball and soccerfields, a gymnasium, a child care center,
and senior and youth centers. Other areas are dedicated to gardens and water elements
Copies of current photographs depicting the City's largest parks and how they are used
are attached to this report.
Most of the specialized areas are very heavily used. Soccer fields, baseball fields and
basket ball courts are in constant use. Indeed, the playing fields are in such demand that
they are utilized at three times the rate recommended for maintenance purposes. Like
the play fields, the recreation centers, meeting rooms, youth theater and day care center
in the parks are constantly utilized. So are the small children's play areas located in all but
one of the five larger parks.
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The passive park space, which comprises the balance of the park lands, is also very
heavily utilized for unstructured individual and group pursuits. Individuals jog, walk, read,
and lounge. Informal groups stroll, play games, chat, and have parties and picnics.
Passive park space is utilized for organized group activities as well. Large groups such
as schools, companies and churches hold picnics. The City and others sponsor festivals.
Occasionally, there are rallies or demonstrations is parks. These uses have significant
impacts when they occur, but they are only occasional
In contrast, in recent years, City park space has been regularly used by private groups
which distribute free food to the public. City staff identified at least twenty-six groups which
regularly distributed food in parks on a scheduled basis. These groups conducted
distributions primarily in Palisades Park, but also utilized Reed and Memorial Parks. The
distributions frequently attracted large crowds and involved significant amounts of
paraphernalia and materials used to hold and serve the food
Other Public Spaces Are Also Utilized For Various Events
Although most recreational activities and events occur in the parks, activities occur in other
spaces as well. Parades, runs and walks occur in the streets. These events are relatively
infrequent, but when they occur, they are regulated to protect the free and safe flow of
traffic.
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Many events occur in the Third Street Promenade, which is a particularly busy and
crowded space on weekends, summer evenings, and at other times. For many years, the
City has consistently regulated that space in order to, among other things, protect the safe
and free flow of pedestrian traffic and to preserve emergency ingress and egress. In the
last couple of years, various groups have conducted marches or demonstrations in that
space.
Other activities occur at the beach. Most of these activities relate to the beach or the
ocean Examples include sand castle building and kite flying contests, baptisms, and
memorial services. Occasionally, individuals and groups have sought City approval to
conduct other types of events there as well, such as demonstrations or commercial
activities,
Events also occur in the beach parking lots. To date, those have been limited to events
involving cultural themes or entertainment. However, this limitation has proven difficult to
maintain. Many applicants simply want to use this space for commercial purposes and
add a limited entertainment component to qualify.
The City Uses Its Community Events Ordinance To Balance Conflicting Demands
For Public Space And To Protect The Community's Welfare.
In order to balance conflicting demands and uses within the City's parks, the City Council
adopted a new Community Events Ordinance in 2001 and adopted minor amendments to
it a few months later. The staff reports on the ordinance and the findings made in
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conjunction with its adoption and amendment provide a detailed description of the
circumstances and conditions necessitating regulation of community events. In particular,
the reports and findings describe the heavy usage of the City's limited public space and the
attendant need to balance uses through an events permitting system
In the year following the adoption of the ordinance, residents and visitors continued to
make heavy and varied use of the City's public space During that year, the City received
approximately 90 applications for community events permits. Examples of events
occurring in the last year include parades and demonstrations in the streets and school and
company picnics, vigils, City and non-City produced festivals, and walks and races in the
parks.
Community And Other Events Are Often Publicized With Banners Hung Over
Streets
Historically and in the recent past, various kinds of events, including events
occurring on City property and elsewhere, have been publicized with banners hung over
the streets. Municipal Code Section 4.08.500 imposes a general prohibition against street
banners but allows them for "promoting cultural or civic events or activities of general public
interest." Banners promoting "commercial sales or activities, religious services or
instructions, or events relating to political events or ballot measures" are explicitly
prohibited Id. The constitutionality of these Municipal Code provisions has been
challenged in a suit presently pending against the City.
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Discussion
The attached proposed ordinance includes several changes to the Community Events
Ordinance which are intended to clarify the existing ordinance, reflect the City's recent
experiences, and address legal issues. The proposed changes are listed below in order
of their appearance in the ordinance.
Language on page 7 of the ordinance (Section 4.68.040) would be modified to clarify that
events which include parades, processions or marches on public property are all in one
category and stationery events are in another. This change reflects the fact that these two
different categories of events have different impacts, and the change also makes use of
language from a recent Supreme Court decision.
The same section would also be modified with the addition of new text on pages 8 and 9
which would loosen restrictions by adding an exemption from the permitting requirement
for spontaneous gatherings in response to current events which could occur on the lawn
of City Hall without a permit. The proposed language would specify that organizers should
give the City advance notice if possible. The proposal reflects the City's commitment to
facilitating opportunities for expression and participation in government. In formulating this
proposal, staff considered proposing a requirement of advance notice for spontaneous
demonstrations detailing the specifics of the event, similarto the system in place in the City
of Long Beach, However, staff opted for the less restrictive approach on the theory that
additional requirements could be added if the proposed system proves to be inadequate,
6
The "Hold Harmless" section, which appears on page 9 was streamlined for the sake of
simplicity and brevity and because some of the requirements are more suitable for
inclusion in the Administrative Instruction applicable to processing event permit
applications.
The proposed ordinance would also revise the section relating to temporary signage
installed for events. (Section 4.68.130, pp. 10-11.) At present, the ordinance requires all
signage to point inward, toward the event. The proposed modification would limit that
requirement to signage bearing commercial logos. It should be noted that this provision
does not restrict the ability of demonstrators to direct hand-held signage toward their
intended audiences because such signs are not "installed."
The section on service charges would be modified slightly to include a reference to the
administrative guidelines. This change would add clarity. Additionally, the word "all" would
be eliminated as a modifier to "City departmental service charges" because the City does
not charge for the cost of public safety personnel to provide for the protection of a
community event and its attendees from hostile members of the public or counter-
demonstrators or for general law enforcement services.
The section on parade routes (pp. 13-14) would be modified by the addition of a route
down Main Street from the Civic Center to the Santa Monica/Los Angeles border. This
change is proposed at the request of inembers of the public who wish to use that route.
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Additionally Section 4.68.180 on page 15 would be modified to clarify that the City's name
cannot be used for the purpose of suggesting that the event is sponsored by the City,
unless it is. Likewise, the seal or logo could not be used without the City's permission
Finally, Code sections on street banners would be modified to eliminate a restriction based
on content because content-based restrictions pose significant legal risks. (Section
4.08.500, pp. 15-16.) This modification would mean that banners over streets could no
longer be used to advertise a variety of non-City produced events. Section 4.08.510
would also be repealed, consistent with this proposed change.
In addition to these changes, City staff has asked whether a provision could be added
which would authorize the denial of a permit to an applicant who has, in the past, violated
permit conditions There is legal authority which would support denying a permit to an
applicant where, in the past, the applicant violated the prior permit, particularly when the
applicant's event caused damage to City property but the applicant refused to compensate
the City. However, the City does not have a history of these types of occurrences.
Consequently, legal staff suggests that consideration of such a provision be deferred until
a clear need arises.
Chapter 6.44 relating to cultural arts and crafts shows would be repealed since it has been
subsumed by the Community Events Ordinance.
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Staff also intends to revise the current Administrative Instructions to reflect the proposed
changes in the Community Events Ordinance and to clarify existing provisions, including
the limited scope of events authorized at the beach and beach parking lots.
Financial/Budget Impact
It is anticipated that the proposed revisions to the Municipal Code would not directly impact
revenues or expenditures.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
ATTACHMENTS: Photographs Relating to Use of City's Parks
Proposed Ordinance
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f:\atty\mu n i\laws\barry\specialeventsamd2003-1.wpd
Council Meeting 4-08-03 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 4.68.040, 4.68.110, 4.68.130, 4.68.140, 4.68.150, AND
4.68.180 OF THE COMMUNITY EVENTS CODE RELATING TO PERMIT CRITERIA,
PARADE ROUTES, TEMPORARY SIGNAGE, DEPARTMENTAL CHARGES, AND
INDEMNIFICATION PROVISIONS AND SECTION 4.08.500 RELATING TO STREET
BANNERS AND REPEALING CHAPTER 6.44 AND SECTION 4.08.510 RELATING
TO THE CULTURAL ARTS AND CRAFTS SHOWS AND STREET BANNERS
WHEREAS, on May 8, 2001, the City Council adopted Ordinance Number 2008
(CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events
Code; and
WHEREAS, the Community Events Code provides a coordinated process for
managing community events to ensure the health and safety of event patrons, residents,
workers, and othervisitors, to prohibit illegal activities from occurring at community events,
and to protect the rights of community event permit holders; and
WHEREAS, Santa Monica is a coastal city in a prime location, bordered by the City
of Los Angeles to the north, east, and south; and
WHEREAS, the City's land area is small, being just 8 square miles and the City's
population is approximately 90,000; and
WHEREAS, the City's population density of 11,200 persons per square mile is the
highest among coastal communities in Los Angeles County and among the highest in the
State; and
WHEREAS, in addition to its large residential population, the City is a very desirable
place to work or visit; and
WHEREAS, on weekdays, approximately300,000 people are presentwithin the City
and on weekends the number swells to as high as 500,000 people; and
WHEREAS, high population density minimizes the private open space available for
residents; and
WHEREAS, 75% of the City's residents live in multifamily housing without private
backyards and gardens; and
WHEREAS, the adverse effects of density and congestion in the City are magnified
by the lack of open space; and
WHEREAS, the City has only approximately419 acres of public open space, which
occupies approximately eight percent of the total land within the City; and
WHEREAS, most of the City's open space is concentrated at the Santa Monica
State Beach on 245 acres of land; and
WHEREAS, this open space is used by hundreds of thousands of persons living
throughout the Southern California region and beyond; and
WHEREAS, only 113 acres of land in the City is dedicated to parks; and
W H EREAS, the City's park space per capita is significantly less than most cities and
well below the national guidelines set by the National Recreation and Parks Association;
and
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WHEREAS, these parks are heavily used for a variety of purposes; and
WHEREAS, Santa Monicans are active and frequent users of the City's parks with
an average of 3 out of 4 residents visiting the City's parks almost twice a week; and
WHEREAS, 93% of the City's households with children are park users; and
WHEREAS, City parks are also frequently used by non-residents of the City; and
WHEREAS, park usage is also limited by other aspects of the parks, including
shape, location, and facilities; and
WHEREAS, all but one of the larger City parks are adjacent to busy streets and are
located in residential or mixed residential and commercial areas; and
WHEREAS, much of the City's park space is not available for general, passive use
because it is dedicated to special uses such as tennis courts, basketball courts, shuffle
board courts, a lawn bowling green, baseball and soccerfields, a gymnasium, a child care
center, and senior and youth centers, and other areas are dedicated to gardens and water
elements; and
WHEREAS, most of the specialized areas of City parks are heavily and constantly
used, including the City's playing fields which are utilized at three times the rate
recommended for maintenance purposes; and
WHEREAS, passive park space is also very heavily utilized by individuals who jog,
walk, read and lounge, and by informal groups who stroll, play games, chat, and have
parties and picnics in the City's parks; and
WHEREAS, organized groups, such as schools, companies, churches, and the City
itself use the City's parks for picnics, festivals, rallies and demonstrations; and
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WHEREAS, in recent years City park space, particularly in Palisades Park and in
Reed and Memorial Parks, has been regularly used by up to 26 private groups to distribute
free food to the public on a scheduled basis, which attracts large crowds and involves
significant amounts of paraphernalia and materials used to hold and serve food; and
WHEREAS, since the City's limited public space is constantly used by large
numbers of people for a variety of activities, both organized and spontaneous, community
events in parks and on other public property must be carefully managed; and
W HEREAS, the density of the City and the number of people working or visiting the
City on a daily basis significantly impacts the ability of traffic to circulate on the City's
existing street network; and
WHEREAS, the City's street network is a grid system bisected bythe Santa Monica
Freeway; and
WHEREAS, streets within this network are categorized into four functional
classification types, arterial streets, collector streets, feeder streets and local residential
streets; and
WHEREAS, arterial streets are generally the commercial arteries that keep traffic
moving throughout the City and have as their primary function the movement of vehicles
into and through the City and the service of adjacent commercial land uses; and
WHEREAS, the locations of the freeway interchanges and over crossings, as well
as the inter-relationships of City streets with those of the surrounding network in Los
Angeles, causes traffic to be concentrated on the City's arterial streets; and
W HEREAS, local residential streets are designed to serve adjacent residential uses
only; and
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WHEREAS, arterial streets are expected to handle traffic volumes ranging from
34,000 to 61,000 average vehicle trips per day while local streets are designed to carry
2,500 average trips per day; and
WHEREAS, due to the nature of the grid system, if an arterial street is blocked or
heavily congested, traffic will be diverted onto the nearest street which is typically a local
residential street; and
WHEREAS, residential streets are overwhelmed when traffic is diverted from arterial
streets and residents' peace and quiet enjoyment are significantly impacted; and
WHEREAS, based on traffic counts taken in April/May 1999, and analysis of traffic
generated by approved or pending development projects, fifteen intersections along arterial
streets are projected to operate at unacceptable levels of service during the morning peak
period and twenty eight intersections are projected to operate at unacceptable levels of
service during the evening peak period; and
WHEREAS, consequently, diverting traffic onto adjacent arterial streets is not
feasible; and
W HEREAS, since the arterial network already carries a significant volume of traffic,
diverting or stopping the traffic will further deteriorate the levels of service for these
intersections and result in increased traffic into residential neighborhoods and degradation
of the vitality of commercial districts; and
WHEREAS, the City's downtown business district is particularly impacted bytraffic;
and
WHEREAS, the level of service in many of the downtown intersections is currently
operating at levels of service "E" (poor level of service) or "F" (failure); and
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WHEREAS, the number of downtown intersections that have unacceptable levels
of service may triple in the near future based on traffic generated by approved but not yet
constructed projects and by projects currently under consideration; and
WHEREAS, community events are, by definition, atypical and not necessarily
anticipated by or appropriately regulated by existing citywide ordinances; and
WHEREAS, the City regulates community events forthe same reasons it regulates
land uses: to protect the health, safety and public welfare by regulating traffic, noise,
aesthetics, and other impacts; and
WHEREAS, community events often require the provision of public services,
including police, fire, transportation, and public works and additional maintenance of the
facilities they use; and
W HEREAS, community events often use facilities thatwould otherwise be available
to the public or generate revenue to the City; and
WHEREAS, managing community events requires ensuring that these events are
compatible in size and type of use with their sites, adequate services are provided for the
events, adequate cost recoveryforthese services is achieved, the events do not interfere
with the City's ability to provide services to the entire community, and the impacts on
neighbors and others are minimized; and
WHEREAS, the City acknowledges that individuals and groups have the right to
engage in expressive activities in the City's public places; and
WHEREAS, the Community Events Code is designed to protect the right of people
to engage in expressive activities in the City's public places and establishes the least
restrictive and reasonable time, place and manner regulations of these activities; and
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS
SECTION 1. Santa Monica Municipal Code Section 4.68.040 is hereby amended
to read as follows:
4.68.040 Permit Required.
Except as otherwise provided by this Chapter or other applicable law,
rule or regulation or any permit or license issued hereunder or pursuant to
the terms of a permit, lease, or contract which has been specifically
authorized by the City Council, a Community Event Permit shall be required
to be obtained from the Community Event Committee for the following
activities:
(a) A parade, procession, march or assembly consisting of persons,
animals, vehicles, or any other combination thereof, which is to assemble or
travel in unison on any public street, highway, alley, sidewalk or other City_
desi_ nated public way and which either (1) may impede, obstruct, impair or
interfere with free use of such public street, highway, alley, sidewalk, or other
public way owned, controlled, or maintained by the City or (2) does not
comply with normal or usual traffic regulations or controls.
(b) Any activity or event involvinq 150 or more persons
on City owned, controlled, or maintained property not subject to the
requirements of subsection (a~ of this section.
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(c) Any activity or event on public property which requires the
placement of a tent, canopy, or other temporary structure if that placement
requires a permit from the City's Fire Department or Building and Safety
Division.
(d) Notwithstanding the above, events at facilities located on City
property that are predominately used and approved by the Fire Department
orthe Building Department as assembly spaces do not require a Community
Event Permit so long as such events do not require a street closure ortraffic
diversion or require the use of other public property that does not constitute
an assembly space. For purposes of this subsection, assembly spaces
include, but are not limited to, the Civic Auditorium, the Pier Carousel, City
park buildings, and Miles Memorial Playhouse.
(e) School grounds and other property owned by the Santa Monica
Unified School District and the Santa Monica College are exempt from the
requirements of this Chapter.
(f) Long-term lessees of City owned, controlled, or maintained
property may receive an Annual Community Event Permit which authorizes
a specified number of community events at that property for the term of the
permit so long as each community event otherwise complies with the
requirements of this Chapter.
(q) Spontaneous events which are occasioned by news or affairs
coming into public knowledge less than forty-eight (48) hours prior to such
event may be conducted on the lawn of City Hall without the orqanizers first
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havinq to obtain a community event permit If practicable the organizers
should aive notice to the City's Community Events Office at least four (4)
hours qrior to the event informinq the City of the date and time of the event
and qroviding an estimate of the approximate number of persons who will be
participatinc~
Events which require advance planning such as recreation events
competition/contests/spectator sports. fairs festivals carnivals ticketed
events. sales/trade shows oreventswhich require a permitfrom Buildina and
Safety or the Fire Department for the placement of structures shall not be
considered to be spontaneous events.
Departmental service charges may still be incurred for events
undertaken pursuant to this subsection to the extent otherwise authorized bv
this chapter and the administrative quidelines adopted pursuant to this
Chapter.
SECTION 2. Santa Monica Municipal Code Section 4.68.110 is hereby amended
to read as follows:
4.68.110 Hold Harmless.
Each permittee shall execute a hold harmless agreement in a form
approved by the City aqreeing to defend, indemnify, and hold harmless the
City against losses and liabilities incurred from the conduct of the permittee
or its officers, employees. and agents.
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SECTION 3. Santa Monica Municipal Code Section 4.68.130 is hereby amended
to read as follows:
4.68.130 Community Event Temporary Signage
Temporary or non-permanent sign(s) identi in a~re~s~tg or
pertaining to the community event may be installed by the permit holder, or
his/her designee, within the event site as defined in the community event
permit . The logo of a commercial
sponsor may be included on a small area of the temporary sign, not to
10
exceed one square foot or five percent of the banner area whichever is
smaller, provided said sign(s) are internally oriented. However, the logo of
tobacco sponsors shall be prohibited.
Directional signs for walks and races may be installed by the permit
holder, or his/her designee, provided that each sign is less than two square
feet in size, attached to a street light or other utility pole at a height of
between five and six feet without damaging the finish of the pole, and
installed less than two hours prior to the start of the event and removed
within one hour of the completion of the event. A plan showing the type and
location of the proposed directional signs must be submitted as part of the
community event permit application and be approved by the City. The City
may remove signs that do not meet the installation and removal
requirements of this Section and shall charge the permittee for the cost of
this removal.
SECTION 4. Santa Monica Municipal Code Section 4.68.140 is hereby amended
to read as follows:
4.68.140 Departmental service charge.
(a) In addition to the payment of the non-refundable permit application
fee and as detailed in the administrative auidelines adopted pursuant to this
Chapter, a permittee shall pay the City for af+ City departmental service
charges incurred in connection with or due to the permittee's activities under
the permit unless the event was City-produced or City co-produced.
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(b) City departments shall submit the final invoices and billings for
department charges to the permittee no laterthan ten working days afterthe
expiration date of the permit.
(c) A permittee who claims an inability to pay department service
charges due to indigency may have these charges waived in accordance
with administrative regulations or guidelines adopted pursuant to this
Chapter. Application for indigent status shall be made at the time of permit
application and shall be accompanied by such relevant information and
documentation as may, in the opinion of the City Manager or his/her
designee, be reasonably necessary to verify such status. For purposes of
this Section 4.68.140, "indigent natural person" means:
(1) a person who is receiving benefits pursuant to the Supplemental
Security Income (SSI) and State Supplemental Payments (SSP) programs
(Sections 12200 to 12205, inclusive, of the California Welfare and
Institutions Code), the California Work Opportunity and Responsibilityto Kids
Act (CaIWORKs) program (Chapter 2(commending with Section 11200 of
Part 3 of Division 9 of the California Welfare and Institutions Code), the Food
Stamp program (7 U.S.C. Sec. 2011 et se~c .) orSection 17000 of the Welfare
and Institutions Code.
(2) a person whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of Health
and Human Services pursuant to the Omnibus Budget Reconciliation Act of
1981, as amended
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(d) An organization in which a majority of the members meet the
criteria for indigent status, as established in subsection (c) of this Section,
may also be eligible for waiver of department service charges,
(e) No permittee shall be required to provide for or pay for the cost of
public safety personnel to provide for the protection of a community event
and its attendees from hostile members of the public or counter-
demonstrations or for general law enforcement in the vicinity of the event.
SECTION 5. Santa Monica Municipal Code Section 4.68.150 is hereby amended
to read as follows:
4.68.150. Parade Routes.
(a) Subject to the requirements of this Chapter, a community event
permit may be issued for a march, procession, or parade in either direction
on the following streets:
(1) Ocean Avenue, between Adelaide Drive (northwest City limits) and
Pico Boulevard
(2) Commencing on Ocean Avenue at the intersection of Adelaide
Avenue (northwest City limits) and continue south on Ocean Avenue to the
intersection of Colorado Avenue, turning easterly on Colorado Avenue to the
intersection of Main Street, turning southerly on Main Street, ending at the
intersection of Main Street and Pico Boulevard.
(3) Commencing on Main Street, north of the entrance to the Civic
Auditorium parking lot and continue south on Main Street to the intersection
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of Marine Street, turning westerly on Marine Street to the intersection of
Barnard Way, turning northerly on Barnard Way to the South Beach parking
lot where the parade will disband.
~4) Commencing on Main Street, north of the entrance to the Civic
Auditorium parking lot and continue south on Main Street to the Santa
Monica/Los Angeles border.
(b) Minor adjustments to the routes established in subsection (a) of
this Section may be authorized by the Community Events Committee to the
extent necessary to avoid construction or other obstructions which would
prevent the parade from proceeding on the established route
(c) Subject to all other applicable requirements of this Chapter, this
Section does not prohibit the issuance of a community event permit for
marches or processions on other streets so long as through and cross-traffic
can be preserved and the safety of the marchers can be maintained
(d) Marches and processions may not be conducted on streets
classified by the City as arterial streets between the hours of 7:00 a.m. to
9:00 a.m. and 4:00 p.m. to 6:00 p.m. on business days unless the march or
procession is being conducted to coincide with another event, not organized
or planned by the permittee, which is occurring on or adjacent to the arterial
street upon which the march will be conducted.
SECTION 6. Santa Monica Municipal Code Section 4.68.180 shall be amended to
read as follows:
1d
It shall be unlawful for the permittee conducting a community event to
use the words "the City of Santa Monica" or "City of Santa Monica," to
suqaest or indicate that the event is sponsored by the Citv_ or to use a
facsimile of the seal or logo of the City of Santa Monica in the promotional
materials or advertising for the event without the City's authorization,
SECTION 7. Santa Monica Municipal Code Section 4.08.500 is hereby amended
to read as follows:
4.08.500 Street Banners Prohibited - Exceptions.
Notwithstanding anything contained in Section 4.08.490 hereof,
temporary banners traversing public rights of way may be hung for the
purpose of promoting City-produced or City co-produced
cultural or civic events e~ and City-produced or City co-produced activities of
general public interest. All other temporary banners are prohibited. ~e
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A Citv-produced event is develoqed and implemented in its entiretx
solelv bv a Citv department or departments A City co-produced event is one
that has siqnificant City staff involvement in both the planning and the
implementation ofthe event togetherwith a non-city entity To be considered
an event co-produced by the City City staff must be involved in all aspects
of the event includinq creative direction funding and fund development
marketinq and media relations and staffing and support services
SECTION 8. Santa Monica Municipal Code Chapter 6.44 and Section 4.08.510 are
hereby repealed in their entirety.
SECTION 9. 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
affect the provisions of this Ordinance.
SECTION 10. 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
16
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 11. 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 thirty
days after its adoption.
APPROVED AS TO FORM:
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~r~~~~~,~,)~~~~~ ~4a~R~~I~~~~ .,, .
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F:WTTY~MU N I\LAW S\BARRY~SPECIALEVENTSAMD2003-1. W PD
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