Loading...
SR-401-048 .g~ f: \atty\mu ni\strpts \mjm\stperf3. wpd City Council Meeting 7-25-00 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJ ECT: Report on the Efficacy of Street Performance Laws and Ordinance Amending the Definition of Street Performance to Restrict Vending and Prohibiting the Use of Sound Amplification Equipment on the Third Street Promenade During Peak Hours Introduction In recent months, Police Department personnel and others have supplied information about the efficacy of the City's current street performance laws. Most of the provisions appear to be effective, but those governing vending of tangible art objects and regulation of noise are insufficient. This staff report summarizes the information, details the concerns, and proposes two revisions in the form of the attached ordinance. Discussion Many aspects of the present regulatory system appear to be effective and to have resolved or minimized problems which existed in the past. The monitoring program is very effective. Utilization of a civilian monitor, who is familiar with both the regulations and the performers' needs and viewpoints, has helped reduce conflicts between performers and uncertainty about the law. Also, the rotation requirements have been fully implemented and are accomplishing their purposes of giving all performers an opportunity to use the most 1 favorable locations and ensuring that the mix of entertainment provided by street performers remains fresh and varied. Notwithstanding these improvements, the present regulatory system does not adequately address problems related to vending by performers. Many performers who vend tangible art objects are actually bringing ready-made artworks to the Pier or Promenade and are simply adding finishing touches on site. in most cases, the objects being soid are ail either identical or very similar; and the "performers" are actually using their performance permit to vend crafts without paying the overhead attendant upon most retail sales activities. Indeed, they may not even be creating the "artworks;" and, if not, they are not engaged in expressive activity or performance. Moreover, the large number of "performers" who are actually vending crafts contributes to crowding and visual clutter in public spaces and also subjects merchants, who rent retail space, to unfair competition. The attached ordinance addresses these problems by adding language to the definition of "perform" which clarifies that tangible art objects must be created at the performance location. Staff recommends that the Council approve the attached ordinance and then determine, at a later date, whether this change has reduced overcrowding by performers or whether additional amendments may be advisable. t:'vroOCl-c-i'Jo. nnic-.o. .ic- tho C"o,...nnrl nrnhl.a...,., u.,hi,...h narc-iC"+co rloconi+o "'. ....,..o.n+ ro.,..,. . I oo::I+i" " D"li,..o L...^""'v.,:,..:JIV.... IIVh:n,:, I..:J LIIV' .,:;,,;;,,\,.,IUIIU tJlV1J1V111 YVlllvl1 pVI..:JI..:JL.;:J U......:JpILv ""....llvIIL Iv~""laLlvll. I VII\,.r1l;Oj personnel, the Monitor, residents and members of the business community have all complained that noise levels are sometimes very high at performance venues. Many 2 attribute the problem to the increased use of use amplification. The problem is particularly acute on the Promenade where almost all musicians, singers and comics use some form of amplification. So do other persons who are also exercising First Amendment rights, like preachers; and those persons are not subject to spacing requirements (so long as they do not set up equipment or furnishings on the Promenade or Pier deck). Police and Bayside District personnel report that performers using amplification frequently violate the noise standard of 85 db. Moreover, many performers using amplification now work in groups which while performing generate significantly more noise than individual performers. Some of the groups have over 30 members and often there are two groups on the Promenade using amplification and playing within 40 feet of one another, each trying to play louder than the other. Experience shows that performers working without amplification are much less likely to violate the noise standard. A number of possibilities have been proposed by City and Bayside District staff for addressing the persistent problems relating to noise. For example, the Council could either adjust noise limits upward to reflect the increase in ambient levels or review and modify enforcement procedures. The Council could also reconsider the possibility of restricting amplification. This could be done by either limiting hours of amplification or confining amplification to particular locations. ~rlrlitinn!:llll\l ct'!Jffutill he I"'.o.ui.au,inn '!:lInn o\/o::llll-atinn raru d-::lltinnco -:anrl nnli,..i.ac- "'Iir'\\/.o.l"'ninn n"ie-a "_....111.I"""'11....117' U"fWoI..ll "'''111 aJ_ 1_'11_'''111:::1 UIIY _V....I'-IfWoI..III:::II....,~L.lIIU..IVII.., UI'U I'-''''''IIVIV.;;I :::IVYVIIIIII~ IIVluu in the next 18 months. This project will likely yield proposed revisions to all noise restrictions, including those governing street performance venues. Meanwhile, staff 3 recommends an interim measure which would impose a minimal ban on amplification equipment on The Promenade during specified and limited hours. For example, the attached ordinance would impose a ban only during "peak hours" which safety personnel have identified as the most crowded. These hours are 7:00 p.m. until midnight on Friday and Saturday nights. However, other hours could be selected instead, depending upon the Council's policy determination. .In any event, staff recommends against a wholesale ban on ampiification. Financial/Budqetarv Impact There will be no financial or budgetary impact if the attached ordinance is adopted. Recommendation Staff recommends that the Council introduce the attached ordinance for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney Barry Rosenbaum, Senior Land Use Attorney 4 f:\atty\muni\laws\mjm\stperf3-1.wpd ('ih, (',.",n,..il Uootinn 7_ ?,,_()() '-'...1 ",,1.JUIIVII IVIVV\'III~ I &......., ~..., ~"'nt'" !\Anni,..", r.",lifnrni", -..... ...- ..,._. ""_, --...-......... ORDINANCE NUMBER _ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICiPAL CODE SECTIONS 6.112.020 AND 6.112.030 RELATING TO STREET PERFORMANCE THE CITY COUNCI L OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 6.112.020 is hereby amended to read as follows: Section 6.112.020 Definitions. For purposes of this Chapter, the following words or phrases shall have the following meanings: (a) Charge. To require someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions through passing around a hat, leaving open an instrument case or other receptacle, or soliciting donations after a performance is not a charge. Ih \ D_rf'-.rlTl.n.r A n in......i\li,....,~1 11""'\" "po_.,n u,h,.,. ru:~r-F"""rT'Ie- in ~ nl.hli,... \uJ ,- 'lWI.VIIII..... 1\11 IIIUIVIUUQ. VI ~IVU"" VYIIV t-'vIIVlllI~ III Q t-'UIJII\"o area, for the purpose of providing public entertainment (c) Perform. To engage in a performance including, but not limited 1 to, the following activities: playing music, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, or creating tangible art objects in their entiretv. "Perform" shall not include.;.j1J the provision of personal services such as hair weaving or massage: or (2) the comDletion or other Dartial creation of tanqible art obiects. (d) Public Areas. Sidewalks, parkways, playgrounds and all other public spaces located in the City. (e) The Pier. The Santa Monica Pier, consisting of both the Newcomb Pier and the Municipal Pier, protruding from the Santa Monica State Beach at the southwesterly terminus of Colorado Avenue, and extending for approximately two thousand one hundred thirty-five feet into the Santa Monica Bay. (f) Tangible Art Object. The term "tangible art object" includes the following items: paintings, drawings, henna tatoos, photographs, sculptures, or any other item that is inherently communicative and has nominal utility apart from its communication. (g) Third Street Promenade. Third Street between the southeasterly line of Wilshire Boulevard and the northwesterly line of Arizona Avenue, and between the southeasterly line of Arizona Avenue and the northwesterly line of S::Int::l Monir.::I ROlJIAV::Irn ::Inn hAtwAAn thA !':OlJthA::I!':tArlv linA of S::Int::l -. --..-- ...-...-- ---.-.--- -..- ---..--.. -..- ----..-----..J ....- -. ---.-- ~A_t""loi,......... 0_..1,..."...,,1"'....1 ..."n....l +h_ r'\_....h\.l.r_~+_l"'h, Ii....,... _4= Cr_"","",u""'" IYIUlllvO UVUlvVOIU OIIU Lllv IIVILlIVV't:;;;;JL'CIIIY IlIlv VI ulvauvvay. SECTION 2. Santa Monica Municipal Code Section 6.116.030 is hereby amended 2 to read as follows: Section 6.116.030 Allowable noise levels on Promenade. (a) The following maximum noise level (Lmax) shall apply on the Third Street Promenade during the times indicated: Maximum Noise Day Time Level (Lmax) Mon .-F ri. g a.m.-7:00 p.m. 75 dSA Mon.-Thurs. 7 p.m.-10:30 p.m. 85 dBA Fri. 7 p.m.-midnight 85 dBA Sat. g a.m.-midnight 85 dBA Sun. g a.m.-10:30 p.m. 85 dBA Sat./Sun. 12:01 a.m.-1 :30 a.m. 65 dBA 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, when measured at a minimum distance of twenty-five feet from the person, 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 <::nA~kAr nr <::nIlnrl rAnrnrllldinn <::v<::tAm ~t ~ vnh ImA th~t ~~n hA hA~rrl in<::irlA ....,........-...""". -. ---..- . -F' ------...-.. -J ......-... -.. - .. ......-........ ... .-.. --.. -- . .--. - .. .-.-- the premises of another building or structure while the doors and windows to the premises are closed. 3 (d) No person shall utilize any sound amplification system on the Third Street Promenade between the hours of 7:00 p.m. and midnight on Fridays and Saturdays. SECTION 3. Any proYision 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 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 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 cause the same to be published once in the official 4 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 5