SR-401-048
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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
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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.
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personnel, the Monitor, residents and members of the business community have all
complained that noise levels are sometimes very high at performance venues. Many
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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.
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in the next 18 months. This project will likely yield proposed revisions to all noise
restrictions, including those governing street performance venues. Meanwhile, staff
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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
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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.
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area, for the purpose of providing public entertainment
(c) Perform. To engage in a performance including, but not limited
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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
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SECTION 2. Santa Monica Municipal Code Section 6.116.030 is hereby amended
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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
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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 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
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newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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