SR-410-001-02 (11)
NOV
F: \atty\m u n i\strpts \m jm \streetperform er2004report. doc
City Council Meeting 11-9-04
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance Amending Various Sections of the Santa Monica Municipal
Code Relating to Street Performance and the Placement of Property or
Materials on Sidewalks and Streets; Report On Uses Of The Promenade,
Transit Mall, Pier and Adjacent Spaces For Expressive And Other
Purposes And For The Display And Placement Of Objects; Discussion of
Permits Being Issued for Sampling and Other Events by BDC and PRC
Staff, Use of Public Spaces for Displays, Performance for Pay Only and
Use of Wheels on the Transit Mall and Arizona Avenue
Introduction
This staff report provides an update on street performance and other activities which
affect the free flow of pedestrian traffic and emergency ingress and egress in the City's
most popular public spaces, the Third Street Promenade, the Transit Mall, the Pier, and
adjacent areas. Based upon recent developments, the report highlights issues relating
to street performance and the placement of objects on public streets and other public
property for Council consideration. The report also proposes amendments to the
municipal code which would not significantly alter the City's system for regulating the
time, place and manner of street performance and the placement of objects but which
are intended to improve the present regulatory system. An ordinance containing the
proposed amendments is attached and is presented to the City Council for first reading.
NOV
1
970~
9 2004
7A
Backqround
In 1997, the City Council adopted an ordinance regulating the time, place and manner
of street performance in the City's most popular and crowded public spaces. The
Council also adopted measures governing the placement of objects on public streets.
Since then the street performance laws have been modified on numerous occasions as
conditions changed within the City. Code provisions regulating the placement of objects
have also changed with both evolving local conditions and increasing nationwide
concern for safeguarding crowded public spaces.
Each time that the street performance laws have been modified, the City's principal
purpose has been to protect opportunities for individual expression while ensuring the
free and safe flow of pedestrian traffic and preserving emergency access to public
spaces. The City Council's stated secondary goals have included preserving the
aesthetic qualities of public spaces and ensuring that the City fosters street
performance without creating unfair competition between performers and local
merchants.
Because regulating the time, place and manner of expressive activity requires striking a
difficult balance between individual rights and the common welfare, and because the
balance point inevitably shifts with changing circumstances, staff has periodically
provided reports to Council. These reports have served to apprise the Council of factual
and legal developments and to convey suggestions for updating the City's regulatory
system to ensure the best possible balance. This report is another in that series. It
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supplies information about developments occurring during the last two years and
proposals for modifications to City law and policy.
Since the last update to Council, the City's regulatory systems have continued to
function well. Individual expression, including street performance, continues to thrive.
Residents and visitors from near and far continue to enjoy the eclectic mix of
entertainment, opportunities and attractions afforded by the City's most popular public
spaces. The Bayside District Corporation (BDC) and Pier Restoration Corporation
(PRC) continue to explore and effectuate new possibilities for further enlivening the
spaces they manage.
There have been some new developments in street performance; a few appear to staff
to warrant modifications to the street performance laws; others may merely constitute
food for Council thought. Other issues have arisen with respect to the placement of
objects on public streets and other public property, including the beach. This report
covers both areas and conveys information provided by Police Department
representatives responsible for maintaining safety on the Promenade and Pier, street
performers and BDC and PRC staff.
Placement of Objects
Some new issues have arisen on the Promenade with respect to the placement of
objects in conjunction with performance, other expressive activities, Community Events
and other events. The objects run a wide gamut. For example, long rows of tables
have been set up for a knitting event. Persons advocating vegetarianism placed an
inflatable wading pool on the Promenade and filled it with tofu milk and three human
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wrestlers in small bathing suits. Another group utilized a twenty-five foot inflatable
buffalo to communicate its views. Cars have been lined up on the Promenade for a
special event. Screens have been erected to show films questioning the slaughter of
animals for food. Tents have been set up to serve food.
Quite apart from the intended purposes of these activities, their expressive content, anq
their potential for attracting visitors and enlivening the space, the placement of all these
objects has the potential to affect the free flow of pedestrian traffic, emergency ingress
and egress, and aesthetics. These objects can also collapse and cause injury to
pedestrians. The placement of objects poses similar hazards on the Pier and the
Transit Mall. This reality has at least two important potential consequences. First,
safety may be impacted. Therefore, the City must ensure that current permitting
systems and practices are adequate to identify and address any potential safety
hazards. Second, the City's regulatory system may be affected. Since the protection
of traffic flow and aesthetics are (along with unfair competition) the basis of the City's
power to regulate the time, place and manner of expressive activity, it is important that
the Council keep all these activities in mind when considering revisions to local law in
order to ensure consistency and thereby protect the integrity of the regulatory system.
Performers and Free Speech Vendors
Street performance continues to flourish and to evolve in Santa Monica. City staff
anticipates that over 900 performance permits will be issued this year. During peak
hours, significant competition exists for the most desirable performance spots on the
Promenade and Pier.
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There have been two developments with respect to the rotation system, which
continues to work reasonably well on the Promenade. The only issue there involves the
very small group of Free-Speech vendors, who sell buttons and bumper stickers. They
continue to protest application of the rotation requirement to their category of activities
on various grounds including that they do not attract crowds. Experience in court
indicates that it may not be feasible to enforce the rotation requirements against them.
On the Pier, PRC staff and the performers have worked together to create a new
system for allocating prime spaces. This system involves performers lining up in a
specified location, prior to the start of a performance period, and choosing their spaces
on a first come-first served basis. After spaces are allocated, performers may check
with the PRe office to obtain information about available spots.
Another development relates to the "mix" of performers. Since the last update, one
category of performers has proliferated, particularly on the Pier: those who make hand-
painted, lettered signs. For instance, on Sunday, October 31, in mid-afternoon, six of
the performance spots in the Center Performance Area and Breezeway on the Pier
were occupied by sign makers. These performers make signs to order, usually for
$1.00 per letter, but do not make signs unless there is a paying customer. This
practice raises a question about the distinction between performance, which is lawful,
and street vending, which is significantly restricted by local law in the City's most
crowded areas.
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Noise
Noise regulation also continues to work reasonably well, with only a few issues having
arisen since the last report to Council. Performance Monitors are taking readings, with
the police intervening only when performers refuse to stay within applicable decibel
limits. Changes in both the law and equipment over the years have facilitated more
accurate measurement. Two issues monitors and police have dealt with since the last
report involve uncertainties about taking noise measurements on musical. groups.
Uncertainties exist in the case of groups using amplifiers as to where the reading should
be taken and who is subject to citation. Another issue which has arisen relates to a very
small number of performers who choose to disregard warnings, accept citations, and
continue to perform in violation of noise limits. The impact upon surrounding neighbors
has sometimes been substantial, particularly late at night.
Developments on the Pier and Promenade Relating to Other Activities
Some legal issues have arisen relating to use of the Pier and Promenade for purposes
other than performance. Both the PRC and the BDC organize events to enliven the
spaces they manage and attract visitors. Performers sometimes complain that these
events unfairly reduce performance opportunities even though advance notice of the
events is provided and performance spaces usually remain available. Both the PRC
and the BDC staff utilize a permitting system for events which do not fall within the
purview of the Community Events Ordinance and both of the nonprofits issue permits.
These permits are apparently issued for purposes similar to those served by the
Community Events Ordinance; that is, to ensure a balanced and safe use of the space.
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In addition to events, sampling activities occur on both the Pier and Promenade.
Apparently, the PRC favors this activity and issues permits for it. Absent a grant of
permitting authority, the BOC apparently opposes it and has requested enforcement
against it as the unlawful conduct of business outdoors.
Remedies
The enforcement system and remedies continue to work reasonably well. This success
appears to result, in large part, from the facts that the monitors do a good job, senior
law enforcement personnel assigned to these areas are highly experienced, reasonably
good rapport exists among all concerned, and the BOC and PRC work to be fair.
Considering the number of activities which go on in these lively spaces, the number of
violations is small. The most common are noise and failure to rotate; and only a small
percentage of violations are serious. However, there have been a few difficult
problems. One involves repeat safety violators who, under the current system, may
have little incentive to conform their conduct to law. Another involves performers who
persistently perform after hours. One other involves performers who use permits issued
to others or who use their own permit but undertake activities different than those
specified on their application and which are unsafe. One example would be juggling
heavy objects which could fall on spectators and cause injury.
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Issues Involving Adjacent Public Spaces
In addition to the developments which have occurred on the Promenade and Pier, there
have also been developments in the use of adjacent spaces, particularly the Transit
Mall, beach and beach lots.
One potential safety issue has arisen. As performance and outdoor dining have
expanded onto the Transit Mall, that space has become more crowded. Consequently,
representatives of the Police Department have inquired about banning "wheels,"
including skateboards and scooters, on the Transit Mall and Arizona Avenue, to ensure
continued pedestrian safety.
As to the beach and 1550 Lot, there have been a number of requests for uses which
may not be covered by the City's current regulatory scheme. Commercial ventures
wish to use the lot. The Council recently addressed this issue by modifying local law to
allow for some commercial use of part of one lot during the off-season, in order to
generate revenue for the Beach Fund.
There have also been a number of requests for use of the beach and lots for
noncommercial activities, including concerts and displays on the sand. As to the lots,
present guidelines limit the use of the lots in order to protect their principal use (beach
access) and to ensure that they do not become designated public forums - a
development which could make it difficult for the City to limit their use for expressive
activities. As to the beach, present guidelines limit Community Events to those related
to the beach and ocean; however, the Events guidelines do not apply to displays.
Several inquiries have been received about erecting displays on the sand. Also, in
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recent months, a display consisting of crosses representing American's killed in the war
in Iraq, has been placed on the beach north of the Pier each weekend.
Discussion
Summary of the Proposed Ordinance Changes
The attached proposed ordinance includes staff's proposals for relatively minor
modifications to the performance laws. These proposed changes would not make any
significant changes in the basic framework for regulating the time, place and manner of
performance. In fact, opportunities for performance would be slightly increased. The
proposed changes address performance hours on the Pier, rotation on the Pier, rotation
by Heartland vendors, noise enforcement, remedies, permits, and the placement of
objects on streets and public property. The proposed changes are as follows:
. Expansion of Hours. As requested by the performers, hours on the Pier would
be extended by two hours, until 1 :00 a.m. on weekdays during the period from
Memorial Day through Labor Day. This change would give performers additional
time to work and would bring performance hours closer to the hours of the
Arcade's operation. PRC staff has indicated that it supports the change.
. Authorization of Pier Voucher System. Performers and the PRC staff have also
requested a change in law to incorporate the voucher system they have
developed to allocate spaces on a first-come, first-served basis. The proposed
ordinance would provide legal authorization for that system.
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. Chanqes To Remedies. Legal staff and the police are recommending three
changes which relate to remedies and the enforcement system. The first
involves fines. Present law establishes a graduated system of fines with $250
being the mandatory fine for a third infraction. However, experience shows that
the courts will not impose fines in the mandatory amounts - most fines being
imposed are much lower than the amounts specified in the ordinance. Therefore,
staff recommends that the ordinance specify a single amount not less than One
Hundred Dollars, but "not exceeding" Two Hundred Fifty Dollars per violation.
Second, the penalty for performing after hours would be upgraded to a
misdemeanor so that performers who repeatedly refuse to stop performing may
be taken into custody. Third, the proposed ordinance would add a twelve month
"suspension" period applicable only if a performer's permit has been previously
revoked and then there are two new violations related to public safety. This
enhanced penalty is appropriate given that a performer's permit has already
been revoked once before and the performer continues to commit serious safety
violations.
. Exemption of Heartland Vendors for Rotation. Once again, a heartland vendor
has asked to be exempted from rotation. Legal staff and the police are also
recommending this change. It would reflect the reality that there are very few
heartland vendors and they do not attract crowds (which is the rationale for
requiring rotation). Additionally, legal staff remains concerned about the legal
viability of the rotation requirement - a concern which grows with the increasing
number of "events" on the Promenade.
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. Noise Enforcement Chanqes. As to noise, the proposed ordinance would
facilitate enforcement by allowing measurement from the noise source, such as
an amplifier. The modifications would also make all members of a group of
performers responsible for the group's noise violations. Finally, violating noise
limitations after midnight or performing after hours would become a misdemeanor
so that late-night violators would no longer retain the option of simply continuing
to perform after being cited.
. Permit Pictures Substituted for Identification Requirement. To facilitate
enforcement, the Council agreed to a recommendation from the Police
Department that performers be required to carry identification. The change was
made over objections by some performers that they did not possess legal
identification. Police personnel are now suggesting that pictures be added to
performance permits in order to preclude performers from sharing permits. If the
Council opts to make this proposed change, staff suggests dropping the
requirement of carrying identification. Permit fees would have to be increased
just enough to cover the cost of adding photos.
. Modifications Relating To the Placement of Obiects. Finally as to the placement
of objects, staff is recommending two modifications. The Code section on
placing objects on streets and sidewalks City-wide would be modified to preclude
the placement of any object which cannot be promptly and safely transported
away. This modification would mirror the existing requirement that performers
utilize only what they can transport and would ensure that, in time of emergency,
the space can be readily and safely cleared. Additionally, the same section
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would be modified to clarify its application. Also, a new Code section would be
added regulating placement of objects on the Promenade, Transit Mall and Pier
which could impair sight lines, could impede the flow of traffic or could collapse.
Both of these changes would help preserve safety.
Other Issues For Council Consideration And Possible Direction To Staff
There are other issues, not reflected in proposed ordinance changes, that warrant
Council consideration and possible directions to staff. Two of these relate to work done
by BDC and PRC staff in managing space for the City. Both entities issue "permits" for
certain events. Assuming Council wants these activities to continue, an ordinance
should be adopted establishing authority and standards. Also, the PRC staff issues
permits for sampling activities. In contrast, the BDC staff works to prevent sampling on
the Promenade, a decision which comports with the Planning Department's concern
that it may violate the prohibition against doing business outdoors in the City. Council
may wish to consider addressing this issue by directing staff to prepare an appropriate
ordinance.
Another important issue is the use of public spaces for displays which may fall outside
the boundaries of the present Community Events Law. The Community & Cultural
Services Department has received various requests to install displays. Some are
conceived as part of a Community Event, in which case the request is processed as
part of the Event permit system. However, other proposed displays are not part of large
events. Present law prohibits members of the public from installing unattended displays
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on public property, except for winter displays in Palisades Park. However, current law
does not address attended displays on the beach and elsewhere.
Finally, experience of the last several years suggests that Council should consider
evaluating the viability of the present distinction between performing and vending on the
Promenade and Transit Mall and on the Pier. Generally speaking, performance is
allowed (and even encouraged) with a permit and subject to time, place and manner
restrictions. Street vending is limited to specific carts and locations. However,
notwithstanding this limitation, performers are allowed to sell objects which they create
in the course of their performance.
An issue arises because some performers create tangible art objects and do so only
when paid by a customer. Thus, the reality is that they only "perform" for pay, which is
prohibited by the street performance laws. The problem is more than theoretical
because the result is that such performance, which may be more akin to vending, is
particularly lucrative. So, that type of performance proliferates. Moreover, it is
particularly "static" because it involves one person sitting and taking orders for the
production of an object which may be of interest to the buyer but is less likely to be of
interest to others. If Council wishes to address this issue, staff can supply additional
information. Possible avenues of approach might include redefining the line between
performance and vending and/or selecting specified locations for this particular type of
activity and allocating them by lottery. The latter approach is about to be tested by Los
Angeles as part of its ongoing efforts to regulate vending on the Venice Boardwalk.
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A final issue which Council may wish to address is the use of "wheels" on the Transit
Mall and Arizona Avenue. Prohibiting skateboards and other "wheels" in this crowded
area would help guard against accidents. Accordingly, the Council may wish to
consider whether wheels should be restricted, or restricted at certain times, to protect
safety.
Financial/Budqet Impact
The changes in the proposed ordinance would not have direct financial impacts
assuming that the cost of performance permits was increased by the amount necessary
to cover the cost of adding pictures to permits.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading and that the Council consider the other issues raised by this report and provide
staff with any direction Council deems appropriate.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
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F:\A TTY\MUN I\LAW S\BARRY\streetperformer2004update.doc
City Council Meeting 11-09-04
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
6.112.040, 6.112.060, 6.112.070, 6.116.030, 6.116.060, 6.116.070 AND
RENUMBERING AND AMENDING SECTION 6.116.080 RELATING TO STREET
PERFORMANCE AND VENDING ON THE THIRD STREET PROMENADE, THE
TRANSIT MALL, AND THE PIER, INCLUDING SECTIONS ON PERMITS, PIER
PERFORMANCE HOURS, ALLOCATION OF PIER PERFORMANCE SPACES,
NOISE, VENDOR ROTATION, AND PENALTIES, ADDING A NEW SECTION
6.116.080 RELATING TO THE INSTALLATION AND ERECTION OF OBJECTS ON
THE PROMENADE, TRANSIT MALL AND PIER, AND AMENDING SECTION 3.12.370
RELATING TO THE PLACEMENT OF PROPERTY OR MATERIALS ON SIDEWALKS,
STREETS, AND OTHER PUBLIC PROPERTY
WHEREAS, street performers and street vendors of communicative materials
enrich the ambiance of Santa Monica's unique and stimulating public spaces and their
presence in the City's most popular spaces reflects Santa Monica's 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
1
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 performers' and
street vendors' value to the community, respect constitutional rights, protect the free
flow of pedestrian traffic and the safety or residents, workers, and visitors in crowded
public places, shield local businesses from unfair competition, and preserve the
aesthetic qualities of public spaces; 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 City's 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
WHEREAS, the necessity and difficulty of establishing, maintaining and enforcing
regulations governing street performance and vending in the City's public spaces is
exacerbated by certain of the City's 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
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WHEREAS, the City's unusual density necessitates special efforts to preserve
the free and safe flow of both pedestrian and vehicular traffic, particularly in the City's
bustling downtown business district, its most crowded sector; and
WHEREAS, the City's most popular public spaces in the downtown business
district are theThird 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
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 City's 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
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WHEREAS, for purposes of preserving public safety in the event of an
emergency, the City's Fire Marshal has evaluated the Promenade as an "outdoor
enclosure" 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
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
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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 Santa Monica Pier is frequented by the City's residents and is
also among the primary destinations of the approximately 2,350,000 visitors which flock
to the City annually; and
WHEREAS, the Pier is a long, narrow space, only 35 feet wide at some points,
with ingress and egress at only one end; and
WHEREAS, at some points on the Pier, particularly in the central Pier,
pedestrians and vehicles use the same roadway; and
WHEREAS, the flow of pedestrian and vehicular traffic is often severely
obstructed on the Pier due to this design; and
WHEREAS, the precise time periods when the Promenade, the Transit Mall, and
the Pier 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 City's public safety personnel, particularly in times of emergency,
because of the very large crowds, narrow roadways, limited ingress and egress, and
fixed impediments to circulation; and
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WHEREAS, increasing numbers of street performers and street vendors of
communicative materials seek to work in the City's popular downtown business district;
and
WHEREAS, the City issued approximately 917 performance permits in 2003; and
WHEREAS, the City has processed approximately 880 performance permits this
year as of November 1, 2004 and anticipates meeting or exceeding the number of
performance permits issued in 2003; and
WHEREAS, an increasingly wide spectrum of objects are being placed on the
Promenade and the Pier in conjunction with performances, Community Events, and
other expressive activities; and
WHEREAS, these objects can affect the free flow of pedestrian traffic and
emergency ingress and egress and can constitute safety hazards by blocking sight lines
and collapsing; 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, street vending, placement of
objects creates particular safety hazards for seniors, the disabled, young children, and
others with limited mobility; and
WHEREAS, in time of emergency, these hazards 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
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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
WHEREAS, in order to protect public safety, street performance and street
vending must be regulated to ensure the orderly flow of pedestrian and vehicular traffic,
to provide ready access for emergency personnel to public spaces; and
WHREAS, in order to protect public safety, the placement of objects must be
regulated to ensure that sight lines are maintained, the objects do not fall or collapse,
pedestrian and vehicular traffic is not blocked and the objects can be promptly and
safely transported; and
WHEREAS, violations of the performance hour regulations and the noise
regulations are classified as infractions; and
WHEREAS, based on the experience of police personnel, in many instances,
issuing citations for infractions for violations of these provisions is unavailing because
the performers may simply opt to receive multiple citations and continue to perform
rather than comply with the law; and
WHEREAS, violation of the performance hour restrictions and of the noise
regulations after midnight can have a significant impact on the surrounding community,
particularly since residents reside on the Promenade and Transit Mall and adjacent to
the Pier entrance; and
WHEREAS, the provisions of this ordinance will effectuate the City's declared
policies of protecting and enhancing the appearance and appeal of the City's most
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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 HEREBY ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 6.112.040 is hereby
amended to read as follows:
6.112.040 Performance permit.
(a) To receive a performance permit, a person must
complete and file with the City a performance permit
application on a form approved by the City. The applicant
must provide the following information:
(1) The applicant's name;
(2) The applicant's address;
(3) Proof of the identity of the applicant. This
identification must contain a photograph of the applicant.
Acceptable forms of identifications shall include, but not be
limited to, a driver's license, student identification card, or
passport;
(4) A detailed description of the nature of the act to be
performed;
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(5) A detailed description of any instrument(s) or
prop(s) which will be used by the performer(s);
(6) A minor under the age of sixteen shall provide a
copy of an entertainment work permit issued to the minor by
the Department of Industrial Relations of the State of
California and shall identify the responsible adult(s) who will
be with the minor at all times that the minor is performing;
(b) The performance permit will be issued annually
commencing on January 1 st of each calendar year;
(c) Upon receipt of a written application for a
performance permit, a performance permit shall be approved
within three business days of the filing of a fully completed
application, unless one of the following findings is made:
(1) The applicant has knowingly made a false,
misleading, or fraudulent statement of fact to the City in the
application process;
(2) The application does not contain the information
required by this Chapter;
(3) The applicant has not satisfied the requirements of
this Chapter.
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(d) In addition to requiring compliance with all
provisions of this Chapter, the City may condition the
approval of a performance permit on the applicant's
compliance with other provisions of the City's Municipal
Code which are applicable to the performance.
(e) The City may revoke or suspend a performance
permit upon the commission of the second violation either of
this Chapter or of permit conditions within a six-month
period. In any such case, the permit holder shall have the
right to appeal from a decision of the City to revoke or
suspend any permit in accordance with Chapter 6.16 of this
Code. A performer's permit may be suspended for up to four
months. If the performance permit of any performer is
suspended, no new permit shall be issued during the period
of suspension. U-t+te performance permit of -any performer is
revoked, HfHlew-permit.-shall--heissued-tethe-pe.rfermer
within six months after the date of such revocation Any
revocation of a performer's permit shall be for six months
unless the performer previously had a performance permit
revoked and the new violations of this Chapter or permit
conditions relate to public safety, in which case, the permit
shall be revoked for twelve months. No new permit shall be
issued during a revocation period. The City shall establish
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administrative guidelines to assist in the implementation of
this Section.
(f) No application for a performance permit or the
renewal thereof shall be accepted unless the application is
accompanied by a payment of a nonrefundable annual fee in
an amount to be set by resolution adopted by the City
Council.
(g) The performance permit shall include a
photograph of the performer, shall not be assignable or
transferable:. and shall contain the permit number of the
applicant and the year in which the permit expires. Each
performer in a group shall obtain his/her own separate
performance permit.
(h) A replacement performance permit may be
obtained upon payment of a nonrefundable fee in an amount
to be set by resolution adopted by the City Council.
(i) A performer shall clearly display his or her permit
while performing, and shall allow inspection of the permit by
any City police or fire official on request.
(j}AperforTAer-shaH-alsehavea-pic-turetGenUfiBation
at-himself or hersolf in his or her possession at all times
11
llifhile performffi~fAent-pefWARel-mU&t--have-a
reasenab-le-stl-spiei-GH-#:lat--thisGhapter is bein€J-\I~-Glated-j
~Hding a violation of this subsection 0), before requiring a
pe+fermerte...shew-ideRti-fiGatieA:
{Dfk) The City Council may by resolution adjust the
noise limitations established in this Chapter during public
holidays.
!10.(!) When an applicant requests a performance
permit application, the City shall also give the applicant a
document which summarizes the rules and regulations
concerning street performances in the City. This document
may be, but is not required to be, a copy of this Chapter.
SECTION 2. Santa Monica Municipal Code Section 6.112.060 is hereby
amended to read as follows:
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
12
performer shall perform except during the following time
periods:
(1) Eight a.m. to eleven p.m. Monday through
Thursday after Labor Day and before Memorial Day.
(2) Eight a.m. Monday through Thursday to one a.m.
of the following day from Memorial Day through Labor Day.
(2~) Eight a.m. on Friday to one a.m. the following
Saturday.
(~) 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 1 :00 p.m. at the same location that
he/she was performing prior to 1 :00 p.m. or within one
hundred fifty feet of that location.
(2) 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.
13
(3) Perform after 7:00 p.m. at the same location that
he/she was performing prior to 7:00 p.m. or within one
hundred fifty feet of that location.
(4) Perform on the Pier in any specific location or
within one hundred fifty feet of that location for more than
three 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.
(5) Perform within fifty feet of any other performance
or any vendor when performing in the General Performance
Area.
(6) Perform within thirty-five feet of any other
performance or any vendor when performing in the Center
Performance Area or the Breezeway Performance Area.
(7) Perform at a distance greater than ten feet from
the north railing of the Pier when performing in the Center
Performance Area.
(8) Perform at a distance greater than ten feet from
the north or south railings of the Pier when performing in the
Breezeway Performance Area.
14
(9) 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
or voucher system may be eoooucted implemented to
allocate performance locations and ensure that all
performers participating therein have a fair and equal
opportu nlly to WHeH-the~nHffiBerofperformersseekffigte
perferm exceed the number of perform or obtain preferred
performance locations. At the times that WRen a lottery
voucher system is conducted implemented, the distance
requirement of subsection (c)(1 )-(4) of this Section shall not
apply. The lottery shaft be conduGted 3S a random drawing
of-B0FRe-ether-basis-whiBhensuresthatallappHGarrts
paftiBtpating therein have an equal opportunity to obtaffi-a
permit. Administrative guidelines may be established to
specify additional requirements, including the conduct and
timing of the lottery or voucher system, the maximum time
period and location in advance of the lottery or voucher
distribution that the performers can line UR, and the duration
of the permit, consistent with the provisions of this
15
subsection (c)(9) 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 3. 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 punishable by a fine flet-less
thaH-seventy five deHafs for the first violatien of this Chapter,
net.lessthan.ene-hundred-twenty-fived.ellars-fer-the-seoond
16
vffilaOOn of this Chapter, and not less than hvo hundred
deHafsfef-tf:tethird-v-iGJ.atteH-ef-thi6'~8f-;-ffi-+"I{}.-eveHt--sHalf
tho fine exceed not less than one hundred dollars, but 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(a), 6.112.050(c)(5), 6.112.060(a), 9f 6.1
12.060(c)(5), or 6.112.060(d} 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.
17
SECTION 4. Santa Monica Municipal Code Section 6.116.010 is hereby
amended to read as follows:
6.116.010 Use of a table or cart on the Promenade,
the Transit Mall, and the Pier.
Except as otherwise authorized by this Code, no
person on the Third Street Promenade, the Transit Mall, or
the Pier shall display or distribute goods, written materials,
merchandise, food, or any other items from any device or
structure except on or from 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.
18
(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.
(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
19
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.
(d) No persoR sJ:mtl-utilize saFlGwiBh beard signs ("A"
fraffies-),-eaoopJes;-uffibrel:las,-tents,-aHd-similaf--ceveffHgs
ld-Hles&-SBch use-is-authorized by street use permit, license,
er-etl:t9rGity-issued--autl:terizatfoo.
(efill) The table, cart, and all of the person's other
items shall be capable of being transported or removed at
one time.
(f.CQ.,l) Any person vending pursuant to Section
6.36.030(f), or any successor provision. shall be limited to
20
two chairs. The chairs may be placed behind or next to (but
not in front of) the cart or table.
SECTION 5. 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 indicated:
Time
Mon-Fri 9 a.m.-7:00 p.m.
Mon-Thurs 7 p.m.-10:30 p.m.
Friday 7 p.m.-midnight
Saturday 9 a.m.-midnight
Sunday 9 a.m.-10:30 p.m.
Sat/Sun 12:01 a.m.-1 :30 p.m.
Maximum
Noise Level (Lmax)
75 dBA*/97 dBA**
85 dBA*/107 dBA**
85 dBA*/107 dBA**
85 dBA*/107 dBA**
85 dBA*/107 dBA**
65 dBA*/87 dBA**
* When measured at a minimum distance of 25
feet from the person-c-austng the ne-ise--vffil.atfEHl source of
the noise.
** When measured at a minimum distance of one
foot from the person c3using the noise violation source of
the noise.
21
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 or 9IQYQ.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.
(d) No person shall interfere with 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 6. Santa Monica Municipal Code Section 6.116.060 is hereby
amended to read as follows:
22
6.116.060 Special regulations for vendors on the
Third Street Promenade and Transit Mall.
No person authorized to vend pursuant to Sections
6;J~}aRd 6.36.030(g), or any successor legislation,
may on the Third Street Promenade or the Transit Mall:
(a) Vend 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 a two-hour period in any six-hour period. The time
required to set up and to remove equipment and material for
vending shall be considered part of the time limit established
by this subsection and subsection (b) of this Section;
(b) Vend on the Third Street Promenade on an even
hour at the same location that he/she was vending on the
preceding hour, or within one hundred twenty feet of that
location as measured in a north/south direction;
(c) Vend 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 a two-hour
period in any six-hour period. The time required to set up
and to remove equipment and material for vending shall be
23
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 was vending on the preceding
hour, or within one hundred twenty feet of that location as
measured in an east/west direction;
(e) 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;
(f) Vend those items authorized by Section
6.36.030(g), or any successor legislation, 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 at anyone time. A performer/vendor may display
these items from a table or cart, the performer/vendor's
instrument case, or attached to an easel which is used as
part of the performance. If a performer/vendor displays items
from a table or cart, all other requirements specified in
Section 6.116.010 shall apply except that the
performer/vendor shall be limited to utilizing one table or cart
24
of a size not larger than four feet in width by four feet in
length by three feet in height.
(g) 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.
(h) No person authorized to vend pursuant to Section
6.36.030(f), or any successor legislation, shall vend in
contravention of subsections (e) and (g) of this Section.
SECTION 7. Santa Monica Municipal Code Section 6.116.070 is hereby
amended to read as follows:
6.116.070 Special regulations for vendors on the
Pier.
No person authorized to vend pursuant to Section
fi36;D30(f)-aA:d-6.36.030(g), or any successor legislation,
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.
25
(c) Vend those items authorized by Section
6.36.030(g), or any successor legislation, 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 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.
(g) No person authorized to vend pursuant to Section
6.36.030(f), or any successor legislation, shall vend in
26
contraventi9nJ)f subsections (a), (d), (e), and (f) of this
SECTION 8. Section 6.116.080 is hereby added to the Santa Monica Municipal
Code to read as follows:
SiJJ;Ji9JL6.116.0aQ,__plag~nJ~nt3'-J_l!}st91!5!!10n ..ill
Erection of Objects on the Promenade, the Transit Mall and
the Pier.
No person shall place, install or erect objects on the
Promenade, the Transit Mall, or the Pier which may block
sight views, impede traffic or collapse, such as sandwich
board signs ("A" frames), canopies, umbrellas, screens.
large inflatables, tents, and similar objects unless such
.In. ~~
objects are installed or erected pursuant to a street use CJ-.-^-'
permit, license, or other City-issued authorization which
protects public safety.
SECTION 9. Previously numbered Santa Monica Municipal Code Section
6.116.080 is hereby amended to read as follows:
6.116.0~80 Penalties.
The following penalties shall be established for
violations of this Chapter:
27
(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 te&s
tha~venty-five-deUaf&.-ferthe.fiffi.t.-.vffi1atienef.-.tl:l.is-Ghaptef,
~ss:'...rihan one hundred h'Jenty five dollars foHh-e second
vielatienefthisGhapter;and-flet-less-than-twe-hHn6rsd
dollars fer-the third violation of this Chapter. In no event shall
the.fi.HB-exGssd less than one hundred dollars, but not
exceeding two hundred fifty dollars per violation.
(b) Any person violating Sections 6.116.01 0(a)(1),
6.116.010(b), 6.116.010(c), 6.116.010(d), 6.116.030(b) after
midnight, 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 3.12.370 is hereby
amended to read as follows:
3.12.370 Leaving or placing property, materials. or
other items on sidewalksj, and streets, streetscape, or
public buildings.
28
Except as otherwise permitted by this Code pursuant
toG4ty--autReF~zatio-R, no person shall upon any public
sidewalk, street, right-of-way, streetscape, public building, or
other public facilit~
(9.-1 leave any property, material, or other item
u nattended upeA--any-pHbliG-sfElewalkjstreetj--f~ght-ef-waYi--er
etheFi*fblic property for a longer period of time longer than
ten minutes
(b) place any property or other item's) unless the
item(s) can promptly and safely be transported or removed
at one time.
SECTION 11. 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 12. 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.
29
SECTION 13. 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:
30