sr-120710-7a (2)
City Council Report
City of
Santa Monica®
City Council Meeting: December 7, 2010
Agenda Item:
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Introduction .and First Reading of Ordinance Amending the Municipal
Code by Revising Provisions Relating to Street Performance and the Use
of Equipment and Amplification in Certain Public Spaces and Adding a
Provision Restricting Sex Offenders Contacts with Children
Recommended Action
Staff recommends that the City Council conduct a public hearing on the proposed
ordinance,- review the record, and introduce for first reading the proposed ordinance.
Executive Summary
Council has directed staff to prepare revisions to municipal code provisions governing
street performance and the use of equipment and amplification in certain public spaces
and also to prepare a new provision prohibiting convicted sex offenders from
undertaking activities, including performances, that attract children. The attached
ordinance fulfills that directive. It includes proposed modifications based on the City's
experience of the last several years and changes in the case law. Several of them are
recommended to enhance safety in crowded spaces. Thus; the proposed ordinance
includes a prohibition against performing and setting up equipment adjacent to Pier
exits and residential doorways, a requirement that performers and others utilize no more
equipment than can be removed within three minutes during an emergency, and a
requirement that performers stay with their own equipment. These provisions are
intended to preserve emergency ingress and egress. The ordinance also addresses the
impacts of excessive noise by adding a new limitation on amplified sound to supplement
the existing decibel limits, which have proven inadequate to protect the public against
the adverse impacts of excessive noise, particularly on the Promenade, where the
souhd echoes within the canyon created by the adjacent buildings. Additionally, the
ordinance contains several revisions intended to effectuate the City's policies of
promoting street performance while protecting public safety and wel#are, protecting the
aesthetics of the City's public spaces, and protecting "brick and mortar" merchants
against unfair competition. These revisions include modifications to definitions and
clarifications intended to, among other things, maintain the distinction between street
performers and vendors and promote the peaceful shared use of public space while
protecting the First Amendment rights of all community members. Finally, the ordinance
contains a general provision which would prohibit any individual who has been
1
convicted of a sexual offense against a minor from performing or distributing items on
public property to entice minors.
Background
As described in staffs report to Council on October 26, 2010, for more than twenty
years, the City has encouraged street performance in its most popular venues: the
Promenade, the Pier and, most recently, the Transit Mall adjacent to the Promenade.
Consistent with the City's core value of supporting the arts and with First Amendment
protections, limited, specific regulations have been adopted for those venues.
Everywhere else in the City, performers can work on sidewalks and in parks, subject
only to general restrictions that protect public safety, such as restrictions prohibiting
blocking sidewalks and engaging in unsafe activities.
Moreover, the regulations applicable to performance on the Pier, Promenade and
Transit Mall have been kept to a minimum. Thus, regulations on the time, place and
manner of performance in those venues have been undertaken only for the three
judicially sanctioned purposes of protecting public safety in these three unique and often
crowded public spaces, preserving the aesthetics of those spaces, and protecting
adjacent merchants who must bear the costs of private space against unfair competition
from those who work in public space. Additionally, over the years, the laws that apply to
performers have been amended many times to reflect changing conditions and
developments in the First Amendment case law. Each time, changes were made based
on a full record that included input from all those affected: street performers, safety
personnel, merchants, and members of the public.
Today, in order to protect circulation, fair competition and aesthetics, the City's
regulatory system differentiates between performers and others who are working on the
Promenade, Pier and Transit Mall. Performers may vend materials that they create in
the course of their performance. Except for the group that the City refers to as
Heartland Vendors (those who sell buttons, pamphlets, newspapers, bumper stickers
and leaflets), other street vendors generally cannot work in these three venues.
2
Vending is allowed on the Promenade from City licensed carts; and artists, among
others, can utilize cart space or utilize other public spaces in the City, including parks
and sidewalks.
Consistent with the City's long-standing commitment to respecting individual rights and
utilizing a full and fair process to balance competing policy goals, the current proposals
are based on the record developed over years of experience with street performance,
the recent augmentation of that record in connection with the hearing on October 26tH
comments and information received by staff since then, and a review of developments
in case law over the last several years. Generally speaking, the principal concerns
raised since the last substantive revisions to these laws include the following: changes
in use and in performers' work impaired circulation and emergency ingress and egress
on the Pier and Promenade; increased use of amplification, excessive noise became a
threat to health and welfare, particularly on the Promenade; some activities that include
vending proliferated and reduced opportunities for traditional performance because of
spacing requirements; changes in technology spawned new mediums for performance
that fall outside current law; and new safety concerns arose because a masked
character who attracts children is a sex offender and costumed characters have
become more prevalent in the City.
Discussion
The proposed ordinance responds to each of these concerns, and the proposed
revisions are described and discussed in this section by category.
Provisions Intended to Preserve Public Safety
As to safety concerns, the ordinance includes three types of proposed amendments that
would protect circulation and emergency ingress and egress. First, the ordinance
includes new prohibitions against performing and setting up equipment near entrances
and exits to and from the Pier. Thus, the ordinance would prohibit performing and
displaying/distributing items from tables/carts within twenty feet of the outer edge of any
3
stairs or ramp on the south side of the Pier, within 10 feet of the roadway leading to the
Pier, or on the wooden landing or walkways immediately north of the Pier (which are
adjacent to the stairs). These amendments were suggested by safety personnel who
note that performers and others have begun setting up on public property adjacent to
the Pier entrances and exits. Their equipment and the crowds that gather often impair
or block Pier ingress and egress. This situation raises significant concerns because the
entrances to and exits from the Pier are limited and narrow, and the crowds on the Pier
are often extremely large. These facts can make it difficult for visitors to leave and for
safety personnel to access the Pier during emergencies. Prohibiting such activity near
entrances and exits will help ensure unfettered ingress and egress. The larger
distance for the south side entrances reflects the fact that Fire .personnel utilize those
entrances for staging large equipment near the Pier.
Likewise, the ordinance would prohibit performing or setting up tables/carts within 10
feet of the entrance to a residence. Current law contains a similar prohibition as to
business entrances. However, entrances to residences are not covered. This change
will make the prohibition on performing within 10 feet applicable to. both. It is
recommended by members of the Fire Department who expressed concern that both
safety personnel and persons living in the Downtown could suffer impaired ingress and.
egress during safety emergencies on the Promenade, including fires and medical
emergencies. However, because performers and vendors/distributors are beginning to
work on sidewalks throughout the downtown and because the concern would be the
same for any residential entrance, the prohibition is not limited to the Promenade.
Instead, it is generally applicable and would ensure that all residential entrances remain
clear.
Third, the ordinance contains new requirements for managing equipment in order to
preserve circulation and ingress and egress. Specifically, the ordinance would prohibit
performing or displaying/distributing with more equipment than can be removed "all at
once within three minutes". Iri contrast, current lavv prohibits using more equipment
4
than can be removed at "one time". Safety personnel suggested adding a time limit to
help protect against the risk of equipment used by performers' and others blocking
passage during emergencies. They suggested three minutes because it mirrors
average safety response time. Thus, the equipment would be limited to an amount that
could be removed and out of the way as emergency personnel arrived.
Additionally, current law prohibits performers from leaving equipment unattended.
Safety personnel and Bayside District Corporation representatives have noted that
performers often leave their equipment with others, usually while they are awaiting a
space in which to perform. However, safety personnel believe that someone watching
equipment as a favor or for a small tip is unlikely to take the time to remove it during an
emergency. In contrast, an owner likely would. Thus, the proposed ordinance would
modify this requirement to require performers to stay with his or her equipment while it
is on a public sidewalk, street or right-of-way.
This ordinance also contains a new provision of general application intended to protect
the safety of children in public spaces. It would prohibit anyone who has been
convicted of a sexual offense against a minor from performing, displaying/distributing, or
engaging in similar activities "on public property to entice minors to congregate around
that person." This provision is intended to protect against the risk that was identified by
Police personnel when they learned that a person who had been convicted of child
molestation in Santa Monica was appearing in Palisades Park, dressed in a Spiderman
costume and mask and charging to have his picture taken with children. The proposed
prohibition is modeled after a local permit restriction that was upheld against a First
Amendment challenge by the Second Circuit in Hobbs v. County of Westchester, 397
F.3d 133 (2005).
Finally, the measure contains new language intended to preserve safety and public
peace by clarifying that performers, like all solicitors, are prohibited from using certain
aggressive measures that can threaten or disturb people in public spaces. This new
5
language is declarative of existing law. The prohibited aggressive conduct is defined in
the same way that it is in the already existing prohibition against aggressive solicitation.
SMMC Section 4.08.740. Municipal restriction of aggressive solicitation has already
been tested and upheld in State and federal court.
Provisions Restricting Noise
In addition to preserving safety, the other main purpose of the ordinance is to enhance
public health and welfare by establishing reasonable restrictions on noise. Current law
does this by establishing decibel limits. However, testimony at the last hearing and
information gathered since shows that the current restrictions are inadequate as to
amplified sound, particularly on the Promenade where there are more and more
sources of amplified sound and where performers and others compete for attention and
drown one another out by "amping up". One performer, quoted in the local press, aptly
described the result as "a wall of sound assaulting the ears of the locals, tourists and
vendors." The monitor and police personnel report that decibel readings are difficult to
take, partly because performers dial down the volume when they spot enforcement
personnel, who must approach close to the performer to isolate the sound source. The
City has not received similar complaints, either as to excessive noise or enforcement
problems, as to nonamplified sound.
To address this set of problems, staff recommends adopting language contained in San
Francisco regulations governing amplification. That standard provides that amplified
sound "shall not be unreasonably loud, raucous, jarring or disturbing to persons of
normal sensitiveness within the area of audibility." It is recommended because, though
it is specific to amplified sound, it has been upheld in court. And, it would give
enforcement personnel an alternative means- of controlling unreasonably loud noise
generated through amplification. Both this limit on amplified sound and the existing
decibel standards would apply to all individuals and businesses on the Promenade and
Transit Mall. In order to maintain the benefit of both standards, enforcement personnel
6
should first attempt to take a decibel reading and, if that effort is thwarted or otherwise
unsuccessful, the general standard could be applied.
Adjustments to Protect Performance Fair Competition and Aesthetics
Another set of modifications is suggested to ensure that the City continues to meet its
goals of promoting performance, while protecting aesthetics and discouraging unfair
competition between vendors who use the public streets and. "brick and mortar"
merchants who must pay rent. Those modifications. are declarative of existing law, but
are stated more clearly in the proposed ordinance than in the current provisions in order
to ensure that performers and others understand the regulations and to help distinguish
between performers and vendors.
Some of these proposed adjustments ih the law would clarify current definitions to
achieve these goals and also reflect developments in performance. Thus, for instance,
the definition of "perform" would be modified to add "similar artistic endeavor" to the list
of activities that fall within the definition of "perform", i.e., playing instruments, singing,
dancing, acting, pantomiming, puppeteering, juggling, reciting and creating visual art in
its entirety. This catchall language would, among other things, add flexibility sufficient to
cover similar art forms that are not expressly listed. Likewise a change is proposed in
the definition of "visual art" which would cover art produced through technologically
equivalent means.
Staff also proposes modifications to the definition of "performer" that would, among
other things help differentiate between those who qualify as performers (and are
entertaining for donations), those who are really street vendors (and are likely
competing with other merchants and are not engaged in expressive activity), and those
who are simply exercising their individual right to express themselves in a public space
to, for example, express the joy of life or communicate a political or religious message
(and are classic "free speakers", not subject to certain laws applicable to performers
because of their disparate impacts on public space).
7
Similarly, language is proposed that would clearly prohibit charging for a performance
(as opposed to accepting donations) and specify that performers shall perform whether
or not they are being compensated.
Finally, the proposed ordinance also contains language clarifying that the City's
restrictions on street vending do not apply to those who sell inherently communicative
items that have nominal utility apart from their communication and have been created,
written or composed by the vendor, such as paintings. This new language restates
existing law more clearly and in a manner that comports with recent case law protecting
the right of artists to sell their own creations on city streets.
Other Clarifications and Remedies
Finally, the ordinance includes changes intended to clarify performers' and vendors'
responsibilities and to clarify enforcement alternatives. Thus, new language would
clarify that both performers and vendors may be subject to other federal, state and local
laws, including tax laws, and that the performer or vendor is responsible for compliance.
Other new language makes clear -that violations may result in the imposition of
administrative fines and penalties pursuant to the Municipal Code and that the remedies
provided in these laws are not exclusive.
Alternatives
The Council could consider other alternatives for regulating noise. However; there are
legal risks attendant upon directly or indirectly prohibiting amplification, which is why
staff suggests adopting and utilizing the San Francisco standard. The City has received
two other suggestions. One is requiring more space between performers on the
Promenade, Pier and Transit Mall than is presently required. This approach might
reduce noise. However, it would also have the effect of reducing opportunities to
perform in these three confined and popular venues. The other suggestion is
prohibiting any performer who uses amplification from working next to another
8
performer who also uses amplification. Again, this suggestion might reduce noise.
However, performers are not the only ones who use amplification on the Promenade.
Businesses and others also use it. And, greater rights to those groups than to
performers may expose the City to legal risks.
Financial Impacts & Budget Actions
There are no direct financial impacts attendant upon the adoption of this ordinance.
There are ongoing costs related to enforcing street performance laws. It is not
anticipated that these would be significantly impacted by the proposed changes in the
law.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
Forwarded to Council:
-_
Rod Gould
City Manager
Attachments:
A. Proposed Ordinance -Amending Santa Monica Municipal Code Provisions
Relating to Street Performance and the Use of Equipment and Amplification in
Certain Public Spaces and Adding a Provision Restricting Sex Offenders Contact
with Children
9
F:\municipal law\shareMaws\barry\Street Performance Ordinance Revisions 2010
City Council Meeting 12-7-10 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 PROVISIONS
RELATING TO STREET PERFORMANCE AND THE USE OF EQUIPMENT AND
AMPLIFICATION IN CERTAIN PUBLIC SPACES AND ADDING A PROVISION
RESTRICTING SEX OFFENDERS CONTACT WITH CHILDREN
WHEREAS, the City consists of just eight square miles of coastal land which are
home to 90,000 residents, the job site of 300,000 workers, and a destination for as
many as 500,000 visitors on weekends and holidays; and
WHEREAS, the 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 the Third Street Promenade. the Santa Monica Pier. and the Transit Mall and
maintaining safe circulation in these spaces is an ongoing challenge; and
WHEREAS, street performers 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
1
WHEREAS, the Third Street Promenade, the Pier, and the Transit Mall are the
major performance venues for street performers in the City; and
WHEREAS, it is typical for there to be 26-30 performers on the Third Street
Promenade and 26 performers on the Pier; and
WHEREAS, most of the performers utilize a substantial amount of equipment
which may include tables, chairs, keyboards, guitars, amps, microphones, and
costumes; and
WHEREAS, for many performers, their performances at this venues constitutes
their livelihood, and consequently, these performers work at these locations daily, year
in and year out; and
WHEREAS, despite their value to the community, unregulated street
performance on crowded public thoroughfares can jeopardize public safety and welfare
by blocking traffic and by impairing emergency ingress and egress; and
WHEREAS, particular safety hazards are created for seniors, the disabled,
young children, and others with limited mobility; and
WHEREAS, these same public safety and welfare impacts would arise with
insufficiently regulated street vending; and
WHEREAS, the success of the Promenade has sparked a dramatic resurgence
in the downtown business district; and, for the welfare of all City residents and workers,
the City must strive to preserve that economic vitality; and
WHEREAS, a major component of the City's present economic vigor is its
merchant community; and
2
WHEREAS, uncontrolled street vending would threaten the public welfare by
permitting unfair competition to merchants who pay substantial rents and by eroding the
City's tax base; and
WHEREAS, in order to preserve the quality of residents' lives and protect the
City's visitor industry, which is an essential component of the City's economic vitality,
the City must safeguard the visual appeal and charm of its streets and public spaces;
and
WHEREAS, the City has adopted a series. of comprehensive plans and
development guides which promote aesthetic values City-wide and particularly on the
Promenade, the Pier and other public spaces; and
WHEREAS, through the adoption of these plans and specific legislation, the City
has been designed as a place where people are encouraged and able to walk through a
safe and attractive street environment and the City is affirmatively seeking to eliminate
visual blight on the public rights-of-way; and
WHEREAS, a City survey has shown that City residents' favorite and most
frequent form of recreation is walking on public thoroughfares and in other public
spaces; and
WHEREAS, the City's experience has shown that unregulated street vending
degrades the. appearance, as well as the safety, of Gity streets and public spaces
because vendors proliferate in numbers and spread their tables, blankets, chairs and
paraphernalia out on the public right of way in the most crowded places; and
WHEREAS, the City has entered. into a license agreement with a third party to
operate a vending cart program within the Third Street Promenade; and
3
WHEREAS, all vending carts are designed, constructed, and maintained
pursuant to specific standards and must be placed in specified locations that do not
directly compete with merchandise sold in adjacent in-line stores; and
WHEREAS, a minimum of three carts must be made available to artists on
weekends at a significantly reduced rate to enable the artists to vend their work; and
WHEREAS, the City has worked since the Tate 1980's to create and refine laws
governing street performance and street vending which recognize performers' and
street vendors' value to the community, respect constitutional rights, protect the free
flow of pedestrian traffic, the safety or residents, workers, and visitors in crowded public
places, shield local businesses from local competition, and preserve the aesthetic
quality of the City's public spaces; and
WHEREAS, the difficulty of striking and maintaining the best possible balance
.between often competing goals has been increased by changing conditions ih the City,
changing activities undertaken by performers and vendors working in public spaces and
changes in judicial interpretation of First Amendment guarantees; 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 Promenade is athree-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
4
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
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 crowds attracted to the Promenade often exceed
this load capacity; and
WHEREAS, the crowds are unpredictable in size and often huge .with counts
undertaken by safety personnel documenting crowds as large as 10,000 per block or
more on the Promenade; and
5
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 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, for purposes of preserving public safety in the event of an
emergency, the City's- Fire Marshal has evaluated the Pier as an "outdoor enclosure"
and has calculated the maximum occupancy load as approximately 8000 persons; and
WHEREAS, performers have begun performing on public property adjacent to
Pier entrances and exits including near the stairs and ramps on the south side of the
Pier, near the roadway leading to the Pier, and on the wooden landing and walkways
north of the Pier: and
WHEREAS, performers' equipment and crowds watching these performers at
these locations often impair or block Pier ingress and egress making it difficult for
visitors to leave and for safety personnel to access the Pier during emergencies; and
6
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 another popular site for street performance; and
WHEREAS, the Transit Mall sidewalks are bounded on one side by building walls
and on the other by very busy streets carrying an unusually high number of buses in
addition to the typical vehicular traffic; and
WHEREAS, monitors and safety personnel have closely observed crowds
gathering around performers working on these public spaces; and
WHEREAS, audience members typically stand ten (10) to fifteen (15) feet from a
performer or performance group and often form a dense ring around the performer
measuring forty (40) to fifty (50) feet in diameter, adjacent buildings and street furniture
notwithstanding; and
WHEREAS, the combination of extremely dense crowds and popular performers
can choke pedestrian flow and severely inhibit police circulation; and
7
WHEREAS, even with the separation between performances, the crowds often
merge into each other and shift from viewing one act to another; and
WHEREAS, when on the Promenade, pedestrians who are not watching the
performance must force their way between the outer rings of spectators and building
walls and when on the Pier, since performers work by both rails, pedestrians must
shove their way through the middle; and
WHEREAS, stationary crowds gathering around performers on the Transit Mall
sidewalks may force pedestrians into the streets where they would be at risk from
vehicular traffic; and
WHEREAS, the precise time periods when the Promenade, 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
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
8
WHEREAS, due to the physical constraints of the Pier, the Promenade, and the
Transit Mall, the crowds that gather at these venues, and the safety emergencies that
have occurred there over the years, there is little margin for error; and
WHEREAS, the City addresses these concerns by ensuring that performers are
aware of the safety requirements relating to equipment, spacing, and the safety of their
acts before the performers commence their performance through the requirement of
obtaining a permit at which time the performers obtain a copy of the City's regulations;.
and
WHEREAS, the City processes permit applications expeditiously with permits
issued by the afternoon of the next business day when applications are filed the
previous morning; and
WHEREAS, the performance permits are. issued annually for $37.00 to cover the
City's processing costs; and
WHEREAS, the City must issue a requested performance permit unless very
specific objective findings for denial are made; and
WHEREAS, the City presently issues approximately 1,250 to 1300 performance
permits annually; and
WHEREAS, on October 13, 2009, the City Council considered the issue whether
the City's permit requirements for street performance should be modified or eliminated
based on the decision in Berger v. Seattle, 563 F.3d 1029 (9th Cir. 2009); and
WHEREAS, the Council received the staff report, heard public testimony from
many street performers and other members of the public and discussed the Berger
9
decision and the differences between Seattle's regulatory purposes and regulated public
areas and the City's; and
WHEREAS, the Council received petitions signed by almost 100 street
performers and supporters expressing strong support for the current regulatory system
including the permit requirement reflective of the active and ongoing role that
performers have had in the formulation of these regulations; and
WHEREAS, the physical realities of the Pier, Promenade, and Transit Mall are
significantly different than the Seattle's Center which is an 80 acre expanse including
numerous entertainment venues and twenty-three acres of outdoor space which had no
record of crowds gathering around street performers; and
WHEREAS, the purpose of the City's regulation is to preserve public safety in the
City's most popular and crowded public spaces while the purpose of Seattle regulations
was to reduce territorial disputes between performers, deter harassment and hostile
behavior by performers, coordinate multiple parks uses, and to establish a mechanism
for permit revocation; and
WHEREAS, the City's performance permit requirements have always been
limited, only applying to crowded or narrow public spaces with safety issues; and
WHEREAS, based on its review, the City eliminated the requirement for a
performance permit for City sidewalks; and
WHEREAS, the City now only requires a performance permit for the Pier,
Promenade, and Transit Mall and only during specified hours when large crowds are
most likely in these three venues; and
10
WHEREAS, consequently, the City does not require a permit to perform in any of
the City parks and open spaces or on most of its sidewalks, thereby providing ample
opportunities for performers to perform in the City without needing a performance
permit; and
WHEREAS, current law prohibits performing or setting up tables/chairs within 10
feet for the entrance to a business, but does not contain a similar prohibition near
entrances to residences; and
WHEREAS, performers and vendors/distributors are beginning to work on
sidewalks throughout the. downtown and are authorized to work in public spaces
throughout the City; and
WHEREAS, both safety personnel and persons. living in the Downtown and
elsewhere in the City could suffer impaired ingress and egress during safety
emergencies, including fire and medical emergencies; and
WHEREAS, as previously detailed, the uncontrolled placement of sound
equipment, tables and paraphernalia on public streets and sidewalks disrupts the
orderly flow of pedestrian traffic and the provision of emergency services; and
WHEREAS, current law prohibits using more equipment than can be removed at
"one time" and prohibits performers from leaving equipment unattended; and
WHEREAS; adding a time limit to the removal requirement and requiring that the
performer stay with the performer's equipment would ensure that the equipment is
removed and out of the way as emergency personnel arrive; and
WHEREAS, the average City safety response time is three minutes and imposing
a similar time limit for the removal of equipment will protect against the risk of
11
equipment used by performers and others blocking passage during emergencies when
coupled with the requirement that a performer stay with his or her equipment when on a
public space; and
WHEREAS, police personnel learned that a person convicted of child molestation
was appearing in Palisades Park dressed in costume and charging to have his picture
taken with children; and
WHEREAS, the City has recently experienced a significant increase in the
number of performers who dress in costume; and
WHEREAS, the City has a compelling interest in protecting the physical and
psychological well-being of minors and preventing the exploitation of children by sexual
predators; and
WHEREAS, the City regulates sound on the Promenade by establishing decibel
limits; and
WHEREAS, these current restrictions are inadequate as to amplified sound
where there are more and more sources of amplified sound and where performers and
others compete for attention and drown one another out by increasing .the volume on
their amps; and
WHEREAS, this is particularly a problem on the Promenade where the sound
echoes within the canyon created by the adjacent buildings; and
WHEREAS, decibel readings are difficult to take because performers often turn
down the volume when they observe enforcement personnel approaching to take
decibel readings; and
12
WHEREAS, prohibiting amplified sound which is unreasonably .loud, raucous,
jarring or disturbing to persons of normal sensitiveness would provide an effective
means of controlling unreasonably loud noise generated through amplification when
enforcement personnel are prevented from taking an effective decibel reading; and
WHEREAS, current law prohibits performing or setting up table/carts withih ten
feet of a business entrance, but does not similarly prohibit performances in front of
entrances to residences; and
WHEREAS, because both safety personnel and persons living in the Downtown
could have impaired ingress and egress during safety emergencies, a prohibition on
performing within ten feet of a residence is-also necessary to ensure that all residential
entrances remain clear; and
WHEREAS, the provisions of this ordinance will effectuate the City's declared
policies of supporting and encouraging .street performers and artists, protecting and
enhancing the appearance and appeal of the City's most popular public spaces, and
maintaining the public safety, health and welfare, consistent with constitutional
requirements,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.112.020 is hereby
amended to read as follows:
6.112.020 Definitions.
13
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.
(b) Handcrafts. Objects made either by hand or
with the help of devices used to shape or produce the
objects through such methods as weaving, carving, stitching,
sewing, lacing, and beading including, but not limited to,
objects such as jewelry, pottery, silver work, leather goods,
and trinkets. Handcrafts are not likely to communicate a
message, idea, or concept to others, are often mass
produced or produced with limited variation, and often have
functional utility apart from any communicative value they
might have. Handcrafts do not include visual art.
(~{~-) Perform. To engage in any of the following
activities ^°~-~~orm~r,ee on public propert r~+nsludint-not
!;n,;t.,c' t^ *"° fo!!o::~ ^^ ^ct ~'; s: playing musical
,. ..y . .
instruments, singing, dancing, acting, pantomiming,
puppeteering, juggling, reciting, er engaging in magic,
14
creating visual art in its entirety. or similar artistic endeavors.
"Perform" shall not include: (1) the provision of personal
services such as hair weaving or massage; (2) the
application of substances to others' skin, including, but not
limited to, paints, dyes, and inks; (3) the completion or other
partial creation of visual art; (4) the creation of visual art
which is mass produced or produced with limited variation or
(5) the creation of handcrafts. This list of exclusions is not
intended to be exhaustive.
~fc-} Performer. An individual who "performs" on
public property +r~a-~~t~t~Iie-area to ; fey-the-Iese-®f
provide+ng public entertainment. Indicia of being a performer
include but are not limited to setting up equipmenfi staging
or orienting the performance towards the public• performing
in the same location for an extended period of time;
performing in the public fora over multiple days seeking
voluntary contributions through passing around a hat or
leavirig open an instrument case or other receptacle and
soliciting donations after a performance.
~~ r
~ ........ ~--, ,. .....~. ~...._.. _...._e r~.._.. _.~_,
15
~{#} 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. The Pier is divided into three
performance areas: the Center Performance area, the
Breezeway Performance area, and the General Performance
area. The boundaries of each of these performance areas
are delineated in Exhibit A to Resolution Number 9704
(CCS) or any successor resolution thereto.
fi{g} Sculpture. A three dimensional work of art
which is created through shaping solid material such as
wood, stone, clay or metal by carving, modeling, or similar
methods.
~{-h-} 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 Santa Monica Boulevard and between the
southeasterly line of Santa Monica Boulevard and the
northwesterly line of Broadway.
16
(h~{+} Transit Mall. The sidewalks on Santa
Monica Boulevard and Broadway from the east side of
Ocean Avenue to the west side of Fifth Street.
~Ej-} Visual Art. Sculptures or t3drawings and
paintings, applied to paper, cardboard, canvas, or other
similar or technologically equivalent medium through the use
of brush, pastel, crayon, pencil, stylus, or other similar
object, ^~.
SECTION 2. Santa Monica Municipal Code Section 6.112.030 is hereby
amended to read as follows:
6.112.030 Rules and regulations.
(a) Subject also to Sections 6.112.050 and
6.112.060, no performer may perform:
(1) Within ten feet of any bus stop;
(2) Within ten feet of any street corner or a
marked pedestrian crosswalk;
(3) Within ten feet of the outer edge of any
entrance of any business, including, but hot limited to;;
doors; vestibules; driveways; outdoor dining area entries;
and emergency exits, during the hours that any business on
17
the premises is open to the public or to persons having or
conducting lawful business within those premises.
{4) Within ten feet of the outer edge of any entrance
to any residence.
(5} Within twenty-feet of the outer edge of an sy tairs
or ramp on the south side of the Pier.
{6) Within ten feet of the outer edge of the roadway
leading to the Pier.
(7} On the wooden landing or wooden walkways
immediately north of the Pier.
(b) No person may perform on the Third Street
Promenade, the Pier, or the Transit Mall without first
obtaining a performance permit issued by the City pursuant
to Section 6.112.040 unless the performance is conducted
on Monday through Friday prior to twelve noon and that day
is not a holiday as defined in subsection (q) of this Section.
(c) A performer and the performer's equipment
may not block or obstruct the free and safe movement of
pedestrians. If a sufficient crowd gathers to observe a
performer such that the passage of the public through a
public area is blocked or obstructed, a Police Officer or Fire
18
Official may disperse that portion of the crowd that is
blocking or obstructing the passage of the public. If a
performer cannot conduct a performance in a location
without blocking or obstructing the passage of the public, a
Police Officer or Fire Official may cause the performer to
leave the location or require that the performer relocate his
or her equipment, but shall not prevent the performer from
occupying another location in compliance with this Chapter.
(d)
. There shall be no charge for a
performance ManeV given for a performance shall be on a
donation only basis. A performer shall perform whether or
not the performer receives compensation for the
performance A performer maV not charge a set fee for the
performance or use aggressive measures to solicit
donations For purposes of this subsection (d) ag req ssive
measures shall include: blocking or impeding the passage
of the solicitee intentionally touching the solicitee with the
intent to intimidate or coerce following the solicitee, going
behind ahead or along side of him or her with the intent to
intimidate or coerce threatening the solicitee bV word or
gesture with physical harm or abusing the solicitee with
19
words which are offensive and inherently likely to provoke an
immediate violent reaction.
A performer shall not
be required to obtain a vendor permit pursuant to Chapter
6.36 or a business license pursuant to Chapter 6.04. Other
federal state and local laws may apply to this activity and to
sales including without limitation local state and federal
tax laws. It is each performer's sole responsibility to ensure
that he/she is familiar with and complies with such laws.
(e) No performer shall construct, erect., or
maintain any stage, platform, or similar structure for use
during any performance unless the stage or platform:
(1) Is integral to the performance and the
performance only takes place on the stage;
(2) Does not exceed four feet by four feet and
one-quarter inch in height;
(3) Is removed from the public way when the
performer is not performing;
(4) Has beveled edges.
20
(f) No performer shall use any knife, sword,
torch, flame, axe, saw, or other object that can cause serious
bodily injury to any person, or engage in any activity,
including, but not limited to, acrobatics, tumbling, or cycling,
that can cause serious bodily injury to any person..
(g) No performer shall use any generator, wet cell
battery with removable fill caps, or any other power source
that poses a fire or public safety hazard. No performer shall
connect or maintain an electrical cord to an adjacent building
or to a City power source.
(h) No performer may litter his or her
performance site.
(i) No performer shall utilize or prevent the public
from utilizing any public benches, waste receptacles, or
other street furniture during the performance.
Q) No minor under the age of sixteen can
perform unless the minor is at all times accompanied by a
responsible adult eighteen years of age or older, has
obtained an entertainment work permit issued by the
Department of Industrial Relations of the State of California
and maintains the permit in his or her possession at the time
of the performance.
21
(k) No performer shall place any object on a
public sidewalk which causes less than afour-foot
contiguous sidewalk width being kept clear for pedestrian
passage.
(I) No performer shall perform with more
instruments, props, equipment, merchandise, or other items
than the performer can reasonably transport er and remove
all at once a time within three (3) minutes.
(m) No performer shall place his or her
instruments, props, equipment, merchandise, or other items
on a public sidewalk, public street, or public right-of-way for
more than two hours without performing in accordance with
the provisions of this Chapter.
(n) Pde A performer shall stay with weave his or her
instruments, props, equipment, merchandise, or other items
at all times that these items are on a public sidewalk public
street or public right-of-waV ""`~'=«n;nd•
(o) No performer shall perform in contravention of
the allowable noise aevels standards established by Chapter
4.12 and Chapter 6.116 of this Code.
22
(p) No performer shall block or obstruct a curb
cut.
(q) The following formula establishes the special
performance hours that apply during specified holidays on
the Third Street Promenade, the Transit Mall, and the Pier:
(1) If the holiday follows a weekend and the next
day is a workday, then the holiday shall be treated as if it
were Sunday and the day preceding the holiday shall be
treated as if it were Saturday.
(2) If the holiday precedes a weekend, then the
holiday shall be treated as if it were Saturday and the
preceding day shall be treated as if it were Friday.
(3) If the holiday occurs during midweek, and is
surrounded by workdays, then the holiday shall be treated as
if it were Sunday and the day preceding the holiday shall be
treated as if it were Friday.
The following is a list of holidays which trigger the
application of this subsection: New Year's Day,
Presidents Day, Memorial Day, Independence Day,
Columbus Day, Labor Day, Veterans Day, Thanksgiving
23
Day, and Christmas Day. The City Council may by resolution
add to this list of holidays.
(r) No performer shall perform outside
designated performance zones on the Third Street
Promenade and the Pier, as established by resolution of the
City Council.
SECTION 3. Santa Monica Municipal Code Section 6.112.030 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 of
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), 6.112.060(c)(5),
or 6.112.060(d), or anv successor legislation thereto shall
be guilty of an infraction which shall be punishable by a fine
24
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 aperiod-not exceeding
six months, or by both such fine and imprisonment.
(d) Any person who violates anv provision of this
Chapter shall be subject to administrative fines and
administrative penalties pursuant to Chapter 1.09 and
Chapter 1.10 of this Cade.
(e) Nonexclusive Remedies and Penalties. The
remedies provided in this Chapter are not exclusive and
nothing in this Chapter shall preclude anv person from
seeking anv other remedies, penalties or procedures
provided by law.
25
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.
26
(4) At least ten feet from any street corner or a
marked pedestrian crosswalk.
(5) So that at least afour-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.
(9) Within ten feet of the outer edge of ahy entrance
to any residence.
(10) Within twenty feet of the outer edge of any stairs
or ramp on the south side of the Pier.
(11) Within ten feet of the outer edge of any roadway
leading to the Pier.
(12) On the wooden landing or wooden walkways
immediately north of the Pier.
a~
(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 Section 6.116.080, no
structures shall be attached to the table or cart. No other
structure may be used to display the items. The display area,
including the table or cart, shall be maintained in a neat and
presentable manner. None of the items shall be displayed in
an area other than upon the table or cart, including, but not
limited to, in display racks on the sidewalks or in the hanging
of the items from a building or fence or other structure. Any
boxes or accessory items shall be stored entirely beneath
the table or cart and shall not be stored or piled alongside of,
behind, or in front of the table or cart. The items may be
stacked on the table or cart, provided that each stack shall
not exceed the height of twelve inches. Signs may be
attached to the side of or on top of the table or cart. No signs
may extend higher than the top of the table or cart and no
signs may be affixed to City facilities. The site shall be kept
clean and all rubbish shall be deposited in proper
receptacles regularly during the day and prior to departing
the site each day.
28
(d) The table, cart, and all of the person's other
items shall be capable of being transported sr and removed
all at once e-time within three (3) minutes.
(e) Any person vending pursuant to Section
6.36.030(f), or any successor provision, shall be limited to
two chairs. The chairs may be placed behind or next to (but
not in front of) the cart or table.
SECTION 5. Santa Monica Municipal Code Section 6.116.010 is hereby
amended to read as follows:
6.116.030 Allowable noise levels on Promenade and
Transit Mall.
Individuals and businesses shall comply with all of the
following noise levels and standards of this Section:
(a) The following maximum noise level (Lmax)
shall apply on the Third Street Promenade and the Transit
Mall during the times indicated:
Time Maximum Noise Level
(Lmax)
Mon-Fri 9 a.m.-7:00 p.m. 75 dBA*/97 dBA**
Mon-Thurs 7 p.m.-10:30 p.m. 85 dBA*/107 dBA**
Friday 7 p.m.-midnight 85 dBA*/107 dBA**
Saturday 9 a.m.-midnight 85 dBA*/107 dBA**
29
Sunday 9 a.m.-10:30 p.m. 85 dBA*/107 dBA**
SaUSun
12:01 a.m.-
1:30 a.m.
65 dBA*/87 dBA**
When measured at a minimum distance of twenty-
five feet from the source of the noise.
*' When measured at a minimum distance of one foot
from the source of the noise.
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 group 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.
30
(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.
(fl Amplified human speech and music shall not be
unreasonably loud raucous Tarring or disturbing to persons
of normal sensitiveness within the area of audibility.
SECTION 6. Santa Monica Municipal Code Section 6.116.010 is hereby
amended to read as follows:
6.116.060 Special regulations for vendors on the
Third Street Promenade and Transit Mall.
No person authorized to vend pursuant to Sections
6.36.030(f) and 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 atwo-hour period in any six-hour period. The time
required to set up and to remove equipment and material for
31
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 atwo-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 (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;
32
(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 any one time. Aperformer/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
of a size not larger than four feet in width by four feet in
length by three feet in height. Other federal, state, and local
laws may apply to this activity and to sales, including,
without limitation local state and federal tax laws. It is
each performer's sole responsibility to ensure that helshe is
familiar with and complies with such laws.
(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.
33
SECTION 7. Santa Monica Municipal Code Section 6.116.090 is hereby
amended to read as follows:
6.116.090 Penalties.
The following penalties shall be established for
violations of this Chapter:
(a) Except as provided in subsection (b) of this
Section, any person violating this Chapter shall be guilty of
an infraction, which shall be punishable by a fine of not less
than one hundred dollars, but not exceeding two hundred
fifty dollars per violation.
(b) Any person violating Sections
6.116.010(a)(1), 6.116.010(bj, 6.116.010(c), 6.116.010(d),
6.116.030(b) after midnight, 6,116.060(f) or 6.116.070(c), or
any successor Legislation thereto 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.
34
{c) Any person who violates ariy provision of this
Chapter shall be subject to administrative fines and
administrative penalties pursuant to Chapter 1.09 and
Chapter 1.10 of this Code.
{d) Nonexclusive Remedies and Penalties. The
remedies provided in this Chapter are not exclusive, and
nothing in this Chapter shall preclude any person from
seeking any other remedies penalties or procedures
provided by law.
SECTION 8. Santa Monica Municipal Code Section 6.36.030 is hereby amended
to read as follows:
6.36.030 Exemptions.
The provisions of this Chapter shall not apply to:
(a) Any approved participant in any farmer's
market;
(b) Any approved participant in any cultural arts
and crafts show (pursuant to Chapter 6.44);
(c) Any vendor operating pursuant to or under the
authority of an approved license agreement;
35
(d) Any approved participant in any spee+al
community event authorized by the City;
(e) Any individual vending newspapers, leaflets,
pamphlets, bumper stickers or buttons;
(f) Any individual or organization that vends the
following items which are inherently communicative, have
nominal utility apart from their communication and have
been created, written, or composed the^:~:c° rrc~'_^°~'
by the vendor: books• recorded music poetry, or prose,
±± ±µ ..,n„-+ ~,~sn_, sculptures, paintings, r~ints,
~.,,....., .. i.,., ~-... . ~,.... _ .
or photographs-, +s . ±e.,, +~~+ .~ ,.,~~.or±G,f
serr~rntt+a+catierr.
SECTION 9. Santa Monica Municipal Code Section 6.36.030 is hereby amended
to read as follows:
3.12.370 Leaving or placing property, or other
items on sidewalks, streets, streetscape, or public
buildings.
Except as otherwise permitted by this Code or City
contract, no person shall upon any public sidewalk, street,
right-of-way, streetscape, public building, or other public
facility:
36
(a) Leave any property or other item unattended
for a period of longer than ten minutes;
(b) Place any property or other item(s) unless the
item(s) can promptly and safely be transported er and
removed all at once e-#+F}ae within three. (3) minutes.
SECTION 10. Chapter 3.74 is hereby added to the Santa Monica Municipal
Code to read as follows:
Chapter 3.74. Sexual Offense Against A Minor
No individual who has been convicted of a sexual
offense against a minor shall perform or display or distribute
goods, written materials, merchandise, food or any other
items or engage in any other similar activity on public
property to entice a minor to congregate around that person.
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
37
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 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.
38
APPROVED AS TO FORM: