O2337F:\municipal law\share\laws\barry\Street Pertormance Ordinance Revisions 20102d
City Council Meeting 12-14-10 Santa Monica, California
ORDINANCE NUMBER 2337 (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 presence
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
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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
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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 City 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
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WHEREAS, under this agreement, all vending carts are required to be 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, this agreement also requires that a minimum of three carts 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-late 1980's#o 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 unfair 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 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, 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,
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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
WHEREAS, for purposes of preserving public safety in the eveht 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
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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 approximately8000 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
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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
Trahsit 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 the police and pedestrian circulation; and
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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
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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 (9t" 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
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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
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WHEREAS, consequently, the City does not require a permit to perform in any of
the City parks and open spaces or oh 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
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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 childreh by sexual
predators; and
WHEREAS, the City regulates sound oh 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
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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 unable to take an effective decibel reading; and
WHEREAS, current law prohibits performing or setting up table/carts within ten
feet of a business entrance, but does not similarly prohibit performances in froht 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:
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SECTION 1. Santa Monica Municipal Code Section 6.112.020 is hereby
amended to read as follows:
6.112.020 Definitions.
For purposes of this Chapter, the following words
or phrases shall have the following meanings:
(a) Charge. To require someone to pay a fee or
to set, negotiate or establish a fee for a performance.
Seeking voluntary contributions through passing around a
hat, leaving open an instrument case or other receptacle, or
soliciting donations after a performance is not a charge.
(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.
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(c) Perform. To engage in any of the following
activities on public property: playing musical instruments,
singing, dancing, acting, pantomiming, puppeteering,
juggling, reciting, engaging. in magic, 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.
(d) Performer. An individual who "performs" on
public property to provide public entertainment. Indicia of
being a performer include, but are not limited to, setting up
performance equipment; 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 leaving open
an instrument case or other receptacle; and soliciting
donations after a performance.
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(e) The Pier. The Santa Monica Pier, consisting
of both the Newcomb Pier and the Municipal Pier, protruding
from the Santa Monica State Beach at the southwesterly
terminus of Colorado Avenue, and extending for
approximately two thousand one hundred thirty-five feet into
the Santa Monica Bay. 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.
(f) 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.
(g) Third Street Promenade. Third Street between
the southeasterly line of Wilshire Boulevard and the
northwesterly line of Arizona Avenue, and between the
southeasterly line of Arizona Avenue and the northwesterly
Tine of Santa- Monica Boulevard and between the
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southeasterly line of Santa Monica Boulevard and the
northwesterly Tine of Broadway.
(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.
(i) Visual Art. Sculptures or drawings 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 not limited to:
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doors; vestibules; driveways; outdoor dining area 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 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 any stairs
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
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performer such that the passage of the public through a
public area is blocked or obstructed, a Police Officer or Fire
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.
Money 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 may not charge a set fee for the performance or
use aggressive measures to solicit donations. For purposes
of this subsection (d), aggressive 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, by word or
gesture, with physical harm; or abusing the solicitee with
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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.
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(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.
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(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 and remove all
at once 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) A performer shall stay with 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-way.
(o) No performer shall perform in contravention of
the allowable noise standards established by Chapter 4.12
and Chapter 6.116 of this Code.
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(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 (q): New Year's Day,
President's Day, Memorial Day, Independence Day,
Columbus Day, Labor Day, Veterans Day, Thanksgiving
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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 any successor legislation thereto, shall
be guilty of an infraction which shall be punishable by a fine
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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.
(d) Any person who violates any 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.
(e) 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.
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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.
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(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.
(g) Within ten feet of the outer edge of any 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.
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(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.
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(d) The table, cart, and all of the person's other
items shall be capable of being transported and removed all
at once 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**
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Sunday 9 a.m.-10:30 p.m. 85 dBA*/107 dBA**
Sat/Sun 12:01 a.m.- 65 dBA*/87 dBA**
1:30 a.m.
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.
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(ci) 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.
(f) Amplified sound shall not be unreasonably loud,
raucous, jarring 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
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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;
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(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 he/she is
familiar with and complies with such laws.
(g) Vend on the Transit Mall at a distance greater
tharrfive feet from the outer wall of any building or any
permanent extension of the building such as a planter box.
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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(b), 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.
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(c) Any person who violates any 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;
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(d) Any approved participant in any 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- by the vendor: books;
recorded music, poetry, prose, sculptures, paintings, prints,
or photographs.
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:
(a) Leave any property or other item unattended
for a period of longer than ten minutes;
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(b) Place any property or other item(s) unless the
item(s) can promptly and safely be transported and removed
all at once 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
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.
37
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:
MM-~~~ ~~ ES MOUTRIE
City~ttorn
38
Approved and adopted this 14th day of December, 2010.
Richard Bloom, Mayor
State of California )
County of Los Angeles. ) ss.
City of Santa Monica )
1, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2337 (CCS) had its introduction on December 7th,
2010, and was adopted at the Santa Monica City Council meeting held on
December 14, 2010, by the following vote:
Ryes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2337 (CCS) was duly published pursuant to
California Government Code Section 4080&.
ATTEST:
1
Maria M. Stewart, City'Clerk