SR 10-25-2011 7CCity Council Meeting: October 25, 2011
Agenda Item: 7C
To: Mayor and City Council
From: Barbara Stinchfield, Director, Community and Cultural Services
Subject: Proposed Amendments to Municipal Code Provisions Regarding
Regulations Governing Permitted Events in Public Spaces and Parks
Recommended Action
staff recommends that the City Council introduce for first reading the attached
ordinance amending Santa Monica Municipal Code Chapters 3.36, 4.08, 4.55, 4.68 and
6.36 relating to permitted community events in the City's public spaces and parks.
Executive Summary
The City Council last amended the City's Community Events Law on September 22,
2009. Since then and primarily resulting from experience, community feedback, and
changes in City department organizations and titles, staff has identified a number of
event and park - related laws that need to be amended or rescinded. The attached
ordinance would accomplish this purpose by revising sections of the present Events
Code without substantially altering its substance, and by revising relevant sections of
the vending, fire and miscellaneous codes as they relate to events in public spaces and
parks.
Background
The City's Community Events Law, adopted on May H, 2001, was carefully crafted to
conform to rigorous First Amendment standards intended to protect rights of expression
in public places. As case law has continued to develop, the City has made a diligent
effort to ensure that its law conforms to constitutional requirements. This effort has
been very successful. The City's Community Events Law withstood a major legal
challenge and was upheld by the Ninth Circuit Court of Appeals. First readings for
previous changes to the Community Events Law were held October 23 2001, April 08
2003, July 26 2005, and September 22, 2009.
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Discussion
Staff proposes that existing provisions of the Municipal Code be amended or rescinded
as noted below in an effort to clarify conditions, venues, and permit processes.
• Unauthorized event participants (3.36.270). Rescind this section as it is
duplicative of another Code Section. Existing Section 4.68.100(b) (Prohibition
against interference with a community event) can be applied to unauthorized
participants at permitted events.
• Ball playing on the sand (4.08.010). This section prohibits throwing, batting,
hitting, striking, or kicking any ball of any kind within 300 feet of the mean high
tide line of the Pacific Ocean. Modify this section to 1) allow ball playing on the
beach at permitted events; and 2) allow permittees, with City authorization, to
erect courts, diamonds or areas for the playing of ball on the public beaches.
The City regularly issues Event Permits for events on the sand such as sand
soccer, beach volleyball, and beach tennis.
• Use of fire (4.55.100). Add barbeque grills to the list of City- provided cooking
devices allowed for community events. The code currently refers to "a City -
provided masonry, concrete hearth or fire circle" as places where making kindling
or using fire in a park is permitted. Event permittees need to be allowed to use
fire in City provided barbeque grills.
• Community Events Committee - Membership (4.68.020) 1) Revise the list of
Event Committee members to include additional members and current
department names; and 2) delete reference to "Executive Committee." The
City's larger Event Committee is no longer structured to include an Executive
Committee.
• Permit Required (4.68.040(d)). Add "Annenberg Community Beach House" to
the list of City facilities predominately used and approved by the Fire Department
or the Building Department as assembly spaces and exempt from the event
permit process.
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• Permit Required (4.68.040(f)). Rescind this section. The option of applying for
an Annual Event Permit to cover a specified number of "repeat, like" events at a
particular event venue was included in the initial events ordinance (2001). Due
to the complex nature of events and their many aspects, this is not a feasible
model and, as such, it was never implemented. Reviewing and responding to
individual event applications one at a time has proven to be a more practical
approach.
• Use of Live Animals (4.68.060(f). 1) Eliminate language prohibiting animals in
parks and modify to allow only animals in parks when on leash. A number of
annual events in parks include the use of animals on leash and there has not
been a negative impact on the event or park users. 2) The Community Events
law currently does not address animals on the beach. Change to say "proposed
events will not include animals on the beach."
• Review Process (4.68.060(0)). 1) Change to reflect that a permitted event's
transportation management/parking plan requires City approval by the City
division or division's as specified in the event's Requirements Letter provided to
applicant; and 2) delete reference in this section to a specific Division providing
the approval.
• Denial /Revocation of Event Permits (4.68.070). Add the following as a reason for
denying an event permit: "The applicant has damaged City property and has not
paid in full for such damage or has other outstanding and unpaid debts related to
a prior community event issued by the City."
• Departmental Service Charcles (4.68.080(d). To reflect current practice, add a
section stating "A permit application fee and /or administrative fee shall not be
required for permittees of events produced or co- produced by the City or by City -
funded entities contractually required to operate or oversee specific public
venues used for community events.
• Appeals (4.68.090). 1) Change so that appeals to denial of community events
permits can be made to the Director of Community and Cultural Services and not
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to the Chairperson of the Events Committee (unlike the Chairperson, the Director
is not involved in the processing of applications and will be impartial in rendering
a decision); and 2) change the number of days by which a decision will be made
to 10 calendar days for Category 1 events (recreation, spectator sports,
competition /contests, athletic events, circuses /fairs /carnivals, food related
events, sales /trade shows /business promotions, beach /park clean -ups, training
activities) and 1 working day for Category 2 & 3 events (expressive /First
Amendment events).
• Temporary Event Siqnaqe (4.68.130). 1) Expand the permitted size of the logo
of a commercial sponsor or vendor at certain event sites. At park and beach
events, the logo may be included on a small area of the temporary sign, not to
exceed one square foot or five percent of the sign area, whichever is smaller. At
other events sites, including the Pier lot, beach lots, Third Street Promenade and
at the start and finish of race and walk routes, the logo of a commercial sponsor
or vendor is not to exceed 30% of the sign area. Continue to prohibit the logo of
tobacco sponsors; and 2) Add "to the extent possible" after "internally oriented"
This is to accommodate events whose site configurations do not make internally-
oriented signs possible.
• Departmental Service Charges (4.68.140(a). Change language to reflect the
current practice which is that all departments charge the department producing a
City or City co- produced event for personnel /services. Change to: "In addition to
the payment of any applicable permit application and /or administrative fees, and
as detailed in the administrative guidelines adopted pursuant to this Chapter, all
permittees shall pay the for City departmental service charges incurred in
connection with or due to the permittee's activities under the permit ".
• Parades (4.68.150). Change title from "Parade routes" to "Parades, Marches,
Processions, Walks" since this section applies to more than just parades.
• Parades (4.68.150(a). Add "walks" to the list of activities and clarify that parade
routes must be used in one direction only. To minimize impacts on residents,
businesses and commuters, parade routes are intended for use in one direction
only so that the streets can be promptly re- opened as soon as the last participant
passes through.
• Parades (4.68.150(d). Add "parades and walks" to list of activities and change
peak hours, during which the use of arterial streets is prohibited, from 4:00 to
6:00 p.m. to 3:30 to 7:00 pm. The City's Traffic Engineering Group has
recommended modifying the peak traffic hours based on current traffic patterns
in order to protect circulation.
• Races (4.68.160). 1) Change title of this section to "Athletic Events." 2) Delete
reference to walks throughout section. Walks are typically fundraising or leisure
events and tend to use sidewalks so as not to incur the cost of Police traffic
control required for street closures. Walks also take longer to complete, making
it difficult to promptly reopen streets; and 3) Rescind the 10K North City Route.
The 10K North City Route (north of Reed Park) proved to be problematic by
creating challenges related to resident ingress and egress to the neighborhood.
The remaining routes include a 10K and 5K Ocean Route, a 5K North City Route,
and one Marathon Route.
• Block Parties (4.68.190). 1) Change the title of the section to "Neighborhood
Street Events;" and 2) distinguish between the two types of street events and the
permit type that is required for the street closure as follows:
Residential Block Parties utilize a "neighborhood" street, as defined in the Land
Use and Circulation Element, for a block party for neighbors only. A "Permit to
Close a Public Street" is required
Widely- publicized and /or Public Street Events utilize a "neighborhood" street for a
non - moving event organized by a resident or business living or located on the
street to be closed and are publicized broadly. A "Permit to Close a Public Street"
and a "Community Events Permit" are required.
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• Vending Exemptions (6.36.030(b)). Rescind this section as it currently exempts
"Any approved participant in any cultural arts and crafts show (pursuant to
Chapter 6.44)" from the no vending in the parks law. Section 6.44 was rescinded
in 2003. Vendors at permitted events are authorized via Section 6.36.030(d)
which states "Any approved participant in any community event authorized by the
City" is exempt from the no vending in the parks law.
Public Outreach
Event Committee members representing various City departments, as well as staff from
Downtown Santa Monica, Inc. and the Pier Restoration Corporation recently conducted
a thorough review of and suggested a number of changes to the Events Administrative
Instruction (AI). Many of the recommended changes to the Events Al shaped the
ordinance changes proposed in this report.
Financial Impacts & Budget Actions
There are no financial or budget impacts to the recommendation contained in this
report.
Prepared by: Kathy LePrevost, Community Recreation Manager
Approved:
4-4-4�. Ao
Barbara Stinchfield
Director, Community and Cultural
Services
Attachments:
• Proposed Ordinance
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Forwarded to Council:
Rod Gould
City Manager
f: \atty \muni \laws \barry\Community Events Ordinance Update (2) 10 -25 -11
Council Meeting 10 -25 -11 Santa Monica, California
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 4.68.020, 4.68.040, 4.68.060, 4.68.070, 4.68.080, 4.68.090,
4.68.130, 4.68.140, 4.68.150, 4.68.160, 4.68.190, 3.36.270, 4.08.010, 4.55.100, AND
6.36.030 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO PERMITTED
EVENTS IN PUBLIC SPACES AND CITY PARKS
WHEREAS, on May 8, 2001, the City Council adopted Ordinance Number 2008
(CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events
Law; and
WHEREAS, the Community Events Law has been amended and refined on several
occasions to ensure that the law conforms to constitutional requirements and to enact
appropriate modifications to the law based on experience, changing conditions in the City
and community feedback on the operation of the law; and
WHEREAS, the Community Events Law provides a coordinated process for
managing community events to ensure the health and safety of event patrons, residents,
workers, and other visitors, to prohibit illegal activities from occurring at community events,
and to protect the rights of community event permit holders; and
WHEREAS, Santa Monica is a coastal city in a prime location, bordered by the City
of Los Angeles to the north, east, and south;
WHEREAS, the City's land area is small, being just 8 square miles and the City's
population is approximately 90,000; and
WHEREAS, in addition to its large residential population, the City is a very desirable
place to work or visit; and
WHEREAS, on weekdays, approximately 300,000 people are present within the City
and on weekends the number swells to as high as 500,000 people; and
WHEREAS, the density of the City and the number of people working or visiting the
City on a daily basis significantly impacts the ability of traffic to circulate on the City's
existing street network; and
WHEREAS, the City's street network is a grid system bisected by the Santa Monica
Freeway; and
WHEREAS, streets within this network are categorized by classification types
including Boulevard, Special Street, Commercial: Downtown, Commercial: Neighborhood,
Avenue: Major, Avenue: Secondary, Avenue: Minor, Avenue: Industrial, Neighborhood
Street, Shared Street, and Parkway; and
WHEREAS, Boulevard, Commercial: Downtown, Commercial: Neighborhood, and
Avenue: Major street are generally the commercial streets that keep traffic moving
throughout the City and have as their primary function the movement of vehicles into and
through the City and the service of adjacent commercial land uses; and
WHEREAS, the locations of the freeway interchanges and over crossings, as well
as the inter - relationships of City streets with those of the surrounding network in Los
Angeles, causes traffic to be concentrated on the City's commercial streets; and
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WHEREAS, neighborhood streets are designed to serve adjacent residential uses
only; and
WHEREAS, due to the nature of the grid system, if a blocked or heavily congested,
traffic will be diverted onto the nearest street which is typically a neighborhood street; and
WHEREAS, neighborhood streets can be overwhelmed when traffic is diverted from
commercial streets and residents' peace and quiet enjoyment can be significantly
impacted; and
WHEREAS, since the street network already carries a significant volume of traffic,
diverting or stopping the traffic will further deteriorate the levels of service for these
intersections and result in increased traffic into residential neighborhoods and degradation
of the vitality of commercial districts; and
WHEREAS, community events are, by definition, atypical and not necessarily
anticipated by or appropriately regulated by existing citywide ordinances; and
WHEREAS, the City regulates community events for the same reasons it regulates
land uses: to protect the health, safety and public welfare by regulating traffic, noise,
aesthetics, and other impacts; and
WHEREAS, community events often require the provision of public services,
including police, fire, transportation, and public works and additional maintenance of the
facilities they use; and
WHEREAS, community events often use facilities thatwould otherwise be available
to the public or generate revenue to the City; and
WHEREAS, managing community events requires ensuring that these events are
compatible in size and type of use with their sites, adequate services are provided for the
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events, adequate cost recovery for these services is achieved, the events do not interfere
with the City's ability to provide services to the entire community, and the impacts on
neighbors and others are minimized; and
WHEREAS, the City's Community Events Law has been in place for over a decade
and has been highly successful in establishing a coordinated process for community
events thereby ensuring the health and safety of event patrons, residents, workers, and
other visitors and protecting the rights of community event permit holders; and
WHEREAS, based on experience, community feedback and changes in City
department organizations and titles, staff has identified a number of non - substantive,
minor, or clean -up revisions to the Community Events Law that need to be made in an
effort to clarify conditions, venues, and permit processes, to ensure consistency between
various sections of the Municipal Code, and to improve the operation of this regulatory
system,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.68.020 is hereby amended to
read as follows:
4.68.020 Community Events Committee — Membership.
There is hereby created a Community Events Committee to carry out the
provisions of this Chapter. This Committee is comprised of representatives of City
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departments, including, but not limited, to the following departments: Big Blue Bus, City
Manager's Office, Community and Cultural Services, EnViFGRmental aR4 Public Works
"Managernen , Finance, Fire, Planning and Community Development, Police, and Resources
"ntHousing and Economic Development. The Committee may also include
representatives from City- funded entities whose contractual obligations with the City
include operation or oversight of public venues used for community events. The
Chairperson of the Committee shall be designated by the Community and Cultural Services
The G 4' Committee hall h o ed of f`omm� r�'4v Fve Rts Committee
Director. -R, ,.�.... ,.., .,,,.,....-- ...._...,- .,_..� "• - -- -• - -......_...,may- �,.�.,......
members designated by the City ManageF's Offire an.d. the G,h,a*Fperson of the Events
Committee.
SECTION 2. Santa Monica Municipal Code Section 4.68.040 is hereby amended to
read as follows:
4.68.040 Permit required.
Except as otherwise provided by this Chapter or other applicable law, rule or
regulation or any permit or license issued hereunder or pursuant to the terms of a permit,
lease, or contract which has been specifically authorized by the City Council, a Community
Event Permit shall be required to be obtained from the Community Event Committee for
the following activities:
(a) A parade, procession, march or assembly consisting of persons, animals,
vehicles, or any other combination thereof, which is to assemble or travel in unison on any
public street, highway, alley, sidewalk or other City- designated public way and which either
(1) may impede, obstruct, impair or interfere with free use of such public street, highway,
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alley, sidewalk, or other public way owned, controlled, or maintained by the City or (2) does
not comply with normal or usual traffic regulations or controls;
(b) Any activity or event involving one hundred fifty or more persons on City
owned, controlled, or maintained property not subject to the requirements of subsection (a)
of this Section;
(c) Any activity or event on public property which requires the placement of a
tent, canopy, or other temporary structure if that placement requires a permit from the
City's Fire Department or Building and Safety. Division.
(d) Notwithstanding the above, events at facilities located on City property that
are predominately used and approved by the Fire Department or the Building Department
as assembly spaces do not require a Community Event Permit so long as such events do
not require a street closure or traffic diversion or require the use of other public property
that does not constitute an assembly space. For purposes of this subsection, assembly
spaces include, but are not limited to, the Civic Auditorium, the Pier Carousel, City park
buildings, Annenberg Community Beach House, and Miles Memorial Playhouse.
(e) School grounds and other property owned by the Santa Monica Unified
School District and the Santa Monica College are exempt from the requirements of this
Chapter.
::2.airE.
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M{g} Spontaneous events which are occasioned by news or affairs coming. into
public knowledge less than forty -eight hours prior to such event may be conducted on the
lawn of City Hall without the organizers first having to obtain a Community Event Permit. If
practicable, the organizers should give notice to the City' s Community Events Office at
least four hours prior to the event informing the City of the date and time of the event and
providing an estimate of the approximate number of persons who will be participating.
Events which require advance planning such as recreation events,
competition /contests /spectator sports, fairs, festivals, carnivals, ticketed events, sales /trade
shows or events which require a permit from Building and Safety or the Fire Department for
the placement of structures shall not be considered to be spontaneous events.
Departmental service charges may still be incurred for events undertaken
pursuant to this subsection to the extent otherwise authorized by this Chapter and the
administrative guidelines adopted pursuant to this Chapter.
SECTION 3. Santa Monica Municipal Code Section 4.68.060 is hereby amended to
read as follows:
4.68.060 Review process.
Subject also to Section 4.68.070, the Community Events Committee shall issue a
Community Events Permit, if it is determined that all of the following criteria have been met:
(a) The proposed use of the property is not governed by or subject to any other
permit procedures provided elsewhere in this Code or other applicable laws, rules, or
regulations.
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(b) The preparation for or the conduct of the proposed use, event or activity will
not unreasonably or unfeasibly burden City resources necessary to preserve the public's
use of the street in the area contiguous to the street or other public property.
(c) The preparation for or the conduct of the proposed use, event or activity will
not unduly impede, obstruct, or interfere with the operation of emergency vehicles or
equipment in or through the particular permit area or adversely affect the City's ability to
perform municipal functions or furnish city services in the vicinity of the permit area.
(d) The proposed use, event, or activity does not otherwise present a
substantial or unwarranted safety, noise, or traffic hazard.
(e) The proposed event will be of a nature and size appropriate to the proposed
venue, location, or site, will occur during a time period approved for that venue, location, or
site, and will fall within the frequency limitations established by administrative guidelines
adopted pursuant to this Chapter.
(f) The proposed event will not include We animals on the beaches and will not
include animals in parks except on leashes.
(g) A transportation management/parking plan has been approved by the City
for the event to the extent such a plan is
required by implementing regulations.
(h) The proposed event will not cause other adverse impacts on health or safety
to surrounding residential or commercial uses, which cannot be effectively mitigated.
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In deciding whether to approve an application, no consideration maybe given to
the message of the event, the content of speech, the identity or associational relationships
of the applicant, or to any assumptions or predictions as to the amount of hostility which
may be aroused in the public by the content of speech or message conveyed by the event.
SECTION 4. Santa Monica Municipal Code Section 4.68.070 is hereby amended to
read as follows:
4.68.070 Denial /revocation of permit.
The Community Events Committee shall deny an application for a Community
Events Permit or revoke a permit if the Committee finds any of the following:
(a) One or more of the approval criteria specified in Section 4.68.060 is not met;
(b) The applicant has knowingly made a false, misleading or fraudulent
statement of fact to the City in the application process;
(c) The application does not contain the information required by this Chapter;
(d) The application does not satisfy the requirements of this Chapter or the
administrative regulations adopted thereto;
(e) The applicant fails to comply with any conditions of approval including, but
not limited to:
(1) Remittance of fees, charges or deposits,
(2) Submittal of an indemnification agreement and /or proof of insurance to the
extent required,
(3) Timely receipt of all required approvals;
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(f) The applicant fails to agree as a condition of permit issuance that if City
property is destroyed or damaged by reason of permittee's use, event or activity and the
damage or destruction is directly attributable to the permittee, the permittee shall reimburse
the City for the actual replacement or repair cost of the destroyed or damaged property.
(g) The applicant has damaged City property and has not paid in full for such
damage or has other outstanding and unpaid debts related to a prior community event
permit issued by the City.
SECTION 5. Santa Monica Municipal Code Section 4.68.080 is hereby amended to
read as follows:
4.68.080 Permit fees.
- (a) Except as otherwise provided by this Code or any other applicable law, rule
or regulation, or by the terms of a permit, license, lease or contract which has been
specifically authorized by the City Council, the permit application fees and other additional
fees and charges, including neighborhood notification fees, for the use of city streets or
other city -owned or controlled property pursuant to this Chapter shall be established by the
City Council by resolution.
(b) An indigent natural person who cannot apply for a permit because of an
inability to pay the application fee due to such indigence may not be required to pay the fee
in accordance with administrative regulations or guidelines adopted pursuant to this
Chapter. Application for indigent status shall be made at the time of permit application and
shall be accompanied by such relevant information and documentation as may, in the
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opinion of the City Manager or designee, be reasonably necessary to verify such status.
For purposes of this Section 4.68.080, "indigent natural person" means:
(1) A person who is receiving benefits pursuant to the Supplemental Security
Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to
12205, inclusive, of the California Welfare and Institutions Code), the California Work
Opportunity and Responsibility to Kids Act (Cal WORKs) program (Chapter 2, commencing
with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code),
the Food Stamp program (7 U.S.C. Sec. 2011 et seq.) or Section 17000 of the Welfare and
Institutions Code;
(2) A person whose monthly income is one hundred twenty -five percent or less
of the current monthly poverty line annually established by the Secretary of Health and
Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended;
(c) An organization in which a majority of its members meet the criteria for
indigent status, as established in subsection (b) of this Section, may also be eligible for
application fee waiver.
(d) A permit application fee and /or administrative fee shall not be required for
permittees of events produced or co- produced by the City or by City funded entities
contractually required to operate or oversee specific public venues used for community
events.
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SECTION 6. Santa Monica Municipal Code Section 4.68.090 is hereby amended to
read as follows:
4.68.090 Appeals.
Any applicant aggrieved by an adverse decision under Sections 4.68.060 or
4.68.070 may appeal such decision to the Director of Community and Cultural Services
by filing a written notice of such appeal
with the Committee within five business days of the decision. The Chairperson shall decide
the appeal within one working day unless the event is a Category 1 event as defined in the
Administrative Instruction implementing this Community Events Ordinance in which case
the appeal shall be decided within ten calendar days. The Chairperson's decision shall be
final except for judicial review.
SECTION 7. Santa Monica Municipal Code Section 4.68.130 is hereby amended to
read as follows:
4.68.130 Community event temporary signage.
Temporary or non - permanent sign(s) identifying or pertaining to the community
event may be installed by the permit holder, or designee; within the event site as defined in
the community event permit. At events on the City beach or at City parks, Tthe logo of a
commercial sponsor or vendor may be included on a small area of the temporary sign, not
to exceed one square foot or five percent of the banner area, whichever is smaller,
provided said sign(s) are internally oriented to the extent possible. At other event sites, the
logo shall not exceed thirty percent of the banner area provided the sign(s) are internally
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oriented to the extent possible. Howeve;-,tThe logo of tobacco sponsors shall be
prohibited.
Directional signs for walks and races may be installed by the permit holder, or
designee, provided that each sign is less than two square feet in size, attached to a street
light or other utility pole at a height of between five and six feet without damaging the finish
of the pole, and installed less than two hours prior to the start of the event and removed
within one hour of the completion of the event. A plan showing the type and location of the
proposed directional signs must be submitted as part of the community event permit
application and be approved by the City. The City may remove signs that do not meet the
installation and removal requirements of this Section and shall charge the permittee for the
cost of this removal.
SECTION 8. Santa Monica Municipal Code Section 4.68.140 is hereby amended to
read as follows:
4.68.140 Departmental service charge.
(a) In addition to the payment of the any applicable non - refundable permit
application fee and administrative fee, and as detailed in the administrative guidelines
adopted pursuant to this Chapter, a all permittees shall pay the City for City departmental
service charges incurred in connection with or due to the permittee' s activities under the
permit unless the event was City produGed or City GG prodUG8d.
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(b) City departments shall submit the final invoices and billings for department
charges to the permittee no later than ten working days after the expiration date of the
permit.
(c) A permittee who claims an inability to pay department service charges due to
indigency may have these charges waived in accordance with administrative regulations or
guidelines adopted pursuant to this Chapter. Application for indigent status shall be made
at the time of permit application and shall be accompanied by such relevant information
and documentation as may, in the opinion of the City Manager or designee, be reasonably
necessary to verify such status. For purposes of this Section 4.68.140, "indigent natural
person" means:
(1) A person who is receiving benefits pursuant to the Supplemental Security
Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to
12205, inclusive, of the California Welfare and Institutions Code), the California Work
Opportunity and Responsibility to Kids Act (CaIWORKs) program (Chapter 2, commencing
with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code),
the Food Stamp program (7 U.S.C. Sec. 2011 et seq.) or Section 17000 of the Welfare and
Institutions Code;
(2) A person whose monthly income is one hundred twenty -five percent or less
of the current monthly poverty line annually established by the Secretary of Health and
Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.
(d) An organization in which a majority of the members meet the criteria for
indigent status, as established in subsection (c) of this Section, may also be eligible for
waiver of department service charges.
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(e) No permittee shall be required to provide for or pay for the cost of public
safety personnel to provide for the protection of a community event and its attendees from
hostile members of the public or counter - demonstrations or for general law enforcement in
the vicinity of the event.
SECTION 9. Santa Monica Municipal Code Section 4.68.150 is hereby amended to
read as follows:
4.68.150 Parades, Marches, Processions. Walks. routes.
(a) Subject to the requirements of this Chapter, a community event permit may
be issued for a march, procession, walk, or parade in either one direction only on the
following streets:
(1) Ocean Avenue, between Adelaide Drive (northwest City limits) and Pica
Boulevard;
(2) Commencing on Ocean Avenue at the intersection of Adelaide Drive
(northwest City limits) and continue south on Ocean Avenue to the intersection of Colorado
Avenue, turning easterly on Colorado Avenue to the intersection of Main Street, turning
southerly on Main Street, ending at the intersection of Main Street and Pico Boulevard;
(3) Commencing on Main Street, north of the entrance to the Civic Auditorium
parking lot and continue south on Main Street to the intersection of Marine Street, turning
westerly on Marine Street to the intersection of Barnard Way, turning northerly on Barnard
Way to the South Beach parking lot where the parade will disband;
(4) Commencing on Main Street, north of the entrance to the. Civic Auditorium
parking lot and continue south on Main Street to the Santa Monica /Los Angeles border.
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(b) Minor adjustments to the routes established in subsection (a) of this Section
may be authorized by the Community Events Committee to the extent necessary to avoid
construction or other obstructions which would prevent the parade from proceeding on the
established route.
(c) Subject to all other applicable requirements of this Chapter, this Section
does not prohibit the issuance of a community event permit for marches or processions on
other streets so long as through and cross - traffic can be preserved and the safety of the
marchers can be maintained.
(d) Marches, parades, walks, and processions may not be conducted on streets
classified by the City as arterial streets between the hours of 7:00 a.m. to 9:00 a.m. and
4LO83:30 p.m. to 6:-98 7:00 p.m. on business days unless the march or procession is being
conducted to coincide with another event, not organized or planned by the permittee, which
is occurring on or adjacent to the arterial street upon which the march will be conducted.
SECTION 10. Santa Monica Municipal Code Section 160 is hereby amended to
read as follows:
4.68.160 Races .°.uns '.".arks Athletic Events.
The procedures and criteria for conducting races /runs/ -walks shall be as follows:
(a) There shall be two one ten - kilometer routes, two five - kilometer routes, and
one marathon route segment;
(1) The f+rst ten - kilometer route (10K Ocean Route) begins at Beach Park No. 1
(Barnard Way at Ocean Park Boulevard) and continues south to Barnard Way, follows the
bend to go east on Marine Street, north on Main Street, west on Colorado Avenue, north
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on Ocean Avenue, east on San Vicente Boulevard to 14th Street where participants will
turn around and go west on San Vicente Boulevard, south on Ocean Avenue to end at the
1500 block of Ocean Avenue (before the entrance to the Pier ramp).
(2) The second ten kilemeter route (I OK North City Route) begins at Seventh
Street and California A-venue, west Gn Galifornia Avenue te Ocean Avenue, RGrth on
Ooean Avenue to San Vicente 6Gulevard, east on San ViGente E396ilevard te Twenty
Street, south eR Twenty fif4h Street to Marguerita Avenue, west on Marguerita Aven,
FouFteenth Street, se th on Fou4eenth Street to Alt Avenue, west nn Alta Avcnu a to
Feurth Street, south on Fourth Street to California A-venue, east on California Avenu
Seventh otreez
Q(3) The first five - kilometer route (5K North City Route) begins at Seventh
Street and California Avenue, west on California Avenue to Ocean Avenue, north on
Ocean Avenue to San Vicente Boulevard, east on San Vicente Boulevard to Seventh
Street, south on Seventh Street to Georgina Avenue, west on Georgina Avenue to Fourth
Street, south on Fourth Street to California Avenue, east on California Avenue to Seventh
Street.
(x(43 The second five - kilometer route (5K Ocean Route) begins at Beach Park
No. 1 (Barnard Way at Ocean Park Boulevard) and continues south on Barnard Way,
follows the bend to go east on Marine Street, north on Main Street, west on Colorado
Avenue, north on Ocean Avenue to the 1000 block where participants will turn around and
continue south on Ocean Avenue to end at the 1500 block of Ocean Avenue (before the
entrance to the Pier ramp).
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(4)(5) The marathon route segment begins on San Vicente Boulevard at
Twenty -Sixth Street (the City limits) and continues west on San Vicente to Ocean Avenue
and south on Ocean Avenue to end at the 1500 block of Ocean Avenue (before the
entrance to the Pier ramp).
(b) 5K North City Route and 1014 NGrth City Route races may only occur on
Saturday mornings from seven - thirty a.m. until eleven a.m. There shall be no more than
one race per quarter each year. There shall also be a minimum of eight weeks between
each race.
(c) 5K Ocean Route and 10K Ocean Route races may only occur on Saturday
and Sunday mornings from seven - thirty a.m. until eleven a.m. There shall be no more than
two races between January 1 st and the weekend prior to Memorial Day weekend and no
more than two races between the weekend after Labor Day and the weekend before
Thanksgiving each year. There shall also be a minimum of eight weeks between each
race.
(d) The marathon route segment shall be limited to the completion of marathon
races that are regional in scope (involve a course that runs through multiple jurisdictions),
attract elite and international runners, receive extensive national and international media
exposure, and are undertaken by a marathon entity with the demonstrated capability to
organize and operate a large, successful marathon including sufficient funding to finance
the costs incurred in organizing and holding the marathon and sufficient staffing to ensure
its safe and efficient operation. Preference shall also be given to applicants proposing
recurring marathons traditionally or historically associated with a particular day or dates.
M,
The marathon may only occur on Sunday from six a.m. until six p.m. There shall only be
one marathon per year that utilizes the marathon route segment.
(e) No vehicular races shall be permitted.
(f) Events which include multiple modes of travel (e.g., walking, running and
bicycling) shall be permitted so long as the start times for different modes of travel are
staggered.
(g) Prior to the issuance of a community event permit, City staff shall determine
the specific portions or lanes of the roadway that may be used by the participants. This
determination shall be based on safety considerations and the preservation of access to
businesses and other scheduled activities along the route.
(h) In addition to the routes established by subsection (a) of this Section,
races /walks/runs may be permitted on other streets in the City so long as the majority of
the race /walk /run occurs outside of the City and that portion of the race /walk /run within the
City does not exceed one -half mile in length. Races permitted pursuant to this subsection
shall not be subject to the time /frequency requirements established in subsections (b) and
(c) of this Section.
SECTION 11. Santa Monica Municipal Code Section 4.68.190 is hereby amended
to read as follows:
4.68.190 Block par-tiesNeighborhood Street Events.
Requests for a permit to utilize a street for a residential block party er ether
o1i°^r neighborhood even shall be made by filing an application for a "Permit to Close a
Public Street' with the Transportation Engineering Group' lanagemen4 Dvi6dGn or the
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Community EveRtS Committee, if the event is othepNise subjeGt te review by
Mee. The applicant must be a resident living on or a business located on the street.
The applicant must include a petition in favor of the event signed by two- thirds of residents
and businesses on both sides of the street to be closed. Only a street classified by the City
in its Land Use and Circulation Element as a lesal "neiqhborhood" street may be utilized for
a block party
Requests for a permit to utilize a neighborhood street for a non - moving event that
will be widely - publicized and open to participants other than the residents of the street shall
be made by filing a Community Event Permit application with the Community Events Office
in addition to a Permit to Close a Public Street The applicant must be a resident living on
or a business located on the street and the applicant must include a petition in favor of the
event signed by two- thirds of residents and businesses on both sides of the street to be
closed..
No vending will be allowed. The application to utilize a neighborhood street will be
subject to such additional rules and regulations adopted by City staff to ensure that the
street closure will not be detrimental to the public health, safety, or welfare.
SECTION 12. Santa Monica Municipal Code Section 3.36.270 is hereby deleted in
its entirety as follows:
3.36.270 Running and other sporting events.
approval has been issued by the City of Santa Me i , ho is not a regist
or autherized partioipant in the ev8Rt shall partioipate in, obStFUGt, or be en the approved
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SECTION 13. Santa Monica Municipal Code Section 4.08.010 is hereby amended
to read as follows:
4.08.010 Beaches —Ball playing.
No person shall throw, bat, hit, strike or kick any ball of any kind within a distance
of three hundred feet from the mean high tide line of the Pacific Ocean in the City except in
such areas as may be designated by the Director of the Recreation Department who will
select such areas, install the necessary equipment at City expense and erect and maintain
thereon conspicuous signs indicating that the area is reserved exclusively for ball playing.
No person except the Director of the Recreation Department, as hereinabove,
shall erect courts, diamonds or areas for the playing of ball on the public beaches.
Permit.
This Section shall not apply to events authorized by a City Community Events
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SECTION 14. Santa Monica Municipal Code Section 4.55.100 is hereby amended
to read as follows:
4.55.100 Fire hazards.
all parks:
The following activities shall be deemed to be fire hazards and are prohibited in
(a) Making, kindling or using a fire, barbecue or portable stove, or burning
charcoal, except upon a masonry or concrete hearth, barbeque grills, orfire circle provided
by the City for such purpose. The prohibition contained in this subsection shall not applyto
City - produced events that receive a community event permit pursuant to Chapter 4.68
authorizing a fire, barbecue or portable stove or burning charcoal.
(b) Storing flammable materials or combustible waste matter, as those terms
are defined in the Uniform Fire Code, within ten feet of a building or structure, or beneath a
building or structure.
(c) Discarding any lighted match, cigarette, cigar, or other burning object in a
manner that could cause ignition of flammable materials or combustible waste matter.
(d) Undertaking any activity in a park which constitutes a violation of the Uniform
Fire Code as adopted at Section 8.40.010, or which constitutes an imminent and
immediate danger to persons or property in the judgment of authorized Fire Department
personnel.
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SECTION 15. 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;
C apter-6 44 (Reserve j
(c) Any vendor operating pursuant to or under the authority of an approved
license agreement;
buttons;
(d) Any approved participant in any community event authorized by the City;
(e) Any individual vending newspapers, leaflets, pamphlets, bumper stickers or
(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 16. 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
affect the provisions of this Ordinance.
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SECTION 17. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 18. 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 thirty
days after its adoption.
APPROVED AS TO FORM:
MApqSHA)qNES M TRIE