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sr-110811-7eSir City o City Council Report Santa Monica' City Council Meeting: November 8, 2011 Agenda Item: Z To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Proposed Ordinance Limiting Late Night Vending On Main Street Recommended Action Staff recommends that the City Council introduce for first reading the attached Ordinance amending Chapter 6.36 of the Santa Monica Municipal Code in order to restrict late night vending activities on Main Street. Executive Summary The Council has adopted various ordinances that regulate vending activities throughout the City. These regulations were adopted to protect the public health and safety, and to ensure safe pedestrian and vehicular traffic. In recent years, commercial vending activities from vehicles, particularly food trucks, have grown exponentially within the City. The impact of this increase in vending activities has been most acute on Main Street during late night hours, when food trucks operating near alcohol serving establishments attract large crowds of persons exiting Main Street bars during their closing hours. These large crowds create extreme congestion on the narrow sidewalks along Main Street, force pedestrians onto the roadway, and pose significant safety hazards to the public. In light of these weighty safety concerns, staff proposes this ordinance which would impose a narrow restriction prohibiting vending from vehicles on Main Street, between Ocean Park Boulevard and Marine Street, during the hours of 1:00 a.m. to 3:00 a.m. on Saturdays and Sundays. Background California law specifically authorizes local governments to adopt laws, in the interest of public safety, which regulate the time, place, and manner of vending from vehicles upon any street. See Government Code Section 22455. The legislative history , of Section 1 22455 lends furthers support to local regulation based on safety. Senator Calderon, author of Section 22455's latest amendments, indicated that while cities and counties have long had mobile vending regulations, those had been under fierce legal attack during the last decade. Section 22455 was amended into its current form to ensure that "cities and counties can enforce ordinances necessary to maintain the health and safety of patrons and streets alike." Senator Calderon's Report on AB2588 (most recent amendment to Section 22455). While courts have struck down local vending regulations which were adopted for reasons other than safety (e.g. protecting local businesses), no court has invalided any local vending ordinance that was specifically enacted to protect public safety. Consistent with Section 22455's grant of legislative authority and Santa Monica's constitutionally granted Charter City police powers, the Council has adopted various City wide vending regulations. See SMMC Chapter 6.36. These regulations were designed to protect public health and safety, and to ensure safe pedestrian and motorist traffic. These regulations establish location limitations (e.g. safe vending distance away from bus stops, intersections, other vendors, etc...), cleanup responsibilities, and noise standards. The City's Police Department ( "SMPD ") and Code Enforcement Division enforce these regulations. Recently, the Council has had several occasions to consider the impact of commercial vendors on the City's neighborhoods, streets and sidewalks. A January 7, 2010, Council Information Item provided information on local legal requirements for food trucks to congregate and vend from an off - street location (e.g. parking lots). On January 19, 2010, as Item 13K , the Council directed staff to examine options for authorizing food truck vending operations on private property and to propose a mechanism to allow these trucks to operate on a temporary basis, subject to operational conditions. During this test period, staff would assess the potential long -term impacts and determine if on -going operation was warranted. Furthermore, an August 11, 2010, Council Information Item outlined the existing Temporary Use Permit process as the K permit mechanism to authorize short -term off - street food vending operations. Finally, on June 21, 2011, the Council conducted a study session on the impacts of commercial vending on the City's neighborhoods, streets and sidewalks. At this study session, the Council directed staff to return with specific recommendations, especially in the area of protecting public safety. Discussion While Southern California has long enjoyed the presence of mobile vending trucks, which traditionally served remote business or construction sites, mobile vending activities have exponentially increased in recent years. Currently, approximately 150 vending trucks are licensed to operate in Santa Monica. In addition to this increase in truck volume, there have also been significant changes in the vending trucks' hours of operations. For instance, vending during late night hours has become increasingly prevalent. These changes have significantly impacted the area of Main Street between Ocean Park Boulevard and Marine Street. This area of Main Street contains a significant number of alcohol serving establishments (e.g. bars and nightclubs) which attract large numbers of patrons. Besides being an entertainment destination, Main Street is also a major north -south thoroughfare within the City, which often carries significant vehicular traffic. It contains very narrow sidewalks and virtually no parkways. Those narrow sidewalks support numerous improvements, including street trees, bike racks, newsracks, bus stop benches, and other street furniture. The alcohol serving establishments are significant draws for mobile vendors. Large numbers of vendors operate on Main Street between 1:00 a.m. and 3:00 a.m., in an effort to attract customers who are leaving the alcohol serving establishments. This phenomenon is particularly acute during Friday and Saturday evenings, when the Main Street alcohol serving establishments are often operating at maximum capacity. 3 As patrons, including intoxicated patrons, depart the alcohol serving establishments, they are attracted to the mobile vendors. This often creates huge crowds of persons, standing or sitting on the sidewalks and socializing while they eat, that spread throughout the streets and sidewalks along Main Street. This causes Main Street sidewalks to be virtually impassable and driveways to be blocked. Persons, intoxicated or otherwise, are forced to navigate off the sidewalks and enter the roadway in order to travel up and down Main Street. This creates significant dangers of collisions in the roadways, especially when intoxicated persons are involved. The significant crowds and the sheer size and number of the vending trucks also blocks visibility. These visual obstructions are problematic both for members of the public who cannot see into the street without leaving the sidewalk and for law enforcement personnel who cannot properly monitor, anticipate, and timey respond to developing emergencies. This also forces persons, including intoxicated persons, to cross into the middle of the street to hail public or private transportation; therefore, creating significant risks of traffic collisions. Moreover, persons who purchase eatables from such mobile vendors often consume them immediately afterwards. Due to the significant crowds and the narrow sidewalks on Main Street, persons often chose to sit on street curbs or even parking spaces to consume foods. Such persons, while sitting, are not easily seen by drivers of vehicles attempting to enter or exit their parking spaces and may be struck by such vehicles. In the past year, SMPD has deployed significant police resources to Main Street in an effort to educate the public and to protect public safety. However, even this heightened police presence has not diminished the significant public safety risks posed by the late night commercial vending on Main Street. These risks have been documented in police reports and videos recorded by City personnel. 12 Accordingly, staff brings this proposed ordinance to Council in an effort to address the above public safety hazards caused by late night commercial vending on Main Street. The proposed ordinance would prohibit vending from vehicles on Main Street, but only between Ocean Park Boulevard and Marine Street, and only during the hours of 1:00 a.m. to 3:00 a.m. on Saturdays and Sundays. This proposed ordinance is designed to protect the rights of the vendors by targeting only the time and place within the City where the health and safety dangers posed by commercial vending is the greatest. Thus, this proposed ordinance leaves open ample opportunities for vendors to vend both on Main Street, aside from the limited time restrictions, and in other areas throughout the City. If approved by Council, this Ordinance would become effective 30 days from its second reading. As has been the practice with other new City enforcement initiatives, including the No Smoking Ordinance, SMPD and Code Enforcement will implement the Ordinance gradually, first through issuance of advisories and warnings. If the warnings do not bring about compliance, SMPD and Code Enforcement staff can use the full panoply of administrative and criminal enforcement tools available to bring about compliance. Public Outreach Economic Development staff reports that it has notified the Main Street Business Improvement Association and the Southern California Mobile Food Vendors Association of this proposed ordinance. 5 Financial Impacts & Budget Actions There are no foreseeable financial impacts associated with the adoption of the proposed ordinance. Existing City staff will be utilized to enforce the requirements of this ordinance, should it be adopted by Council. Prepared by: Yibin Shen, Deputy City Attorney Approved: Forwarded to Council: Attachments: PROPOSED ORDINANCE [,I Rod Gould City Manager Council Meeting: 11 -08 -2011 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 6.36 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO LATE NIGHT VENDING ON MAIN STREET WHEREAS, the City consists of just eight square miles of coastal land which is home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and WHEREAS, the City's unusual density necessitates special efforts to preserve the free and safe flow of pedestrian, bicycle, and vehicular traffic; and WHEREAS, congestion is particularly problematic on Main Street, because it contains very narrow sidewalks, on street parallel parking, and virtually no parkways; and WHEREAS, the narrow sidewalks on Main Street support numerous improvements which enhance the pedestrian experience but also limit circulation, such as street trees, bike racks, newsracks, bus stop benches, and other street furniture; and WHEREAS, the City Council has determined that vending regulations are required to protect public health and safety and ensure safe pedestrian and vehicular traffic; and 1 WHEREAS, unregulated use of congested streets and sidewalks by vendors contributes to traffic congestion, impedes the orderly movement of pedestrian and vehicular traffic, and makes the streets and sidewalks unsafe for motorists, bicyclists, pedestrians, and vendors; and WHEREAS, public sidewalks are created and maintained for the primary purpose of enabling pedestrians to safely and efficiently move about from place to place; and WHEREAS, ensuring the unobstructed flow of pedestrian traffic on sidewalks promotes public safety by minimizing the risk that pedestrians will jostle one another, collide, trip, or fall, and ensuring that persons may move safely away from dangerous situations which may occur on or near public streets and sidewalks; and WHEREAS, ensuring the free flow of pedestrian traffic is particularly important to the safety of the elderly, the very young, the disabled, vision - impaired persons, and others who are less able to navigate through crowds and around obstacles or hazards and who are particularly jeopardized by having to navigate off and onto curbs when sidewalks are blocked; and WHEREAS, hindrances to the free flow of pedestrian traffic on sidewalks may interfere with the work of public safety personnel seeking immediate access to emergency situations and with other work vital to the public health and safety, such as cleaning and maintenance; and WHEREAS, in recent years, persons have begun conducting commercial vending, mainly food sales, from vehicles while parked adjacent to alcohol serving establishments (e.g., bars and nightclubs) on Main Street, well into the late night hours; and 2 WHEREAS, these late night vending activities attract large stationary crowds, including persons exiting from adjacent alcohol serving establishments who may be experiencing varying degrees of alcohol intoxication; and WHEREAS, persons intoxicated while in public are often unable to care for their own safety, are particularly accident - prone, and can endanger others; and WHEREAS, such large crowds have created extreme congestion on the narrow sidewalks along Main Street; and WHEREAS, such extreme sidewalk congestion coupled with the large size of the vending vehicles have forced persons, both sober and intoxicated, to leave the sidewalks and walk in the street, not only across, but also up and down Main Street, and to hail public or private transportation from within the street; and WHEREAS, these late night vending activities, coupled with a lack of seating facilities for sidewalk food consumption, have caused persons to sit on sidewalks, street curbs, and even parking spaces to consume foods; and WHEREAS, this proliferation of late night vending near alcohol serving establishments has created significant threats to public safety, and damages the public welfare; and WHEREAS, blockage of public sidewalks on Main Street during the late night hours poses serious safety hazards because pedestrians, especially intoxicated pedestrians, who cannot pass freely along the sidewalks frequently step into the street where they may be struck by vehicles or cause collisions between vehicles; and 3 WHEREAS, persons, especially intoxicated persons, crossing into the middle of streets to hail public or private transportation at night time, are exposed to significant danger of collision with vehicles; and WHEREAS, disease may be transmitted to persons sitting on sidewalks while eating because people or animals expectorate, urinate or defecate on sidewalks; and WHEREAS, persons sitting on curbs or parking spaces while consuming food at night time are not easily seen by drivers of vehicles attempting to enter or exit their parking spaces and may be struck by such vehicles; and WHEREAS, the City's streets and sidewalks are not intended, designed or maintained for dining without tables and chairs; and WHEREAS, maintaining public safety on Main Street during the late night hours presents special challenges to the City's public safety personnel, particularly in times of emergency, because of the very large crowds, narrow roadways, narrow sidewalks, limited ingress and egress, and fixed impediments to circulation; and WHEREAS, there are numerous other places within the City where vending from vehicles may safely take place during late night hours without unduly interfering with the flow of pedestrian or vehicular traffic, threatening public safety or harming the public welfare; and WHEREAS, California Vehicle Code Section 22455 specifically authorizes local authorities to adopt laws, in the interest of public safety, which regulate the time, place, and manner of vending from vehicles upon any street; and WHEREAS, the City Council hereby determines that it is necessary to exercise this authority as set forth in this ordinance in order to protect public safety; rd NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 6.36.095 of the Santa Monica Municipal Code is hereby added to read as follows: 6.36.095 Prohibition of late night vending on Main Street No person shall vend from vehicles, including unhitched trailers, on Main Street, between Ocean Park Boulevard and Marine Street, during the hours of 1:00 a.m. to 3:00 a.m. on Saturdays and Sundays. Section 2. Section 6.36.140 of the Santa Monica Municipal Code is hereby amended to read as follows: 6.36.140 Penalties. (a) Except as provided in subsection (b) of this Section, any person violating this Chapter shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty dollars per violation. (b) Any person violating Sections 6.36.040 or 6.36.095 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. 5 Section 3. 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 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: C^