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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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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^