O2047
f: \atty\m u n i\1 aws \barry\streetperformance032d -1 . wpd
City Council Meeting 7-9-02
Santa Monica, California
ORDINANCE NUMBER 2047 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 6.112.020,
6.112.030 6.112.040, 6.112.050, 6.112.060, 6.112.070, 6.116.010, 6.116.030,
6.116.060,6.116.070, 6.116.080, 6.36.140,3.12.370, AND 3.12.375,
AND DELETING SECTION 6.116.040 RELATING TO STREET
PERFORMANCE AND VENDING ON THE THIRD STREET PROMENADE,
THE TRANSIT MALL, AND THE PIER, INCLUDING SECTIONS
ON PERMITS, VISUAL ART, HANDCRAFTS, PERFORMANCE
STAGING/LOCATION, AND PENALTIES AND PROVISIONS GOVERNING
BLOCKING SIDEWALKS
WHEREAS, street performers and street vendors of communicative materials 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
WHEREAS, despite their value to the community, street performance and vending
of communicative materials occurring on crowded public thoroughfares can jeopardize
public safety and welfare by blocking traffic, impairing emergency ingress and egress,
creating unfair competition and adversely affecting aesthetics; and
WHEREAS, the City of Santa Monica has worked since the late 1980's to create
and refine street performance and street vending laws which recognize performers' and
street vendors' value to the community, respect constitutional rights, protect the free flow
of pedestrian traffic and the safety of residents, workers, and visitors in crowded public
places, shield local businesses from unfair competition, and preserve the aesthetic
qualities of public space; and
WHEREAS, the difficulty of striking and maintaining the best possible balance
between these 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, in order to address the needs and concerns of the City's residents,
performers, visitors, merchants, street vendors, and public safety personnel, the City has
undertaken major revisions to its performance and vending laws many times since they
were first adopted; 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 City consists of just eight square miles of coastal land which are
home to 90,000 residents, the job site of 300,000 workers, and a destination for as many
as 500,000 visitors on weekends and holidays; and
WHEREAS, the City's unusual density necessitates special efforts to preserve the
free and safe flow of both pedestrian and vehicular traffic, particularly in the City's bustling
downtown business district, its most crowded sector; and
2
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, the Promenade is a three-block-long portion of a public street which the
City has closed to all but emergency vehicular traffic and improved with plants, statuary,
fountains, and lighting to create an attractive, entertainment-oriented pedestrian mall in
order to revitalize the downtown business district; and
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, emergency vehicle access to the Promenade is by way of a narrow
single lane that runs down the center of the Promenade or by way of the narrow but heavily
utilized alleys behind the buildings which line the Promenade; and
WHEREAS, for purposes of preserving public safety in the event of an emergency,
the City's Fire Marshal has evaluated the Promenade as an "outdoor enclosure" and has
calculated the maximum occupancy load as approximately 5000 persons per block; and
WHEREAS, in recent years, the huge crowds attracted to the Promenade often
exceed this load capacity; and
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
3
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, the Transit Mall is located in the heart of downtown and is composed
of the wide sidewalks on Santa Monica Boulevard and Broadway from the east side of
Ocean Avenue to the west side of Fifth Street; and
WHEREAS, the key component of this improvement is the creation of a downtown
transit loop with transit priority lanes on the south side of Santa Monica Boulevard and on
the north side of Broadway; and
WHEREAS, as part of this improvement, the sidewalks have been widened to 19
feet on Santa Monica Boulevard and 12 to 19 feet on Broadway and new street furniture,
lighting, and landscaping has been installed; and
WHEREAS, the width of the sidewalks and the new installations have made the
Transit Mall has become another popular site for street performance; 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 Pier, the Promenade, and the
Transit Mall 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
4
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, increasing numbers of street performers and street vendors of
communicative materials seek to work in the City's popular downtown business district; and
WHEREAS, 446 street performers have obtained annual performance permits from
the City as of June 13, 2002; and
WHEREAS, the City issued approximately 840 performance permits in 2001; and
WHEREAS, the City has consistently issued more permits each yearthan it issued
the previous year; and
WHEREAS, unregulated street performance and street vending creates a safety
hazard by impeding or blocking the free flow of pedestrian traffic, by attracting large
stationery crowds which block passage, and by impairing access for safety personnel; and
WHEREAS, unregulated street performance and street vending creates particular
safety hazards for seniors, the disabled, young children, and others with limited mobility;
and
WHEREAS, in time of emergency, the hazard could be significant, particularly if it
became necessary to move emergency vehicles on and off the Pier or the Promenade or
to evacuate and close the Pier, the Promenade, or the Transit Mall; and
5
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
WHEREAS, it has become a common practice on the Promenade and the Pier for
performers to "queue up" for desirable performance spots placing their sound equipment,
props, instruments, merchandise, and other items on the public sidewalks for long periods
of time while they are not performing; and
WHEREAS, this practice creates safety hazards, impairs the free flow of pedestrian
traffic, impedes ingress and egress by safety personnel and safety equipment, and impairs
aesthetics; and
WHEREAS, present law allows the creation and sale oftangible art objects as street
performance but does not allow the creation and sale of crafts as street performance; and
WHEREAS, handcrafts are produced quickly and repetitively with little or no
individual variation and do not communicate an idea or concept; and
WHEREAS, the creation and sale of handcrafts in public space provides little or no
entertainment to the public, does not further the City's goals of supporting the arts and
facilitating the expression of ideas, competes unfairly with merchants who pay rent, and
adversely impacts the aesthetics of the downtown business district; and
WHEREAS, the City has experienced a substantial increase in the number of
individuals who apply for performance permits so that they can make and sell tangible art
objects or handcrafts in public spaces; and
6
WHEREAS, experience has shown that these applications are difficult to process
because the distinction between sculptures, which qualify as tangible art objects, and
crafts, which do not, can be difficult to make; and
WHEREAS, guidelines have been issued to assist Business License personnel in
distinguishing between the creation of tangible art objects and crafts but difficulties persist
and experience shows that further clarification is necessary; and
WHEREAS, violations of the City's Vending Ordinance are classified as infractions
and
WHEREAS, based on the experience of police personnel, in many instances,
issuing citations for infractions for illegal vending is unavailing because the vendor may
simply opt to receive multiple citations and continue vending rather than comply with the
law; and
WHEREAS, the failure to comply with restrictions designed to preserve public safety
may have serious and even dire consequences to residents, workers, visitors, and
performers, particularly in times of emergency; and
WHEREAS, permitting police personnel to handle certain violations of the Vending
Ordinance as either misdemeanors or infractions would enhance public safety by giving
safety personnel the ability to stop the illegal vending and thereby keep the public
thoroughfare unobstructed; and
WHEREAS, in orderto protect public safety, street performance and street vending
must be regulated to ensure the orderly flow of pedestrian and vehicular traffic and ready
access for emergency personnel to public spaces; and
7
WHEREAS, the provisions of this ordinance will effectuate the City's declared
policies of protecting and enhancing the appearance and appeal of the City's most popular
public spaces, supporting the arts and maintaining the public safety, health and welfare,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
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
8
variation, and often have functional utility apart from any communicative
value they might have. Handcrafts do not include visual art.
(c) Performer. An individual who performs in a public area, for the
purpose of providing public entertainment.
(d) Perform. To engage in a performance including, but not limited
to, the following activities: playing musical instruments, singing, dancing,
acting, pantomiming, puppeteering, juggling, reciting, or creating visual art
in its entirety. "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.
(e) Public Areas. Sidewalks, parkways, playgrounds and all other
public spaces located in the City.
(f) 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
9
Performance area The boundaries of each of these performance areas are
delineated in Exhibit A to Resolution Number 9704 (CCS).
(g) Sculpture. A three dimensional work of art which is created
through shaping solid material such as wood, stone, clay or metal by carving,
modeling, or similar methods,
(h) Third Street Promenade. Third Street between the southeasterly
line of Wilshire Boulevard and the northwesterly line of Arizona Avenue, and
between the southeasterly line of Arizona Avenue and the northwesterly line
of Santa Monica Boulevard and between the southeasterly line of Santa
Monica Boulevard and the northwesterly line of Broadway.
(i) Transit Mall. The sidewalks on Santa Monica Boulevard and
Broadway from the east side of Ocean Avenue to the west side of Fifth
Street.
U) Visual Art. Drawings and paintings, applied to paper, cardboard,
canvas, or other similar medium through the use of brush, pastel, crayon,
pencil, or other similar object, and sculptures.
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:
10
Within ten feet of any bus stop.
Within ten feet of any street corner or a marked pedestrian
crosswalk.
Within ten feet of the outer edge of any entrance of any
business, including, but not limited to, 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 personscl\1aving or conducting
lawful business within those premises,
(b) No person may perform on the Third Street Promenade, the Pier,
the Transit Mall, or any public sidewalk without first obtaining a performance
permit issued by the City pursuant to Section 6.112.040.
A performer may not block or obstruct the free and safe
movement of pedestrians. If a sufficient crowd gathers to observe a
performer such that the passage of the public through a public area is
blocked or obstructed, a police officer or fire 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, but shall not prevent the performer
from occupying another location in compliance with this Chapter.
(d) A performer who performs for a charge shall obtain a business
license and be subject to all applicable provisions of Chapter 6.36. A
performer who performs without charge shall not be required to obtain a
11
vendor permit pursuant to Chapter 6.36 or a business license pursuant to
Chapter 6.04.
No performer shall construct, erect, or maintain any stage,
platform, or similar structure for use during any performance.
(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.
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.
U) 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/her possession at the time of the performance.
12
No performer shall place any object on a public sidewalk which
causes less than a four 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 or remove at one time.
No performer shall place his/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) No performer shall leave his/her instruments, props, equipment,
merchandise, or other items unattended,
(0) No performer shall perform in contravention of the allowable noise
levels established by Chapter 4.12 and Chapter 6.116 of this Code.
(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,
13
(2) If the holiday precedes a weekend, then the holiday shall be
treated as if it were Saturday and the preceding day shall be treated as if it
were Friday.
(3) If the holiday occurs during midweek, and is surrounded by
workdays, then the holiday shall be treated as if it were Sunday and the day
preceding the holiday shall be treated as if it were Friday.
The following is a list of holidays which trigger the application of this
subsection: New Year's Day, President's Day, Memorial Day, Independence
Day, Columbus Day, Labor Day, Veterans Day, Thanksgiving 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 6.112.040 is hereby amended
to read as follows:
14
6.112.040 Performance permit.
To receive a performance permit, a person must complete and
file with the City a performance permit application on a form approved by the
City. The applicant must provide the following information:
The applicant's name;
The applicant's address;
Proof of the identity of the applicant. This identification must
contain a photograph of the applicant. Acceptable forms of identifications
shall include, but not be limited to, a driver's license, student identification
card, or passport;
A detailed description of the nature of the act to be performed;
A description of any instrument(s) or prop(s) which will be used
by the performer(s);
A minor under the age of sixteen shall provide a copy of an
entertainment work permit issued to the minor by the Department of
Industrial Relations of the State of California and shall identify the
responsible adult(s) who will be with the minor at all times that the minor is
performing;
The performance permit will be issued annually commencing on
January 1 st of each calendar year;
Upon receipt of a written application for a performance permit,
a performance permit shall be approved within three business days of thei
15
filing of a fully completed application, unless one of the following findings is
made:
The applicant has knowingly made a false, misleading, or
fraudulent statement of fact to the City in the application process;
The application does not contain the information required by this
Chapter;
The applicant has not satisfied the requirements of this Chapter.
In addition to requiring compliance with all provisions of this
Chapter, the City may condition the approval of a performance permit on the
applicant's compliance with other provisions of the City's Municipal Code
which are applicable to the performance.
The City may revoke or suspend a performance permit upon the
commission of the second violation of this Chapter or of permit conditions
within a six-month period. In any such case, the permit holder shall have the
right to appeal from a decision of the City to revoke or suspend any permit
in accordance with Chapter 6.16 of this Code. If the performance permit of
any performer is revoked, no new permit shall be issued to the performer
within six months after the date of such revocation. If the performance
permit of any performer is suspended, no new permit shall be issued during
the period of suspension. The City shall establish administrative guidelines
to assist in the implementation of this Section.
(f) No application for a performance permit or the renewal thereof
shall be accepted unless the application is accompanied by a payment of a
16
nonrefundable annual fee in an amount to be set by resolution adopted by
the City Council.
The performance permit shall not be assignable or transferable
and shall contain the permit number of the applicant and the year in which
the permit expires. Each performer in a group shall obtain his/her own
separate performance permit.
A replacement performance permit may be obtained upon
payment of a nonrefundable fee in an amount to be set by resolution
adopted by the City Council.
(i) A performer shall clearly display his or her permit while
performing, and shall allow inspection of the permit by any City police or fire
official on request.
0) A performer shall also have a picture identification of him or
herself in his or her possession at all times while performing. Law
enforcement personnel must have a reasonable suspicion that this Chapter
is being violated, excluding a violation of this subsection 0), before requiring
a performer to show identification.
(k) The City Council may by resolution adjust the noise limitations
established in this Chapter during public holidays.
(I) When an applicant requests a performance permit application, the
City shall also give the applicant a document which summarizes the rules
and regulations concerning street performances in the City. This document
may be, but is not required to be, a copy of this Chapter.
7
SECTION 4. Santa Monica Municipal Code Section 6.112.050 is hereby amended
to read as follows:
Section 6.112.050 Special regulations for Third Street Promenade
And Transit Mall,
In addition to the requirements of Sections 6.112.030 and 6.112.040,
no performer shall perform in the Third Street Promenade orthe Transit Mall
outside of an enclosed building in violation of the following requirements:
(a) Except as provided in subsection (q) of Section 6.112.030, no
performer shall perform except during the following time periods:
(1) Nine a.m. to eleven p.m. daily.
(2) Eleven p.m. on Friday and Saturday to one-thirty a.m. of the
following day.
(b) No performer shall perform within sixty feet of any special event
authorized by the City unless the special event encompasses one or more
City blocks in which case the performance shall be conducted according to
any administrative guidelines which shall be adopted by the City,
(c) No performer shall:
(1) Perform 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 two hours in any six hour period. The time required
to set up and to remove any instruments, props, equipment, or other items
18
shall be considered part of the performance for purposes of this subdivision
and subdivision (2) of this subsection (c).
(2) Perform on the Third Street Promenade on an even hour at the
same location that he/she was performing on the preceding even hour, or
within one hundred twenty feet of that location as measured in a north/south
direction,
(3) Perform 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 two hours in any six hour period. The time required to set up
and to remove any instruments, props, equipment, or other items shall be
considered part of the performance for purposes of this subdivision and
subdivision (4) of this subsection (c).
(4) Perform on the Transit Mall on an even hour at the same location
that he/she was performing on the preceding even hour, or within one
hundred twenty feet of that location as measured in an east/west direction.
(5) Perform 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 performance.
(6) Perform on the Transit Mall at a distance greater than five feet
from the outer wall of any building or any permanent extension ofthe building
such as a planter box.
19
SECTION 5. Santa Monica Municipal Code Section 6.112.060 is hereby amended
to read as follows:
Section 6.112.060 Special regulations for the Pier.
In addition to the requirements of Sections 6.112.030 and 6.112.040,
no performer shall perform on the Pier outside of an enclosed building in
violation of the following requirements:
(a) Except as provided in subsection (d) of this Section and
subsection (q) of Section 6.112.030, no performer shall perform except
during the following time periods:
(1) Eight a.m. to eleven p.m. Monday through Thursday.
(2) Eight a.m. on Friday to one a.m. the following Saturday.
(3) Nine a.m. on Saturday and Sunday to one a.m. of the following
day.
(b) No performer shall perform within sixty feet of any special event
authorized by the City.
(c) No performer shall:
(1) Perform after 4:00 p.m. at the same location that he/she was
performing prior to 4:00 p.m. or within one hundred fifty feet of that location.
(2) Perform within fifty feet of any other performance or any vendor
when performing in the General Performance Area.
20
(3) Perform at a distance greater than ten feet from the north railing
of the Pier when performing in the Center Performance Area.
(4) Perform at a distance greater than ten feet from the north or south
railings of the Pier when performing in the Breezeway Performance Area
(5) Perform at a distance greater than seven and one-half feet in
either an east or west lateral direction from one of the stars that the City has
painted on the Pier surface to effectuate the spacing requirements of this
Section and to ensure that the maximum number of performance locations
are provided consistent with spacing requirements,
(d) Notwithstanding subsection (a) this Section, no performer shall
perform in the General Performance Area, which is adjacent to the Carousel
Building, except during the following time periods:
(1) Eight a.m. to ten p.m. Monday through Thursday.
(2) Eight a.m. to twelve a.m. (midnight) on Friday.:.
(3) Nine a.m. to twelve a.m. (midnight) on Saturday.
(4) Nine a.m. to ten p.m. on Sunday.
SECTION 6. Santa Monica Municipal Code Section 6.112.070 is hereby amended
to read as follows:
21
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 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(c)(5), or6.112.060(c)(2)
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.
(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.
SECTION 7. Santa Monica Municipal Code Section 6.116.010 is hereby amended
to read as follows:
22
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 shall place
any object or device on the Third Street Promenade, the Transit Mall, or the
Pierfordisplaying or distributing goods, written materials, merchandise, food,
or any other items except 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,
(4) At least ten feet from any street corner or a marked pedestrian crosswalk,
(5) So that at least a four-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.
23
(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.
(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 subsection (d) of this Section, 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.
(d) No person shall utilize sandwich board signs ("A" frames),
canopies, umbrellas, tents, and similar coverings unless such use is
authorized by a street use permit, license, or other City-issued authorization.
24
(e) The table, cart, and all of the person's other items shall be capable
of being transported or removed at one time.
(f) Any person vending pursuant to Section 6.36.030(g) 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 8. Santa Monica Municipal Code Section 6.116.030 is hereby amended
to read as follows:
6.116.030. Allowable noise levels on Promenade.
The following maximum noise level (Lmax) shall apply on the
Third Street promenade during the times indicates:
Time
Mon-Fri
Mon-Thurs
Friday
Saturday
Sunday
Sat/Sun
9 a.m.-7:00 p.m.
7 p.m.-10:30 p.m.
7 p.m.-midnight
9 a.m.-midnight
9 a.m.-1 0:30 p.m.
12:01 a.m.-1 :30 a.m.
Maximum Noise
Level (Lmax)
75dBA*/ 97 dBA**
85 dBA*/107 dBA**
85 dBA*/107 dBA**
85 dBA*/107 dBA**
85 dBA*/107 dBA**
65 dBA*/87dBA**
*When measured at a minimum distance of 25 feet from the person causing
the noise violation.
**When measured at a minimum distance of one foot from the person
causing the noise violation.
25
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 shall create any noise, or allow the creation of any
noise on the Third Street Promenade 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.
SECTION 9. Santa Monica Municipal Code Section 6.116.060 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(g) and
6.36.030(h) 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 a two-hour period in any six-hour period. The time
required to set up and to remove equipment and material for vending shall
26
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 even 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 a two-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 even 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.
(f) Vend those items authorized by Section 6.36.030 (h) 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 on the table or cart at anyone time.
All other requirements specified in Section 6.116.010 shall apply except that
27
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.
(g) Vend on the Transit Mall at a distance greater than five feet from
the outer wall of any building or any permanent extension of the building
such as a planter box.
SECTION 10. Santa Monica Municipal Code Section 6.116.070 is hereby amended
to read as follows:
Section 6.116.070 Special regulations for vendors on the Pier.
No person authorized to vend pursuant to Section 6.36.030(g) and
6.36.030(h) may on the Pier:
(a) Vend within fifty feet of any other vendor or performer when
performing in the General Performance Area.
(b) Vend after 4:00 p.m. at the same location that he/she was vending
prior to 4:00 p.m. or within one hundred fifty feet of that location.
(c) Vend those items authorized by Section 6.36.030 (h) 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 on the table or cart at anyone time.
All other requirements specified in Section 6.116.010 shall apply except that
28
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.
(d) Vend at a distance greater than ten feet from the north railing on
the Pier when located in the Center Performance Area.
(e) Vend at a distance greater than ten feet from the north or south
railings of the Pier when located in the Breezeway Performance Area.
(f) Vend at a distance greater than seven and one-half feet in either
an east or west lateral direction from one of the stars that the City has
painted on the Pier surface to effectuate the spacing requirements of this
Section.
SECTION 11. Santa Monica Municipal Code Section 6.116.080 is hereby amended
to read as follows:
6.116.080 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 not exceeding two hundred fifty dollars per violation.
(b) Any person violating Sections 6.116.010(a)(1), 6.116.010(b),
6.116.01 O(c), 6.116.01 O(d), 6.116.060(f) or 6.116.070(c) shall be guilty of an
29
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.
SECTION 12. Santa Monica Municipal Code Section 6.36.140 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 Section 6.36.040 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.
SECTION 13. Santa Monica Municipal Code Section 3.12.370 is hereby amended
to read as follows:
30
3.12.370 Leaving or placing property or materials on sidewalks
and streets,
No person shall leave any property, material, or other item
unattended upon any public sidewalk, street, or right-of-way for a longer
period of time than ten minutes or place any property, material, or other item
upon any public sidewalk so that less than a four-foot contiguous sidewalk
width is kept clear for pedestrian passage at all times.
SECTION 14. Santa Monica Municipal Code Section 3.12.375 is hereby amended
to read as follows:
Section 3.12.375 Sidewalk obstruction.
No person shall place any device on a public sidewalk for displaying
or distributing goods, written materials, merchandise, food, or any other item
except a portable table or cart which is utilized in accordance with the
following criteria:
(a) The table or cart shall be located:
(1) At least ten feet from the outer edge of any entrance of any
business, including, but not limited to 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 on those premises;
31
(2) At least ten feet from any bus stop;
(3) At least ten feet from any street corner or a marked pedestrian
crosswalk;
(4) So that a curb cut is not blocked or obstructed
(b) The table or cart shall not be larger than four feet in width by four
feet in length by three feet in height.
(c) 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. Two chairs may be
also be utilized. The chairs may be placed behind or next to (but not in front
of) the table or cart.
32
(d) No person shall utilize sandwich board signs ("A" frames),
canopies, freestanding umbrellas, tents, and similar coverings unless such
use is authorized by a street use permit, license, or other City-issued
authorization.
(e) The table, cart, and all the person's other items shall be capable
of being transported or removed at one time.
(f) This Section shall not apply to vendors regulated by Chapter 6.36.
SECTION 15. Santa Monica Municipal Code Section 6.116.040 is hereby deleted
in its entirety.
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
effect the provisions of this Ordinance.
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
33
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 30
days from its adoption,
APPROVED AS TO FORM:
~
MARSHA JON
City Attorney
34
)
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2047 (CCS) had it's introduction on June 25,2002, and was
adopted at the Santa Monica City Council meeting on July 9, 2002, by the following
vote:
Ayes:
Council members:
O'Connor, Bloom, Genser, Mayor Pro Tem
McKeown
Noes:
Council members:
Mayor Feinstein
Abstain: Council members:
None
Absent: Council members:
Holbrook, Katz
ATTEST:
~~-~~-~
Maria M. Stewart, City Clerk