O2744
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City Council Meeting: April 25, 2023 Santa Monica, California
ORDINANCE NUMBER 2744 (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 4.68 TO
ALLOW FOR “OPEN STREET” COMMUNITY EVENTS TO PROMOTE PUBLIC
SAFETY AND WELFARE
WHEREAS, on May 8, 2001, the City Council adopted Ordinance No. 2008 (CCS),
adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events 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, and to prohibit illegal activities from occurring at community
events, and to protect the rights of community event permit holders; and
WHEREAS, the Community Events Law is designed to protect the right of people
to engage in expressive activities in the City’s public places and establishes the least
restrictive and reasonable time, place, and manner regulations of these activities; and
WHEREAS, the Community Events Law has been amended and refined on
several occasions to ensure 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 City’s Community Events Law has been in place for over two
decades and has been highly successful in establishing a coordinated process for
community events, thereby ensuring the health and safety of event patrons, residents,
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workers, and other visitors and protecting the rights of community event permit holders;
and
WHEREAS, California Vehicle Code Section 21101(e) authorizes local authorities,
for those highways under their jurisdiction, to adopt rules and regulations by ordinance or
resolution to temporarily close a portion of any street for celebrations, parades, local
special events, and other purposes when, in the opinion of local authorities having
jurisdiction or a public officer or employee that the local authority designates, the closing
is necessary for the safety and protection of persons who are to use that portion of the
street during the temporary closing; and
WHEREAS, with the recent lifting of State and local States of Emergency due to
COVID-19, the City anticipates several organizations will seek community event permits
to host events in the coming months; and
WHEREAS, community events are a vital part of the City’s continued economic
recovery following the COVID-19 pandemic, and the proposed changes to the Community
Events Law will allow for such events to occur in a way that is safe for organizers and
participants, and which minimizes disruption to neighboring businesses and residents,
while allowing continued provision of emergency and other municipal services; and
WHEREAS, the Community Events Law does not currently have a mechanism to
allow “open street” events to safely occur in the roadway; and
WHEREAS, the City Council hereby finds that: the amendment to the Santa
Monica Municipal Chapter 4.68 implemented by this Emergency Ordinance is
immediately necessary as an emergency measure in order to preserve the public health,
safety, and welfare of parade participants, spectators, and visitors by ensuring the safe
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closure of streets for festivals and events which are vital to the continued economic
recovery of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.68 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Chapter 4.68 COMMUNITY EVENTS
4.68.010 Purpose.
It is the purpose of this Chapter to establish a process for permitting Community
Events to use City streets, parks, open space, facilities or services in accordance with the
community event policy established by the City Council on June 27, 2000. The City
recognizes the substantial community benefits that may result from Community Events.
They can provide cultural enrichment, promote economic vitality and enhance community
identity. They may also provide funding opportunities for service organizations. The
purpose of this Chapter is to provide 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 the Community Events, and to protect
the rights of Community Event permit holders. It is also the intent of the Council to protect
the rights of people to engage in expressive activities in the City’s public places and to
establish the least restrictive and reasonable time, place and manner regulation of these
activities. It is further intended to create mechanisms for cost recovery and use charges,
to the extent authorized by law, while not unduly impacting the viability of events.
4.68.020 Community Events Committee - Membership.
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There is hereby created a Community Events Committee to carry out the
provisions of this Chapter. This Committee is comprised of representatives of City
departments, including, but not limited, to the following departments: Transportation,
City Manager’s Office, Community Services, Public Works, Finance, Fire,
Community Development, and Police. 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 Services
Director.
4.68.030 Powers of the Community Events Committee.
The Community Events Committee shall have the power to:
(a) Administer and apply this Chapter;
(b) Represent the City, under the authority of the City Manager, in discussions
and in establishing agreements with the person(s) who represent the event;
(c) Coordinate with City departments and with other governmental agencies for
the provision of governmental services for such Community Events;
(d) Establish the terms and conditions, appropriate fees, and the time(s), place
and manner of the event consistent with this Chapter, any implementing
regulations/guidelines, and other provisions of the Municipal Code applicable to the event.
4.68.040 Permit required.
(a) Definitions. The following terms as used in this Chapter have the following
meanings:
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(1) “Block Party” means a festive gathering primarily intended for the
residents and businesses located on a street and their invitees, on a street
classified as a “Neighborhood Street,” “Avenue:Industrial,” or “Shared Street” in
the City’s Land Use and Circulation Element (LUCE), which requires the closure
of a street, or a portion thereof, to vehicular traffic, and the use of the street for the
festivity.
(2) “Community Event” means any of the following:
(A) Any organized formation, procession, or assembly of persons,
animals, vehicles, or any combination thereof, that assembles or travels in
unison for any purpose, on any sidewalk, street, pedestrian path, alley, or
other public right of way that either: (1) is likely to impede, obstruct, impair
or interfere with free use of a public street, highway, alley, sidewalk, or
pedestrian path; or (2) does not comply with normal or usual traffic
regulations or controls.
(B) Any event on City owned, controlled, or maintained property,
involving 150 or more persons, or involving 75 or more persons on the
Santa Monica Third Street Promenade.
(C) An event on City owned, controlled, or maintained 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) An Open Street Event as defined in this Section.
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(E) Examples of Community Events may include, but are not
limited to, concerts, parades, circuses, fairs, festivals, street fairs, athletic
events, open street events, protests, counter-protests, demonstrations,
rallies, and community celebrations.
(3) “Expressive Activity” means conduct, the sole or principal object of
which is the expression, dissemination, or communication by verbal, visual,
literary, or auditory means of opinions, views, or ideas protected by the First
Amendment of the United States Constitution and Article I of the California
Constitution.
(4) “Open Street Event” means a Community Event requiring the closure
of a street, or portion thereof, to vehicular traffic, and the use of the closed street
for the event, including but not limited to, celebrations, street fairs, charitable
events, ceremonies, events where a group of persons convene to promote
walking, biking, or rolling, and other similar events, but excluding parades, athletic
events, and block parties.
(5) “Spontaneous Event” means an event that is occasioned by news
or affairs coming into public knowledge less than forty-eight hours prior to such
event. Events that require advance planning, such as recreation events,
competitions, contests, spectator sports, fairs, festivals, carnivals, ticketed events,
sales or trade shows, or events that require a permit from Building and Safety or
the Fire Department for the placement of structures shall not be considered
spontaneous events.
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(b) Permit required. Except as otherwise provided by this Chapter or any 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 obtained from the Community Event
Committee for all Community Events.
(c) Exceptions. The following events do not require a Community Event Permit:
(1) Community events that occur on a public sidewalk or pedestrian path
and is anticipated to have 500 or fewer participants, and all participants (i)
assemble, march or walk in groups of less than 50, two abreast, and give way to
others they encounter on the public sidewalk or pedestrian path, (ii) do not obstruct
traffic flow; (iii) obey all traffic regulations; and (iv) obey all applicable park
regulations.
(A) For any Community Event under this subsection (c)(1) where
it is reasonably anticipated or for which the organizer becomes aware the
number of participants will exceed 150 individuals, the organizer shall
endeavor to provide notice to the Chief of Police at least 48 hours in
advance of the activity, or as soon as the organizer becomes aware the
event may exceed 150 people.
(B) Any event otherwise exempt from obtaining a Community
Event permit under Subsection (c)(1) may be terminated and participants
ordered to disperse by the Chief of Police if, after warning the participants
and providing them with an opportunity to comply, participants are not in
compliance with the regulations set forth in Subsection (c)(1).
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(2) Block Parties, so long as they comply with the provisions of Section
4.68.190, below.
(3) Community Events at the following City facilities:
(A) Facilities 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.
(B) The Woodlawn Cemetery for funerals and Memorial Day
services.
(4) Community Events that occur on school grounds and other property
owned by the Santa Monica-Malibu Unified School District and the Santa Monica
College.
(5) Spontaneous Events may be conducted on the lawn of City Hall
without organizers first having to obtain a Community Event Permit. If practicable,
the organizers should give notice to the City’s Community Services Director 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.
4.68.050 Application.
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(a) To receive a Community Event permit, a person must complete and file a
Community Event application with the Community Event Committee, or a designated
representative, on a form approved by the City. The applicant must provide the following
information:
(1) A description of the proposed Community Event;
(2) The street or other public property and the specific area or areas
thereof which will be utilized in connection with the proposed Community Event;
(3) The manner in which the public property will be utilized;
(4) The date or dates and the specific times thereof, including set-up and
tear-down, that the public property is to be utilized for the described Community
Event;
(5) The name, address and telephone number of the person, entity or
organization sponsoring or conducting the proposed Community Event;
(6) The name, address, email address, and telephone number of the
person or persons to be contacted regarding the application or permit;
(7) A Zero Waste Plan; and
(8) Such other information as the City may require via administrative
regulation.
(b) For Open Street Events, the application shall be reviewed in two phases:
Preliminary conceptual approval, and then final approval upon submission of all
requirements in this Section. The applicant shall submit the following:
(1) For preliminary approval by the City:
(A) Everything required in subsection (a), above.
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(B) A site plan with a description of the location of the right of way
requested to be closed and its association with the event, including maps
and/or drawings which identify the streets that would be affected, describing
the scope and design of the event, including illustrations of the location of
the following, as applicable: staging, food booths, generators, portable
toilets, trash/compost/recycling bins, seating, and bike valet operations, and
including a diagram of an emergency access plan with a minimum
unobstructed width of 20 feet and vertical clearance of at least 13.5 feet,
and accommodation for accessibility needs.
(C) Presence of amplified sound or alcohol in the right of way, and
list of equipment that will be placed in the right of way.
(D) Evidence that the applicant owns, leases, or rents property
within the proposed closure area, or a signed letter of co-sponsorship from
someone who meets those criteria.
(E) A transportation management plan to minimize the parking
and traffic impacts of event attendees that promotes transit and active
modes of transportation to/from the event.
(2) Once the applicant receives preliminary approval, the following shall
be submitted to complete the application:
(A) A petition indicating the occupants of at least 51 percent of
residences and businesses within the closure area have no objection to and
support the closure. For residential properties impacted by the closure, the
petition must be signed by the resident(s). For commercial properties, the
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petition must be signed by the owner, manager, assistant manager, or
property manager of the business impacted by the closure. The petition
must include the event name, date, time, location, and contact information
of the event organizer. In the alternative, an applicant may elect to satisfy
this requirement by providing a letter of support for the event from the
business improvement district or neighborhood association associated with
the proposed closure area.
(B) A temporary traffic control plan showing the necessary
controls, including but not limited to signage and barricades required to
safely close the right of way and detour traffic, and indication of bus and
transit stops along the proposed closure area. Permit holders are
responsible for procuring and placing all traffic control devices and
temporary parking signs.
(C) Copies of all other permits required to be issued from the City
or any other external organization, including but not limited to the County of
Los Angeles and the State of California, and divisions thereof. If such
permits have not yet been obtained, the applicant shall submit a copy of any
relevant application and a projected timeline for approval.
(c) The Community Event Committee may refer the application to such City
departments or personnel as the Committee deems necessary from the nature of the
application for review, evaluation, investigation and recommendations regarding approval
or disapproval of the application.
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(d) An application must be submitted and reviewed in accordance with the time
limits established in administrative regulations and guidelines established pursuant to
Section 4.68.200.
4.68.060 Review process.
Subject also to Section 4.68.070, the Community Events Committee shall
issue a Community Event 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.
(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.
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(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 animals on the beaches and will
not include animals in parks except on leashes.
(g) A transportation management 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.
In deciding whether to approve an application, no consideration may be 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.
4.68.070 Denial/revocation of permit
The Community Events Committee shall deny an application for a
Community Event 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;
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(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;
(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.
4.68.080 Permit fees.
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(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 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 (CalWORKs) 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. Section 2011 et seq.) or Section 17000 of
the Welfare and Institutions Code;
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(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 sponsored, 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.
4.68.090 Appeals.
Any applicant aggrieved by an adverse decision under
Section 4.68.060 or 4.68.070 may appeal such decision to the Director of
Community Services by filing a written notice of such appeal with the Committee
within five business days of the decision. The Director 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 working days. The Director’s decision
shall be final except for judicial review.
4.68.100 Interference with Community Event prohibited.
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It shall be unlawful for any person to interfere with a Community Event
permitted under this Chapter by engaging in the following acts when done with the
intent to cause interference:
(a) Blocking, obstructing, or impeding the passage of participants, vehicles,
or animals in the Community Event along the Community Event route;
(b) Walking or running, driving a vehicle, riding a bicycle or skateboard, or
using any similar device through, between, with, or among participants, vehicles,
or animals in the Community Event;
(c) Dropping, throwing, rolling, or flying any object toward, among, or
between participants, vehicles, or animals in a Community Event;
(d) Grabbing at, taking hold of, hitting, pulling, or pushing any participant,
vehicle, or animal in the Community Event or anything in the possession of any
participant in the Community Event;
(e) Throwing, squirting, dumping, or dropping any liquid or gaseous
substance on, toward, among, or between participants, vehicles, or animals in the
Community Event;
(f) Vending or offering for sale any food or merchandise from the roadway,
curb to curb, of a Community Event route during the hours the Community Event
route is closed to normal motor vehicle traffic without first having obtained the
written permission of the person holding the permit for the Community Event, in
addition to any permits and/or licenses required for such activity by the City or any
other governmental entity.
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(g) Engaging in a street performance in violation of the distance
restrictions set forth in Section 6.112 of this code.
4.68.110 Hold harmless.
Each permittee shall execute a hold harmless agreement in a form approved
by the City agreeing to defend, indemnify, and hold harmless the City against
losses and liabilities incurred from the conduct of the permittee or its officers,
employees, and agents.
4.68.120 Insurance requirements.
(a) Except as otherwise prohibited by law or an exemption is obtained as
provided by this Chapter and the implementing regulations, the permittee shall
procure and maintain in full force and effect during the term of the permit a policy of
insurance from a reliable insurance company authorized to do business in the State,
which policy includes the City, its boards, officers, agents, employees, and
volunteers as named insureds or additional named insureds and which provides the
coverage that the Risk Manager determines to be necessary and adequate under
the circumstances. Proof of insurance shall be submitted to the City prior to issuance
of the permit and maintenance of this insurance shall be a condition of the permit.
(b) If the Risk Manager determines that a particular use, event, or activity
which is for a permit period of no more than one day does not present a substantial
or significant public liability or property damage exposure for the City or its officers,
agents, employees, or volunteers, the Risk Manager may give a written waiver of
the insurance requirements of this Section.
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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, the 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 oriented to the extent
possible. The logo of tobacco sponsors shall be prohibited.
Directional signs for walks, races, and Open Street Events 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, placed without obstructing or
obscuring other signage or traffic control devices, 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.
4.68.140 Departmental service charge.
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(a) In addition to the payment of any applicable non-refundable permit
application fee and administrative fee, and as detailed in the administrative
guidelines adopted pursuant to this Chapter, 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.
(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 (CalWORKs) program (Chapter 2, commencing with Section 11200
of Part 3 of Division 9 of the California Welfare and Institutions Code), the
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Food Stamp program (7 U.S.C. Section 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.
(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
4.68.150 Parade Routes.
(a) Subject to the requirements of this Chapter, a Community Event
permit may be issued for a march, procession, walk, or parade in one direction
only on the following streets:
(1) Ocean Avenue, between Adelaide Drive (northwest City limits)
and Pico Boulevard;
(2) Commencing on Ocean Avenue at the intersection of Adelaide
Drive (northwest City limits) and continuing south on Ocean Avenue to the
intersection of Colorado Avenue, turning easterly on Colorado Avenue to
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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, south of the intersection of
Olympic Drive, and continuing 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, ending at the entrance to
Parking Lot 5 South;
(4) Commencing on Barnard Way, south of the entrance to Parking
Lot 5 South, continuing southerly on Barnard Way to the intersection of
Marine Street, continuing easterly on Marine Street to the intersection of
Main Street, turning northerly on Main Street, continuing north on Main
Street, ending at the intersection of Olympic Drive; and
(5) Main Street, between Olympic Drive and Marine Street
(adjacent to the southern City limits).
(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 that 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 participants can be maintained.
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4.68.160 Athletic events.
The procedures and criteria for conducting races/runs shall be as follows:
(a) There shall be one ten-kilometer route, and two five-kilometer routes;
(1) The 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 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 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.
(3) 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
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Avenue to end at the 1500 block of Ocean Avenue (before the entrance to
the Pier ramp).
(b) 5K North City Route races may only occur on Saturday mornings from
seven-thirty a.m. until eleven a.m.
(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.
(d) There shall be no more than a total of three 5K and/or 10K races per year
in the City regardless of route, with one of these races occurring in May, and two in
September, October, or November separated by at least seven weeks. The use of
both the 5K and 10K Ocean Routes on the same day by the same organizer with
simultaneous or staggered starts shall be considered as one race.
(e) With the exception of one 5K race on the Saturday following
Thanksgiving Day using the 5K North City Route, there shall be no races on holidays
or holiday weekends including Memorial Day and the preceding weekend, Labor
Day and the preceding weekend, and Thanksgiving Day and the subsequent
weekend including the Friday following Thanksgiving Day.
(f) No vehicular races shall be permitted.
(g) Events which include multiple modes of travel (e.g., running and
bicycling) shall be permitted so long as the start times for different modes of travel
are staggered.
(h) 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
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participants. This determination shall be based on safety considerations and the
preservation of access to businesses and other scheduled activities along the route.
(i) In addition to the routes established by subsection (a) of this Section,
races/runs may be permitted on other streets in the City so long as the majority of
the race/run occurs outside of the City and that portion of the race/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.
4.68.170 Display of Community Event permit.
A copy of the Community Event permit shall be displayed at the Community
Event site and shall be exhibited upon demand of any City official.
4.68.180 Use of City name or logo without authorization.
It shall be unlawful for the permittee conducting a Community Event to use
the words “the City of Santa Monica” or “City of Santa Monica,” to suggest or
indicate that the event is sponsored by the City or to use a facsimile of the seal or
logo of the City of Santa Monica in the promotional materials or advertising for the
event without the City’s authorization.
4.68.190 Block Parties and Open Street Events.
(a) Pursuant to California Vehicle Code Section 2110(e), the City Manager
has authority to order the temporary closure of a portion of any street when, in the
opinion of the City Manager, the closing is necessary for the safety and protection
of persons who are to use the portion of the street during the temporary closing.
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(b) Block Party street closure. Requests for a permit to utilize a street for
a block party shall be made by filing an application for a “permit to close a public
street” with the Department of Transportation. The applicant must be a resident
living on or a business located on the block of the street to be closed. Where the
majority of the parcels in the area of the requested closure are zoned R-1 Single
Unit Residential, the applicant must include a petition in favor of the event signed by
51% of residents and/or businesses on the block of the street to be closed, and must
provide at least three days advance notice of the closure to all residents and
businesses located on the portion of the street to be closed. Where the majority of
the parcels in the area of the requested closure are zoned other than R-1 Single
Unit Residential, the applicant must include a petition in favor of the event signed by
25% of the residents and/or businesses located on the block of the street to be
closed, and must provide at least five days advance notice of the closure to all
residents and businesses located on the street to be closed. Only a street classified
by the City in its Land Use and Circulation Element as a “Neighborhood Street,”
“Shared Street,” or “Avenue: Industrial” may be utilized for a Block Party. Block
Parties do not need to obtain a Community Event Permit.
(c) Date, time, and location restrictions for Open Street Events.
(1) Any street may be considered for closure for an Open Street
Event, except “Neighborhood Streets,” “Shared Streets,” or
“Avenue:Industrial,” which may be closed pursuant to subsection (b). City
staff will determine if the proposed street closure may be permitted, or if an
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alternative route must be considered. This determination will be based upon
the proposal’s impact on City services, staffing resources, emergency service
delivery, transit service interruption, traffic congestion, and neighborhood and
commercial impacts.
(2) Open Street Events shall be allowed only on Friday, Saturday,
Sunday, and Monday if it is a holiday, except as limited by this section. Open
Street Events are not allowed on Memorial Day, July Fourth, Labor Day,
Thanksgiving, or Christmas Day.
(3) No permit shall be issued for an Open Street Event requiring a
street closure for a period of more than two consecutive days. Additional time
for setup or breakdown may be approved at the discretion of the City.
(4) The City Manager shall set by administrative regulation the
number of open streets events that may be permitted each calendar year.
(d) Neighborhood notification for Open Street Events.
(1) The permittee must notify all residents, property owners,
managers, or lessees in the closure area of the date, time, location, and
purpose of the closure. This notification may be accomplished by distributing
flyers, door hangers, or circulating the petition required by Section
4.68.050(b)(2) of this Chapter. Flyers may not be placed in mailboxes unless
they include paid postage and are delivered by the USPS. Notification shall
be completed at least 10 days prior to the event if the permittee circulated the
petition required by Section 4.68.050(b)(2). If the permittee received a letter
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of support from a business improvement district or neighborhood organization
in lieu of circulating the petition, then notification must be completed at least
14 days prior to the event.
(2) The permittee may also notify residents via email and/or
community meetings, but such notification shall not take the place of the
notification required in subsection (d)(1).
(3) The permittee must provide and post signs announcing the
street closure consistent with the approved traffic plan. The signs shall be
posted at least 24 hours prior to the event. The permittee must remove and
dispose of signs properly upon completion of the event or expiration of the
permit, whichever comes first. 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.
(e) Approval criteria for Open Street Events. In addition to the Criteria in
4.68.060, the Community Events Committee may take the following into account in
awarding a Community Event Permit to an Open Street Event:
(1) The event shall not exceed any occupant load that may be
determined by the Fire Department.
(2) Appropriate access for emergency personnel. Fire Department
and Police Department must approve a scaled site map that includes the
placement of all event equipment, vehicles, fire hydrants, tents, and canopies.
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Emergency vehicle access (20 feet wide and 13.5 feet high) must be
maintained throughout the event.
(3) The Department of Transportation determines the closing of the
street will not unduly impede, obstruct, or interfere with the operation of the
City and regional bus transportation systems.
(4) The closure will not result in a clear, identifiable, and substantial
detriment to the public health, safety, or welfare.
(f) The permittee is responsible for providing and placing all barricades to
close the street, in accordance with the approved traffic plan.
4.68.200 Administrative regulations.
The City Manager, or designee, shall adopt administrative regulations that are
consistent with and that further the terms and requirements set forth within this
Chapter. All such administrative regulations must be in writing.
4.68.210 Other permits and licenses and compliance with all laws.
(a) The issuance of a community events permit does not relieve any
person from the obligation to obtain any other permit or license required pursuant to
this Code, or any other local, state, or federal law or regulation.
(b) Community Events shall comply with all local, state, and federal laws
and regulations.
(c) It shall be unlawful for any person to sponsor or conduct a Community
Event requiring a Community Event Permit unless a permit has been issued for the
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event. It is unlawful for any person to participate in such an event with knowledge
the sponsor of the event has not been issued the required permit.
(d) A Community Event Permit authorizes the permittee to conduct only
the event described in the permit, and in accordance with the terms and conditions
of the permit. It is unlawful for the permittee to willfully violate the terms and
conditions of the permit, or for any event participant with knowledge thereof, to
willfully violate the terms and conditions of the permit.
4.68.220 Penalties
Any person who intentionally violates any of the provisions of this Chapter
shall be guilty of a misdemeanor. The provisions of this Chapter may also be
enforced through the issuance of administrative citations and the imposition of
administrative fines pursuant to Chapter 1.09 of this Code.
SECTION 2. 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 3. 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.
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SECTION 4. 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. Pursuant to Sections 615 and 619 of the
City Charter, for reasons stated in the above recitals, the City Council declares this
ordinance to be necessary as an emergency measure for preserving the public peace,
health, and safety, with the result that this ordinance shall be introduced and adopted at
the same meeting, shall become effective immediately upon its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Approved and adopted this 25th day of April, 2023.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2744 (CCS) had its introduction
and adoption at the Santa Monica City Council meeting held on April 25, 2023,
by the following vote:
AYES: Councilmembers de la Torre, Torosis, Parra, Zwick
Mayor Davis
NOES: Councilmember Brock
ABSENT: Mayor Pro Tem Negrete
Ayes:
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2744 (CCS) was duly published pursuant to California
Government Code Section 40806.
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5/16/2023