SR 08-23-2022 10E
City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 10.E
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Introduction and First Reading of an Ordinance Amending Santa Monica
Municipal Code Chapter 6.112 to Add Regulations for Street Performers on
Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard, and Broadway
Adjacent to the Third Street Promenade
Recommended Action
Staff recommends that the City Council introduce for first reading an Ordinance
amending Chapter 6.112 of the Santa Monica Municipal Code (“SMMC”) to:
1. Apply the regulations set forth therein to a “buffer zone,” consisting of Wilshire
Boulevard, Arizona Avenue, Santa Monica Boulevard, and Broadway between
Second and Fourth Courts;
2. Eliminate the 120-foot restrictions in 6.112.050 and replace with a general
prohibition against performing within the same block after a certain amount of
time; and
3. Make other minor edits for consistency with other provisions of the Santa Monica
Municipal Code.
Executive Summary
Santa Monica has a long-standing commitment to encouraging expression and the arts
through street performance. Permitting for street performers is currently required at
Third Street Promenade, the Pier, and the Transit Mall and only when those very
popular, relatively small and physically constrained spaces are subject to
crowding. The sidewalks on Wilshire Boulevard, Arizona Avenue, Santa Monica
Boulevard, and Broadway between Second Court and Fourth Court (the proposed
“buffer zone”) are adjacent to the Third Street Promenade, are heavily traveled, and
experience pedestrian traffic in similar volume to areas already covered by the
ordinance. Recently, the City has observed performers just outside the Third Street
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Promenade, and in the proposed “buffer zone,” attracting crowds that have spilled over
from the sidewalk into the street, causing safety concerns for both pedestrians and
performers. The proposed amendments seek to apply the regulations of Chapter 6.112
to the “buffer zone” in a manner consistent with those for the Third Street Promenade,
Santa Monica Pier and Transit Mall in order to accurately reflect the conditions present
in those locations and to otherwise protect and enhance the appearance and appeal of
the City’s most popular public spaces, support the arts, and maintain public health,
safety, and welfare. For ease of enforcement and clarity for potential performers, the
proposed amendments also eliminate the 120-foot restrictions set forth in section
6.112.050 and replace them with a general prohibition from performing within the same
block after the proscribed amount of time. Lastly, the proposed amendments make
other minor revisions for consistency with other provisions of the Santa Monica
Municipal Code.
Discussion
The City of Santa Monica has worked since the late 1980s to create and refine street
performance laws which recognize performers’ 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 spaces, shield local businesses
from unfair competition, and preserve the aesthetic qualities of public space. For
more than 30 years, the City has encouraged street performance in its most popular
venues, including, the Promenade, the Pier, and the Transit Mall adjacent to the
Promenade. Consistent with the City’s core value of supporting the arts with First
Amendment protections, Santa Monica Municipal Code (“SMMC”) Chapter 6.112
sets forth the City’s limited regulations for street performers at those venues. In
compliance with law on this topic, regulations on the time, place, and manner of
performance in those venues have been undertaken only for the judicially sanctioned
purposes of protecting public safety in these unique and often crowded public
spaces, preserving the aesthetics of those spaces, and protecting adjacent
merchants.
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The necessity of establishing, maintaining and enforcing regulations governing street
performance in the City’s public spaces is often exacerbated by certain of the City’s
defining characteristics, including its extreme density and appeal to visitors. Thus,
unregulated street performance 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. Unregulated street
performance creates safety hazards for seniors, the disabled, young children, and
others with limited mobility.
The City’s most popular public spaces in the Downtown area are Third Street
Promenade, the Santa Monica Pier and the Transit Mall, and maintaining safe
circulation in these spaces is an ongoing challenge. The Downtown Community Plan
(“DCP”) considers the Third Street Promenade and the area immediately adjacent to
the Third Street Promenade, to be the pedestrian and economic heart of the City with
a vibrant urban atmosphere supported by a broad mix of building types, office space,
entertainment, retail, restaurants, cafes, salons and exercise studios. The DCP
supports the continued expansion of the central retail district by increasing the
energy and pedestrian traffic on streets around the Promenade. The sidewalks on
Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard, and Broadway
between Second Court and Fourth Court (“buffer zone”) are adjacent to the Third
Street Promenade and are heavily traveled. The DCP demonstrates that these
blocks experience pedestrian traffic in similar volume.
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Downtown Community Plan
Illustration 3.2 – Pedestrian Volumes
Recently, City staff has observed performers near Third Street Promenade, in areas just
outside the current regulations under Chapter 6.112, attracting crowds that have spilled
over from the sidewalk into the street, causing significant safety concerns for the
crowds, the performers, other pedestrians, drivers, and local business owners. Applying
regulations to the “buffer zone” that are consistent with those for the Third Street
Promenade, Santa Monica Pier and Transit Mall will accurately reflect the conditions in
this area and will continue to protect and enhance the appearance and appeal of the
City’s most popular public spaces and support the arts, while also continuing to maintain
public health, safety, and welfare. Thus, staff recommends amending Chapter 6.112 to
apply regulations to the “buffer zone” consistent with those for the Third Street
Promenade, Santa Monica Pier and Transit Mall.
Additionally, City Council has expressed concerns with the distance requirements set
forth in 6.112.050 as being unduly burdensome to allow for both compliance by the
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street performers and enforcement by the police department. Accordingly, proposed
amendments to this section eliminate the distance requirement previously measured in
feet to a more general prohibition of performing within the same neighborhood block.
Lastly, the proposed ordinance makes other minor revisions for consistency with other
provisions of the Santa Monica Municipal Code. These include eliminating provisions no
longer in existence and otherwise updating terminology to be consistent with other
provisions of the Municipal Code.
Financial Impacts and Budget Actions
There are no direct financial impacts attendant upon the adoption of this ordinance.
Although there are ongoing costs related to enforcing street performance laws, it is not
anticipated that these would be significantly impacted by the proposed changes in the
law.
Prepared By: Michelle Hugard, Deputy City Attorney
Approved
Forwarded to Council
Attachments:
A. ORD-ord-Street Performers 6.112
B. Written Comment
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City Council Meeting: August 23, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.112 CONCERNING
STREET PERFORMERS ADJACENT TO THE THIRD STREET PROMENADE
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,
causing nuisances from excessive sound, creating unfair competition, and adversely
affecting aesthetics; and
WHEREAS, the City of Santa Monica has worked since the late 1980s to create
and refine street performance laws which recognize performers’ 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 spaces, shield local businesses from
unfair competition, and preserve the aesthetic qualities of public space; and
WHEREAS, the necessity of establishing, maintaining and enforcing regulations
governing street performance 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
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WHEREAS, unregulated street performance 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 creates particular safety hazards for
seniors, the disabled, young children, and others with limited mobility; and
WHEREAS, Santa Monica Municipal Code (“SMMC”) Chapter 6.112 sets forth the
City’s regulations for street performers; and
WHEREAS, the City’s most popular public spaces in the Downtown 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 Downtown Community Plan considers the Third Street
Promenade and the area immediately adjacent to the Third Street Promenade, to be the
pedestrian and economic heart of the City with a vibrant urban atmosphere supported by
a broad mix of building types, office space, entertainment, retail, restaurants, cafes,
salons and exercise studios; and
WHEREAS, the Downtown Community Plan supports the continued expansion of
the central retail district by increasing the energy and pedestrian traffic on streets around
the Promenade; and
WHEREAS, Santa Monica Municipal Code Chapter 6.112 includes special
regulations for the Third Street Promenade, Transit Mall and Pier to ensure the safety of
performers, their audience, and the general public and to prevent unreasonable
interference with residents’ enjoyment of peace and quiet in their homes or the ability of
businesses to operate and conduct their business; and
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WHEREAS, the sidewalks on Broadway, Santa Monica Boulevard, Arizona
Avenue, and Wilshire Boulevard, between Second Court and Fourth Court (“buffer zone”)
are adjacent to the Third Street Promenade and heavily traveled; and
WHEREAS, the Downtown Community Plan demonstrates that these blocks
experience pedestrian traffic similar in volume to the Transit Mall; and
WHEREAS, the City has observed performers just outside the Third Street
Promenade attracting crowds that spilled over from the sidewalk into the street, causing
safety concerns; and
WHEREAS, applying regulations to the buffer zone that are consistent with those
for the Third Street Promenade, Santa Monica Pier, and Transit Mall will accurately reflect
the conditions in the buffer zone and will protect and enhance the appearance and appeal
of the City’s most popular public spaces, support the arts, and maintain public health,
safety, and welfare; and
WHEREAS, the City Council desires to amend Chapter 6.112 to apply regulations
to the buffer zone consistent with those for the Third Street Promenade, Santa Monica
Pier, and Transit Mall and make other minor revisions for consistency with other
provisions of the Santa Monica Municipal Code; and
WHEREAS, for ease of enforcement and clarity for potential performers, City
Council also desires to eliminate the 120 foot restrictions set forth in section 6.112.050
and replace them with a general prohibition from performing within the same block after
the proscribed amount of time.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.112 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Chapter 6.112 STREET PERFORMERS
6.112.010 Purpose.
The City Council finds that the existence in the City of street performers provides
a public amenity that enhances the character of the City and seeks to encourage such
performances in a manner consistent with the overall public interest. The City Council
also recognizes that street performers seek to and do draw crowds to their performance.
This can create serious safety problems by impacting the ability of pedestrians to move
safely on sidewalks and through cross walks and impeding the response time of safety
personnel. It can also impact access to and egress from businesses. Cognizant that street
performers are engaged in First Amendment activities, this Chapter imposes reasonable
time, place, and manner restrictions on street performers to the extent necessary to
ensure the safety of performers, their audience, and the general public and to prevent
unreasonable interference with residents’ enjoyment of peace and quiet in their homes or
the ability of businesses to operate and conduct their business.
6.112.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have the
following meanings:
(a) Buffer Zone. The sidewalks on Broadway, Santa Monica Boulevard,
Arizona Avenue, and Wilshire Boulevard, between Second Court and Fourth Court.
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(ba) 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.
(c) Community event. Any event that has obtained a community event permit
pursuant to Santa Monica Municipal Code Chapter 4.68.
(db) 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
variation, and often have functional utility apart from any communicative value they might
have. Handcrafts do not include visual art.
(ec) Perform. To engage in any of the following activities on public property:
playing musical instruments, singing, dancing, acting, pantomiming, puppeteering,
juggling, reciting, engaging in magic, creating visual art in its entirety, or similar artistic
endeavors. “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.
(fd) Performer. An individual who “performs” on public property to provide
public entertainment. Indicia of being a performer include, but are not limited to, setting
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up performance equipment; staging or orienting the performance towards the public;
performing in the same location for an extended period of time; performing in the public
for multiple days; seeking voluntary contributions through passing around a hat or leaving
open an instrument case or other receptacle; and soliciting donations after a performance.
(ge) 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 Performance area. The boundaries of each of these performance areas are
delineated in Exhibit A to Resolution Number 9704 (CCS), or any successor resolution
thereto.
(hf) 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.
(ig) Third Street Promenade. Third Street, including the sidewalks on 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.
(jh) Transit Mall. The sidewalks on Santa Monica Boulevard and Broadway
from the east side of Ocean Avenue to the west side of Fifth Street.
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(ki) Visual Art. Sculptures or drawings and paintings, applied to paper,
cardboard, canvas, or other similar or technologically equivalent medium through the use
of brush, pastel, crayon, pencil, stylus, or other similar object.
6.112.030 Rules and regulations.
(a) Subject also to Sections 6.112.050, and 6.112.060, no performer may
perform:
(1) Within ten feet of any bus stop;
(2) Within ten feet of any street corner or a marked pedestrian
crosswalk;
(3) 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 persons having or conducting lawful business within
those premises;
(4) Within ten feet of the outer edge of any entrance to any residence;
(5) Within twenty feet of the outer edge of any stairs or ramp on the south
side of the Pier;
(6) Within ten feet of the outer edge of the roadway leading to the Pier;
(7) On the wooden landing or wooden walkways immediately north of
the Pier.
(b) No person may perform on the Third Street Promenade, the Pier, or the
Transit Mall, or in the Buffer Zone without first obtaining a performance permit issued by
the City pursuant to Section 6.112.040 unless the performance is conducted on Monday
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through Friday prior to twelve noon and that day is not a holiday as defined in subsection
(q) of this Section.
(c) A performer and the performer’s equipment 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 or require that
the performer relocate his or her equipment, but shall not prevent the performer from
occupying another location in compliance with this Chapter.
(d) There shall be no charge for a performance. Money given for a performance
shall be on a donation only basis. A performer shall perform whether or not the performer
receives compensation for the performance. A performer may not charge a set fee for the
performance or use aggressive measures to solicit donations. For purposes of this
subsection, aggressive measures shall include: blocking or impeding the passage of the
solicitee intentionally; touching the solicitee with the intent to intimidate or coerce;
following the solicitee, going behind, ahead or alongside of him or her, with the intent to
intimidate or coerce; threatening the solicitee, by word or gesture, with physical harm; or
abusing the solicitee with words which are offensive and inherently likely to provoke an
immediate violent reaction.
A performer shall not be required to obtain a vendor permit pursuant to Chapter
6.36 or a business license pursuant to Chapter 6.04. Other Federal, State, and local laws
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may apply to this activity and to sales, including, without limitation, local, State, and
Federal tax laws. It is each performer’s sole responsibility to ensure that he or she is
familiar with and complies with such laws.
(e) No performer shall construct, erect, or maintain any stage, platform, or
similar structure for use during any performance unless the stage or platform:
(1) Is integral to the performance and the performance only takes place
on the stage;
(2) Does not exceed four feet by four feet and one-quarter inch in height;
(3) Is removed from the public way when the performer is not
performing;
(4) Has beveled edges.
(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.
(g) 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.
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(j) 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 or her possession at the time of the
performance.
(k) 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.
(l) No performer shall perform with more instruments, props, equipment,
merchandise, or other items than the performer can reasonably transport and remove all
at once within three minutes.
(m) No performer shall place his or 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) A performer shall stay with his or her instruments, props, equipment,
merchandise, or other items at all times that these items are on a public sidewalk, public
street, or public right-of-way.
(o) No performer shall perform in contravention of the allowable noise
standards 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 Buffer Zone, the Transit
Mall, and the Pier:
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(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.
(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.
6.112.040 Performance permit.
(a) 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:
(1) The applicant’s name;
(2) The applicant’s address;
(3) Proof of the Identity of the Applicant. This identification must
contain a photograph of the applicant. Acceptable forms of identifications shall
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include, but not be limited to, a driver’s license, student identification card, or
passport;
(4) A detailed description of the nature of the act to be performed;
(5) A detailed description of any instrument(s) or prop(s) which will be
used by the performer(s);
(6) 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.
(b) The performance permit will be issued annually commencing on January
1st of each calendar year.
(c) Upon receipt of a written application for a performance permit, a
performance permit shall be approved within three business days of the filing of a fully
completed application, unless one of the following findings is made:
(1) The applicant has knowingly made a false, misleading, or fraudulent
statement of fact to the City in the application process;
(2) The application does not contain the information required by this
Chapter;
(3) The applicant has not satisfied the requirements of this Chapter.
(d) 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.
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(e) The City may revoke or suspend a performance permit upon the
commission of the second violation either of this Chapter, Chapter 3.74 of this Code, or
of permit conditions within a six-month period, or one violation of the same if the violation
posed serious risks to public safety, or one violation relating to a false, misleading, or
fraudulent statement of fact in the performer’s permit application. 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. A performer’s permit
may be suspended for up to four months. If the performance permit of any performer is
suspended, no new permit shall be issued during the period of suspension.
Notwithstanding the above, if a performer’s permit is suspended as a result of a false,
misleading, or fraudulent statement of fact in the performer’s permit application, the permit
shall not be reinstated until the false, misleading or fraudulent statement is corrected by
the performer. Any revocation of a performer’s permit shall be for six months unless the
performer previously had a performance permit revoked and the new violations of this
Chapter or permit conditions relate to public safety, in which case, the permit shall be
revoked for twelve months. No new permit shall be issued during a revocation period. The
City may establish administrative regulations 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 nonrefundable annual
fee in an amount to be set by resolution adopted by the City Council.
(g) The performance permit shall include a photograph of the performer, shall
not be assignable or transferable, and shall contain the permit number of the applicant
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and the year in which the permit expires. Each performer in a group shall obtain his or
her own separate performance permit.
(h) 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.
(j) The City Council may by resolution adjust the noise limitations established
in this Chapter during public holidays.
(k) 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.
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 or the 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 a community event any
special event authorized by the City unless the community special event encompasses
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one or more City blocks in which case the performance shall be conducted according to
any administrative regulations issued under this Chapter 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 that same block 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
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 or she was performing on the preceding hour, or within one
hundred twenty feet that same block 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 that same block 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 or she was performing on the preceding hour, or within one hundred twenty
feet that same block of that location as measured in an east/west direction.
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(5) Perform on the Buffer Zone in any specific location or within that
same block, 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
(6) of this subsection (c).
(6) Perform in the Buffer Zone on an even hour at the same location that
he or she was performing on the preceding hour, or within that same block.
(75) 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.
(86) Perform on the Transit Mall or in the Buffer Zone 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.
(97) Perform on the Santa Monica Boulevard segment of the Transit Mall
within twenty feet of the Third Street Promenade.
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. Monday through Thursday to one a.m. of the following
day.
10.E.a
Packet Pg. 1192 Attachment: ORD-ord-Street Performers 6.112 (5307 : Street Performer First Reading)
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(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 a community event
any special event authorized by the City.
(c) No performer shall:
(1) Perform after one p.m. at the same location that he or she was
performing prior to one p.m. or within one hundred fifty feet of that location.
(2) Perform after four p.m. at the same location that he or she was
performing prior to four p.m. or within one hundred fifty feet of that location.
(3) Perform after seven p.m. at the same location that he or she was
performing prior to seven p.m. or within one hundred fifty feet of that location.
(4) Perform on the Pier in any specific location or within one hundred
fifty feet of that location for more than three 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.
(5) Perform within fifty feet of any other performance or any vendor when
performing in the General Performance Area.
(6) Perform within thirty-five feet of any other performance or any vendor
when performing in the Center Performance Area or the Breezeway Performance
Area.
(7) Perform at a distance greater than ten feet from the north railing of
the Pier when performing in the Center Performance Area.
10.E.a
Packet Pg. 1193 Attachment: ORD-ord-Street Performers 6.112 (5307 : Street Performer First Reading)
18
(8) Perform at a distance greater than ten feet from the north or south
railings of the Pier when performing in the Breezeway Performance Area.
(9) 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. A lottery or voucher system may be
implemented to allocate performance locations and ensure that all performers
participating therein have a fair and equal opportunity to perform or obtain
preferred performance locations. At the times that a lottery or voucher system is
implemented, the distance requirement of subsection (c)(1) through (4) of this
Section shall not apply. Administrative regulations issued under this Chapter may
be established by the City to specify additional requirements, including the conduct
and timing of the lottery or voucher system, the maximum time period and location
in advance of the lottery or voucher distribution that the performers can line up,
and the duration of the permit, consistent with the provisions of this subsection
(c)(9) of this Section and any other relevant provisions of the Municipal Code.
(10) Fail or refuse to comply with the City’s administrative regulations.
(1011) Disrupt or impede the City’s operation of the lottery.
(d) Notwithstanding subsection (a) of 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.
10.E.a
Packet Pg. 1194 Attachment: ORD-ord-Street Performers 6.112 (5307 : Street Performer First Reading)
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(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.
6.112.065 Administrative Regulations
(a) The City Manager or designee may adopt administrative regulations to
implement the provisions of this Chapter, including, but not limited to, the suspension or
revocation of a performance permit, the lottery or voucher system for the Pier, and any
required distance between a performer and a community event on the Third Street
Promenade that encompasses one or more City blocks.
(b) No person shall fail to comply with the City’s administrative regulations
issued pursuant to this Chapter.
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
of not less than one hundred dollars, but 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(l), 6.112.030(q), 6.112.050(a), 6.112.050(c)(5), 6.112.060(a), 6.112.060(c)(5),
or 6.112.060(d), or any successor legislation thereto, 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
10.E.a
Packet Pg. 1195 Attachment: ORD-ord-Street Performers 6.112 (5307 : Street Performer First Reading)
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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.
(d) Any person who violates any provision of this Chapter shall be subject to
administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter
1.10 of this Code.
(e) Nonexclusive Remedies and Penalties. The remedies provided in this
Chapter are not exclusive, and nothing in this Chapter shall preclude any person from
seeking any other remedies, penalties or procedures provided by law.
6.112.080 Exemptions.
This Chapter shall not apply to:
(a) Activities approved pursuant to Chapter 6.36 and Sections 3.36.180,
6.36.040 to 6.36.070, and 6.44.060 of the Santa Monica Municipal Code.
(b) Any approved participant in any City approved farmer’s market.
(c) Any person who has obtained a community event permit pursuant to
Chapter 4.68 of the Santa Monica Municipal Code approved participant in any special
event authorized by the City.
(d) Any approved participant in any cultural arts and crafts show pursuant to
Section 6.40.060 of this Code.
10.E.a
Packet Pg. 1196 Attachment: ORD-ord-Street Performers 6.112 (5307 : Street Performer First Reading)
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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.
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. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
10.E.a
Packet Pg. 1197 Attachment: ORD-ord-Street Performers 6.112 (5307 : Street Performer First Reading)
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Vernice Hankins
From:Janet Geller <janet.geller@gmail.com>
Sent:Monday, August 22, 2022 4:18 PM
To:councilmtgitems
Cc:Matt Geller; Janet Geller
Subject:Remarks for addition to the August 23rd agenda items relating to performance buffer zones
EXTERNAL
Dear SM City Council,
My husband and I live on Ocean Avenue between Wilshire Boulevard and Arizona Avenue in Santa Monica. We enjoy
the permitted performers on the promenade.
We are in favor of the amendment to the ordinance particularly the inclusion of the requirements for performers in the
buffer zones and the enforcement of those requirements by the appropriate authorities.
In the past we have been unable to peacefully enjoy our home due to a constantly returning non‐permitted performer
on the sidewalk at the southwest corner of Arizona Avenue and 3rd Street in an area of the proposed new buffer zone.
His loud music and singing occurs repeatedly up to 4 hours at a time on many nights. We are concerned without the
amendment that there will be a continuation and potential increase of dangerous and disruptive non‐permitted
performers.
Thank you for your attention to this issue.
Janet and Matt Geller
Sent from my iPhone
Item 10.E 08/23/22
1 of 1 Item 10.E 08/23/22
10.E.b
Packet Pg. 1198 Attachment: Written Comment (5307 : Street Performer First Reading)