O2145
F:\A TTY\MUN I\LAWS\BARRY\streetperformer2004update2d .doc
City Council Meeting 11-23-04 Santa Monica, California
ORDINANCE NUMBER 2145 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
6.112.040,6.112.060,6.112.070,6.116.030, 6.116.060,6.116.070 AND
RENUMBERING AND AMENDING SECTION 6.116.080 RELATING TO STREET
PERFORMANCE AND VENDING ON THE THIRD STREET PROMENADE, THE
TRANSIT MALL, AND THE PIER, INCLUDING SECTIONS ON PERMITS, PIER
PERFORMANCE HOURS, ALLOCATION OF PIER PERFORMANCE SPACES,
NOISE, VENDOR ROTATION, AND PENAL TIES, ADDING A NEW SECTION
6.116.080 RELATING TO THE INSTALLATION AND ERECTION OF OBJECTS ON
THE PROMENADE, TRANSIT MALL AND PIER, AND AMENDING SECTION 3.12.370
RELATING TO THE PLACEMENT OF PROPERTY OR MATERIALS ON SIDEWALKS,
STREETS, AND OTHER PUBLIC PROPERTY
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
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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 or residents, workers, and visitors in crowded
public places, shield local businesses from unfair competition, and preserve the
aesthetic qualities of public spaces; 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 i~ 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
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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
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, enterta inment -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, concerns about maintaining the security of popular public spaces
have continued to grow with heightened world conflict and attendant concerns about
terrorism; and
WHEREAS, the City's safety personnel are cognizant of the need to remain
vigilant and so have increased efforts to protect ingress and egress from public spaces
and monitor property placed in public spaces; 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
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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 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
Oceah 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, the proximity of busy public streets to the Transit Mall has required
monitors and safety personnel to closely observe crowds gathering around performers
working on the Transit Mall sidewalk; and
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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 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
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 precise time periods when the Promenade, the Transit Mall, and
the Pier 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
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
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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, the City issued approximately 917 performance permits in 2003; and
WHEREAS, the City has processed approximately 880 performance permits this
year as of November 1, 2004 and anticipates meeting or exceeding the number of
performance permits issued in 2003; and
WHEREAS, an increasingly wide spectrum of objects are being placed on the
Promenade and the Pier in conjunction with performances, Community Events, and
other expressive activities; and
WHEREAS, these objects can affect the free flow of pedestrian traffic and
emergency ingress and egress and can constitute safety hazards by blocking sight lines
and collapsing; 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, street vending, placement of
objects creates particular safety hazards for seniors, the disabled, young children, and
others with limited mobility; and
WHEREAS, in time of emergency, these hazards 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
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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, in order to protect public safety, street performance and street
vending must be regulated to ensure the orderly flow of pedestrian and vehicular traffic,
to provide ready access for emergency personnel to public spaces; and
WHREAS, in order to protect public safety, the placement of objects must be
regulated to ensure that sight lines are maintained, the objects do not fall or collapse,
pedestrian and vehicular traffic is not blocked and the objects can be promptly and
safely transported; and
WHEREAS, violations of the performance hour regulations and the noise
regulations are classified as infractions; and
WHEREAS, based on the experience of police personnel, in many instances,
issuing citations for infractions for violations of these provisions is unavailing because
the performers may simply opt to receive multiple citations and continue to perform
rather than comply with the law; and
WHEREAS, violation of the performance hour restrictions and of the noise
regulations after midnight can have a significant impact on the surrounding community,
particularly since residents reside on the Promenade and Transit Mall and adjacent to
the Pier entrance; and
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
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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 HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.112.040 is hereby
amended to read as follows:
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 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;
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(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 1 st 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.
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(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.
(e) The City may revoke or suspend a performance
permit upon the commission of the second violation either 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. 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. 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 shall establish administrative guidelines to assist in the
implementation of this Section.
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(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 and the year in which the permit expires. Each
performer in a group shall obtain his/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.
U) 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
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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.
SECTION 2. Santa Monica Municipal Code Section 6.112.060 is hereby
amended to read as follows:
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.
(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.
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(b) No performer shall perform within sixty feet of any
special event authorized by the City.
(c) No performer shall:
(1) Perform after 1 :00 p.m. atthe same location that
he/she was performing prior to 1 :00 p.m. or within one
hundred fifty feet of that location.
(2) 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.
(3) Perform after 7:00 p.m. at the same location that
he/she was performing prior to 7:00 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.
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(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.
(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 )-(4) of this Section
shall not apply. Administrative guidelines may be
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established 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.
(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 3. Santa Monica Municipal Code Section 6.112.070 is hereby
amended to read as follows:
6.112.070 Penalties.
The following penalties shall be established for
violations of this Chapter:
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(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(1), 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) 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.
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SECTION 4. Santa Monica Municipal Code Section 6.116.010 is hereby
amended to read as follows:
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 on the Third Street Promenade, the Transit Mall, or
the Pier shall display or distribute goods, written materials,
merchandise, food, or any other items from any device or
structure except on or from 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.
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(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.
(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 Section 6.116.080, 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
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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) The table, cart, and all of the person's other items
shall be capable of being transported or removed at one
time.
(e) Any person vending pursuant to Section
6.36.030(f), or any successor provision, 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 5. Santa Monica Municipal Code Section 6.116.030 is hereby
amended to read as follows:
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6.116.030 Allowable noise levels on Promenade.
(a) The following maximum noise level (Lmax) shall
apply on the Third Street Promenade and the Transit Mall
during the times indicated:
Time Maximum
Noise level (lmax)
Mon-Fri 9 a.m.-7:00p.m. 75 dBA*/97 dBA**
Mon-Thurs 7 p.m.-10:30 p.m. 85 dBA*/107 dBA**
Friday 7 p.m.-midnight 85 dBA*/107 dBA**
Saturday 9 a.m.-midnight 85 dBA*/107 dBA**
Sunday 9 a.m.-1 0:30 p.m. 85 dBA*/107 dBA**
Sat/Sun 12:01 a.m.-1 :30 p.m. 65 dBA*/87 dBA**
* When measured at a minimum distance of 25
feet from the source of the noise.
** When measured at a minimum distance of one
foot from the source of the noise.
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.
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(b) No person or group shall create any noise, or
allow the creation of any noise on the Third Street
Promenade or Transit Mall 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.
(d) No person shall interfere with or resist the taking
of any noise measurement authorized by this Section.
(e) No person shall use a speaker on a public
sidewalk, street, or right-of-way unless it is placed on the
ground and is no more than three feet in height.
SECTION 6. 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(f) and 6.36.030(g), or any successor legislation,
may on the Third Street Promenade or the Transit Mall:
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(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 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 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 easUwest 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
hour, or within one hundred twenty feet of that location as
measured in an easUwest direction;
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(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(g), or any successor legislation, 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 at anyone time. A performer/vendor may display
these items from a table or cart, the performer/vendor's
instrument case, or attached to an easel which is used as
part of the performance. If a performer/vendor displays items
from a table or cart, all other requirements specified in
Section 6.116.010 shall apply except that 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.
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SECTION 7. Santa Monica Municipal Code Section 6.116.070 is hereby
amended to read as follows:
6.116.070 Special regulations for vendors on the
Pier.
No person authorized to vend pursuant to Sections
6.36.030(f) and 6.36.030(g), or any successor legislation,
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(g), or any successor legislation, 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 the performer/vendor shall be limited to utilizing
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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 8. Section 6.116.080 is hereby added to the Santa Monica Municipal
Code to read as follows:
Section 6.116.080. Placements, Installation or
Erection of Objects on the Promenade, the Transit Mall
and the Pier.
No person shall place, install or erect objects on the
Promenade, the Transit Mall, or the Pier which may block
sight views, impede traffic or collapse, such as sandwich
board signs ("A" frames), canopies, umbrellas, screens,
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large inflatables, tents, and similar objects unless such
objects are placed, installed or erected pursuant to a street
use permit, license, or other City-issued authorization which
protects public safety.
SECTION 9. Previously numbered Santa Monica Municipal Code Section
6.116.080 is hereby amended to read as follows:
6.116.090 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 of not less
than one hundred dollars, but not exceeding two hundred
fifty dollars per violation.
(b) Any person violating Sections 6.116.01 0(a)(1),
6.116.010(b), 6.116.01 O(c), 6.116.01 O(d), 6.116.030(b) after
midnight, 6.116.060(f) or 6.116.070(c) 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
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not exceeding six months, or by both such fine and
imprisonment.
SECTION 10. Santa Monica Municipal Code Section 3.12.370 is hereby
amended to read as follows:
3.12.370 Leaving or placing property, or other
items on sidewalks, streets, streetscape, or public
buildings.
Except as otherwise permitted by this Code or City
contract, no person shall upon any public sidewalk, street,
right-of-way, streetscape, public building, or other public
facility:
(a) leave any property or other item unattended for a
period longer than ten minutes;
(b) place any property or other item(s) unless the
item(s) can promptly and safely be transported or removed
at one time.
SECTION 11. 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.
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SECTION 12. 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 13. 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:
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Approved and adopted this 23rd day of November, 2004.
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Richard Bloom, Mayor
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. 2145 (CCS) had its introduction on November 9,2004, and
was adopted at the Santa Monica City Council meeting held on November 23, 2004, by
the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown,
Feinstein, Genser, Holbrook, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz
ATTEST:
~
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