Item 8-C
City Council Meeting 10-12-99 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Report on the Implementation of the Street Performance and Vending Ordinance and Recommendation to Adopt Amendments to Certain Sections Of That Ordinance Relating To Street Performance And Heartland Vending.
Introduction
At its meeting on October 5, 1999, the City Council introduced for first reading an ordinance amending various provisions of the Municipal Code relating to street performance and heartland vending. The ordinance is now presented to the City Council for adoption.
Recommendation
City Staff recommends that the City Council adopt the attached ordinance.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Deputy City Attorney
Claudia Thompson, Legal Admin. Staff Asst.
f:\atty\muni\laws\barry\stperf2-1.wpd
City Council Meeting 10-12-99 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 6.112.020, 6.112.030, 6.112.050, 6.112.060, 6.112.070
6.116.050, 6.116.060, AND 6.116.070 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO STREET PERFORMERS AND VENDORS
WHEREAS, on July 20, 1999, the City Council adopted Ordinance Number 1949 (CCS) (the
AOrdinance@) which amended Municipal Code provisions governing street performance, street vending, and the display and placement of objects on sidewalks; andWHEREAS, the Ordinance requires minor revisions to clarify the law, effectuate the Council
=s intent and strengthen the remedies for violations; andWHEREAS, among other revisions, the proposed ordinance clarifies the meaning of the present rotation requirement, the definition of tangible art object and the prohibition on the use of wet cell batteries; and
WHEREAS, the proposed ordinance also amends existing law by establishing that performing without a permit is a misdemeanor; and
WHEREAS, these amendments do not alter the substance of the Ordinance,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 6.112.020 is amended to read as follows:
6.112.020 Definitions.
APerform@ shall not include the provision of personal services such as hair weaving or massage.For purposes of this Chapter, the following words or phrases shall have the following meanings:
(a) Charge. To require someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions through passing around a hat, leaving open an instrument case or other receptacle, or soliciting donations after a performance is not a charge.
(b) Performer. An individual or group who performs in a public area, for the purpose of providing public entertainment
(c) Perform. To engage in a performance including, but not limited to, the following activities: playing music, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, or creating tangible art objects.
(d) Public Areas. Sidewalks, parkways, playgrounds and all other public spaces located in the City.
Atangible art object@ includes the following items: paintings, drawings, henna tatoos, photographs, sculptures, or any other item that is inherently communicative and has nominal utility apart from its communication.(e) 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.
(f) Tangible Art Object. The term
(g) Third Street Promenade. Third Street between the southeasterly line of Wilshire Boulevard and the northwesterly line of Arizona Avenue, and between the southeasterly line of Arizona Avenue and the northwesterly line of Santa Monica Boulevard and between the southeasterly line of Santa Monica Boulevard and the northwesterly line of Broadway.
SECTION 2. Santa Monica Municipal Code Section 6.112.030 is amended to read as follows:
6.112.030 Rules and regulations.
(a) Subject also to Section 6.112.050 and Section 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.
(b) No person may perform on the Third Street Promenade, the Pier or any public sidewalk without first obtaining a performance permit issued by the City pursuant to Section 6.112.040.
(c) A performer may not block or obstruct the free 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, a police officer or fire official may disperse that portion of the crowd that is blocking the passage of the public. If a performer cannot conduct a performance in a location without blocking the passage of the public, a police officer or fire official may cause the performer to leave the location, but shall not prevent the performer from occupying another location in compliance with this Chapter.
(d) A performer who performs for a charge shall obtain a business license and be subject to all applicable provisions of Chapter 6.36. A performer who performs without charge shall not be required to obtain a vendor permit pursuant to Chapter 6.36 or a business license pursuant to Chapter 6.04.
(e) No performer shall construct, erect, or maintain any stage, platform, or similar structure for use during any performance.
(f) No performer shall use any knife, sword, torch, flame, axe, saw, or other object that can cause serious bodily injury to any person, or engage in any activity, including but not limited to, acrobatics, tumbling, or unicycling, that can cause serious bodily injury to any person.
(g) No performer shall use a
nygenerator, 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.
(j) No minor under the age of sixteen can perform unless the minor has obtained an Entertainment Work Permit issued by the Department of Industrial Relations of the State of California and maintains the permit in his/her possession at the time of the performance.
(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 on any public sidewalk with more instruments, props, equipment, merchandise, or other items than the performer can reasonably transport or remove at one time.
(m) No performer shall perform in contravention of the allowable noise levels established by Chapter 4.12 and Chapter 6.116 of this Code.
(n) No performer shall block or obstruct a curb cut.
SECTION 3. Santa Monica Municipal Code Section 6.112.050 is amended to read as follows:
6.112.050 Special regulations for Third Street Promenade.
In addition to the requirements of Section 6.112.030 and 6.112.040, no performer shall perform in the Third Street Promenade outside of an enclosed building in violation of the following requirements:
(a) Except as provided in Subsection (f) of this Section, no performer shall perform except during the following time periods:
(1) Nine a.m. to eleven p.m. daily.
(2) Eleven p.m. on Friday and Saturday to one-thirty a.m. of the following day.
(b) No performer shall perform within sixty feet of any special event authorized by the City unless the special event encompasses one or more City blocks in which case the performance shall be conducted according to any administrative guidelines which shall be adopted by the City.
(c) No performer shall perform with more instruments, props, equipment, merchandise, or other items than the performer can reasonably transport or remove at one time.
(d) No performer shall perform outside designated performance zones, as established by resolution of the City Council.
(e) No performer shall:
(1) Perform in any specific location or within one hundred twenty feet of that location as measured in a north/south direction, for more than two hours in any six hour period. The time required to set-up and to remove any instruments, props, equipment, or other items shall be considered part of the performance for purposes of this subdivision and subdivision (2) of this subsection (e).
(2) Perform on an even hour at the same location that he/she was performing on the preceding even hour, or within one hundred twenty feet of that location as measured in a north/south direction.
=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.(3) 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, performer, or person utilizing a portable table or cart for displaying or distributing merchandise, goods, written materials, food, or other items.
(f) The following formula establishes the special performance hours that apply during specified holidays:
(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
SECTION 4. Santa Monica Municipal Code Section 6.112.060 is amended to read as follows:
6.112.060 Special regulations for the Pier.
In addition to the requirements of Section 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) No performer shall perform outside designated performance zones, as established by resolution of the City Council.
(b) Except as provided in Subsection (f) of this Section, no performer shall perform except during the following time periods:
(1) Eight a.m. to ten p.m. Monday thru 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.
(c) No performer shall perform within sixty feet of any special event authorized by the City.
(d) No performer shall perform with more instruments, props, equipment, merchandise, or other items than that performer can reasonably transport or remove at one time.
(e) No performer shall:
(1) Perform in any specific location or within one hundred twenty feet of that location, 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 (e).
(2) Perform on an even hour at the same location that he/she was performing on the preceding even hour, or within one hundred twenty feet of that location.
(3) Perform within thirty-five feet of any other performer, vendor or any other person utilizing a portable table or cart for displaying or distributing merchandise, goods, written materials, food, or other items.
(f) The following formula establishes the special performance hours that apply during specified holidays:
(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.
SECTION 5. Santa Monica Municipal Code Section 6.112.070 is amended to read as follows:
6.112.070 Penalties.
Any person violating this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars per violation, except that any person performing without a performance permit as required by Section 6.112.030(b) shall be guilty of a misdemeanor.
SECTION 6. Section 6.116.060 of the Santa Monica Municipal Code is amended to read as follows:
6.116.060 Special Regulations for Vendors On The Third Street Promenade.
No person authorized to vend pursuant to Section 6.36.030(g) and 6.36.030(h) may on the Third Street Promenade:
(a) Vend 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 an even hour at the same location that he/she was vending on the preceding even hour, or within one hundred twenty feet of that location as measured in a north/south direction.
(c) Vend 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, performer, or any other person utilizing a portable table or cart displaying or distributing merchandise, goods, written materials, food, or other items.
(d) Vend those items authorized by Section 6.36.030 (h) unless that person is also performing pursuant to Chapter 6.112, the item vended is representative of the work being created during the performance, and no more than five such items are displayed on the table or cart at any one time. All other requirements specified in Section 6.116.010 shall apply except that the performer/vendor shall be limited to utilizing one (1) table or cart of a size not larger than four (4) feet in width by four (4) feet in length by three (3) feet in height.
SECTION 7. Section 6.116.070 of the Santa Monica Municipal Code is hereby amended to read as follows:
6.116.070 Special Regulations for Vendors On The Pier.
No person authorized to vend pursuant to Section 6.36.030(g) and 6.36.030(h) may on the Pier:
(a) Vend in any specific location, or within one hundred twenty feet of that location 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 an even hour at the same location that he/she was performing on the preceding even hour, or within one hundred twenty feet of that location.
(c) Vend within thirty-five feet of any other vendor, performer, or any other person utilizing a table or cart for the purpose of displaying or distributing merchandise, goods, written materials, food, or other items.
(d) Vend those items authorized by Section 6.36.030 (h) unless that person is also performing pursuant to Chapter 6.112, the item vended is representative of the work being created during the performance, and no more than five such items are displayed on the table or cart at any one time. All other requirements specified in Section 6.116.040 shall apply except that the performer/vendor shall be limited to utilizing one (1) table or cart of a size not larger than four (4) feet in width by four (4) feet in length by three (3) feet in height.
SECTION 8. Santa Monica Municipal Code Section 6.116.050 is amended to read as follows:
6.116.050. Exemptions.
The requirements of this chapter, except for noise standards, shall not apply to City approved special events which have been reviewed by the Police and Fire Departments to ensure that all necessary public safety measures have been imposed as a condition of approving the event and to any vendor operating pursuant to or under the authority of an approved license agreement.
SECTION 9. 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 10. 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 11. 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 thirty days after its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney