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.
(Added by Ord. No. 1888CCS §
1, adopted 10/28/97; amended by Ord. No. 2713CCS § 1, adopted 9/13/22)
For purposes of this Chapter, the following words or phrases
shall have the following meanings:
The sidewalks on Broadway, Santa Monica Boulevard, Arizona
Avenue, and Wilshire Boulevard, between Second Court and Fourth Court.
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.
Any event that has obtained a community event permit pursuant to Santa Monica Municipal Code Chapter 4.68.
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.
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.
An individual who "performs" on public property to provide
public entertainment. Indicia of being a performer include, but are
not limited to, setting 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.
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.
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.
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.
The sidewalks on Santa Monica Boulevard and Broadway from
the east side of Ocean Avenue to the west side of Fifth Street.
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.
(Ord. No. 2713CCS § 1, adopted 9/13/22; Ord. No. 2337CCS § 1,
adopted 12/14/10; Ord. No. 2047CCS
§ 1, adopted 7/9/02; Ord. No. 2028CCS § 1, adopted 11/13/01; Ord. No. 2009CCS § 1, adopted 5/22/01; Ord. No. 1982CCS § 1,
adopted 8/8/00; Ord. No. 1959
CCS § 1, adopted 10/12/99; amended by Ord. No. 1949CCS § 4, adopted 7/20/99; added by Ord. No. 1888CCS § 1, adopted 10/28/97)
(a)
(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, 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 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 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:
(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.
(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.
(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:
(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.
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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.
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(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.
(Added by Ord. No. 1888CCS §
1, adopted 10/28/97; amended by Ord. No. 1949CCS § 5, adopted 7/20/99; Ord. No. 1959CCS § 2,
adopted 10/12/99; Ord.
No. 2047CCS § 2, adopted 7/9/02; Ord. No. 2075CCS § 1,
adopted 5-13-03; Ord.
No. 2304CCS § 1, adopted 1/19/10; Ord. No. 2337CCS § 2,
adopted 12/14/10; Ord.
No. 2713CCS § 1, adopted 9/13/22)
(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;
(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:
(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, 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.
(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 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.
(Added by Ord. No. 1888CCS §
1, adopted 10/28/97 ; amended
by Ord. No. 1949CCS § 6, adopted 7/20/99; Ord. No. 2047CCS § 3, adopted 7/9/02; Ord. No. 2145CCS § 1, adopted 11/23/04; Ord. No. 2451CCS § 1, adopted 12/10/13; Ord. No. 2713CCS § 1, adopted 9/13/22)
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:
(b)
No performer shall perform within sixty feet of a community event
unless the community event encompasses one or more City blocks in
which case the performance shall be conducted according to any administrative
regulations issued under this Chapter.
(c)
No performer shall:
(1)
Perform on the Third Street Promenade 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 (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
that same block.
(3)
Perform on the Transit Mall 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 (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 that
same block.
(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.
(7)
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.
(8)
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.
(9)
Perform on the Santa Monica Boulevard segment of the Transit Mall
within twenty feet of the Third Street Promenade.
(Added by Ord. No. 1888CCS §
1, adopted 10/28/97; amended by Ord. No. 1949CCS § 7, adopted 7/20/99; Ord. No. 1959CCS § 3,
adopted 10/12/99; Ord.
No. 2009CCS § 2, adopted 5/22/01; Ord. No. 2028CCS § 2,
adopted 11/13/01; Ord.
No. 2047CCS § 4, adopted 7/9/02; Ord. No. 2075CCS § 2,
adopted 5-13-03; Ord.
No. 2713CCS § 1, adopted 9/13/22)
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)
(b)
No performer shall perform within sixty feet of a community event.
(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.
(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 subsections (c)(1) through (c)(4) of this
Section shall not apply. Administrative regulations issued under this
Chapter may 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)
Disrupt or impede the City's operation of the lottery.
(Added by Ord. No. 1888CCS §
1, adopted 10/28/97; amended by Ord. No. 1949CCS § 8, adopted 7/20/99; Ord. No. 1959CCS § 4,
adopted 10/12/99; Ord.
No. 2017CCS § 1, adopted 7/24/01; Ord. No. 2028CCS § 3,
adopted 11/13/02; Ord.
No. 2047CCS § 5, adopted 7/9/02; Ord. No. 2075CCS § 3,
adopted 5-13-03; Ord.
No. 2145CCS § 2, adopted 11/23/04; Ord. No. 2451CCS § 2,
adopted 12/10/13; Ord.
No. 2713CCS § 1, adopted 9/13/22)
(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.
(Added by Ord. No. 2713CCS §
1, adopted 9/13/22)
The following penalties shall be established for violations
of this Chapter:
(b)
Any person violating Section 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)6.112.050(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 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.
(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.
(Added by Ord. No. 1888CCS §
1, adopted 10/28/97; amended by Ord. No. 1949CCS § 9, adopted 7/20/99; Ord. No. 1959CCS § 5,
adopted 10/12/99; Ord.
No. 2028CCS § 4, adopted 11/13/02; Ord. No. 2047CCS § 6,
adopted 7/9/02; Ord. No.
2075CCS § 4, adopted 5-13-03; Ord. No. 2145CCS § 3,
adopted 11/23/04; Ord.
No. 2337CCS § 3, adopted 12/14/10; Ord. No. 2713CCS § 1,
adopted 9/13/22)
