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;
(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;
(9) 
Within ten feet of the outer edge of any entrance to any residence;
(10) 
Within twenty feet of the outer edge of any stairs or ramp on the south side of the Pier;
(11) 
Within ten feet of the outer edge of any roadway leading to the Pier;
(12) 
On the wooden landing or wooden walkways immediately north of the Pier.
(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 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 and removed all at once within three minutes.
(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.
(Added by Ord. No. 1888CCS § 6, adopted 10/28/97; amended by Ord. No. 1949CCS § 10, adopted 7/20/99; Ord. No. 2028CCS § 5, adopted 11/13/02; Ord. No. 2047CCS § 7, adopted 7/9/02; Ord. No. 2075CCS § 5, adopted 5-13-03; Ord. No. 2145CCS § 4, adopted 11/23/04; Ord. No. 2337CCS § 4, adopted 12/14/10)
Individuals and businesses shall comply with all of the following noise levels and standards of this Section:
(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.-7:00 p.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.-10:30 p.m.
85 dBA*/107 dBA**
Sat/Sun
12:01 a.m.-1:30 a.m.
65 dBA*/87 dBA**
*
When measured at a minimum distance of twenty-five 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.
(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.
(f) 
Amplified sound shall not be unreasonably loud, raucous, jarring or disturbing to persons of normal sensitiveness within the area of audibility.
(Added by Ord. No. 1888CCS § 6, adopted 10/28/97; amended by Ord. No. 2009CCS § 3, adopted 5/22/01; Ord. No. 2047CCS § 8, adopted 7/9/02; Ord. No. 2075CCS § 6, adopted 5-13-03; Ord. No. 2145CCS § 5, adopted 11/23/04; Ord. No. 2337CCS § 5, adopted 12/14/10)
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.
(Added by Ord. No. 1888CCS § 6, adopted 10/28/97; amended by Ord. No. 1949CCS § 15, adopted 7/20/99; Ord. No. 1959 CCS § 8, adopted 10/12/99)
No person authorized to vend pursuant to Section 6.36.030(f) and (g), or any successor legislation, may on the Third Street Promenade or the Transit Mall:
(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 or 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 east/west 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 east/west direction;
(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 any one 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. 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;
(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.
(Added by Ord. No. 1949CCS § 12, adopted 7/20/99; amended by Ord. No. 1959CCS § 6, adopted 10/12/99; Ord. No. 2028CCS § 7, adopted 11/13/02; Ord. No. 2047CCS § 9, adopted 7/9/02; Ord. No. 2075CCS § 7, adopted 5-13-03; Ord. No. 2145CCS § 6, adopted 11/23/04; Ord. No. 2337CCS § 6, adopted 12/14/10)
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 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 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.
(Added by Ord. No. 1949CCS § 13, adopted 7/20/99; amended by Ord. No. 1959CCS § 7, adopted 10/12/99; amended by Ord. No. 2017CCS § 3, adopted 7/24/01; amended by Ord. No. 2028CCS § 8, adopted 11/13/02; Ord. No. 2047CCS § 10, adopted 7/9/02; Ord. No. 2075CCS § 8, adopted 5-13-03; Ord. No. 2145CCS § 7, adopted 11/23/04)
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, 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.
(Added by Ord. No. 2145CCS § 8, adopted 11/23/04)
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 6.116.010(a)(1), (b), (c), or (d), 6.116.030(b) after midnight, 6.116.060(f) or 6.116.070(c), 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 who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code.
(d) 
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. 1949CCS § 14, adopted 7/20/99; amended by Ord. No. 2028CCS § 9, adopted 11/13/02; Ord. No. 2047CCS § 11, adopted 7/9/02; Ord. No. 2075CCS § 9, adopted 5-13-03; Ord. No. 2145CCS § 9, adopted 11/23/04; Ord. No. 2337CCS § 7, adopted 12/14/10)