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 2 of 5
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. 4 of 5
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 5 of 5
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