SNEAK PEAK: Venice Beach Ordinance 42.15 (DRAFT/Comedy Script)
This joke of an ordinance violates people's civil rights by saying if someone wants to set up an easel or table to paint the sunset, they can get a ticket. I really don't know why the City of Los Angeles under Villaraigosa is such a mean-spirited, combative force. IT MAKES NO SENSE WHY THEY ARE SO HELL BENT ON DESTROYING THE CULTURE OF THAT LITTLE STRIP ON VENICE BEACH THAT THE WHOLE WORLD COMES TO ENJOY.
IT IS ONE "MUST SEE" FOR PEOPLE, INTERNATIONALLY...BUT THE DUMB ASS OF A MAYOR WE HAVE JUST DOESN'T GET IT. REMEMBER YOU F-ING LAW BREAKER...THIS IS THE ISSUE THAT BROUGHT ZUMA DOGG INTO CITY HALL...AND IT'S THE ONE THAT JUST PISSED ME OFF AGAIN.
GO BUST SOME ILLEGAL VENDORS ALL OVER YOUR F*CKING STREETS...AND KEEP YOUR CRIMINALLY BEHAVING ASS OFF VENICE BEACH YOU HISTORICAL LAUGHING STOCK TO ALL THOSE WHO YOU CLAIMED TO REPRESENT. AND TAKE THIS CIVIL RIGHTS VIOLATING ORDINANCE AND STICK IT UP YOUR ASS WITH THE REST OF YOUR DECLINING POLITICAL CAREER, MAYOR VILLARGARCIAROSA
ZD, DOWD & HUNT: LOOK WHAT YOU UNLEASHED!!!
SEC. 42.15. VENDING AND EXCESSIVE NOISE ON BEACHES PROHIBITED.
A. Except as specifically exempted in subdivision 3, no person shall engage in vending upon any public beach lands or beach properties adjoining the waterfront of the Pacific Ocean, or upon any immediately adjacent boardwalk, sidewalk or public way between the southerly boundary of the City of Santa Monica and the northerly boundary of the City of El Segundo and between the northwesterly boundary of the City of Santa Monica and the northwesterly boundary of the City of Los Angeles.
1. Findings and Purpose. The City Council of the City of Los Angeles finds and declares as follows: [CLICK READ MORE FOR ENTIRE ORDINANCE DRAFT]
(a) The Venice Beach Boardwalk is a major tourist attraction in the City of Los Angeles, historically significant for its performance and visual artists as well as free speech advocates. Unregulated vending adversely affects the historic character of the Venice Beach Boardwalk by deterring tourists from visiting and shopping along the Boardwalk resulting in an economic and cultural loss to City. Due to its unique characteristics, the Venice Beach Boardwalk requires its own set of rules and regulations different from other public parks in the City;
(b) Unregulated vending along the Venice Beach Boardwalk from tables, pushcarts, stands, or by persons impedes the orderly movement of pedestrian traffic and may make the Boardwalk unsafe for pedestrians by limiting the City's ability to effect crowd management and control;
(c) Unregulated vending along the Venice Beach Boardwalk may impede the ingress and egress of emergency and public safety vehicles by creating physical obstacles to emergency response and administration of aid to those in need of immediate medical attention and to victims of criminal activity;
(d) Revitalization of the Venice Beach Boardwalk requires a vibrant and stable merchant, artist, performer and free speech advocacy community. Unregulated vending could serve to undermine the Boardwalk's commercial life by reducing sales from local merchants thereby eroding the City's tax revenues due to unfair competition, and by offering additional opportunity for the sale of stolen, defective or counterfeit merchandise;
(e) Unregulated vending causes visual clutter/blight along the Boardwalk, impeding views of the beach and the Pacific Ocean threatening the City's ability to attract tourists and preserve businesses along the Boardwalk;
(f) Unnecessary, excessive and annoying noise detrimental to the public health, welfare and safety, and contrary to the public interest, on the Venice Beach Boardwalk harms residents, businesses, and the historic character of the Boardwalk, diminishing the quality of life for those who visit, live or work on or near the Boardwalk;
(g) The amount of space on the Venice Beach Boardwalk that is available for performing and visual artists and for political advocacy is limited due to the size of the Boardwalk and the large crowds of visitors that the Boardwalk attracts. Prior to the City's Board of Recreation and Parks Commission establishing a program for assignment of spaces, there were numerous altercations over the locations and amounts of space that any one person or organization could use. Frequently, the altercations became violent requiring law enforcement response to preserve the public peace. Persons wishing to secure spaces often arrived at the Boardwalk prior to dawn and created loud noises in setting up their displays, thereby disturbing the public peace and requiring law enforcement response. Unregulated, the Boardwalk became a lawless area, where only the strongest and earliest arrivals could secure space to exercise their rights of free expression without threat of intimidation. It is, therefore, necessary to regulate the use of the limited space on the Boardwalk to prevent breaches of the public peace and to allocate the limited space available fairly to all who desire to use it for lawful purposes.
(h) To preserve the Venice Beach Boardwalk’s rich history of fostering new artists, including many of the preeminent artists of the mid to late 20th Century, the City needs to give preference for limited spaces along the Venice Beach Boardwalk to artists who predominantly create their own works of art.
2. Definitions. For purposes of this section, the following words or phrases shall have the following meanings:
(a) Donation. A gift; a voluntary act which does not require anything in return.
(b) Food. Any type of edible substance or beverage.
(c) Goods or Merchandise. Any items that are not food.
(d) Pushcart. Any non-motorized mobile device used to vend.
(e) Vend or Vending. To sell, offer for sale, expose for sale, solicit offers to purchase, or to barter food, goods, merchandise or services in any area from a stand, table, pushcart, motor vehicle, bicycle, or by a person with or without the use of any other device or other method of transportation, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing goods or services, even if characterized by the vendor as a donation.
(f) Vendor. A person who vends. This includes a vendor who is an employee or agent of another.
Inextricably Intertwined Speech Zone (I-Zone). An area on or near the Venice Boardwalk located at the Windward Plaza area and on the Boardwalk south of Navy Street and north of Paloma Avenue, designated by the City in which the City will allocate spaces for the vending of goods that are inextricably intertwined with speech.
Performance/Free Speech Zone (P-Zone). An area on the Venice Boardwalk located south of Paloma Avenue and north of 17th Street, designated by the City in which the City will allocate spaces for performers and speakers, but in which vending shall be prohibited except as provided in paragraph (a) of subdivision 3 of this subsection.
Board. The City’s Board of Recreation and Park Commissioners.
City. The City of Los Angeles, a municipal corporation, acting by or through any of its officers, employees or agencies, including, but not limited to, the City’s Department of Recreation and Parks.
Person. An individual or organization composed of more than one individual.
(l) Program Rules. Rules adopted by the Board consistent with this section.
3. Exemptions from the general prohibition on vending.
P-Zone exemptions. Subject to the permit requirements of subdivision 4:
(i) Any person may vend newspapers, leaflets, pamphlets, bumper stickers, patches or buttons; and
(ii) Performing musicians may sell recordings of their performances; and
(iii) Any person may provide food, goods, merchandise or services free of charge on condition that they shall display in their designated space, fully visible to the public, a placard provided by the City stating “Donations appreciated. No contribution required.”
Vending any item in the P-Zone not exempted by this subdivision is a violation of this section and is subject to the penalties described in subsection D.
(b) I-Zone exemptions. Subject to the permit requirements of subdivision 4:
(i) All exemptions applicable in the P-Zone also apply in the I-Zone; and
(ii) Any person may vend the following items: expressive items which have been created, written or composed by the person, or are inextricably intertwined with the message of the person vending the items. Such items may include, but are not limited to, books, cassettes tapes, compact discs, video digital discs, paintings, photographs and sculptures. For purposes of this paragraph, expressive items shall be deemed to have been created by the vendor only if they have been predominantly authored, performed, recorded, filmed, or otherwise made or assembled by the vendor.
(c) Exemptions applicable to all areas. The following activity may occur in all areas covered by this section, provided that no person may set up a display table, easel, or other furniture, use a pushcart or other vehicle or place any item on the property defined in subsection A except in the P-Zone or I-Zone:
(i) Any person may vend newspapers, leaflets, pamphlets, bumper stickers, patches or buttons; and
(ii) Any person may vend any other item that is inextricably intertwined with speech.
4. Permit System. The Board will designate spaces on the Venice Boardwalk for allocation in the I-Zone and the P-Zone according to rules promulgated by the Board consistent with this section. There shall be at least 120spaces designated in the P-Zone and 100spaces designated in the I-Zone.
(a) Permit Applications for the I-Zone. Any person desiring to occupy an assigned space to vend items in the I-Zone shall file an application for a non-transferable permit with the Department of Recreation and Parks. The application shall require:
(i) The applicant’s name and a mailing address at which the City may provide notice to the applicant;
(ii) A description of the goods or merchandise for which the applicant seeks a permit;
(iii) A declaration that the goods or merchandise for which the applicant seeks a permit are expressive items of the applicant’s own creation or are inextricably intertwined with the message of the applicant.
(b) Permits required for use of space in the I-Zone. No person shall occupy space in the I-Zone unless that person possesses a valid permit issued by the Department of Recreation and Parks. After 12:00 p.m. (noon), any permit holder may use an unoccupied space in the I-Zone subject to all other provisions of this section; provided that if the permit holder to which the space was assigned arrives after noon and requests to use his/her assigned space, the person not assigned the space shall forthwith without delay relinquish the space to the assigned permit holder.
(c) Permits required for assigned spaces in the P-Zone during Peak Season. During the “peak season,” defined as the Saturday before Memorial Day through November 1 of each year, any person desiring to occupy an assigned space shall obtain a permit. An application requesting a peak season permit for the P-Zone shall only require the applicant’s name. P-Zone permits shall not be valid in the I-Zone. During peak season spaces shall be assigned to persons possessing a permit according to the rules promulgated by the Board consistent with this section.
Exception: During peak season after 12:00 p.m. (noon) any person, whether or not a permit holder, may use any unoccupied space in the P-Zone subject to all other provisions of this section; provided that if the permit holder to which the space was assigned arrives after noon and asks to use his/her assigned space, the person not assigned the space shall forthwith without delay relinquish the space to the assigned permit holder.
No person shall alter or reproduce any permit issued pursuant to this section, nor shall any person possess an altered, reproduced or falsified permit document. A violation of this paragraph shall be subject to the penalties described in subsection D.
(e) Conduct subject to administrative enforcement. The Board may adopt rules consistent with this section for space allocation and reasonable time, place and manner regulation of the I-Zone and the P-Zone. Except as provided in paragraph (d) of subdivision 4, violations of rules promulgated by the Board shall be subject to administrative enforcement by the City as follows:
(i) A permit may be revoked in accordance with the Program Rules adopted by the Board for violations of any provision of this section or the Program Rules. Revocation shall occur upon a third violation of a Program Rule, a third violation of the conditions set forth in this section, or a combination of any three violations of the Program Rules or conditions set forth in this section. A notice of violation of the Program Rules may be appealed to the Department of Recreation and Parks District Supervisor. Revocation of a permit may be appealed to a three-person board consisting of: a representative from the Park Advisory Board designated by the Board of Recreation and Park Commissioners; a member of the Venice Neighborhood Council appointed by the Neighborhood Council; and, the General Manager of the Department of Recreation and Parks or the General Manager's designee. No action of the three-person board may be taken by less than a majority of its members. The conclusion of the applicable appeal process shall constitute an exhaustion of administrative remedies pursuant to California Code of Civil Procedure Section 1094.5.
(ii) Only those persons who obtain I-Zone permits may invoke the administrative appeals process described in subparagraph (i) of this paragraph. Persons vending without a permit in the I-Zone shall be subject to the penalties described in subsection D.
5. Conduct subject to criminal penalties. Conduct in the P-Zone or the I-Zone prohibited by the following paragraphs shall be subject to the penalties described in subsection D:
(a) No person shall place or allow anything in any designated space that extends beyond the boundaries of the designated space.
(b) No person shall place or allow any item (except an umbrella or other sun shade) exceeding four feet above ground in any designated space, nor shall any person cause or allow a designated space to be enclosed on more than two sides.
(c) No person occupying a space shall leave such space for a period longer than 45 minutes without first removing all items therefrom.
(d) No person shall occupy more than a single space at any given time, nor shall any person, business or group solicit another person to obtain or occupy a space on their behalf.
(e) No person shall purchase, sell, barter or exchange any assigned space with any other person.
B. Use of City Property Prohibited. No person shall use any City-owned or maintained street furniture or structure, including but not limited to, any bench, planter or trash receptacle installed on public property, in connection with their artistic performance or for the display of anything whatsoever.
1. No person, group or business shall create any noise, or allow the creation of any noise, which causes the noise level to exceed the following Lmax levels between 9:00 a.m. and sunset:
(a) 85 dBA, when measured at a minimum distance of twenty-five feet from the source of the noise;*or,
(b) 107 dBA, when measured at a minimum distance of one foot from the source of the noise.*
*These numbers will change depending on the conditions of the Boardwalk as noise levels will vary depending on the number of people on the Boardwalk. The City’ noise abatement team is currently in the process of measuring noise levels at the Boardwalk both at peak hours and when the Boardwalk is not crowded.
2. Nothing in this section shall be construed as prohibiting the City from enforcing other provisions of this Code relating to noise.
3. No person or business on either the east or west side of the Boardwalk shall utilize any speaker or sound reproduction system at a volume that exceeds 70 dBA, when measured inside the premises of another building or structure while the doors and windows to the premises are closed.
4. No person or business shall interfere with or resist the taking of any noise measurement authorized by this section.
5. No person shall use a speaker on the public property described in subsection A unless it is placed on the ground and is no more than three feet in height.
D. Violations. Except as provided in paragraph (e) of subdivision 4 of subsection A, any person violating a provision of this section shall be guilty of the following:
1. First offense. Infraction.
2. Second offense. Infraction.
3. Subsequent offenses. The violation of any provision which would otherwise be an infraction shall be a misdemeanor if the person who has violated such provision has previously been convicted of two or more violations of this section within the 24-month period immediately preceding the current offense. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.
E. Opening and Closing Hours. No person shall engage in activities not otherwise prohibited by this section between the hours of 10:30 p.m. and 9:00 a.m.
F. Posted Notice. The City shall post signs in the P- Zone and the I-Zone providing notice of the rules of use of each Zone consistent with this section.
Labels: mayor antonio villaraigosa