ORDINANCE NO

Transcription

1 AN ORDINANCE OF THE CITY OF SANTA CRUZ REPEALING CHAPTERS 5.42 AND 5.43 OF THE SANTA CRUZ MUNICIPAL CODE AND ADDING A CHAPTER 5.81 ENTITLED VENDING AND DISPLAY DEVICES ON CITY PROPERTY BE IT ORDAINED by the City Council of the City of Santa Cruz as follows: 1. In certain high traffic areas of the City of Santa Cruz, and especially on Pacific Avenue, it has recently become common for unregulated commercial vendors to set up tables on City sidewalks and streets, thereby creating an open, unregulated market to sell goods. 2. Unregulated sidewalk commercial vending adversely affect the historic character of Pacific Avenue, and hampers rather than encourages performances, visual artists, and other free speech activity. 3. Tourists are deterred from visiting or shopping in the City of Santa Cruz as they are constantly approached, solicited, and sometimes harassed by unregulated commercial vendors. 4. Tables, pushcarts, stands, and certain equipment of commercial vendors impede the orderly movement of pedestrian traffic may make certain areas unsafe for pedestrians by limiting the City s ability to effect crowd management and control. Additionally, equipment of vendors contributes to visual clutter and blight. 5. Unregulated commercial vending has resulted in the sale of stolen, defective, or counterfeit merchandise. 6. Unregulated commercial vending has resulted in activities that are illegal and harmful to human health, including the sale of illegal narcotics. 7. For all of the reasons set out above, the City desires to, in certain high traffic areas, limit the use of display devices to certain exempt zones and also prohibit purely commercial vending on the streets and sidewalks. In light of the facts and circumstances referenced above, BE IT ORDAINED by the City of Santa Cruz that Chapters 5.42 and 5.43 of the Santa Cruz Municipal Code are hereby repealed, and the following Chapter 5.81, entitled Vending and Display Devices on City Property is added to the Santa Cruz Municipal Code PURPOSE The purpose of this Chapter is, for certain named high traffic areas within the City of Santa Cruz, to:

2 (a) Encourage traditional expressive speech and petitioning activities and performances, by banning Commercial Vending, and thus, making more room for inherently expressive activities; (b) Protect public health, safety, and welfare by preventing overcrowding and trip and fall hazards; (c) Prevent the visual clutter and blight associated with unregulated vending and the display of goods; (d) Encourage tourism, shopping, and commerce by making certain areas walkable and visually appealing; (e) Discourage the sale of stolen, defective, or counterfeit merchandise associated with unregulated Commercial Vending; (f) Discourage the sale of narcotics which is associated with unregulated Commercial Vending; and, (g) Provide clear enforcement guidelines DEFINITIONS For the purpose of this chapter, the following words and phrases are defined as follows: (a) The term Commercial Vending means to sell, offer for sale, expose or display 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 to require someone to pay a fee or to set, negotiate, or establish a fee before providing food, goods, merchandise, or services, even if characterized by the vendor as a donation. This definition of Commercial Vending includes the practice of providing, free of charge, an item which may not be vended, in exchange for the purchaser purchasing an item which may be vended as a condition for receiving the free item. This definition of Commercial Vending does not include: (i) Traditional expressive speech and petitioning activities, and the distribution of the following expressive items: newspapers, leaflets, pamphlets, bumper stickers, patches, and/or buttons. (ii) The vending or distribution of the following items, which have been created, written or composed by the vendor or performer: books, audio, video, or other recordings of their performances, paintings, photographs, prints, or any other item that is inherently communicative and is of nominal value or utility apart from its communication. Although an item may have some expressive purpose, it will be deemed to have more than nominal utility apart from its communication if it has a common and dominant non-expressive purpose. Examples of items that have more than nominal utility apart from their communication, and thus, are subject to the 2

3 Commercial Vending ban under the provisions of this chapter, include but are not limited to, the following: food, housewares, appliances, articles of clothing, hats, scarves, sunglasses, auto parts, oils, incense, perfume, crystals, rocks, geodes, lotions, candles, jewelry, jewelry holders, toys, stuffed animals, glass and metal pipes, and any vaping device. (iii) A Performance, which is hereby defined to mean: the act of engaging in any of the following activities: playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, engaging in magic, creating visual art in its entirety, presenting or enacting a play, work of music, physical or mental feat, or other constitutionally protected entertainment or form of expression. The term Performances shall not include: (a) The application of substances to others bodies, including but not limited to, paints, dyes, and inks; (b) The provision of personal services such as massage or hair weaving, cutting, or styling; (c) the completion or other partial creation of visual art; (d) the creation of visual art which is mass produced or produced with limited variation; or (e) the creation of handcrafts, such as weaving, carving, stitching, sewing, lacing, and beading objects such as jewelry, pottery, silver work, leather goods, and trinkets. (b) Display Device means a freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding or displaying tangible things, together with any associated seating facilities. Display device does not include any street furniture such as benches or planters, any other structure permanently installed by the city of Santa Cruz or with the consent of the city of Santa Cruz, or newsracks placed in conformity with the provisions of this code regulating newsracks. (c) Exempt Zones means a clearly marked area where Display Devices may be placed on streets and sidewalks. The City Council may establish Exempt Zones, as set out in Section , below APPLICATION The rules stated in this Chapter shall apply to the following places: (a) (b) (c) (d) (e) on the streets or sidewalks of West Cliff Drive between Columbia Street and Beach Street; on the streets of sidewalks of Beach Street between West Cliff Drive and Third Street; on the vehicle and pedestrian thoroughfares of the Santa Cruz Municipal Wharf or on the Municipal Wharf s South End, Commons, and Agora; on the parcel of property abutting the ocean side of Beach Street between Westbrook and Cliff Streets (Assessor s Parcel No ); on the Beach Street Promenade Deck; or 3

4 (f) (g) (h) on the streets of sidewalks of Beach Street, between the Municipal Wharf and Third Street; on the streets or sidewalks of Pacific Avenue; and on the streets or sidewalks of the side streets, alleys, and surface parking lots one block in either direction from Pacific Avenue, between Laurel and Water Streets DISPLAY DEVICES AND EXEMPT ZONES (a) Except for in Exempt Zones, or unless specifically permitted by another part of this Municipal Code, no person shall place, erect, maintain, or cause to be placed, erected, or maintained a Display Device on City property, in any of the areas listed in Santa Cruz Municipal Code section (b) The City Council, by resolution, may from time to time designate Exempt Zones where Display Devices may be placed on City streets and sidewalks at locations where placement would ordinarily be prohibited. In designating an Exempt Zone, the City Council shall first determine that the placement of Display Devices in the Exempt Zone will not impede or interfere with the safe, orderly, and adequate public access and pedestrian traffic on city streets and sidewalks. (c) This section shall not be construed as prohibiting events that are conducted pursuant to, and in accordance with, Chapters and of this code CONDUCT IN EXEMPT ZONES (a) No person, using a Display Device, shall allow a Display Device and its contents to remain in the same location on the sidewalk for a period of time exceeding one hour. After one hour, the person who placed, maintained, or controlled a Display Device shall not place a Display Device in the original Display Device location, or within one hundred feet of the original Display Device location, for twenty-four hours. The specific Display Device and its contents also shall not be placed in the original Display Device location, or within one hundred feet of the original Display Device location, for twenty-four hours (b) Display Devices in Exempt Zones shall be at least eighteen (18) inches in height, except that musicians and others engaged in Performances may place a hat, guitar case, or other receptacle directly on the ground to collect donations. (c) No person shall place, erect, or maintain a Display Device in an area for which a special event permit has been issued for a specific time or during periods in which Safety Enhancement Zones are in effect. (d) No person in an Exempt Zone may be accompanied by or in the custody or possession of a dog. (e) A Display Device may not exceed six feet in height. 4

5 (f) Neither a Display Device, nor personal items, nor the person(s) with custody of the Display Device may protrude onto the sidewalk beyond the performance space or tabling space in which the display device is permitted. (g) No person may lay a cloth, tarp, or other similar material on the ground in an Exempt Zone. (h) Except for (i) Display Devices and associated seating, (ii) hats, guitar cases, and other receptacles intended for collecting donations, (iii) personal belongings wholly contained underneath a table, no person may set down any item directly on the sidewalk or street in an Exempt Zone COMMERCIAL VENDING Whether inside an Exempt Zone or outside of an Exempt Zone, it shall be unlawful for any person or organization to engage in Commercial Vending, as defined above, in any of the areas listed in Santa Cruz Municipal Code section This section shall not be construed as prohibiting commercial events or noncommercial events in the foregoing designated areas which are conducted pursuant to, and in accordance with, Chapters and of this code BENCHES AND STREET FURNITURE No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, merchandise, or services. This provision shall apply to the areas listed in Santa Cruz Municipal Code section DISPLAY OF GOODS ON DIRECTLY ON SIDEWALKS OR STREET (a) No person, for the purpose of displaying items for sale or for some other form of distribution, even if characterized as a donation, may lay cloths, tarps, or other similar materials directly upon the street or sidewalk. This provision shall apply to the areas, both inside of Exempt Zones and outside of Exempt Zones, listed in Santa Cruz Municipal Code section (b) No person may place food, goods, or merchandise directly on the sidewalk or street, so as to display those items for sale or for some other form of distribution, even if characterized as a donation. This provision shall apply to the areas, both inside of Exempt Zones and outside of Exempt Zones, listed in Santa Cruz Municipal Code section VIOLATIONS 5

6 Any person who violates this chapter is guilty of an infraction for the first offense. Any subsequent violation of this chapter occurring within six months after the first violation shall constitute a misdemeanor. At the discretion of the city attorney, said violation may be prosecuted as an infraction. In addition to any other available remedies and penalties, any violation(s) shall be subject to the remedies and penalties provided for in Title 4 of this code. PASSED FOR PUBLICATION this 10th day of May, 2016, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Councilmembers ATTEST: ss/bren Lehr, City Clerk Administrator APPROVED: ss/cynthia Mathews, Mayor PASSED FOR FINAL ADOPTION this 24th day of May, 2016, by the following vote: AYES: Councilmembers NOES: ABSENT: DISQUALIFIED: ATTEST: APPROVED: City Clerk Administrator Mayor _ This is to certify that the above and foregoing document is the original of Ordinance No and that it has been published or posted in accordance with the Charter of the City of Santa Cruz City Clerk Administrator 6