New, Revised (DRAFT) Ocean Front Walk Ordinance
ORDINANCE NO. _____
An ordinance amending Section 42.15 of
the Los Angeles Municipal Code to require that the public expression activities
allowed by that section be exercised in designated spaces on the Venice Beach
Boardwalk, and that the use of those designated spaces be regulated by a permit
process.
WHEREAS, the Boardwalk at Venice Beach is
world-famous for its free performances and public expression activities; a
tradition that is maintained pursuant to Los Angeles Municipal Code (LAMC)
Section 42.15, which prohibits commercial vending;
WHEREAS, recent improvements completed
to the Boardwalk have made the area even more popular with visitors than ever
before, and the number of persons wishing to perform, show their paintings,
sculptures or photographs, or otherwise exercise their right to public
expression also has increased, creating problems in noise, crowd control and
competition for space among those wishing to legally perform, exhibit, or
otherwise engage in expressive activity on the
Boardwalk;
WHEREAS, to alleviate noise,
control crowds, provide for emergency ingress and egress for health, safety and
law enforcement purposes, allocate available space on the Boardwalk in an
equitable manner that balances the uses of visitors, businesses and residents
located adjacent to the Boardwalk with those wishing to reserve space for the
legal exercise of their public expression activities, and to provide for public
access to and enjoyment of the Boardwalk and Venice Beach, the Department of
Recreation and Parks has adopted a permit program to organize and regulate the
activities allowed on the Boardwalk by LAMC Section 42.15;
and
WHEREAS, for purposes of
enforcement, and to make certain violations of the permit regulations punishable
as misdemeanors, the City desires to codify those violations of the permit
program included in this
ordinance,
NOW
THEREFORE,
THE PEOPLE OF THE
CITY OF LOS
ANGELES
DO ORDAIN AS
FOLLOWS:
Section 1. A new Subsection D
is added to Los Angeles Municipal Code Section 42.15 to
read:
D. No person shall receive any
payment or accept any donation in connection with any activities not otherwise
prohibited by this Section unless that person holds a valid “Public
Expression Participant Permit” issued pursuant to the program adopted by
the Board of Recreation and Park Commissioners on October 1, 2003, as that
program may be amended by the Board from time to time. The permit is not
transferrable and the permittee must be present in the permitted space at all
times that permitted activity is occurring. No person shall place or allow
anything within the permitted space that extends beyond the boundaries of the
permitted space (20 feet by eight feet for performers, and ten feet by eight
feet for all others), nor shall the permit holder conduct any activities
requiring a permit outside the boundaries of the permitted space. No person
shall set up, take down or use a permitted space between sunset and 9:00 a.m. No
person shall place or allow any item exceeding four feet above ground in the
permitted space, nor shall any item placed in the permitted space have more than
two sides. No person shall alter or reproduce any permit issued pursuant to the
program, nor shall any person possess an altered, reproduced or falsified permit
document.
The permit may be revoked in
accordance with the program adopted by the Board of Recreation and Park
Commissioners for violations of the program rules. Revocation shall occur upon a
third violation of a program rule or upon any single violation of the conditions
set forth in this Subsection. 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 3-person board consisting of a
representative from the Park Advisory Board designated by the Board of
Recreation and Park Commissioners, a community member appointed by the
Councilmember of the District and the General Manager of the Department of
Recreation and Parks or the General Manager’s designee. The conclusion of
the applicable appeal process shall constitute an exhaustion of administrative
remedies pursuant to California Code of Civil Procedure Section
1094.5.
Sec. 2. Subsection C of
Section 42.15 shall be redesignated Subsection E and moved to the end of the
Section.
Sec. 3. The two unlettered
paragraphs of Section 42.15 shall be redesignated Subsection C. The word
“applicable” in the first sentence of the first paragraph shall be
replaced with the word
“construed.”
Sec. 4. The
effective date of this Ordinance shall be
,2004.
Sec. 4. The City Clerk shall
certify to the passage of this ordinance and have it published in accordance
with Council policy, either in a daily newspaper circulated in the City of Los
Angeles or by posting for ten days in three public places in the City of Los
Angeles: one copy on the bulletin board located in the Main Street lobby to the
City Hall; one copy on the bulletin board located at the ground level at the Los
Angeles Street entrance to the Los Angeles Police Department; and one copy on
the bulletin board located at the Temple Street entrance to the Los Angeles
County Hall of Records.
I hereby
certify that this ordinance was passed by the Council of the City of Los
Angeles, at its meeting of . J. MICHAEL CAREY, City
Clerk
By Deputy Approved
Mayor Approved as to Form and
Legality
ROCKARD J. DELGADILLO, City
Attorney
Posted: Sun - February 1, 2004 at 06:28 PM