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          


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