Santa Monica Police Officers with the Unpermitted Vendors Task Force arrest a vendor at the Santa Monica Pier on Monday, January 17, 2021. The unpermitted vendor was arrested for Santa Monica Municipal Code 3.36.290, Prohibition on use of combustible fuels in and around pier. (audio volume was turned down to avoid infringement due to loud copyright music blaring from Pacific Park's speakers)
(a) No person shall use any combustible fuel, including, but not limited to, propane, butane, any other liquid gas, kerosene, sterno, charcoal, or wood, on the Santa Monica Pier, including the Pier Bridge, or within twenty-five feet of the Santa Monica Pier, for any purpose involving the fuel’s combustion, including, but not limited to, heating, lighting, or cooking, without first obtaining a permit from the Fire Marshal.
(b) The Fire Marshal or designee may promulgate regulations to implement the provisions of this Section. No person shall fail to comply with any such regulation.
(c) Any person violating this Section, or any regulation promulgated under this Section, shall be guilty of an infraction, which shall be punishable by a fine not exceeding five hundred dollars per violation, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. This Section and any regulations promulgated under this Section shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of this Code, the amount of the fine for a violation of this Section, or any regulation promulgated under this Section, shall be as follows, subject to modification by the City Council by resolution: two hundred fifty dollars for a first violation; five hundred dollars for a second violation committed within one year of the first violation; and one thousand dollars for a third or subsequent violation committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of this Section, or any regulations promulgated under this Section, constitutes a separate violation and may be charged and punished separately.
(d) The City may impound combustible fuel being used in violation of this Section, together with the storage tank or other storage receptacle in which that combustible fuel is held. The City may immediately dispose of impounded combustible fuel that cannot be safely stored and may dispose of impounded abandoned materials in accordance with administrative regulations. The Fire Marshal or designee shall promulgate regulations regarding impound and storage procedures and the disposal of abandoned impounded materials. The City Council may by resolution adopt impound fees, which shall reflect the City’s enforcement, investigation, storage, and impound costs. No person shall retrieve impounded materials without paying applicable impound fees and demonstrating proper proof of ownership. (Added by Ord. No. 2681CCS § 1, adopted 8/24/21)
Street vending is restricted on the Santa Monica Pier. Prior to enforcement, the City of Santa Monica has been educating and warning the unpermitted street vendors for several months.
All vendors need a City of Santa Monica business license and vending permit to sell any items in the City, and vendors selling food must also obtain and display a Los Angeles County Department of Public Health permit.
As part of the City’s program, sidewalk vending is restricted in certain congested, high-traffic areas to protect public safety. This includes on and around the Pier, where all vending is prohibited except the City’s existing licensed vendor cart program, and the beach, Third Street Promenade, and Palisades Park, where stationary vending is not permitted.
In addition, a new ordinance passed on August 24, 2021, prohibits any person from using any combustible fuel (including propane, butane, any other liquid gas, kerosene, steno, charcoal or wood) on the Pier (including the Pier Bridge) or within 25 feet of the Pier, for any purpose involving the fuel’s combustion including heating, lighting, or cooking without a permit from the Fire Marshal.
Violations of the new ordinance may be handled as infractions, misdemeanors, or through issuance of administrative citations, in addition, combustible fuels used in violation of the new ordinance will be subject to impound by the Fire Marshal.