[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights 5-1-2002 by Ord. No. 2002-11. Amendments
noted where applicable.]
GENERAL REFERENCES
Mercantile establishments — See Ch. 122.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any clown, mime, musician, magician, or any other
individual engaged in an artistic expressive activity in a public
area for the purpose of entertaining the general public.
[Amended 3-21-2012 by Ord. No. 12-02]
No street performer shall conduct his or her
performance upon the boardwalk without first obtaining a permit from
the Borough Clerk. Such permits shall be issued annually, on a first-come-first-serve
basis, upon presentation of a valid form of identification and payment
of a permit fee. Such permits shall be valid only during the year
in which they are issued, and the number of permits issued during
any given year shall not exceed 25.
This chapter regulates the manner in which street
performers may perform in the public areas of the Borough of Seaside
Heights.
A.
A street performer shall conduct his or her performance
in a place and manner so as to not restrict the flow of vehicular
or pedestrian traffic. If performing upon the boardwalk, a performer
shall be located on the eastern side of the boardwalk and shall not
be located within 25 feet of any entrance or exit to the beach, the
boardwalk, or any business or public building.
B.
Where two or more street performers are present in
a common area, they shall be spaced no less than 50 feet apart, unless
engaged in a joint performance. If a performer is located within 50
feet of another performer, or cannot conduct a performance in a location
without blocking the passage of the public, the street performer shall
leave the location upon notification by a police officer or other
Borough official. The performer may then move his or her performance
to another location in conformance with this chapter.
C.
Street performers may conduct performances between
the hours of 12:00 noon and 10:00 p.m.
D.
Street performances are prohibited during the Memorial
Day, July 4, Labor Day and Clownfest weekends due to the extremely
high volume of vehicular and pedestrian traffic historically encountered
within the Borough at such times.
E.
Notwithstanding the provisions of Subsection D, the Borough Council may by a majority vote designate other times or dates during which performances may be restricted or prohibited in order to protect the public interest.
F.
No street performer may sell any merchandise without first obtaining a permit for same pursuant to § 122-19 et seq.
G.
No street performer shall include any activity which
is inimical to the health, safety and welfare of the general public.
Examples include but are not limited to activities involving fire,
flammable liquids, knives or swords.
A.
Any person violating or failing to comply with any
other provision of this chapter shall, upon conviction thereof, be
punishable by a fine of no less than $100 and no more than $1,000,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days, or any combination of fine, imprisonment and community
service, as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
