City of Buffalo, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Derived from Art. XIV of Ch. V of the Charter and Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 75.
Parks and other open spaces — See Ch. 309.
Obscenity — See Ch. 299.
Peace and good order — See Ch. 313.
Streets and sidewalks — See Ch. 413.
[Amended 12-9-2003, effective 12-19-2003]
No person shall perform magic, act, sing, dance, play music, act as a mime, juggle or engage in similar entertainments upon the streets, sidewalks or other outdoor public places of the City without first obtaining a license to do so from the Commissioner of Permit and Inspection Services.
[Amended 12-9-2003, effective 12-19-2003]
Application for such licenses shall be made upon a blank form furnished by the Commissioner of Permit and Inspection Services, signed and verified, giving the name, address and telephone number of the applicant. Said application shall be filed with the Commissioner of Permit and Inspection Services and accompanied by a fee as provided in Chapter 175, Fees.
A. 
The license shall be effective for one year from its date of issuance.
B. 
It shall contain the name and permit number of the applicant and the date of expiration.
C. 
No such license shall be transferred from one person to another.
[Amended 12-9-2003, effective 12-19-2003]
In his discretion, the Commissioner of Permit and Inspection Services may issue licenses free of charge to indigent persons. Any such free license shall expire 30 days after the date of its issuance unless sooner revoked.
All licensees shall be furnished a copy of this chapter, together with a list of areas and places where performances are restricted.
All persons licensed hereunder shall display their licenses at all times during the street performances.
A. 
Performances regulated hereunder may take place in public areas, unless excluded by § 319-9 of this chapter. Performances may take place on private property upon written permission of the owner or other person having charge of such property. Performances may take place at a fair or public festival authorized under this Code upon written permission of the sponsor thereof.
B. 
Performances shall be restricted to the following hours: 8:00 a.m. to 10:00 p.m. on Mondays through Thursdays; 8:00 a.m. to 11:00 p.m. on Fridays; 10:00 a.m. to 11:00 p.m. on Saturdays; 2:00 p.m. to 10:00 p.m. on Sundays, except that in those areas known as the "Theater District" and the "Pedestrian Mall," performances may occur between the hours of 9:00 a.m. and 1:30 a.m.
A. 
Amplified equipment. A performer licensed hereunder may use amplified equipment only with permission therefor from the Commissioner of Permit and Inspection Services. Such permission must be noted on the face of the license. Amplified equipment shall be battery-powered only and shall be audible for a distance not to exceed 100 feet.
[Amended 12-9-2003, effective 12-19-2003]
B. 
Passage of public. No licensee shall perform so as to block the passage of the public through a public area, unless permitted to do so at a fair or public festival by the sponsor thereof. The Commissioner of Police is hereby authorized to disperse a crowd or portion thereof which is blocking the passage of the public but shall not order the licensee to quit the location absent a violation of this Code or other statute, rule or regulation.
C. 
Distance requirements.
(1) 
No licensee shall perform at a distance of closer than 50 feet to another licensee or group of licensees engaged in a performance.
(2) 
No licensee shall perform at a distance of closer than 50 feet to a restricted area as determined by the Common Council, Commissioner of Police or as delineated by a posted sign.
D. 
Contributions. A licensee may accept contributions at a performance in a hat, instrument case or other receptacle. All signs requesting contribution shall be limited in size to 12 inches by 11 inches.
A. 
The Commissioner of Police may exclude a public area from performances for a period not to exceed seven days if, in his discretion, such exclusion is necessary or desirable for the public health, safety or welfare.
B. 
Upon the written recommendation of the Commissioner of Police, the Common Council may conduct a public hearing to determine whether a public area should be excluded from performances by persons licensed under this chapter. The Common Council shall determine whether the public health, safety or welfare would require such an exclusion and may exclude any public area from performances. No such exclusion shall be effective until seven days after notice thereof has been mailed to all licensees.
A. 
A license issued hereunder may be suspended or revoked by the Common Council for cause after notice and an opportunity for a hearing have been afforded the licensee.
B. 
Upon revocation, the former licensee may be restricted from application for a license for such time as the Common Council may determine but no longer than one year.