The sidewalk musician regulations as established in this article
are designed to allow for sidewalk musicians on public property on
the terms and conditions as specified in this article and to promote
and protect the public health, safety and general welfare. These general
goals include, among others, the following specific purposes:
A. To allow for sidewalk musicians in a specified area of Main Street
and to establish regulations for such musicians so that the public
can enjoy the music and the music does not negatively impact the residents
on Main Street who reside above the commercial establishments on the
first floor.
B. To promote sidewalk musicians as an amenity to the restaurants and
other businesses on Main Street and throughout the Village.
C. To preserve and enhance the character of the Restricted Retail (RR)
District.
For the purpose of this article, the following terms shall have
the following meanings:
SIDEWALK
Any area between the curbline and a structure, whether publicly
or privately owned, which is used by the public or open to use by
the public.
SIDEWALK MUSICIAN
One person playing a musical instrument without amplification
on the sidewalk.
The Village Administrator shall grant or deny an application
for a permit pursuant to this article within 14 days of its complete
submission.
Upon a finding by a Village Code Enforcement Officer that the
applicant has violated any provision of this article or the terms
and conditions of the permit, the Code Enforcement Officer shall give
notice to the applicant to correct such violation or cease such practice
within 24 hours. If the applicant fails to comply with such notice,
the Code Enforcement Officer may suspend the permit for a period not
in excess of 30 days, during which time the applicant shall be entitled
to a hearing before the Village Administrator, at which the applicant
may be represented by counsel, to present evidence in his or her behalf
and confront the evidence against him or her. If, upon considering
the evidence presented at the hearing, the Village Administrator adheres
to the finding, the Village Administrator may reinstate the permit
with additional conditions related to the violation or improper practice
which has been found or revoke the permit and forfeit the applicant's
cash deposit.
Neither the adoption of this article nor the granting of any
permit pursuant hereto shall be construed as a waiver of any right,
privilege or immunity of the Village of Tarrytown with respect to
streets and sidewalks, whether express or implied.
Any person who shall violate any of the provisions of this article
shall be liable to prosecution in the Village Justice Court and may,
upon conviction thereof, be liable to a fine that shall not exceed
$500, imprisonment for not more than 15 days for each such offense,
or both such fine and imprisonment.