[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 5-19-2015. Amendments
noted where applicable.]
The City Council of the City of Saratoga Springs finds that
performances by various artists in public places enhance our City's
environment and character. Such artistic efforts are both a valuable
cultural experience and a forum for the expression of ideas in a free
country. This chapter's purpose is to establish regulations that encourage
street performances while preserving, as fully as possible, the reasonable
expectations of citizens to enjoy peace and quiet in their homes,
in their places of business, and in public places.
As used in this chapter, the following terms shall have the
meanings indicated:
To engage in any musical, theatrical, aesthetic or artistic
effort or expression, in a public place, in a manner reasonably intended
to attract the attention of others.
A person who performs.
Any sidewalk, street, park, public way, or other similar
place to which the public has access.
A performer shall not, when performing:
A.
Generate
any sound, either intermittent or constant, that exceeds a measurement
of 75 decibels measured at a distance of 20 feet from the place of
performance.
B.
Perform within 50 feet of the area covered by any special event for which a permit has been issued under City Code Chapter 199A.
C.
Perform
within 10 feet of a street corner, a bus stop sign, a crosswalk, a
curb cut, or a driveway.
D.
Perform
within 10 feet of a designated handicapped parking space.
E.
Perform
within 10 feet of the outer edge of an entrance to a building or structure
at any time that such entrance is open for use by the public or by
persons who may lawfully enter therein.
F.
Perform
at any time earlier than 10:00 a.m., or later than 12:00 midnight
Monday through Friday and 1:00 a.m. on Saturday and Sunday.
G.
Use any
electrical cords.
H.
Use any
flame, smoke, sharp implement, real firearm or replica firearm.
I.
Use any
animal in his or her performance. For purposes of this subsection
the term "animal" shall mean any nonhuman genus or species.
J.
Display
any sign, except that he or she may display one paper or cardboard
sign not larger than 18 inches by 18 inches, in a manner that does
not interfere with pedestrian traffic.
K.
Block or
obstruct the free and safe movement of pedestrians and vehicles through
and across public ways. If a sufficient crowd should gather so that
such free and safe movement is blocked or obstructed, any police officer
or fire inspector shall have authority to direct the performance to
cease or move to another location until safe passage is restored.
In addition to and not in limitation of the regulations in § 205-3 above, no performer who performs in the T-6 Central Business District shall perform on a sidewalk more than 10 feet from the curb, except when his or her performance is included as part of a special event for which a permit has been issued under City Code Chapter 199A.
Any person who violates any provision of this chapter shall, upon conviction, be subject to the fines and penalties set forth in Chapter 1, General Provisions, Article III, of the City Code. The Department of Public Safety is hereby authorized to enforce the provisions of this chapter. The Police Department is authorized to issue appearance tickets in accordance with Article 150 of the Criminal Procedure Law for violations of this chapter.
