[Added 10-18-2016 by Ord.
No. 13-2016[1]]
The Borough finds that the existence in the Borough of street
performers provides a public amenity that enhances the character of
the Borough. The Borough seeks to regulate such performances so that
they do not interfere with the quiet enjoyment of residents, public
safety, and the ability of businesses to conduct their businesses
uninterrupted. This article seeks to balance the interests of the
street performers with those of the residents, businesses, visitors,
and institutions of the Borough.
As used in this article, the following terms have the meanings
indicated:
Any noise which endangers, would endanger or is likely to
endanger, or injures, would injure or is likely to injure, the safety
or health of humans or animals, annoys, would annoy or is likely to
annoy, or disturbs, would disturb or is likely to disturb, a reasonable
person of ordinary sensibilities; endangers, would endanger or is
likely to endanger, or injures, would injure or is likely to injure,
personal or real property; disturbs, would disturb or is likely to
disturb the peace; or creates, would create or is likely to create
a nuisance.
Those public sidewalks, parks and playgrounds constituting
public space and public rights-of-way, as those terms are defined
in this article.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place which is owned or controlled by a governmental entity.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures; pumping stations; telephone exchanges
and repeater stations; and all other facilities, equipment and structures
necessary for conducting a service by a government or utility service.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
A person who has registered with the Borough for purposes
of street performing, pursuant to this article.
Includes, but is not limited to, performing the following
performance-art-related activities while recommending, requesting,
accepting or soliciting contributions, money, property, and/or any
other form of consideration or compensation from the general public:
acting, singing, playing musical instruments, pantomime, juggling,
magic, dancing, reading aloud, puppetry, and reciting and when observable
from any public area. Street performing shall not include the production
of items for sale.
No person may engage in street performing without registering
with the Borough pursuant to and in accordance with this article.
A.
An individual seeking to engage in street performing, as defined
in this article, shall register with the Borough. Upon receipt of
a complete registration form, the Borough shall issue a street performing
registration card, which shall be valid as of the date on which it
is issued.
B.
A street performing registration card shall be nontransferable and
shall contain the registration number of the street performer and
the year in which the registration card was issued.
C.
Each member of any group of street performers who perform together
shall be required to individually register with the Borough, as well
as maintain individual registration cards (as though each street performer
was performing individually).
D.
Upon the street performer's registering with the Borough for
street performing, the Borough shall also give the street performer
a copy of this article.
E.
If a street performer loses his or her registration card, replacement
registration cards may be obtained from the Borough for a fee, as
established by resolution of Council.
A street performer shall clearly display his or her Borough-issued
registration card while performing and shall allow inspection of the
registration card by any authorized Borough employee, agent, or representative
upon request.
A.
Street performances may take place only in the following locations:
(1)
Within that geographic area otherwise known and designated pursuant
to applicable law as the Borough's Town Center (TC) Zoning District;
and
(2)
Within that geographic area otherwise known and designated pursuant
to applicable law as the Borough's Institutional (IS) Zoning
District; and
(3)
In public areas where an authorized street fair or public festival
is being conducted, provided that the street performer obtains the
written permission of the sponsor of such fair or festival. When such
events are sponsored by the Borough, permission to perform at the
event must be obtained from the Borough.
B.
Notwithstanding anything to the contrary set forth in Subsection A above, street performances may not take place within 100 feet of a school, library, or place of worship while in session, a hospital at any time, and other public areas excluded by the Borough Council, the Director of Public Works (or his designee), or the Chief of Police (or his designee) pursuant to applicable law.
D.
No street performer or group of street performers shall remain in
any one one-hundred-square foot area for a period in excess of 90
minutes.
E.
No street performer or group of street performers shall operate,
play or permit the operation of any musical instrument or similar
device which produces, reproduces or electronically amplifies sound
in such a manner to cause a noise disturbance.
F.
No street performer or group of street performers shall operate,
play or permit the operation or playing of any radio, television,
phonograph, drum, musical instrument, cassette player, sound amplifier
or similar device which electronically amplifies sound in such a manner
as to create a noise disturbance.
G.
A street performer or group of street performers may not create an
undue interference with the passage of the public through a public
area. If a street performer or group of street performers attracts
a crowd sufficient to obstruct the public way, a Borough police officer
may disperse the portion of the crowd that is creating the obstruction.
Additionally, if a sizeable group of street performers assembles in
such a way and/or manner which obstructs the public way or causes
a noise disturbance or public nuisance, a Borough police officer may
disperse the group of street performers to ensure the public health,
safety and welfare.
H.
A street performer or group of street performers may request contributions
or money or property at a street performance, provided that no sign
requesting contributions shall exceed 12 inches by 18 inches in size.
Contributions may be received in any receptacle, such as an open musical
instrument case, box or hat. Street performers may offer for sale
recordings of only their own work, in any form. On sidewalks, displays
with regard to such sale must not obstruct handicap ramps, doorways,
or windows. Street performers shall not tape or post signs or posters
on any public or private property or lean any displays against any
public or private property. No displays may exceed more than 20% of
the width of the sidewalk and in any event shall not exceed 15 square
feet in total.
I.
No street performer or the street performance itself shall obstruct
the entrance to any private residence or property, nor the entrance
to any business during the hours that the business is open for business.
A.
A specific public area may be excluded from street performances by
the Borough in the following circumstances:
(1)
Upon recommendation from the Chief of Police (or his designee) in
the case of an emergency, or due to public health, safety and/or welfare
concerns, and pursuant to applicable law.
(2)
Upon recommendation from the Director of Public Works (or his designee)
in the case of scheduled or emergency repair work in the public right-of-way
or any public service facility, and pursuant to applicable law.
(3)
Upon recommendation from the Director of Building and Housing (or
his designee) in the case of construction or property maintenance
code matter on private property adjacent to the performance site,
and pursuant to applicable law.
A.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine not less than $25 for
the first offense, not less than $100 for the second offense, not
less than $250 for the third offense, not less than $500 for the fourth
offense, and not greater than $1,000 for each subsequent offense,
plus the costs of prosecution. Upon default of payment thereof, the
defendant may be sentenced to imprisonment in the Chester County prison
for a period of not more than 30 days. Each section or provision of
this chapter that is violated shall constitute a separate offense,
and each day in which a violation of this chapter is found to exist
shall constitute a separate offense, each of which violations shall
be punishable by a separate fine imposed by the District Justice in
the amounts stated hereinabove.
