[Adopted 8-9-2016 by Ord. No. 2580[1]]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 206 but was renumbered for organizational purposes.
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
AGENCY
Any association, group, society, union or otherwise like organization managing or coordinating more than one busker, group performers and/or performer.
BOROUGH
The Borough of Millvale, Allegheny County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Millvale, Allegheny County, Pennsylvania.
BOROUGH MANAGER
The Borough Manager of the Borough of Millvale, Allegheny County, Pennsylvania, or his or her designee.
BUSINESS OWNER
Individual, including an employee or agent of a group of individuals, partnership, or corporation who is a tenant in or who owns property abutting public grounds.
BUSKER
A person or group of persons who plays music or performs entertainment usually while soliciting for voluntary money donations during a street performance and has obtained a permit pursuant to this article. Definitions of "busker" and "performer" are the same and shall be interchangeable specific to this article.
BUSKING
The act or actions of a busker and performer while soliciting for voluntary money donations during a street performance.
DISTANCE
All measured distances and distance requirements addressed in this regulation shall be distances measured in a straight line from nearest edge to nearest edge of the building, object or public ground from which the performance is to be distant.
GROUP PERFORMERS
More than one busker and/or performer, performing together as a group.
ISSUING AUTHORITY
Borough of Millvale Police Department.
OBSTRUCT and/or OBSTRUCTION
To so occupy the public grounds so that the free use and enjoyment thereof by pedestrians is in any way interrupted or interfered with, or such that the free ingress and egress to or from any building fronting on any public ground is impaired.
PEDESTRIAN
Person who is walking or otherwise traveling in/on the public grounds.
PERFORM and/or PERFORMANCE
Audible or visual entertainment such as, but not limited to, the following activities: acting, singing, playing musical instruments, miming pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art (working with nonpermanent, water-soluble media, i.e., chalk, pastels, or watercolors directly on the pavement), reciting or performing a theatrical or literary work. Performer and/or performance shall not include the production of or the offer of items for sale at the location of the performance.
PERFORMER
A person or group of persons who plays music or performs entertainment usually while soliciting for voluntary money donations during a street performance and has obtained a permit pursuant to this article. Definitions of "busker" and "performer" are the same and shall be interchangeable specific to this article.
PERMIT/GROUP PERMIT
The form issued by the issuing authority evidencing that the busker, group performers and/or performer are allowed to perform on/in the public grounds.
PUBLIC GROUNDS
Public sidewalks, parks, playgrounds, trails, paths, recreational areas, publicly owned or operated scenic and historic sites and other pedestrian areas within the Borough of Millvale. Public grounds also include sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities. For the purpose of this article only, schools, sewage treatment, refuse disposal facilities, other publicly owned and operated facilities (recognized by Borough of Millvale Council) will not be recognized as public grounds for performances. Default definition of public grounds and public rights-of-way are delineated through the Pennsylvania Municipalities Planning Code.[1]
RESIDENT
Person who resides in the Borough of Millvale and pays property or EIT tax. A resident can also rent property in the Borough but must show proof of utility payment at a Borough of Millvale address.
SIGN or SANDWICH BOARD
Any portable sign used to convey information of a commercial nature. Size of sign shall not exceed 24 inches by 24 inches. Additional sign definitions can be found in the Borough of Millvale Code, Part II: General Legislation, Chapter 312, Zoning, Article VI, Signage.
SPECIAL EVENT
Any occasion officially recognized by the Borough of Millvale Council, including, but not limited to, fairs, shows, exhibitions, Borough-wide celebrations, festivals and other similar events, within a specifically defined area of the Borough for a specified period of time.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In this article, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
It shall be unlawful for any person/group to give any kind of performance or entertainment on public grounds without first obtaining a permit from Millvale Borough.
A. 
Two types of permits can be issued by the issuing agency: individual performer permit and/or group performers permit.
B. 
The Borough of Millvale Council designates the Borough Manager and Millvale Police to be the agents of the Borough primarily charged with the responsibility of supervising the provisions of this section.
C. 
A permit shall be issued by the Borough of Millvale to each approved applicant in exchange for a completed application and a fee. See the Millvale Borough Fee Schedule[1] for the associated costs.
[1]
Editor's Note: The Fee Schedule is on file in the Borough offices.
D. 
Incomplete applications will not be accepted.
(1) 
Application fee(s) must be paid at time of submittal.
(2) 
Cash and check (Borough of Millvale) are the only forms of payment accepted.
E. 
The application form for permit and permit template shall be provided by the issuing agency and can be adapted and/or changed as needed without amendment to this article.
F. 
A permit shall be valid from the date on which it is issued through the end of that calendar year.
G. 
Permits are nontransferable, and shall contain the permit number of the applicant and the year in which the permit is valid.
H. 
Group performers must submit one group permit application per group.
(1) 
As part of the permit application, all persons named in the application will be required to consent to this article.
(2) 
One performer can submit a group permit application. Upon determination of eligibility by the issuing agency, the submitting performer shall be issued a group permit to conduct street performances as permitted herein. The group permit issued hereunder shall be the property of the submitting performer and shall be revocable for any violation of this section by any group performer permitted to conduct street performances under said group permit. The submitting performer shall be required to be present with the group permit at all times while the group performers permitted under the permit are engaged in a street performance.
(3) 
Group performers are subject to all rules of this article as individuals while performing as group performers.
(4) 
Each member of group performers shall be required to pay according to the Millvale Borough Fee Schedule.[2]
[2]
Editor's Note: The Fee Schedule is on file in the Borough offices.
I. 
An agency can submit an agency permit application on behalf of one or more performers and/or group performers.
(1) 
As part of the permit application, all persons named in the application will be required to consent to this article.
(2) 
Upon determination of eligibility by the issuing agency, the submitting performer(s)/group performer(s) shall be issued separate individual performer permits and/or group permits to conduct street performances as permitted herein. The permit issued hereunder shall be the property of the individual performer or group performers and shall be revocable for any violation of this section.
(a) 
Group performers are subject to all rules of this article as individuals while performing as group performers.
(3) 
The agency shall be required to pay according to the Millvale Borough Fee Schedule.[3]
[3]
Editor's Note: The Fee Schedule is on file in the Borough offices.
J. 
If a performer loses his or her permit, a replacement permit may be obtained for a cost as determined by the Millvale Borough Fee Schedule.
K. 
As part of the permit application procedure, applicants may be subject to a criminal background history check, which shall be reviewed by the Chief of Police or his designee to determine eligibility of the applicant. Where a group of performers seeks to conduct a performance, each member of the group who may participate in a performance may be subject to a criminal background history check as required herein.
(1) 
No applicant shall be eligible for issuance or renewal of a permit under this section if the applicant or any member of a group applying for a permit has been convicted of two or more offenses within a period of five years preceding the application where each offense involved an assault, communicating a threat, crime against a minor, illegal use of a weapon or other act of violence or attempted violence.
L. 
No permit shall be issued to any person who has had a permit suspended or revoked within the last calendar year prior to the current application for a permit.
Performances may only take place at locations marked by the Borough of Millvale.
A. 
Performances are not permitted at any location not presently identified by the Borough of Millvale.
B. 
Performers shall not block or cause to be blocked pedestrian or vehicular traffic, roadways, sidewalks, crosswalks, driveways, stairways, curb cuts, accessible access ramps nor block access to buildings, parks, public conveyances, businesses, crosswalks, traffic control poles containing pedestrian crosswalk button(s), or be within 10 feet of a fire hydrant or within five feet of any fire alarm or other emergency communication device, including public telephones, either by the performance location, or by the location of any crowd that the performance may draw.
(1) 
If a performer attracts a crowd sufficient to obstruct the public grounds, a police officer may disperse the portion of the crowd that is creating the obstruction.
C. 
Performers shall provide the minimum pedestrian passageway on the sidewalk as required by the Americans with Disabilities Act,[1] which is currently five feet.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
D. 
Performers shall not perform on private property without written permission of the property owner and approval of the issuing authority. Performers are required to keep the writing granting such permission on their person during any performance on private property.
E. 
Performers shall not conduct any performances on property used for any residential purpose.
F. 
Special events authorized by Borough Council will require written permission of the Borough and/or sponsor of such event.
G. 
Any specific public grounds may be permanently excluded from performances in accordance with constitutional standards by decision of the Millvale Borough Council after a public hearing notice of which shall be advertised no less than 14 days prior to said hearing.
H. 
During periods of construction on the streets, sidewalks and infrastructure, the Borough Manager and/or Chief of Police may from time to time temporarily exclude performances from areas where there are issues of public safety, and the Borough Manager and/or Chief of Police or his/her designee may, in their discretion, issue notices of exclusion from areas as the construction requires.
Performers shall not perform before the hour of 10:00 a.m. and after the hour of 10:00 p.m.
A. 
Performers shall not remain at one location for a total duration of more than six hours during any one-day (10:00 a.m. to 10:00 p.m.) period.
(1) 
When a performer leaves a location, the performer shall not return to that location for at least one hour.
B. 
No performer shall claim a greater right to perform at any location over a street performer who arrives first at the same location.
The Millvale Police Department and the Borough Manager or his or her designee shall at all times keep a written list of all performance permits in the Borough of Millvale and shall promptly update such list each time a new permit is awarded, suspended or revoked.
The provisions of this section take precedence over any other Borough regulations or ordinance applicable to performances. To the extent other Borough regulations or ordinances are applicable and are inconsistent with this section, this section shall govern.
A. 
A performer shall clearly display his or her permit while performing, and shall allow inspection of the permit by any Borough of Millvale police officer or staff person on request.
B. 
Performers may passively request and accept contributions of money at a performance, provided that no sign requesting contributions shall exceed 24 inches by 24 inches in size.
C. 
Performers may sell audio or video recordings of their own artistic works, but shall not sell any other goods, wares, and works of art or conduct any other service on public grounds.
D. 
Contributions may be received in any receptacle, such as an open musical instrument case, box or hat and shall not exceed the size of the performer's sign.
E. 
Performers shall not tape or post signs or posters on windows or lean signs against windows so as to obstruct a clear view through the window.
F. 
No performer shall make any use in any way of pyrotechnics, fire, sharp instruments, knives, animals, projectiles, spray paint, aerosols, firearms (real or simulated), dangerous weapons or any form of harmful chemicals during a performance.
G. 
Performers shall not use a megaphone during a performance unless the performance is in conjunction with a Borough-approved special event.
H. 
Devices such as amplifiers, small, portable and self-powered amplification for musical instruments shall be permitted, provided performers do not create unreasonable or disturbing sound/s.
(1) 
No performer on public grounds shall connect to, or cause to be connected to, any source of electrical power or water on public or nearby private property as part of preparation to perform or actual performance. This provision shall not be construed to forbid use of instruments or items with self-contained and secure electrical power supply such as batteries, or the use of a container of potable water for drinking.
I. 
While conducting a performance, performers shall not use language or gesture, or display any matter which:
(1) 
Incites or urges riot; or
(2) 
Is obscene; or
(3) 
Is defamatory, insulting or constitutes a communication which tends to inflict injury or incite an immediate breach of the peace.
J. 
Performers shall not consume nor be under the influence of alcoholic beverages or other controlled or intoxicating substances while performing.
K. 
Performers shall remove all props and other items from the performance area used for a performance during breaks and immediately after the performance ends.
(1) 
Trash and other debris shall be removed from the performance area used for a performance immediately after the performance ends.
The prohibitions of Millvale Borough Code sections which would otherwise frustrate the purposes of this article do not apply to a performance otherwise in compliance with this section.
A. 
Performers must comply with all federal, state and local laws when performing within the Borough.
B. 
By decision of the Millvale Chief of Police or his or her designee, in the case of an emergency, any and all street performances can be canceled for said emergency.
C. 
By decision of the Public Works Supervisor or his or her designee, in the case of an emergency regarding a park or playground, any and all street performances can be canceled for said emergency.
D. 
A permit may be suspended or revoked if a permit holder is found to have knowingly provided false information on the permit application or has violated the rules and regulations or any federal, state or local law or ordinance rationally related to this permit.
E. 
Nontransferability. A permit issued hereunder shall not be transferable to any other person or group for the purpose of conducting a street performance as defined herein.
F. 
A police officer may remove a performer or performers for interference with the enforcement activities of the officer, or any other act, which causes an imminent danger to the public health or safety.
G. 
The fine and penalty for performing without a permit will be:
(1) 
First violation: $25.
(2) 
Second violation: $50.
(3) 
Third violation: $100.
(4) 
Subsequent violations: removal of permit, denial of permit, continued fines and penalties.
H. 
The issuing authority may deny application of a permit if the performer or performers have recorded and/or unresolved fines or penalties from previous years.
Disabled veterans of any branch of the armed forces are exempt from paying any and all application fees as set forth in this article, upon showing proof of same.
It shall be unlawful and a violation hereof for any person to knowingly and willfully make a false statement to any public official for purposes of obtaining a performer permit.
If any section, subsection, sentence, or clause of this article is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this article, and the remainder of the Ordinance shall stay in full force and effect.