[HISTORY: Adopted by the Council of the City of Perth Amboy 4-12-17 as Ord. No. 1839-2017. Amendments noted where applicable.]
[Added 4-12-2017 by Ord. No. 1839-2017]
For the purpose of this chapter, the following terms shall have the meaning set forth in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words in the singular number include the plural, and words in the male gender include the female gender.
PERFORM
Includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry, reciting and sidewalk art (working with non-permanent, water-soluble media, i.e., chalk, pastels, or watercolors directly on the pavement). Perform shall not include the production of items for sale.
PERFORMER
A person who has obtained a permit pursuant to this section.
PUBLIC AREAS
Public sidewalks, parks, playgrounds and other City pedestrian areas.
[Added 4-12-2017 by Ord. No. 1839-2017]
No person may perform in a public area without a permit issued pursuant to Section 387-3, Permit, of this chapter.
[Added 4-12-2017 by Ord. No. 1839-2017]
A. 
A permit shall be issued by the Office of Recreation to each applicant therefor in exchange for a completed application and a fee of forty dollars ($40).
B. 
A completed application for a permit, and the permit itself, shall contain the applicant's name, residence address and telephone number, shall be signed by the applicant and approved by the Director of Human Services.
C. 
A permit shall be valid for the term specified in Section 387-5.
D. 
A permit shall be nontransferable, and shall contain the permit number of the applicant and the year in which the permit is valid. Each member of a group of performers who play together shall be required to obtain an individual permit. In no event shall any group of performers, identified as such in their application and noted on their permits, be charged more than one hundred sixty dollars ($160) total for permits for group members.
E. 
Upon issuing a permit, the Office of Recreation shall also give the performer a copy of this chapter.
F. 
If a performer loses his or her permit, one replacement permit per year may be obtained for a fee of fifteen dollars ($15).
[Added 4-12-2017 by Ord. No. 1839-2017]
A performer shall clearly display his or her permit while performing, and shall allow inspection of the permit by any Perth Amboy Police Officer or staff person of the Office of Recreation on request.
[Added 4-12-2017 by Ord. No. 1839-2017]
A. 
Performances may take place in the following locations during the period commencing on Memorial Day and terminating on Labor Day:
(1) 
In public parks, except within two hundred (200) feet of an elementary and/or secondary school, library, or church while in session, a hospital at any time, and except public parks excluded by the City Council, the Director of Public Works, or the Chief of Police pursuant to Section 387-7 of this chapter:
Monday through Thursday, between 12:00 p.m. and 9:00 p.m.
Friday, between 12:00 p.m. and 10:00 p.m.
Saturday between 11:00 a.m. and 10:00 p.m.
Sunday, between 12 noon and 9:00 p.m.
(2) 
In the Business Improvement District at the intersections of New Brunswick Avenue and Smith Street, Madison Avenue and Smith Street, and at the Perth Amboy Train Station, performances may take place at the following times:
Monday through Thursday, between 12:00 p.m. and 9:00 p.m.
Friday, between 11:00 a.m. and 9:00 p.m.
Saturday, between 11:00 a.m. and 10:00 p.m.
Sunday, between 12:00 noon and 6:00 p.m.
B. 
A performer may not create an undue interference with the passage of the public through a public area. If a performer attracts a crowd sufficient to obstruct the public way, a Police Officer may disperse the portion of the crowd that is creating the obstruction. The Police Officer shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order. A Police Officer shall not ask the performer to leave the location unless all other means of restoring the public safety or order have been exhausted.
C. 
No performer or group of performers may perform less than twenty (20) feet from another performer or group of performers.
D. 
A performer may accept contributions or money or property at a performance, provided that no sign requesting contributions shall exceed twelve inches by eighteen (12" x 18") inches in size. Contributions may be received in any receptacle, such as an open musical instrument case, box or hat. Performers may not offer for sale recordings of their own work, in the form of records, cassettes, videotapes or compact discs.
[Added 4-12-2017 by Ord. No. 1839-2017]
A. 
No performer or group of performers may generate noise exceeding a median sound level of eighty (80) decibels measured at a distance of twenty-five (25) feet from the performer or group of performers. A performer or group of performers may use sound amplification as long as this sound level is not exceeded. Upon a complaint by a resident, a designated staff person from the Office of Recreation shall, with the permission of the resident, measure the sound level inside the residential dwelling. If the sound level exceeds a median sound level of fifty (50) decibels, and exceeds the background noise by at least ten (10) Db(A), the performer or group of performers causing the excessive sound level shall either turn down the music or move to a distance from the residence so as to reduce the sound level within these limitations. Background noise for this purpose shall mean L90.
B. 
Drums shall be inaudible at a distance of one hundred fifty (150) feet.
[Added 4-12-2017 by Ord. No. 1839-2017]
A. 
A specific public area may be excluded from performances in accordance with constitutional standards by decision of the City Council.
B. 
By decision of the Chief of Police in the case of an emergency: any holder of a permit who disputes the need for said emergency exclusion may appeal to the City Council for review.
C. 
By decision of the Director of Public Works in the case of an emergency regarding a park or playground: any holder of a permit who disputes the need for said emergency exclusion may appeal to the City Council for review.
[Added 4-12-2017 by Ord. No. 1839-2017]
A. 
Noncriminal disposition. Whoever violates any provision of this chapter may be penalized by disposition as a noncriminal matter as defined in N.J.S.A. 53:1-20.5 For purposes of this chapter, the following officials shall be enforcing persons: Police Officers and/or Office of Recreation staff. The penalty for each violation will be two hundred fifty dollars ($250).
B. 
Suspension of permit. The Office of Recreation and/or the Perth Amboy Police may suspend a permit for no more than thirty (30) days if:
(1) 
A performer is found to have knowingly provided false information in the application; or
(2) 
A performer has received three (3) noncriminal dispositions within one (1) calendar year.
C. 
Revocation of permit. The Office of Recreation may revoke a permit for the remainder of the calendar year if a performer has received three (3) noncriminal dispositions during that calendar year.
[Added 4-12-2017 by Ord. No. 1839-2017]
A. 
A permit holder may appeal a suspension or revocation to the City Council. The proper City officials must provide the City Council documentation setting forth the facts constituting the basis for the action taken.
B. 
A performer may not receive a permit unless all tickets from the previous year have been paid.
[Added 4-12-2017 by Ord. No. 1839-2017]
A performance in accordance with this chapter shall be presumed not to constitute a disturbance of the peace or quiet.