[§ 1, Ord. 1083-09, eff. April 16, 2009]
The City Council finds that the existence in the City of street
performers provides a public amenity that enhances the character of
the City and seeks to encourage such performances in a manner consistent
with the overall public interest. The City Council also recognizes
that street performers seek to and do draw crowds to their performance.
This can create serious safety problems by impacting the ability of
pedestrians to move safely on sidewalks and through cross walks and
impeding the response time of safety personnel. It can also impact
access to and egress from businesses. Cognizant that street performers
are engaged in First Amendment activities, this chapter imposes reasonable
time, place, and manner restrictions on street performers to the extent
necessary to ensure the safety of performers, their audience, and
the general public and to prevent unreasonable interference with residents'
enjoyment of peace and quiet in their homes or the ability of businesses
to operate and conduct their business.
[§ 1, Ord. 1083-09, eff. April 16, 2009; §§ 2, 3, Ord.
1113-12, eff. June 14, 2012]
For purposes of this chapter, the following words or phrases
shall have the following meanings:
(a)
CHARGE – Shall mean to require someone to pay a fee or
to set, negotiate or establish a fee for a performance. Seeking voluntary
contributions through passing around a hat, leaving open an instrument
case or other receptacle, or soliciting donations after a performance
is not a charge.
(b)
HANDCRAFTS – Shall mean objects made either by hand or
with the help of devices used to shape or produce the objects through
such methods as weaving, carving, stitching, sewing, lacing, and beading
including, but not limited to, objects such as jewelry, pottery, silver
work, leather goods, and trinkets. Handcrafts are not likely to communicate
a message, idea, or concept to others, are often produced with limited
variation, and often have functional utility apart from any communicative
value they might have. As used herein, handcrafts do not include visual
art.
(c)
PERFORMER – Shall mean an individual who performs in a
public area, for the purpose of providing public entertainment.
(d)
PERFORMANCE AREAS – The following Performance Areas, attached
as Exhibit A, (Exhibit A may be found on file in the City offices)
have been designated as the areas in which performers may perform
and are generally described below:
(1)
Pebbly Beach/Cabrillo Mole Parkway Performance Area. The grassy
areas between the walkway and the sidewalk, from the western end of
Float 5, and the eastern edge of the Veteran's Memorial Park/Garden.
(2)
South Beach Performance Area. The one 16 square foot area located
the second gap in the serpentine wall, or the fourth gap in the serpentine
wall in front of the large square planter or the last gap in the serpentine
wall before entering the Clarissa/Crescent intersection. One location
within the arc of the curved bench facing the 600 block of Crescent,
adjacent to South Beach and one location in the corner by the low
wall and planter area above the Avalon Canyon storm channel outlet.
(3)
Center Performance Area. A half circle area six feet wide, midway
between Catalina Avenue and Sumner Avenue in front of the large square
planter across from the Rose Building at 417 Crescent.
(4)
Bank Performance Area. The area containing four roughly six-foot
diameter locations bordered by the centerline of Crescent Avenue,
the southeast face of the taxi building, the seawall and the edge
of the patio for the restaurant in the Old Terminal Building along
Crescent Avenue and the outer edge of the circle of pavers that surround
the Wrigley Fountain at the intersection of Crescent Avenue and Sumner
Avenue.
(5)
North Beach Performance Area. The ten-foot square area bordered
by the Harbor railing, the north side of Antonio's outside patio,
the south edge of the round planter, not to extend away from the Harbor
railing past the corner of Antonio's patio or the edge of the
round planter.
(e)
PUBLIC AREAS – Shall mean sidewalks, parkways, playgrounds
and all other public spaces located in the City.
[§ 1, Ord. 1083-09, eff. April 16, 2009; § 4, Ord. 1113-12, eff. June 14, 2012]
(a)
Notwithstanding any other provision of this Code, but subject also to §§ 4-15.104 and 4-15.105, no performer may perform:
(1)
Within 10 feet of any trolley stop or any designated taxi drop
off/pick-up area;
(2)
Within 10 feet of any street corner or a marked pedestrian crosswalk;
(3)
Within 10 feet of the outer edge of any entrance of any business,
including, but not limited to, doors; vestibules; driveways; outdoor
dining area entries; and emergency exits, during the hours that any
business on the premises is open to the public or to persons having
or conducting lawful business within those premises.
(b)
A person must obtain a performance permit pursuant to § 4-15.104 if any of the following conditions apply:
(1)
The performer intends to perform with any prop, equipment, instrument,
or other item.
(2)
The performer has performed in the past and has drawn a crowd
of sufficient size such that the crowd could potentially pose a safety
hazard or be considered a public nuisance. A safety hazard or public
nuisance includes, but is not limited to, crowds potentially blocking
ingress and egress from businesses and residences, crowds preventing
other pedestrians or safety personnel from traveling easily on sidewalks,
or crowds creating noise that could disturb the quiet enjoyment of
nearby residents and business owners.
(3)
An unpermitted performer has been told by law enforcement, fire officials, or code enforcement officials that any and all future performances will require a permit due to the size and/or nature of the crowds such a performer has drawn, because such crowds could potentially pose a safety hazard or be considered a public nuisance as described in § 4-15.103(b)(2).
(c)
A performer and the performer's equipment may not block
or obstruct the free and safe movement of pedestrians. If a sufficient
crowd gathers to observe a performer such that the passage of the
public through a public area is blocked or obstructed, a code enforcement
officer, police officer or fire official may disperse the portion
of the crowd that is blocking or obstructing the passage of the public.
If a performer cannot conduct a performance in a location without
blocking or obstructing the passage of the public, a code enforcement
officer, police officer or fire official may cause the performer to
leave the location or require that the performer relocate his/her
equipment, but shall not prevent the performer from occupying another
location in compliance with this chapter.
(d)
A performer who performs for a charge shall obtain a business
license and be subject to all applicable provisions of Title 3. A
performer who performs without charge shall not be required to obtain
a business license pursuant to Title 3.
(e)
No performer shall construct, erect, or maintain any stage,
platform, or similar structure for use during any performance unless
the stage or platform:
(f)
No performer shall use any knife, sword, torch, flame, axe,
saw, or other object that can cause serious bodily injury to any person,
or engage in any activity, including but not limited to, acrobatics,
tumbling, or cycling, that can cause serious bodily injury to any
person.
(g)
No performer shall use any generator, wet cell battery with
removable fill caps, or connect or maintain an electrical cord to
an adjacent building or to a City power source.
(h)
No performer shall utilize any speaker, microphone or mechanical
amplification device.
(i)
No performer shall litter his or her performance site.
(j)
No performer shall utilize or prevent the public from utilizing
any public benches, waste receptacles, or other street furniture during
the performance.
(k)
No minor under the age of 16 can perform unless the minor is
at all times accompanied by a responsible adult 18 years of age or
older, has obtained an entertainment work permit issued by the Department
of Industrial Relations of the State of California and maintains the
permit in his/her possession at the time of the performance.
(l)
No performer shall place any object on a public sidewalk which
causes less than a four-foot contiguous sidewalk width being kept
clear for pedestrian passage.
(m)
No performer shall perform with more instruments, props, equipment,
or other items than the performer can reasonably transport or remove
at one time.
(n)
No performer shall place his/her instruments, props, equipment,
or other items on a public sidewalk, public street, or public right-of-way
for more than one hour without performing in accordance with the provisions
of this chapter.
(o)
No performer shall leave his/her instruments, props, equipment,
merchandise, or other items unattended.
(p)
No performer shall perform in contravention of the allowable noise levels established by Title 5, Chapter 5-13 of this Code.
(q)
No performer shall block or obstruct a curb cut.
(r)
No performer shall perform outside designated Performance Areas.
(s)
No performer shall move more than six feet in any direction
while performing.
[§ 1, Ord. 1083-09, eff. April 16, 2009; § 5, Ord. 1113-12, eff. June 14, 2012]
(a)
If required by the Municipal Code, to receive a performance
permit, a person must complete and file with the City a performance
permit application on a form approved by the City. The applicant must
provide the following information:
(1)
The applicant's name;
(2)
The applicant's address;
(3)
Proof of the identity of the applicant. This identification
must contain a photograph of the applicant. Acceptable forms of identifications
shall include, but not be limited to, a driver's license, student
identification card, or passport;
(4)
A detailed description of the nature of the act to be performed;
(5)
A detailed description of any instrument(s) or prop(s) which
will be used by the performer(s);
(6)
A minor under the age of 16 shall provide a copy of an entertainment
work permit issued to the minor by the Department of Industrial Relations
of the State of California and shall identify the responsible adult(s)
who will be with the minor at all times that the minor is performing;
(b)
The performance permit will be issued annually commencing on
January 1st of each calendar year;
(c)
Upon receipt of a written application for a performance permit,
a performance permit shall be approved within three business days
of the filing of a fully completed application, unless one of the
following findings is made:
(d)
In addition to requiring compliance with all provisions of this
chapter, the City may condition the approval of a performance permit
on the applicant's compliance with other provisions of the City's
Municipal Code which are applicable to the performance.
(e)
The City may revoke or suspend a performance permit upon the commission of the second violation either of this chapter or of permit conditions within a six-month period. In any such case, the permit holder shall have the right to appeal from a decision of the City to revoke or suspend any permit in accordance with Title 1, Chapter 1-4. A performer's permit may be suspended for up to four months. If the performance permit of any performer is suspended, no new permit shall be issued during the period of suspension. Any revocation of a performer's permit shall be for six months unless the performer previously had a performance permit revoked and the new violations of this chapter or permit conditions relate to public safety, in which case, the permit shall be revoked for 12 months. No new permit shall be issued during a revocation period. The City shall establish administrative guidelines to assist in the implementation of this section.
(f)
No application for a performance permit or the renewal thereof
shall be accepted unless the application is accompanied by a payment
of a nonrefundable, non- prorated annual fee in an amount to be set
by resolution adopted by the City Council.
(g)
The performance permit shall include a photograph of the performer,
shall not be assignable or transferable, and shall contain the permit
number of the applicant and the year in which the permit expires.
Each performer in a group shall obtain his/her own separate performance
permit.
(h)
A replacement performance permit may be obtained upon payment
of a nonrefundable fee in an amount to be set by resolution adopted
by the City Council.
(i)
A performer shall allow inspection of the permit by any code
enforcement officer, police or fire official upon request.
(j)
The City Council may by resolution adjust the noise limitations
established in this chapter during public holidays.
(k)
When an applicant requests a performance permit application,
the City shall also give the applicant a document which summarizes
the rules and regulations concerning street performances in the City.
This document may be, but is not required to be, a copy of this chapter.
[§ 1, Ord. 1083-09, eff. April 16, 2009; § 6, Ord. No. 1113-12, eff. June 14, 2012]
In addition to the requirements of §§ 4-15.103 and 4-15.104, no performer shall perform in any Performance Area outside of an enclosed building in violation of the following requirements:
(b)
No performer shall perform within 60 feet of any special event
authorized by the City.
(c)
No performance shall:
(1)
Perform in any Performance Area for more than two hours in any
six-hour period. The time required to set up and to remove any instruments,
props, equipment, or other items shall be considered part of the performance
for purposes of this subdivision and subdivision (2) of this subsection
(c).
(2)
Perform within 50 feet of another street performer.
[§ 1, Ord. 1083-09, eff. April 16, 2009]
A lottery or voucher system may be implemented to allocate performance
locations and ensure that all performers participating therein have
a fair and equal opportunity to perform or obtain preferred performance
locations. Administrative guidelines may be established to specify
additional requirements, including the conduct and timing of the lottery
or voucher system, the maximum time period and location in advance
of the lottery or voucher distribution that the performers can line
up, and the duration of the permit, consistent with the provisions
of this chapter and any other relevant provisions of the Municipal
Code.
[§ 1, Ord. 1083-09, eff. April 16, 2009; § 7, Ord. No. 1113-12, eff. June 14, 2012]
(a)
Any performer in violation of any provision of this chapter,
or who is causing or potentially causing a safety hazard or public
nuisance because of the size or type of crowd his or her performance
is attracting, may be required by law enforcement, fire officials,
or code enforcement staff, to present his or her performance permit
and/or I.D.
(b)
Except as provided in subsection (c) of this section, any person violating this chapter shall be guilty of an infraction, which shall be punishable by a fine of not less than $100, but not exceeding $250 per violation.
(c)
Any person performing without a performance permit as required by § 4-15.103 shall be guilty of an infraction which shall be punishable by a fine not exceeding $250, or following three infractions within a twelve-month period, the City prosecutor, in his or her discretion, may charge a violation as a misdemeanor, which shall be punishable by a fine not exceeding $1,000 per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
