[§ 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:
(1) 
Is integral to the performance and the performance only takes place on the stage;
(2) 
Does not exceed four feet by four feet and 1/4 inch in height;
(3) 
Is removed from the public way when the performer is not performing;
(4) 
Has beveled edges.
(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:
(1) 
The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the City in the application process;
(2) 
The application does not contain the information required by this chapter;
(3) 
The applicant has not satisfied the requirements of this chapter.
(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:
(a) 
Except as provided in subsection (q) of § 4-15.103, no performer shall perform except during the following time periods:
(1) 
10:00 a.m. to 9:00 p.m. daily.
(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.
[§ 1, Ord. 1083-09, eff. April 16, 2009]
This chapter shall not apply to:
(a) 
Activities approved under a film permit.
(b) 
Any approved participant in any special event authorized by the City Council.