[7-21-2021 by Ord. No.
1797]
The City hereby finds and declares: street performers provide a public amenity that enhances the character of the City; however, the City also recognizes that street performers affect the health, safety, and welfare of the residents of the City and certain activities create congestion, excessive noise, illegal activity, and diminished aesthetics. The City acknowledges that its interest in regulating street performers must be accommodated within the parameters of the First Amendment of the U.S. Constitution and Article I, Section 5, of the Michigan Constitution. This article seeks to impose reasonable time, place and manner restrictions on street performers to the extent necessary to ensure the safety of performers, their audiences 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 conduct business.
[7-21-2021 by Ord. No.
1797]
The following words and phrases shall be interpreted and construed
in accordance with the following definitions.
The customary limits of candor and decency in the City of
Holland at or near the time of the alleged actions or speech.
An area on public property designated for street performances.
Any action or speech that meets all of the following criteria:
The average individual, applying contemporary community standards,
would find the action, taken as a whole, appeals to the prurient interest.
The reasonable person would find the actions or speech, taken
as a whole, lacks serious literary, artistic, political, or scientific
value.
The actions or speech describes sexual conduct in a patently
offensive way.
Includes, but is not limited to, the following activities:
acting; singing; playing musical instruments; juggling; dancing; demonstrating
pantomime; exhibiting magic; tumbling; stilt-walking; cycling; acrobatics;
certain activities using fire; exhibiting puppetry; or other similar
activity.
A person who has obtained a permit pursuant to this section.
A shameful, morbid interest in nudity, sex, or excretion.
One or more of the following:
The explicit description of any types of conduct set forth
in the definition of sexual conduct, which creates the appearance
of such conduct.
Sexual intercourse, fellatio, cunnilingus, and intercourse,
or any other inference, however slight, of any part of a person's
body or of any object into the genital or anal openings of another
person's body, or description of sexual bestiality, sadomasochism,
masturbation, or excretory functions.
[7-21-2021 by Ord. No.
1797]
No person shall perform in the streets, parks, or rights-of-way
in the City without obtaining a permit and complying with the provisions
of this article and the Code.
[7-21-2021 by Ord. No.
1797]
The Coordinator of the Mainstreet/Downtown Development Authority
(the "Coordinator") shall issue street performer permits. Every person
desiring to perform is required to make written application for a
permit to the Coordinator and accompanied by a fee established by
resolution of the City Council. Each member of a group of performers
shall apply separately to the Coordinator. The application form provided
by the Coordinator. The applicant shall truthfully and fully state
the information requested on the application such as:
(a)
The applicant's name, address, and telephone number;
(b)
Whether the applicant is 18 years or older;
(c)
Whether the performances include any of the following: tumbling;
stilt-walking; cycling; aerobatics; or any activities using fire (collectively
referred to as "extraordinary activities");
(d)
A description sufficient for identification of the subject matter
and method of the performing in which the applicant will engage;
(e)
The period of time for which the permit would apply;
(f)
The date, or approximate date, of the last permit that was issued
to the applicant under this article;
(g)
A statement as to whether or not any City permit or license issued
to the applicant (or any related organization or entity) has ever
been revoked, and if so, the reason for the revocation;
(h)
Applicant's driver's license or personal identification number; and
(i)
Such other information the Coordinator deems necessary to approve
the application.
[7-21-2021 by Ord. No.
1797]
(a)
Upon filing of the application for a permit, the Coordinator shall
review and evaluate the application. In determining whether a permit
should be issued, the Coordinator shall evaluate whether the application
and the applicant meet all of the following:
(1)
Whether the proposed activities comply with all of the provisions
of this article and the Code;
(2)
Whether the proposed activities involve the safe use of the
streets by the public for vehicles and pedestrians;
(3)
Whether the proposed activities would be obscene; and
(4)
Whether the applicant has not previously violated two or more
provisions of this article or the Code.
(b)
For applications that include any extraordinary activities, the Chief of Police shall review and approve as to whether the extraordinary activities satisfy Section 24-38.
(c)
An applicant must be 18 years or older to obtain a permit. Notwithstanding,
the Coordinator may approve a permit for a minor if that minor is
performing in a group with other performers who are 18 years or older.
(d)
The Coordinator shall not approve a permit unless all previous year's
tickets for violation of this article are paid.
(e)
If the applicant is a corporation, limited-liability company, copartnership,
or other such business entity, the person who will act as the principal
in charge of the business to be licensed shall sign the application
and all of the owners of the business entity shall meet all of the
requirements for individual applicants.
(g)
The Coordinator shall approve, deny, or approve with conditions an
application for a street performer's permit within 15 days of it being
filed.
[7-21-2021 by Ord. No.
1797]
[7-21-2021 by Ord. No.
1797]
(a)
Upon approval by the Coordinator, the permit shall be issued. If
the approval by the Coordinator includes conditions of the applicant,
all conditions shall be met prior to the issuance of the permit by
the Coordinator.
(b)
Prior to the issuance of a permit, a street performer shall agree
to indemnify the City, the Mainstreet/Downtown Development Authority
and the Downtown Principal Shopping District, their officials, employees,
and agents from any liability arising out of the performer's street
performance.
(c)
Permits granted by the Coordinator shall be issued upon payment of
the fees required and compliance with the requirements of this article.
(d)
For a permit that involves any extraordinary activities, the applicant
will provide a certificate of insurance for general liability insurance
in an amount determined by the Coordinator and name the City of Holland,
the Mainstreet/Downtown Development Authority, the Downtown Principal
Shopping District, their officials, employees, and agents as additional
insureds. Further, the Coordinator may impose reasonable conditions
in the permit on the time, place, or manner of the performance of
extraordinary activities to the extent that they may be harmful to
the health, safety, or welfare of pedestrians or surrounding property.
(e)
The permit shall bear the name and address of the person performing,
the term of the permit, the type of performance and the location of
performing, and a statement that the permit does not constitute an
endorsement by the City of the purpose of the performing or of the
person or group conducting the performance.
(f)
A permit shall be valid from the date on which it is issued through
December 31, or for the specific duration noted on the permit. A permit
shall be nontransferable.
[7-21-2021 by Ord. No.
1797]
[7-21-2021 by Ord. No.
1797]
(a)
Performances shall only take place in one of six designated locations in the Mainstreet/Downtown Development Authority District as defined in Section 2-98 of the Code and approved by the Mainstreet/Downtown Development Authority Board. Notwithstanding, the Mainstreet/Downtown Development Authority Board may reasonably designate (and subsequently revoke) in writing additional locations for performances.
(b)
Except as otherwise approved by the Coordinator, no performances
will take place during the Tulip Time Festival. The Mainstreet/Downtown
Development Authority Board may establish time, place and manner restrictions
on performances during the Tulip Time Festival.
(c)
A performer shall clearly display his or her permit while performing
and shall allow inspection of the permit by any police officer or
the Coordinator upon request.
(d)
A performer may request contributions or money or property at a performance.
Contributions may be received in any receptacle, such as an open musical
instrument case, box or hat.
(e)
A person who is under the age of 15 shall not perform unless accompanied
at all times by a responsible adult who is 18 years of age or older.
A person who is 15 years of age or older may perform without a responsible
adult who is 18 years of age or older. Notwithstanding, the Coordinator
may prohibit a person who is under the age of 18 from performing extraordinary
activities if that person is not accompanied by a responsible adult
who is 18 years of age or older and the extraordinary activities are
determined to be unsafe for surrounding property and pedestrians.
(f)
A performer shall be responsible for cleanup of all litter at the
performance site.
(g)
No performer shall:
(1)
Perform 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, sidewalk cafes, 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.
(2)
Perform in any areas not designated by the Mainstreet/Downtown
Development Authority Board.
(3)
Perform in any area prohibited by the City Manager, his or her
designee, or the Chief of Police in the case of an emergency.
(4)
Use any of the following:
a.
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;
b.
Any amplification device;
c.
Any generator, wet cell battery with removable fill caps, or
any other power source that poses a fire or public safety hazard;
or
d.
Any connection to or maintenance of an electrical cord to an
adjacent building or to a City power source.
(5)
Utilize or prevent the public from utilizing any public benches,
waste receptacles, or other street furniture during the performance.
(6)
Place any object on a public sidewalk which causes less than
a six foot contiguous sidewalk width being kept clear for pedestrian
passage.
(7)
Perform with more instruments, props, equipment, merchandise
or other items than the performer can reasonably transport or remove
at one time.
(8)
Place his or her instruments, props, equipment, merchandise
or other items on a public sidewalk, public street, or public right-of-way
for more than two hours without performing in accordance with the
provisions of this article.
(9)
Offer for sale or make available for a price or donation any
items.
(10)
Display any sign other than the street performer permit.
(11)
Violate the applicable provisions of the code regarding noise.
(12)
Block or obstruct a curb cut.
(13)
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 police officer or fire official may disperse that 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 police officer or fire
official may cause the performer to leave the location, but shall
not prevent the performer from occupying another location in compliance
with this article.
(14)
Obstruct the visibility of a motorist.
(16)
Except as expressly permitted in this article, perform in any
way that violates any other provisions of the Code.
(h)
The
City Council authorizes the Mainstreet/Downtown Development Authority
the authority to promulgate rules and regulations relating to the
time, place, and manner of performances.
[7-21-2021 by Ord. No.
1797]
(a)
The Coordinator or an officer of the Police Department may immediately
and without notice revoke a street performer permit or an amplification
device permit if the underlying violation poses an immediate danger
to the public health, safety, and welfare.
(b)
Except as provided in Section 24-43(a), the Coordinator may revoke a street performer permit or an amplification permit if, upon receipt of written information or upon the Coordinator's own investigation, the Coordinator has reason to believe a performer:
(1)
Has provided a false statement in the application;
(2)
Has violated two or more provisions of this article in a term
set forth in a permit; or
(3)
Has violated a provision of this article or the Code in a manner
that is materially adverse to the protection of the public health,
safety or welfare of the City.
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Upon such determination, the Coordinator shall send written notice to the street performer at the address set forth in the application. The street performer shall have the right to a hearing before the Coordinator. Such hearing shall be set within 15 days of the written notice to the performer. If, after a hearing, the Coordinator finds that the violation is supported by a preponderance of the evidence, the permit shall be revoked. The permit shall be null and void upon the Coordinator sending notice to the street performer. The street performer shall have the right to appeal as provided in Section 24-44.
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(c)
If a written complaint is filed alleging that a performer has violated
any provisions of this article, the Coordinator shall promptly send
a copy of the written complaint to the performer, together with a
notice that an investigation will be made as to the truth of the complaint.
The performer shall have the right to respond to the complaint within
10 days of it being sent and present evidence and respond to evidence
produced by the investigation. Such hearing shall be held within 15
days of the complaint being sent to the street performer. If the Coordinator,
after reviewing all relevant material, finds the complaint to be supported
by a preponderance of the evidence, the complaint shall be certified
and prosecuted by the City Attorney's office.
[7-21-2021 by Ord. No.
1797]
(a)
If an applicant for a street performer permit is denied or if a permit
is revoked by the Coordinator or an officer of the Police Department,
the applicant or holder of a permit may appeal to and have a hearing
before the Director of Community and Neighborhood Services. The appeal
must be filed within 10 days of the denial or the revocation. The
hearing shall be held within 15 days of the denial of the application
or the revocation of the permit. The Director of Community and Neighborhood
Services shall make a written determination, after presentation by
the applicant, as to whether or not the grounds for denial, revocation
or complaint are true. If the Director of Community and Neighborhood
Services determines that such grounds are supported by a preponderance
of the evidence, the initial determination shall be sustained. If
the denial is affirmed, the decision of the Director of Community
and Neighborhood Services may be promptly reviewed by a court of competent
jurisdiction.
(b)
If an applicant for an amplification device permit is denied by the
Coordinator, the City Manager, or the Chief of Police or if a permit
is revoked by the Coordinator or an officer of the Police Department,
the applicant or holder of a permit may appeal to and have a hearing
before the City Council. The appeal must be filed within 10 days of
the denial or the revocation. The hearing shall be held within 15
days of the denial of the application or the revocation of the permit.
The City Council shall make a written determination, after presentation
by the applicant, as to whether or not the grounds for denial, revocation
or complaint are true. If the City Council determines that such grounds
are supported by a preponderance of the evidence, the initial determination
shall be sustained. If the denial is affirmed, the City Council's
decision may be promptly reviewed by a court of competent jurisdiction.
[7-21-2021 by Ord. No.
1797]
The Police Chief, the appointed officers of the Police Department,
or such other officials as are designated by the Police Chief, are
hereby authorized to issue and serve appearance tickets with respect
to a violation of this article pursuant to Section 1 of Act 147 of
the Public Acts of 1968, as amended [MCLA § 764.9c(2)].
Appearance tickets shall be in such form as determined by the City
Attorney and shall be in conformity with all statutory requirements.
[7-21-2021 by Ord. No.
1797]
Separately from any other remedies of the City, a person who violates this article is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court.
