[2-22-2022 by Ord. No. 1332-2022]
Street performers provide a public amenity that enhances the character of the City. The City seeks to encourage such performances in a manner consistent with the overall public interest. The City also recognizes that street performers seek to and do draw crowds to their performances. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through crosswalks by 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 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.
[2-22-2022 by Ord. No. 1332-2022]
As used in this section, the following terms shall have the meanings indicated:
PERFORM/PERFORMANCE
Live, public presentation or exhibition which includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading aloud, puppetry, sidewalk art, reciting, and performing of any sort.
PERFORMER
A person conducting activities defined as a Performance under this Chapter.
PUBLIC AREAS
Public sidewalks, parks, playgrounds and other pedestrian areas.
SPECIAL EVENT
A City-authorized street fair or other authorized and licensed public event.
[2-22-2022 by Ord. No. 1332-2022]
A. 
Locations. Performances may take place in public areas, subject to the below limitations and exclusions. No portion of this ordinance should be constructed to allow street performances on private property without the specific consent of the owner.
B. 
Contributions. A performer may request contributions of money or property at a performance. Contributions may be received in any receptacle, such as an open musical instrument case, box or hat.
C. 
Prohibitions. No performer shall:
1. 
Perform within 10 feet of:
a. 
Any bus stop or street corner or a marked pedestrian crosswalk; or
b. 
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; provided, the owner or manager of any such business may invite the performer to perform within 10 feet of such business, and may revoke said invitation.
2. 
Perform less than 50 feet from another performer or group of performers.
3. 
Perform in any area excluded by the City Council.
4. 
Perform in a public area excluded by the Mayor or his or her designee in the case of an emergency.
5. 
Perform within 100 feet of an elementary and/or secondary school, library, or church while in session.
6. 
Perform within 100 feet of a hospital.
7. 
Perform in any public street designated to be used for motorized and non-motorized vehicles.
8. 
Use:
a. 
Any knife, sword, torch, flame, axe, saw, animal or other object, thing or being that can cause serious bodily injury to any person, or engage in any activity, such as, acrobatics, tumbling or cycling that can cause serious bodily injury to any person.
b. 
Any generator, wet cell battery with removable fill caps, or any other power source that poses a fire or public safety hazard.
c. 
Any connection to or maintenance of an electrical cord to an adjacent building or to a City power source.
9. 
Litter his or her performance site. The performer shall be responsible for clean-up of all litter at the performance site.
10. 
Prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance.
11. 
Cause less than a five-foot contiguous sidewalk width being kept clear for pedestrian passage.
12. 
Perform with more instruments, props, equipment, merchandise or other items than the performer can reasonably transport or remove at one time by himself or herself.
13. 
Leave his or her instruments, props, equipment, merchandise or other items unattended.
14. 
Offer for sale or make available for a price or donation any items without having an itinerant vendor license as required by Chapter 9-6 Peddlers, Solicitors and Itinerant Vendors of the City Code of Ordinances.
15. 
Perform in contravention of the allowable noise levels established in Section 10-315 Loud Noise or Music Prohibited, Amplified Sound of the City Code of Ordinances.
16. 
Block or obstruct a curb cut.
17. 
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 City 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 City 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 Chapter.
18. 
Otherwise cause a public nuisance as set forth in the City Code of Ordinances.
[2-22-2022 by Ord. No. 1332-2022]
A. 
Specific areas. The following specific public areas are excluded from performances by decision of the City Council based upon evidence presented to the City Council during its deliberations on the adoption of this Chapter, due to pedestrian and traffic congestion and other safety issues: bridges, parking areas and parking facilities.
B. 
Other areas. The City Council may by resolution exclude other specific areas from performances upon a determination that exclusion is necessary to protect the public health, safety, and welfare.
C. 
Emergency designation. A public area may be temporarily excluded from performances by the Mayor, or his or her designee, in the case of an emergency. The area shall be excluded from performance for the duration of the emergency.
[2-22-2022 by Ord. No. 1332-2022]
A. 
Unless otherwise provided for herein, any person violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than $50, excluding costs, fees and assessments. Authorized officers of the City of Tahlequah may issue a citation for any such violation. Each day in which a violation occurs shall be deemed as a separate offense.
B. 
Any person convicted of a second violation of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not more than $100, and/or by imprisonment in the City jail for not more than 30 days, excluding costs, fees and assessments. Each day in which violation occurs shall be deemed a separate offense.