The city finds that street performers provide a public amenity that enhances enjoyment in, and character of, the city 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. Doing so can create conflicts in the use and enjoyment of public areas by impacting the ability of pedestrians to move freely and safely on the sidewalks and through crosswalks, by blocking and impeding vehicular traffic on city streets, by impacting pedestrians' ability to enter and exit various businesses, and by impacting public safety personnel in responding to calls for service. Striking and maintaining a balance between protecting the public, surrounding businesses and property owners, and the exercise of First Amendment free speech activity can be difficult. This difficulty is increased due to changing uses and development conditions in the city, including the rezoning of the city's commercial downtown into a mixed-use residential and commercial area under the Downtown Specific Plan, and the ever changing activities undertaken by street performers in public areas. The purpose of this chapter is to impose reasonable time, place, and manner regulations on street performance in order to protect the public health, safety, and welfare of performers, their audience, and the general public, to prevent unreasonable interference with the public's use and enjoyment of public areas, to allow residents' enjoyment of peace and quiet in their homes, and to give businesses the ability to operate and conduct their business.
(Ord. 5897 § 1, 2017)
For purposes of this chapter, the following words and phrases shall have the meaning set forth unless a different meaning is clearly intended from the context in which such word or phrase is used.
"Perform"
means to engage in a performance including, but not limited to, playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, engaging in magic, creating visual art in its entirety, or similar artistic endeavors.
"Performer"
means an individual or group who performs public entertainment in a public area for tips or gratuities.
"Public areas"
means sidewalks, parkways, paseos, walkways, and all other public spaces and properties in the city.
"Visual art"
means sculptures or drawings and paintings, applied to paper, cardboard, canvas, or other similar or technologically equivalent medium through the use of brush, pastel, crayon, pencil, stylus, or other similar object.
(Ord. 5897 § 1, 2017)
A. 
Notwithstanding any other provision of this code, no performer may perform:
1. 
Within 10 feet of any bus stop;
2. 
Within 10 feet of any street corner or marked pedestrian crosswalk;
3. 
Within 10 feet of the outer edge of any entrance to any business, including, but not limited to, doors, vestibules, and driveways, 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; and
4. 
Within 10 feet of the outer edge of any area permitted for sidewalk or outdoor dining including, but not limited to, sidewalk or outdoor dining entries and exits during the hours the business is open to the public.
B. 
A performer and the performer's equipment may not block or obstruct the free and safe movement of pedestrians or vehicular traffic. If a 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 may cause the performer to leave the location or require that the performer relocate his or her equipment, but shall not prevent the performer from occupying another location that does not block the free and safe movement of pedestrians or vehicular traffic.
C. 
No performer shall use any knife, sword, torch, flame, axe, saw, firearm or other object that can cause serious bodily injury to any person or that can be used in any manner that can cause serious bodily injury to any person.
D. 
No performer shall ask or allow any observer, bystander, or audience member to engage in any activity, including, but not limited to, acrobatics, tumbling, or cycling that can cause serious bodily injury to any person.
E. 
No performer shall use any generator, wet cell battery with removal fill caps, or other power source that poses a fire or public safety hazard. No performer shall connect or maintain an electrical cord to an adjacent building or to a city power source.
F. 
No performer may litter his or her performance site or damage or mark any public property.
G. 
No performer shall fasten or affix any item including, but not limited to, tape, strap, chain, tie, band, or rope, to any public property.
H. 
No performer shall utilize or prevent the public from utilizing any public benches, waste receptacles or other street furniture during the performance.
I. 
No minor under the age of 16 may 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 or her possession at the time of the performance.
J. 
No performer shall place any object on a sidewalk which causes less than a five foot continuous sidewalk width being kept clear for pedestrian passage.
K. 
No performer shall perform with more instruments, props, equipment, merchandise or other items than the performer can reasonably transport or remove at one time.
L. 
No performer shall utilize a stand-alone umbrella during his or her performance.
M. 
No performer shall leave his or her instruments, props, equipment, merchandise, or other items unattended.
N. 
No performer shall perform in contravention of the allowable noise levels and amplified sound registration requirements established by Chapter 8.36 of this code.
O. 
No performer shall block or obstruct a curb cut.
P. 
No performer shall perform after 10:00 p.m. or before 10:00 a.m.
Q. 
No performer shall use any animal, reptile, or bird as part of his or her performance.
R. 
No performer shall sell goods or services as part of his or her performance.
(Ord. 5897 § 1, 2017)