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)