Section 300. - Rules and regulations.
A. Locations. Performances may take place in the following locations:
1. In public areas, except within one hundred (100) feet of an elementary and/or secondary school, library, or church while in session, a hospital at any time, and except public areas excluded by the Mayor or his or her designee in the case of an emergency.
2. In public areas where a City-authorized special event, street fair, public festival, farmer's market or event is being conducted, with the permission of the event organizer. Otherwise, at least three hundred (300) feet away from such special event, street fair or public festival, farmer's market or event.
B. Contributions. 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.
C. Prohibitions. No performer shall:
1. Perform within ten (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 ten (10) feet of such business, and may revoke said invitation.
2. Perform less than fifty (50) feet from another performer or group of performers.
3. Perform in any area excluded by the City Council.
4. Perform in any area prohibited by the Mayor or his or her designee in the case of an emergency.
5. 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.
6. Litter his or her performance site. The performer shall be responsible for clean-up of all litter at the performance site.
7. Prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance.
8. Cause less than a five (5) foot contiguous sidewalk width being kept clear for pedestrian passage.
9. Perform with more instruments, props, equipment, merchandise or other items than the performer can reasonably transport or remove at one time.
10. Leave his or her instruments, props, equipment, merchandise or other items unattended.
11. Offer for sale or make available for a price or donation any items without having first procured a license as an "Outdoor Seller" as provided in Title 21 TRO, "Licenses", Chapter 23, "Mobile Vendors".
12. Perform in contravention of the allowable noise levels established in Title 27 TRO, Chapter 14, "Disturbing the Peace", Section 1400, "Noises."
13. Block or obstruct a curb cut.
14. 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 Chapter.
(Ord. No. 23818, § 1, 1-24-2018)
