(A) Performances shall only take place in designated locations within the Downtown Development Authority District. The city may reasonably designate (and subsequently revoke) in writing additional locations for performances.
(B) Except as otherwise approved in the permit, the city may establish time, place and manner of restrictions on performances or may prohibit performances when events sponsored by the Downtown Development Authority are in progress.
(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 City Clerk 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 city 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.
(1) Perform within ten 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 city or perform in any area prohibited by the City Manager, his or her designee, or the Chief of Police in the case of an emergency;
(3) 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; or public safety hazard; or
(c) Any connection to or maintenance of an electrical cord to an adjacent building or to a city power source;
(4) Utilize or prevent the public from utilizing any public benches, waste receptacles, or other street furniture during the performance;
(5) Place any object on a public sidewalk or physically occupy the sidewalk in any way which causes less than a six foot contiguous sidewalk width being kept clear for pedestrian passage.
(6) Perform with more instruments, props, equipment, merchandise or other items than the performer can reasonably transport or remove at one time;
(7) Place his or her instruments, props, equipment, 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 subchapter;
(8) Offer for sale or make available for a price or donation any items or merchandise;
(9) Display any sign other than the street performer permit;
(10) Violate the applicable provisions of the code regarding noise;
(11) Block or obstruct a curb cut;
(12) 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 subchapter;
(13) Obstruct the visibility of a motorist;
(14) Perform in a manner that is obscene as defined by § 93.071; or (15) Except as expressly permitted in this subchapter, perform in any way that violates any other provisions of the city code.
(H) The City Council authorizes the City Manager the authority to promulgate rules and regulations relating to the time, place, and manner of performances and to establish the necessary forms, rules and regulations to implement this subchapter.
(Ord. 05-2015, passed 6-15-2015)
