Amending Chapter 4 Entitled Buskers and Sidewalk Performers

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Busker and Sidewalk Performer Ordinance Page 2 should be enlarged so that other areas of the city may be incorporated. The regulations are believed to be consistent with the "Memorandum and Order" issued by the U.S. District Court, Easter District of Missouri, Eastern Division on July 30, 2013 in Nick Pence, et al v. City of St. Louis, Missouri, Case No. 4:13CV871 CDP, which is the most recent decision issued on similar legislation. A—m0 o, &&@rda&wd by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 4, Article 4 of the South Bend Municipal Code is amended by the inclusion of new Section 4 -21 which shall read in its entirety as follows: Sec. 4 -21 Buskers and Sidewalk Performers. (a) Definitions: For purposes of this Section, the following definitions shall apply: (1) Busker(s) means and includes person(s) who wish to perform on public sidewalks as entertainer(s). (2) Central Business and Entertainment Area means the area depicted in the attached Exhibit A -1.' (3) City shall mean City of South Bend through its Office of the City Controller in the Department of Administration and Finance. (4) Designated locations shall mean areas on public sidewalks located within the Central Business and Entertainment Area, except those areas which have been excluded by the Board of Public Works for events approved for locations within this area; and any other public sidewalk locations excluded by the Director of the Department of Public Works or his/her designee due to public safety concerns (5) Perform shall mean forms of entertainment which do not violate the noise regulations set forth in Sections 3 -9, and 13 -57 of the South Bend Municipal Code". (6) Sidewalk Performer(s) shall have the same meaning as busker(s). (b) Permit Required: No person who wishes to perform as a busker or sidewalk performer in the Central Business and Entertainment Area shall do so without a permit required by this Section from the Office of the City Controller. (c) Application: Any person wishing to perform as a busker or sidewalk performer must file a completed application through the Office of the City Controller. Said application shall require: (1) Name, address, cell telephone number and email of person(s) wishing to perform, (2) Provide proof of identity by a government or school issued identification card or license, (3) If a minor (under the age of 18 years of age) consent of parent or legal guardian, (4) Description of form of entertainment the applicant wishes to perform, and (5) Signature of the applicant that he /she acknowledges receiving a copy of the governing regulations and agrees to abide by such regulations if his/her application is approved.