11-11-13 Common Council Agenda & Packet

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Busker and Sidewalk Performer Ordinance Page 2 The following regulations are designed to be a pilot program in South Bend's Downtown Central Business and Entertainment Area, which if successfully implemented, may be expanded to other parts of the City of South Bend, Indiana. These regulations shall be formally reviewed by the South Bend Common Council and the City Administration no later than August 1, 2014, to determine whether the pilot program 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. 9�Q, GnMarda4wd by the Common Council of the City of South Bend, Indiana, as follows: Section 1. 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: See. 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 which have been approved by the City's Director of the Department of Public Works or his/her designee and are conspicuously marked as locations for performing which would not negatively impact preserving public safety, order, welfare and convenience. (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.