11-11-13 Common Council Agenda & Packet

Home Browse Search

Busker and Sidewalk Performer Ordinance Page 4 solicitation is not done in an aggressive manner which recklessly interferes with pedestrian safety and /or vehicular traffic."' (11) Not be performing within ten feet (10') of any street corner, marked pedestrian crosswalk, entrance to any building, driveway, curb cut, outdoor eating area, emergency exit in order to not obstruct or block the free and safe movement of pedestrians or blocks the site vision needed for the safety of motor vehicle drivers. (12) Not perform less than fifty feet (50') from another busker or sidewalk performer. (13) Not have any equipment or items used for performing which obstructs or blocks the free and safe movement of pedestrians or blocks the site vision needed for the safety of motor vehicle drivers; with all stages and platforms being prohibited. No equipment or items used for performing shall be left unattended by the busker or sidewalk performer. (e) Permit Non - Transferable: All permits issued under this section are non - transferable. (f) Days Excluded from Performing: Annual special events taking place in the Central Business and Entertainment Area and other events requiring the use of sidewalks in this Area take precedence over buskers and sidewalk performers. The Clerk to the Board of Public Works shall be responsible for notifying all persons seeking a permit under this section of such annual special event dates, and at least seventy -two (72) notice of new events which are approved requiring the use of such designated areas. (g) Refusal to Issue Permit; Suspension or Revocation of Permit: The City may refuse to issue a permit, and any permit issued under this Section may be suspended or revoked. Such actions shall be governed by Section 4 -16 of the South Bend Municipal Code. (h) Penalties: Any person violating any provisions of this Section shall be issued an ordinance violation citation. Penalties shall be one hundred dollars ($100.00) for the first violation; two hundred fifty dollars ($250.00) for the second violation and five hundred dollars ($500.00) for all violations thereafter. Payment of penalties up to two hundred fifty ($250.00) shall be made through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of the citation shall result in a late fee of an additional fifty dollars ($50.00) for every thirty (30) days it remains unpaid. Any one who is issued a permit under this Section in 2013, said permit shall also be valid throughout the 2014 calendar year. Section II. Severability Clause: If any subsection, sentence, clause, phrase or word of this ordinance is declared to be unconstitutional or otherwise invalid by a Court of proper jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.