12-09-13 Common Council Meeting Minutes

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REGULAR MEETING DECEMBER 9, 2013 Councilmember Tim Scott made the presentation for this bill; he presented a power point presentation. He advised that “busking” is considered today to be “artistic free speech” and has been distinguished from panhandling and begging. Busking in public places may be constitutionally regulated by reasonably addressing “time, place and manner: in the government’s interest to maintain public safety, order, welfare and convenience. Such restrictions must be narrowly tailored and “…must not be based on the content of the message: but rather must “serve a significant governmental interest, and must leave open ample alternatives for communication.” He stated that the application must be filed with the Office of the City Controller and a permit cost of $20.00 per calendar year must be paid. Spots are first- come basis. He stated that South Bend’s Downtown Central Business and Entertainment Area if successful may be expanded to other parts of South Bend. He stated that they will review no later than August 1, 2014 for expansion. He noted that no equipment or items may obstruct the safe movement of pedestrians, no blocking the site vision of drivers, no stages or platforms. No equipment or items shall be left unattended by the busker Permit Non-Transferable. No blocking the passage of the public on the sidewalk. Police may disperse any obstruction of passageway. No merchandise for sale. No use of extension cords, but may use battery-powered mikes & speakers so long as such equipment is used in compliance with South Bend Municipal Code §3-8 addressing “Advertising with music for commercial purposes prohibited” and South Bend Municipal Code §3-57 addressing “unreasonable noise.” He stated that busking can take place Monday – Thursday from 8:00 a.m. to 9:00 p.m., Weekends – Friday – Sunday from 8:00 a.m. to 11:00 p.m. Days excluded from Performing: Annual special events taking place in the Central Business. The permit must be prominently displayed while performing. Other events requiring the use of sidewalks in the Area take precedence over buskers and sidewalk performers. Buskers may accept monetary donations while performing. Solicitation is not done in an aggressive manner which recklessly interferes with pedestrian safety and/or vehicular traffic. No performance within twenty feet (20’) of any street corner, marked crosswalk, building entrance, driveway, curb cut, outdoor eating area, emergency exit and not perform less than 50’ from stnd another busker. Penalties are $100.00 for the 1 Violation; $250.00 for the 2 Violation; and rd $500.00 for the 3 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. Councilmember Scott asked the Council for their favorable consideration. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis Jr.: Tim thank you for your presentation. 20’ away from the front door, my recollection of all the downtown and where the traffic actually happens is usually down Michigan Street. Will being 20’ away from the door that will make is virtually impossible for folks to perform where the traffic is actually at. So where do you have in mind where these folks would have the opportunity to play their instruments or do their performances. Because all that is like store front all the way through actually. Councilmember Scott: 20’ if you went just north just of the Chocolate Café there are plenty of spots along there. Just around the corner at Washington, there’s the small park at Jefferson & Michigan. I think that there are plenty of areas throughout the city or throughout the Central Business District. Councilmember Henry Davis Jr.: Okay, is it first come first serve basis and this is a question about people being attached to certain areas or corners. We talked earlier about how there are already people out doing this and a fee being attached to it or something that we are looking at but if I am used to this corner do I get it when I want to have it or just when I show up. Councilmember Scott: No, when you show up for that day. Councilmember Henry Davis Jr.: And the $20.00 fee goes to what? I’m mean obviously for the permit but who collects that fee and what fund is that going to? Councilmember Scott: Controller’s Office collects the fee; the fee goes into the general fund. 4