Bill 19-16 Addressing Buskers and SideWalk Performers by repealing ch 4 article 4 section 4-21 of the SBMC and amending

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AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ADDRESS BUSKERS AND SIDEWALK PERFORMERS BY REPEALING CHAPTER 4, ARTICLE 4, SECTION 4 -21 OF THE SOUTH BEND MUNICIPAL CODE, RE- CODIFYING AND AMENDING IT WITHIN A NEW ARTICLE 13 OF CHAPTER 14, NEW SECTIONS 14 -123 THROUGH 14 -126 OF THE MUNICIPAL CODE, AND FURTHER AMENDING CHAPTER 13, ARTICLE 12, SECTION 13 -26 CONCERNING SOLICITATIONS STATEMENT OF PURPOSE AND INTENT On July 28, 2014 the South Bend Common Council passed Ordinance No. 10318 -14 which directed that a full and complete review be undertaken of the City of South Bend's pilot program busker ordinance, Chapter 4, Article 4, Section 4 -21 of the Municipal Code of the City of South Bend, Indiana (Municipal Code) which was originally enacted December 9, 2013 Ordinance No. (10274 -13). The South Bend Common Council and the City Administration have completed their review of the busker ordinance and the busking activity which has occurred in South Bend pursuant to that ordinance since its effective date. They have determined that street entertainers should be encouraged and promoted in the Central Business and Entertainment Area of South Bend; that the City continues to have a substantial interest in the safety of the public and of street performers in the public right of way, and also in protecting the public from aggressive, harassing activity. However, in achieving these goals of maintaining a safe environment to maximize social, business, cultural and recreational activities, while eliminating nuisance activity which could harm the social environment, it is desirable to modify the existing legislation affecting buskers and solicitation in the South Bend Municipal Code. As a pilot program, the original ordinance was limited to the Central Business and Entertainment area identified as Exhibit A -1 in the original ordinance (10274 -13). At this time that area remains the most heavily travelled pedestrian portion of the City, and the pilot program review did not suggest a present need to expand busking activity into other areas, although this may be desirable in the future. The most significant changes in the prior busker program under this ordinance include the elimination of the licensing process, and an exemption in the regulation of solicitation under Chapter 13, Article 2, Section 13 -26 of the Municipal Code for those buskers who solicit money for their performances. 1