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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Because buskers and sidewalk performers were previously required to obtain permits, which process is governed generally under Chapter 4 of the Municipal Code, elimination of the permit requirement means that regulation of buskers and street performers must be located in another Chapter of the Municipal Code. Chapter 14 of the Municipal Code governs "Specific Public Safety Regulations," and, accordingly, a new Article and Section of that Chapter have been added to address regulations for buskers and street performers, specifically, Chapter 14, Article 13 (new), Sections 14 -123 through 126. The regulations under this new Article 13, Sections 123 -126 of Chapter 14 are similar to prior Chapter 4, Article 4, Section 4 -21 with the following changes: (1) Clarification has been made to permit busking on days that special events occur in the Central Business and Entertainment Area (CBEA) during hours and places within the CBEA outside the time and location of the event. (2) The fine for a second offense has been reduced from $250.00 to $200.00. (3) A busker has a duty to provide true and accurate self - identification information to a person authorized to enforce the ordinance when that person has probable cause to believe that a violation of the ordinance has occurred. (4) The distance requirements for proximity between other buskers and between buskers and buildings, driveways, curb cuts, outdoor eating areas and similar places or structures has been clarified and the linear distances are recommendations, not mandates. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 4, Article 4, Section 4 -21 of the South Bend Municipal Code addressing Buskers and Sidewalk Performers is hereby repealed. Section II. Former Chapter 4, Article 4, Section 4 -21 is re- codified and amended at Chapter 14, by adding a new Article 13, comprised of Sections 14 -123 through 126, to read in its entirety as follows: ARTICLE 13. Buskers and Sidewalk Performers Regulations. Sec. 14 -123. Definitions For purposes of this Section, the following definitions shall apply: (a) Busker(s) means and includes person(s) who wish to perform on public sidewalks as entertainer(s), including but not limited to performing or entertaining through music dance mime, pantomime, theater, acting, puppetry, and similar artistic expression. (b) Central Business and Entertainment Area means the area depicted in the attached Exhibit A -1.