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1200 COUNTY -CITY BUILDING <br />227 W. JEFFERSON BOULEVARD <br />SOUTH BEND, INDIANA 46601 -1830 <br />CRISTAL C. BRISCO <br />CORPORATION COUNSEL <br />CI'T'Y OF SOUTH BEND PETE BU'ITIGIEG, MAYOR <br />DEPARTMENT OF LAW <br />March 23, 2016 <br />Mr. Tim Scott <br />President, South Bend Common Council <br />4th Floor, County -City Building <br />South Bend, IN 46601 <br />Re: Ordinance to Further Amend Municipal Code Regarding Buskers <br />Dear Council President Scott: <br />PHONE 574/235 -9241 <br />FAX 574/235 -7670 <br />TTY 574/235 -5567 <br />ALADEAN M. DERosE <br />CITY ATTORNEY <br />On December 9, 2013 the South Bend Common Council passed Ordinance No. 10274 -13 <br />which amended Chapter 4, Article 4, of the South Bend Municipal Code by adding a new <br />Section 4 -21. This new Section licensed and regulated "busking" which is the performance of <br />entertainment by individuals on public sidewalks. That regulatory scheme was designated as a <br />"pilot program" for which review by the Common Council and City Administration was to be <br />done by December 31, 2014. I made a report to the Common Council about busking on <br />December 8, 2014. In that report, I concluded that the presence of buskers or street performers in <br />the downtown area of South Bend had a positive effect on the area and continued to be favored <br />by businesses and the public. One comment summarized the overall attitude of those <br />interviewed by DTSB: "Busking is awesome; people really seem to appreciate it and enjoy <br />it...." <br />The other uniform comment from interviewees was that some regulation is desirable <br />because rules not only ensure public safety resulting from potential crowding in critical areas like <br />business entrances and sidewalks adjacent to busy streets, but rules also assist buskers resolve <br />conflicts that may arise with competition for busking placement, and it helps buskers be aware of <br />public safety concerns. <br />Since July 29, 2014 (under Ord. No. 10318 -14), the City has not enforced the busker <br />ordinance (No. 10274 -13) due to pending federal litigation. In order to retain the important <br />ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY ANDREA HUNTINGTON <br />TASHA REED OUTLAW MICHAEL J. SCHMIDT STEPHANIE STEELE <br />