§ 11-245. Original works and performance regulations.

(a)

A performance or original art work or exhibition may take place only in designated areas, and only between the hours of 10:00 a.m. and 9:00 p.m. on Sundays through Thursdays and between 10:00 a.m. and 10:00 p.m. on Fridays and Saturdays.

(b)

Notwithstanding the above, a performance or original art work or exhibition may not take place during a permitted facility use permit or special event permit, except as a component part of the promoter's reserved use of the property for their purposes.

(c)

The designated area will be available daily, only, on a "first come, first served" basis. A particular space shall not become the exclusive space of any person or group of persons in contravention of this rule. Spaces may not be held overnight.

(d)

The capacity of a designated public area shall be determined by law enforcement or park and recreation personnel.

(e)

An artist or performer may not block the passage of the public through a public area, or interfere with the exhibition of original work.

(f)

No person may be allowed to place easels, tables, chairs or similar furniture in the location occupied by another artist or directly in front thereof.

(g)

A person who is working a location shall not display his work or place his equipment or himself in such a way as to block the sidewalk or interfere with pedestrian traffic or the artist next to him. The area of performance, creation or exhibition shall be kept clean, and at the conclusion of the event, shall be restored to pristine conditions. When a member of the public is in front of an artist's location, no other artist will call out, solicit or in any way try to attract attention to himself, his own work, or his own location.

(h)

If a sufficient crowd gathers to see or hear an artist or performer such that the passage of the public through a public area is blocked, a police officer may disperse that portion of the crowd that is blocking the passage of the public.

(i)

An artist or performer may not use electric or electronic amplification except for devices powered only by self contained batteries.

(j)

The conduct and behavior of all performers shall comply in all respects with existing noise ordinances.

(k)

No performer or group of performers shall create or perform at a distance of less than 50 feet from another artist or performer or group of performers who are already creating, performing or exhibiting.

(l)

Nonperforming artists may create and exhibit at a distance of not less than eight feet from another nonperforming artist who is creating or exhibiting.

(m)

When exercising the privileges granted by the permit, no artist or performer may engage in any other commercial transaction other than seeking contribution for performance or sale of recorded performances, or for the producing or selling his or her own original paintings, sketches, and drawings.

(n)

Artists and performers shall collect and remit all applicable taxes on purchases.

(Ord. No. 2012-57, 9-25-12)