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HomeMy WebLinkAboutStreet Performers - Ordinance 3912 - Add Chapter 8.75 to HBM PROOF O PUBLICATION STATE OF CALIFORNIA) OF COUNTY OF ORANGE ) HUNTIclTONNGTON BEACH LEGAL NOTICE - ORDINANCE NO.3412 Adopted by the . I am a citizen of the United States and a MARCH toil resident of the County aforesaid; I am "AN ORDINANCE of THE CITY OF HUNTINGTON over the age of eighteen years, and not BEACH ADDING CHAP- TER;8.75 OF THE HUN- a party to or interested In the notice TINGTON BEACH MU- NICIPAL CODE RELATING" published. I am a principal Clerk of the TO STREET,PERFORM- HUNTINGTON BEACH INDEPENDENT, IN ORDER:TO ADDRESS which was adjudged a newspaper of THE GROWING NUN- MBER OF STREET PER- general circulation on August 24, 1994, FORMERS IN THE DOWNTOWN BUSINESS case A50479, for the City of Huntington DISTRICT, IT.WAS NEC- ESSARY TO ADOPT AN Beach, County of Orange,,and the State. ORDINANCE THAT ' WOULD GOVERN THEIR of California.,Attached to this Affidavit is ACTIVITY,' LOCATION, AND 'THE TIME THEY a true and complete co as was printed MAY PERFORM. ADOP- TION OF .THIS ,CODE and published on'the following date(s): WILL ENABLE POLICE OFFICERS AND FIRE j PERSONNEL TO 'EN FORCE REASONABLE RESTRICTIONS. UPON STREET PERFORMERS. THE RESTRICTIONS WILL I March 17, 2011 SAFE- TYINCREA AND SADHERE TOT UNITED STATES CONSTV TUTION- PASSED AND ADOPTED ` by the .City Council of certify (or declare) under penalty of Bea hityatf a Huntington meeting held March 7, perjury that the foregoing is true and I 2011 by the following roll call vote: correct. AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer,Boardman NOES:None . . ABSTAIN:None ABSENT:None Executed on March 24, 2011 THE_FULL TEXT OF THE .ORDINANCE IS AVAIL- ABLE IN THE CITY at Costa Mesa, California CLERK'S OFFICE. This ordinance is effec- tive 30 days -after adoption. 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X=6029335-74/Y--2187996.45 Lat=33*39'34-M 1 L—117*59'SB-W 7- 5 44P oU- 0A) t Council/Agency Meeting Held:_ Deferred/Continued to: 3' r! `6 Ap rove Conditio ally Approved ❑ Denied zk�lly { s Sig ure Council Meeting Date: February 22, 2011 Department ID Number: PD 11-002 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Approve for introduction Ordinance No. 3912 adding Chapter 8.75 to the Huntington Beach Municipal code relating to Street Performers Statement of Issue: In order to address the growing number of Street Performers in the Downtown Business District, it is necessary to adopt an ordinance that will govern their activity, location and the time they may perform. Financial Impact: No funds required Recommended Action: Motion to: Approve for introduction Ordinance No. 3912, "An Ordinance of the City of Huntington Beach Adding Chapter 8.75 of the Huntington Beach Municipal Code Relating to Street Performers." Alternative Action(s): Do not approve the ordinance and instruct staff on how to proceed. H -309- Item 16. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 2/22/2011 DEPARTMENT ID NUMBER: PD 11-002 Analysis: Within the last year, there have been a growing number of Street Performers' in the Downtown Business District. These performers range from musicians playing guitars, drums, congas and bongos, to magicians and dancers. Street Performers are for the most part, a positive aspect of the downtown experience. There are, however, instances where public safety has been at risk due to the large crowds which congregate to certain performers. During the summer months, as many as 250 individuals congregate on the northeast corner of Main Street and Walnut Avenue in order to listen and dance to a group of performers. This has resulted in the ensuing crowd completely obstructing the entire corner. The crowds have made it impossible for individuals to walk on the sidewalk, and impossible for vehicles to proceed on Westbound Walnut and Northbound Main Street. The crowd peaks between the hours of 1:00 am and 2:30 am, which is the same timeframe most downtown establishments close. The exiting patrons, many of whom are intoxicated and numbering in the hundreds, gravitate toward one area. The Municipal Code does not currently address the actions of Street Performers. Municipal Code Chapter 8.75 has been written to govern the activity, location, and time Street Performers may perform. Adopting this code will allow Police Officers and Fire Personnel to enforce reasonable restrictions upon Street Performers. These restrictions will increase public safety and adhere to the United States Constitution. The United States Court, United States Court of Appeals, Ninth Circuit has passed court tests for acceptable restrictions of Street Performers as recent as June, 2009. It has deemed it constitutional for municipalities to regulate the time of day and location of street performers for the sake of public safety. Several municipalities within California including the cities of Avalon, Santa Monica, and Los Angeles (Venice) have adopted such ordinances. These codes have assisted the governing agencies to safely regulate Street Performers. Environmental Status: NA Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): e 1 Ordinance No. 3912, "An Ordinance of the City of Huntington Beach Adding Chapter 8.75 of the Huntington Beach Municipal Code Relating to Street Performers." Item 16. - 2 HS -310- ATTACHMENT # 1 ORDINANCE NO. 3912 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 8.75 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO STREET PERFORMERS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 8.75.010 of the Huntington Beach Municipal Code is hereby added to read as follows: 8.75.010 Purpose: The City finds that the existence in the City of street performers provides, for some, a public amenity that enhances their enjoyment in, and character of, the City in a manner consistent with the overall public interest. The City also recognizes that street performers seek to and do draw crowds to their performance. Doing so can create conflicts in the use and enjoyment of public areas by impacting the ability of pedestrians to move freely and safely on the sidewalks and through crosswalks,by blocking and impeding vehicular traffic on City streets, by impacting pedestrians' ability to enter and exit various businesses, and impacting public safety personnel in responding to calls for service. Recognizing that street performers are engaged in First Amendment activities, and,the difficulty of striking and maintaining a balance between these open competing interests has been increased by changing conditions in the City, changing activities undertaken by street performers in public areas, this chapter imposes reasonable time, place and manner regulations. The regulations are for the public health, safety and welfare to ensure the safety of performers,their audience, and the general public, to prevent unreasonable interference with the public's use and enjoyment of public areas,to allow residents' enjoyment of peace and quiet in their homes, and the ability of businesses to operate and conduct their business. SECTION 2. Section 8.75.020 of the Huntington Beach Municipal Code is hereby added to read as follows: 8.75.020 Definitions: For purposes of this chapter, the following words and phrases shall have the meaning set forth unless a different meaning is clearly intended from the context in which such word or phrase is used. Any word or phrase not defined herein shall have the meaning attributed to it in ordinary usage. (a) CHARGE. To require someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions, through passing around a hat, leaving open an instrument case or other receptacle, or soliciting donations after a performance, is not a charge. (b) PERFORM. To engage in a performance including, but not limited to, playing musical instruments, singing, dancing, acting, pantomiming, puppeteering or juggling. I 0-2672/53926 1 Ordinance No. 3912 (c) PERFORMER. An individual or group who performs public entertainment in a public area for tips or gratuities. (d) PUBLIC AREAS. Sideways, streets, parkways, walkways and all other public spaces located in the City. SECTION 3. Section 8.75.030 of the Huntington Beach Municipal Code is hereby added to read as follows: 8.75.030 Rules and Regulations: (a) Notwithstanding any other provision of this code, no performer may perform: (1) Within ten feet of any bus stop; (2) Within ten feet of any street corner or a marked pedestrian crosswalk; (3) Within ten feet of the other edge of any entrance of any business, including, but not limited to, doors, vestibules, driveways, outdoor dining entries and emergency exits, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises. (b) A performer and the performer's equipment may not block or obstruct the free and safe movement of pedestrians. If a sufficient crowd gathers to observe a performer such that the passage of the public through a public area is blocked or obstructed, a police officer or fire official may disperse that portion of the crowd that is blocking or obstructing the passage of the public. If a performer cannot conduct a performance in a location without blocking or obstructing the passage of the public, a police officer or fire official may cause the performer to leave the location or require that the performer relocate his/her equipment, but shall not prevent the performer from occupying another location. (c) A performer who performs for a charge shall obtain a business license and be subject to all applicable provisions of Chapter 5.08. A performer who performs without charge shall not be required to obtain a business license. (d) No performer shall construct, erect, or maintain any stage, platform, or similar structure for use during any performance unless the stage or platform: (1) Is integral to the performance and the performance only takes place on the stage; (2) Does not exceed four feet by four feet and one-quarter inch in height; (3) Is removed from the public way when the performer is not performing; (4) Has beveled edges. 10-2672/53926 2 Ordinance No. 3912 (e) No performer shall use any knife, sword, torch, flame, axe, saw or other object that can cause serious bodily injury to any person. (f) No performer shall ask or allow any observer, bystander, or audience member to engage in any activity, including, but not limited to, acrobatics,tumbling, or cycling, that can cause serious bodily injury to any person. (g) No performer shall use any generator, wet cell battery with removable fill caps,or any other power source that poses a fire or public safety hazard. No performer shall connect or maintain an electrical cord to an adjacent building or to a City power source. (h) No performer may litter his or her performance site or damage or mark any public property. (i) No performer shall utilize or prevent the public from utilizing any public benches, waste receptacles or other street furniture during the performance. (j) No minor under the age of sixteen can perform unless the minor is at all times accompanied by a responsible adult eighteen years of age or older, has obtained an entertainment work permit issued by the Department of Industrial Relations of the State of California and maintains the permit in his/her possession at the time of the performance. (k) No performer shall place any object on a public sidewalk which causes less than a four- foot continuous sidewalk width being kept clear for pedestrian passage. (1) No performer shall perform with more instruments,props,equipment, merchandise, or other items than the performer can reasonably transport or remove at one time. (m) No performer shall leave his/her instruments, props, equipment,merchandise, or other items unattended. (n) No performer shall perform in contravention of the allowable noise levels established by Chapter 8.40 of this code. (o) No performer shall block or obstruct a curb cut. (p) No performer shall perform after 11 p.m. or before 8 a.m. SECTION 4. This ordinance shall become effective 30 days after its adoption. 10-2672153926 3 Ordinance No. 3912 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of March , 2011 . r ATTEST: APPROVED AS TO FORM: '31- / Ic City Clerk City ttorney nkp sj11a1 REVIEWY,D AND APPROVED: INITIATED AND APPROVED: t A ministrator Chief of Police 14-2672/53926 4 Ord. No. 3912 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven;that the foregoing ordinance was read to said City Council at a regular meeting thereof held on February 22,2011, and was again read to said City Council at a regular meeting thereof held on March 07,2011, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Shaw, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: Harper ABSENT: None ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on March 17,2011. In accordance with the City Charter of said City Joan L. Flynn,Ci_ Cler CaClerk and ex-officioUterk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California