ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE RELATING TO THE REGULATION OF STREET ARTISTS; AMENDING DEFINITIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, , Florida Statutes, provides for procedures for the adoption of ordinances and resolutions by municipalities; and, WHEREAS, the City Commission of St. Augustine passed Ordinance , subsequently amended, which was content neutral and narrowly drawn availing ample alternative avenues of communication to achieve the foregoing substantial, significant government interests; and WHEREAS, the Eleventh Circuit Court of Appeal issued an opinion which found that the subject Ordinance was constitutional. See Horton v. City of St. Augustine, 272 F.3d 1318 (11 th Cir., 2001); and WHEREAS, the City Commission of the City of St. Augustine, Florida, hereby reaffirms and adopts the legislative findings of Ordinance and subsequent amendments; and WHEREAS, the City Commission of the City of St. Augustine, Florida, seeks to clarify and reinforce the definition of First Amendment expressive activities; and Page 1 of 5

2 WHEREAS, the City Commission for the City of St. Augustine finds that it is in the best interest of public health, safety and general welfare that the following amendments be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS: Section 1. Amending City Code Section Section of the Code of the City of St. Augustine is hereby amended, as follows: Sec Regulation of sstreet performers Artist. (a) Intent. The City Commission of the City of St. Augustine hereby ratifies, approves and adopts all of the foregoing predicate "Whereas" clauses. The City Commission of the City of St. Augustine finds that the existence in the city of sstreet performers Artists and the street vendors, as hereinafter defined, in the prohibited public area, as hereinafter defined, would interfere with the public health, safety, and welfare of the pedestrian traffic, including residents and tourists by, among other things, attracting audiences which congest the prohibited public area. The city finds that the existence of the sstreet performers Artists and the street vendors in the prohibited public area further would adversely affect the city's interests in the aesthetics incident to the oldest city in the United States and would adversely affect the interest of residents and the regulated, code compliant businesses and museums in the enjoyment of peace and quiet in their homes, businesses and museums. Also, the city finds that the existence of the sstreet performers Artists and street vendors in the prohibited public area would pose a safety risk to the public and passers-by by congestion and clutter in this area of St. Augustine. Therefore, it is the intent of the city to prohibit the sstreet performers Artists from performing in the prohibited public area of the City of St. Augustine and the street vendors from vending in the prohibited public area but to permit them to have access to reasonable alternative avenues of communication throughout the city. (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Page 2 of 5

3 (1) Expressive Speech includes by way of example and not limited to, creating visual art and wares such as paintings, drawings, prints, photographs, and sculptures. Expressive Speech also includes, by way of example and not limited to, acting, singing, orating, playing musical instruments, performing pantomime, mime, magic, and dance, juggling and performance artistry. To the extent the forgoing list is viewed not as intended to be exemplary guidance but as exclusive, Expressive Speech also includes other activities recognized by courts as predominantly speech rather than any other purpose. Expressive Speech does not include making or selling items which are intended to serve any functional or utilitarian use or purpose, or otherwise contain no first amendment expressive content, even if the item is decorative. Perform includes acting, singing, playing musical instruments, pantomime, mime, magic, dancing, juggling, artistry or the creation of visual art and wares, which means drawings or paintings applied to paper, cardboard, canvas, cloth or to other similar medium when such art is applied to the medium through the use of brush, pastel, crayon, pencil, spray or other similar object, and the creation, display and/or sale of crafts made by hand or otherwise. (2) Prohibited activity means any activity involving the use of fire, aerosol or spray paint. (3) Prohibited public area means the pedestrian accessed public areas of St. George Street from Cathedral Place north to Orange Street and within fifty (50) feet of that section of St. George Street on the intersecting public lanes, streets or thoroughfares. (4) Street performers Artist means individuals who perform engage in Expressive Speech, as defined herein, on the streets property of the City of St. Augustine. (5) Street vendors means individuals who sell or offer for sale, compensation or donation, or rent or offer for rent, goods, wares, merchandise, food stuffs, refreshments, or other kinds of property or services., on property of the City of St. Augustine. (6) Other public areas means public streets, rights-of-way, sidewalks, parks, playgrounds, and all public ways except those portions of the streets and roadways intended for use by vehicular traffic within the City of St. Augustine. (7) Vending means to sell or offer for sale, compensation or donation, or rent or offer for rent, goods, wares, merchandise, food stuffs, refreshments, or other kinds of property or services. Page 3 of 5

4 (c) Prohibition. No sstreet performers Artist may perform Expressive Speech in a prohibited public area. No street vendors may vend in a prohibited public area. No sstreet performer Artist or street vendor may perform a prohibited activity anywhere in the City of St. Augustine. (d) Exceptions. A sstreet performer Artist shall not perform in a manner that interferes with the visibility of any motorist, or at or near intersections or passages in a manner which interferes with the sight distance of any motorist traveling on or entering any thoroughfare in the city. (e) Penalties. Offenses under this section shall be punishable as provided in section 1-8 of this Code. Section 2. Inclusion in Code. The City Commission intends that the provisions of this ordinance shall become and shall be made part of the Code of the City of St. Augustine, that the sections of this ordinance may be renumbered or relettered and that the word ordinance may be changed to section, article or other such appropriate word or phrase in order to accomplish such intentions. Section 3. Conflict with Other Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Severance of Invalid Provisions. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 5. Effective Date. This ordinance shall become effective ten (10) days after passage, pursuant to Section (4), Florida Statutes. Page 4 of 5

5 PASSED by the City Commission of the City of St. Augustine, Florida, this day of, Nancy E. Shaver, Mayor-Commissioner ATTEST: Darlene Galambos, City Clerk (SEAL) Coding: Words stricken are deletions; words underlined are additions. Page 5 of 5