ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING SECTION 22-6 OF THE CODE OF THE CITY OF ST. AUGUSTINE RELATING TO STREET ARTISTS ACTIVITY WITHIN THE PLAZA DE LA CONSTITUCION; PROVIDING FOR THE REMOVAL OF PROVISIONS ALLOWING FOR THE SALE OF COMMERCIAL MERCHANDISE AND SERVICES ON PUBLIC PROPERTY WITHIN THE PLAZA DE LA CONSTITUCION; AMENDING RANDOM LOTTERY PROCEDURES; PROVIDING FOR INDIGENCY WAIVER; 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 recognizes the Plaza de la Constitucion as a public park with sidewalks as a traditional public forum; however, the City Commission also recognizes that the Plaza de la Constitucion, a 49,560-square foot park with historically significant structures and statuary situated in the heart of the ancient walled city and historic preservation zoning district 2 (HP-2), has historically been utilized as a passive park for citizens, visitors and tourists alike; and WHEREAS, the Plaza de la Constitucion is a unique historic tourist attraction of the City of St. Augustine. It was laid out pursuant to a Royal Ordinance of 1573 requiring public buildings to front on the Plaza. The Plaza is a key element in the historic town plan which is on the National Register. The Plaza was conveyed by Congress in 1827 to the Corporation of the City of St. Augustine; and Page 1 of 12

2 WHEREAS, the City considers the heart of St. Augustine is the Plaza de la Constitucion. In the heart of the Plaza is a monument commemorating the short lived Constitucion of 1812; and WHEREAS, the obelisk commemorating the short lived Spanish Constitucion of 1812 is believed the only surviving monument in the entire world commemorating the short lived attempt at government in Spain in the Napoleonic Wars; and WHEREAS, other historical monuments have been placed in the Plaza including ones honoring the dead of various American Wars including the Civil War and World War I; and WHEREAS, the Foot Soldiers Monument and Andrew Young Crossing footsteps have memorialized significant civil rights era events and created an interactive environment with the sidewalk itself in recreating Mr. Young s footsteps into the pavement; and WHEREAS, the City Commission recognizes that first amendment expressive activities have a right to be made available in the Plaza de la Constitucion; and WHEREAS, the character of St. George Street from Cathedral Place extending north of Cathedral to Orange Street ( St. George Street ) is different than that of the Plaza de la Constitucion in that St. George Street is a narrow area with businesses and residential dwellings on either side of St. George Street and has a greater need for Page 2 of 12

3 restrictions and prohibitions than the Plaza de la Constitucion because of heightened concerns about emergency access, pedestrian safety, local economy and public health, safety and welfare in general; and WHEREAS, the City Commission also recognizes that reasonable time, place and manner regulation of such protected expression meets Constitutional standards provided such regulations are justified without reference to the content of the regulated speech, are narrowly tailored to achieve a significant government interest, provide ample alternative channels for such expression and do not delegate overly broad licensing discretion to government officials; and WHEREAS, the City of St. Augustine recognizes that the Plaza de la Constitucion is often extremely crowded with pedestrian traffic and that it is crucial to the continued life and interest of the community to safeguard this area with reasonable restrictions and regulations regarding the public thoroughfare to ensure the health, safety and welfare of those using the street and ensure free-flow, uncongested use of the Plaza de la Constitucion by all of the City s residents, visitors and tourists and to preserve the historical monuments, character and charm of the area; and WHEREAS, the Plaza de la Constitucion requires reasonable time, place, and manner restrictions to maintain its unique historic character, preserve its status as a tourist attraction, and ensure the safety and enjoyment of residents, visitors, advocates, artists, and other first amendment expressive activity alike. Due to its unique historical, geographical, and physical characteristics, the Plaza de la Constitucion requires its own set of rules and regulations different from other public parks in the City; and Page 3 of 12

4 WHEREAS, the City Commission of the City of St. Augustine enacted Ordinance on September 14, 2009; and WHEREAS, Ordinance contains the legislative finding demonstrating the City of St. Augustine s significant government interest in proper time, place manner regulation of Street Artist use of the Plaza de la Constitucion; and WHEREAS, Ordinance was upheld as a proper time, place, manner regulation by the United States Court of Appeals for the Eleventh Circuit on November 15, 2001 in the case of Horton v. City of St. Augustine; and WHEREAS, the City Commission for the City of St. Augustine hereby affirms the findings and intent of Ordinance ; and 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 22-6 of the Code of the City of St. Augustine is hereby amended, as follows: Sec Provision for sale of merchandise and services on public property within the Plaza de la Constitucion; provision for sstreet performer Artist activity within the Plaza de la Constitucion; establishment of a random lottery for space in the Plaza de la Constitucion for street vendors; establishment of a random lottery for space in the Plaza Page 4 of 12

5 de la Constitucion for other sstreet performer Artist activity; provision for the procedures for said lottery; providing penalties. (a) 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: (1) Market in the Plaza ("market") means the historic market in the Plaza de la Constitucion, as represented on District No. 5, Official Map of the City of St. Augustine, adopted June 12, 1923, by Ordinance No. 164, as a rectangle at the east end of the plaza, as labeled on the official map. (2) Plaza means the Plaza de la Constitucion, as represented on District No. 5, Official Map of the City of St. Augustine, adopted June 12, 1923, by Ordinance No. 164, excluding the market in the plaza, and the rights-ofway and sidewalks located around the perimeter of the plaza as more specifically described below: a. The right-of-way known as King Street and the sidewalks adjacent to both sides of said right-ofway running from the southwest corner of the intersection of King Street and St. George Street to the southeast corner of the intersection of King Street and Charlotte Street. b. The right-of-way known as Cathedral Place and the sidewalks adjacent to both sides of said right-ofway running from the northwest corner of the intersection of Cathedral Place and St. George Street to the northeast corner of the intersection of Cathedral Place and Charlotte Street. c. The right-of-way known as St. George Street and the sidewalks adjacent to both sides of said rightof-way running from the northwest corner of the intersection of St. George Street and Cathedral Place to the southwest corner of the intersection of St. George Street and King Street. d. The right-of-way known as Charlotte Street and the sidewalks adjacent to both sides of said right-ofway running from the southeast corner of the intersection of Charlotte Street and King Street and the northeast corner of the intersection of Charlotte Street and Cathedral Place. Page 5 of 12

6 (3) Street performer or street performances Artist includes those individuals as defined in Sec of the City Code. includes acting, juggling, singing, playing musical instruments, pantomime, mime, magic, dancing, artistry or the creation of visual art and wares, which includes 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. (4) 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. (5) 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. (b) Prohibition of street vending outside the provisions of ordinance. Other than provided for herein, it is unlawful for any person 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 upon the streets, alleys, sidewalks, parks and other public places in the plaza. (c)(b) Absolute prohibition of vending of certain goods. Notwithstanding any other provision in this ordinance, the following goods and services shall not be offered for sale or donation anywhere in the market in the plaza: Food, beverages, housewares, appliances, sunglasses, auto parts, oils, incense, perfume, lotions, candles and clothing and accessories (including handbags and shoes), jewelry, toys and stuffed animals, flashlights or glow sticks and items intended to serve any functional or utilitarian purpose containing no first amendment expressive content. (d)(c) [Unlawful to engage in sstreet performer Artist activity in plaza.] Other than as provided for herein, it is unlawful offor any person to engage in any sstreet performer Artist activity in the plaza. (e)(d) Exemption for newspaper vending machines. The provisions of this section shall not apply to the sale or offer for sale of Page 6 of 12

7 newspapers through vending machines of general circulation. For the purposes of this section, 'newspapers of general circulation' means a publication published at regular intervals, primarily for the dissemination of news, intelligence and opinions on recent events or newsworthy items of a general character, and reaching all classes of the public. (f)(e) Lottery. The historic market in the Plaza de la Constitucion shall be subdivided into twelve (12) spaces of approximately equal size that have been delineated with pins; six (6) along the north side and six (6) along the south side, excluding a six-foot wide walkway running east/west down the center of the market in the plaza. The spaces along the north side shall be numbered one (1) through six (6) from west to east and the spaces along the south side shall be numbered seven (7) through twelve (12) from west to east. These twelve (12) spaces shall be available for sstreet vendors Artist desiring to vend nonprohibited wares on a monthly basis. or others desiring to engage in street performer activity on a monthly basis. (g)(f) Procedure for lottery; applications. (1) Applications for spaces in the market in the plaza shall be available at the customer service division and shall provide for the following information: to be provided by a street vendor or other individual that desires to engage in street performer activity either of whom that desires to participate in the lottery to vend in the market in the plaza for a month: Name; address; Florida Sales Tax ID if a street vendor; product to be sold or sstreet performer Artist activity; and printed name and signature. (2) Completed applications must be submitted back to the customer service division by 5:00 p.m. on the 20 th day of the month prior to the month the street vendor or other individual engaging in street performer activity applicant desires to vend or engage in sstreet performer Artist activity in the market in the plaza. In the event that the 20 th day of the month falls on a weekend or a holiday, completed applications must be submitted back to the customer service division by 5:00 p.m. on the last day of normal business for the City of St. Augustine before the 20 th day of the month prior to the month the street vendor or other individual engaging in street performer activity applicant Page 7 of 12

8 desires to vend or engage in street performer Street Artist activity in the market in the plaza. (h)(g) Procedure for Lottery: Drawing for Space in the Market in the Plaza. (1) On the next business day following the deadline for applications to be received, the city comptroller, or his or her designee, shall randomly draw twelve (12) Street Artist applications from all applications received. separate the applications into two groups: the street vendors and the street performer activity applicants As aforementioned, it is the applicant who will choose whether the applicant is applying for street vendor or street performer activity. The first random number will be drawn by the city comptroller, or his or her designee, from the street performer activity applications and the corresponding applicant shall be assigned to space 1 in the market in the plaza; the second random number will be drawn by the city comptroller, or his or her designee, from the street vendor applications and the corresponding applicant shall be assigned to space 7 in the market in the plaza; the third random number will be drawn by the city comptroller, or his or her designee, from the street performer activity applications and the corresponding applicant shall be assigned to space 2 in the market in the plaza; the fourth random number will be drawn by the city comptroller, or his or her designee, from the street vendor applications and the corresponding applicant shall be assigned to space 8 in the market in the plaza; the fifth random number will be drawn by the city comptroller, or his or her designee, from the street performer activity applications and the corresponding applicant shall be assigned to space 3 in the market in the plaza; the sixth random number will be drawn by the city comptroller, or his or her designee, from the street vendor applications and the corresponding applicant shall be assigned to space 9 in the market in the plaza; the seventh random number will be drawn by the city comptroller, or his or her designee, from the street performer activity applications and the corresponding applicant shall be assigned to space 4 in the market in the plaza; the eighth random Page 8 of 12

9 number will be drawn by the city comptroller, or his or her designee, from the street vendor applications and the corresponding applicant shall be assigned to space 10 in the market in the plaza; the ninth random number will be drawn by the city comptroller, or his or her designee, from the street performer activity applications and the corresponding applicant shall be assigned to space 5 in the market in the plaza; the tenth random number will be drawn by the city comptroller, or his or her designee, from the street vendor applications and the corresponding applicant shall be assigned to space 11 in the market in the plaza; the eleventh random number will be drawn by the city comptroller, or his or her designee, from the street performer activity applications and the corresponding applicant shall be assigned to space 6 in the market in the plaza; and the twelfth random number will be drawn by the city comptroller, or his or her designee, from the street vendor applications and the corresponding applicant shall be assigned to space 12 in the market in the plaza. (2) If the city comptroller, or his or her designee, shall not have sufficient applications either from street vendors or those others desiring to engage in street performer activity, then the city comptroller, or his or her designee, will continue to randomly draw from the remaining applications until the entire complement of twelve (12) spaces in the market is allotted. The use of the twelve (12) spots by a permit holder is on a daily, first-come, first-served basis. No Street Artist shall make efforts to reserve a location; and each permit holder shall abandon a location at the end of his or her working day, including the removal of all personal property. (3) Any unassigned unallotted spaces may be assigned by the city comptroller, or his or her designee, on a first come, first serve basis for payment in the amount of seventy-five dollars ($75.00) of the administrative processing fee in the amount of twenty-five dollars ($25.00) after the drawing for space in the market in the plaza is complete for any given month. (4) Applicants that are assigned a space in the market in the plaza shall be required to pay a fee of Page 9 of 12

10 seventy-five dollars ($75.00) an administrative processing fee in the amount of twenty-five dollars ($25.00) within five (5) business days of the drawing and to prominently display a photo ID and permit, provided by the city, identifying the month and space number assigned to the applicant of the drawing. Spaces assigned via the lottery shall not be transferable and shall only be for use by the applicant with photo ID provided by the city. (5) Upon notification to the customer service division of space not utilized for seven (7) consecutive days, the customer service division shall contact the individual Street Artist not present and utilizing assigned space for confirmation of intent to abandon the space for the assigned month. If confirmation cannot be made the space will remain assigned as drawn for the month. If the assigned Street Artist confirms their intent to abandon the space for the month, the customer service division shall contact the next available applicant from the list of applicants received for the given months drawing. Upon payment of the twenty-five dollar ($25.00) administrative fee an id badge and permit will be assigned for use of the abandoned space. (i)(h) Description of street vendor or sstreet performer Artist activity space. Within the designated area in the market, all activities including equipment and personnel and signage must be confined to the designated space demarcated by the metal pins referenced in subparagraph (fe) hereinabove. Street Artist shall not obstruct vehicular or pedestrian traffic, entrance to buildings, bicycle racks, handicapped access or vehicular parking, vehicular loading zones, taxi stands or franchised vehicles for hire stands. (j)(i) (j) Penalties. Offenses under this section shall be punishable as provided in section 1-8 of this Code. Indigency Waiver. Street Artist as defined in Section of the City Code seeking relief from payment of fees based upon an inability to pay must apply to the city clerk for a determination of indigent status using the form provided and provide the required information for such determination as required by section 2-79 of the City Code. Page 10 of 12

11 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. [The remainder of this page is intentionally left blank] Page 11 of 12

12 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 12 of 12