SALT LAKE CITY ORDINANCE
No. ________ of 2002
(Sidewalk Entertainment and Art Displays)
AN ORDINANCE ENACTING CHAPTER 14.38, RELATING TO SIDEWALK ENTERTAINMENT AND ARTISTS; AMENDING SECTION 15.08.040, PERTAINING TO ADVERTISING MATERIAL DISTRIBUTION WITHIN PARKS; AMENDING SECTION 15.08.060, PERTAINING TO BUSINESS ACTIVITIES WITHIN PARKS; AND AMENDING SECTION 15.08.170, PERTAINING TO SELLING MERCHANDISE WITHIN PARKS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 14.38, Salt Lake City Code, pertaining to Sidewalk Entertainment and Art Displays be, and the same hereby is, enacted to read as follows:
Chapter 14.38
SIDEWALK ENTERTAINERS AND ARTISTS
Section 14.38.010 Purpose and Intent of Provisions.
The City Council hereby finds and declares:
A. Salt Lake City ordinances prohibit the conduct of any business or the sale of any goods or merchandise from any stand or structure upon certain streets or sidewalks of the City; however, the City has by ordinance provided for certain exceptions to the foregoing prohibition, including exceptions for sidewalk vending carts, sidewalk sales by abutting businesses, and news racks;
B. It is in the public interest to enliven and increase commerce and create a festive atmosphere in the downtown area and in City parks by encouraging artists and entertainers to express themselves on the sidewalks and in the City parks;
C. It is in the public interest to encourage artists to display and sell their art works on City sidewalks and in City parks and to provide opportunities for the public to experience such art works;
D. It is in the public interest to encourage entertainers to perform on City sidewalks and in City parks and to provide opportunities for the public to experience such entertainment; and
E. It is in the public interest for those artists displaying, as a business for profit, to be encouraged to do so through a reduced business license fee for such activity;
F. It is in the public interest that the First Amendment rights of visual artists be advanced by allowing them to display or sell their works on the sidewalks of the City, subject to reasonable time, place, and manner regulations governing such displays;
G. It is also in the public interest that the First Amendment rights of entertainers, who wish to perform, whether gratuitously or for compensation, be advanced by allowing them to perform on the sidewalks of the City, subject to reasonable time, place, and manner regulations governing such performers;
H. The City has an obligation to the general public to provide reasonably unobstructed passage over the public-ways in a clean, safe, and orderly manner;
I. Inappropriately located entertainment or art displays can pose significant hazards and problems, including but not limited to: creating visual blight and aesthetic concerns; blocking reasonable access and sight easements to businesses; preventing the free flow of vehicular and pedestrian traffic; and forcing citizens to be exposed to unwanted and unwelcome messages, with no avenue of escape; and
J. The above strong compelling governmental interests compete with public and private interests in freedom of expression and the private commercial interests of entertainers and artists and the interests of the public.  Thus, the City desires, in reasonable time, place, and manner regulations codified in this chapter, to balance those interests.
Section 14.38.020 Title of Ordinance.
The ordinance codified in this chapter may be referred to as the Salt Lake City Sidewalk Entertainment and Art Displays Ordinance.
Section 14.38.030 Definitions.
For the purpose of this chapter, the following words shall have the following meanings:
A. “Artist” means a sidewalk entertainer or a sidewalk artist.
B. “Available City Property” means:
1. Sidewalk and park strips.  Portions of publicly owned sidewalks and park strip areas, within the following commercially zoned districts:
21A.26.020 CN, Neighborhood Commercial District; 21A.26.030 CB, Community Business District; 21A.26.040 CS, Community Shopping District; 21A.26.050 CC, Corridor Commercial District; 21A.26.060 CSHBD, Sugarhouse Business District; 21A.26.070 CG, General Commercial District; 21A.30.020 D-1, Central Business District; 21A.30.030 D-2, Downtown Support District; 21A.30.040 D-3, Downtown Warehouse/Residential District; and 21A.30.045 D-4, Downtown Secondary Central Business District; and 21A.31.020 G-MU, Gateway-Mixed Use District, but not including landscaped areas in the middle of any street; and
2. Parks.  Areas within City-operated parks specifically designated by the Director of Public Services.
C. “Display” includes display for sale or display without charge.
D. “Perform” includes performing for compensation or performing without charge.
E. “Sidewalk entertainer” means a person, or group of persons together, who perform(s) sidewalk entertainment.
F. “Sidewalk entertainment” means vocal, instrumental, or other entertainment performed personally by a person or a group of persons together, upon publicly owned sidewalks and park strip areas, or in City-operated parks.
G. “Sidewalk art” means original works of art displayed upon publicly owned sidewalks and park strip areas, or in City-operated parks.  It shall not include: (1) any artwork produced by any person other than the sidewalk artist displaying the artwork, (2) any artwork purchased or taken on consignment and held for resale, or (3) any clothing other than jewelry and other accessories or hand painted or tie-dyed garments, which if containing mass-produced or commercially manufactured parts, such mass-produced or commercially manufactured parts, have been assembled by the artist and are not the predominant element of an item sold.
H. “Sidewalk artist” means any person who displays his or her own sidewalk art.
Section 14.38.040 Registration Permit Required.
It is unlawful for any sidewalk artist over 18 years of age to place or maintain a display of art on Available City Property for sale or profit, more than 12 times in any 12 consecutive month period, without obtaining a registration permit for selling artwork on such property pursuant to the provisions of this chapter.
Section 14.38.050 Yearly Permit or Certification.
Anyone described in Section 14.38.040 hereof, or its successor, desiring to use Available City Property for the art sales for profit shall, prior to any initial use and annually thereafter, submit the required permit application or certification as specified below.
Section 14.38.060 Permit Application.
An application for a permit to use Available City Property for art sales for profit ("permit") shall be filed with the City’s property manager upon a form provided by the property manager and shall include the following information:
A. The name, address, and telephone number of the applicant;
B. The name, address, and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's entertainment or display;
C. A description of the type of artwork to be displayed for sale, including an explanation of the dimensions and layout of the display and a diagram, drawing or other pictorial representation of the proposed display; and
D.  The length of time desired.
Section 14.38.070 Permit Fee.
The permit application shall be accompanied by a fee in the amount of fifty dollars to partially defray the City’s cost of reviewing the permit application.
Section 14.38.080 Issuance of Permit.
A.  The property manager shall issue a permit upon receipt of a completed application and receipt of the application fee, providing all criteria as set forth in this chapter are met. In the event the permit is to be issued for use of space within City parks, the property manager shall obtain written clearance for such issuance with and provide a copy of each such issued permit to the City’s Director of Public Services, or his/her designee.  Use of space by a permittee within a park operated by the City shall be subject to the designation of the Director of Public Services, in accordance with the standards set forth in Section 14.38.140, or its successor.
B.  Upon receipt of an application all departments required to review the application shall determine within seven days whether or not the application is incomplete in items needed for processing or if the location applied for is not available. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete or advising that the location applied for is not available.
C. The time for processing applications specified in this section shall begin to run from the receipt of a complete application, as amended by the applicant.  Not more than 28 days after receipt of a fully completed application, the property manager shall either issue or deny the permit, and shall notify, in writing, the applicant of such issuance or denial. If, within that time period, the property manager fails to notify the applicant of the denial of the permit, the permit shall be deemed to have been issued.
            D. Any permit issued pursuant to subsection A of this section prior to completion of the review by the City may be revoked by the property manager if the completed review determines that the permit should have been denied.
E. The applicant may appeal the denial or revocation of a permit by the property manager by filing with the mayor or the mayor's designee a written notice of appeal.  The notice shall be filed within 10 days of receipt of written notice of denial or revocation of the permit. The mayor or designee may consider the appeal based upon the written submissions.  However, for good cause shown, the mayor or designee may also hear oral evidence and argument.
Section 14.38.090 Certification Application.
For any subsequent year after a sidewalk artist permit has been issued, the permittee shall, if the permittee desires to renew the permit, on or before the expiration of one year from the previous date of issuance, submit to the property manager a certificate, on a form to be provided by the City, which shall include any changes in the information provided to the City in the permit application, or shall state, if true, that there are no changes to the information previously provided.
Section 14.38.100 Certificate Fee.
The permittee shall provide to the property manager, at the time of the certificate filing a fee in the amount of fifty dollars to partially defray the City's cost of reviewing the certificate and the information contained therein.
Section 14.38.110 Displays and Performances Allowed Only in Specified Areas.
A. Sidewalk art may be displayed, and sidewalk entertainment may be performed, only upon Available City Property.  It is unlawful to display, without a permit, sidewalk art on publicly owned sidewalks, park strip areas, and City-operated parks that do not constitute Available City Property.
Section 14.38.120 Hold Harmless.
Anyone using Available City Property for sidewalk entertainment or sidewalk art display shall indemnify, defend and hold the City and its officers and employees harmless for any loss or damage, including attorney's fees, arising out of the use of such property.  This obligation shall not extend to any claims of loss, damages or injury sustained by any person or persons, to damage to property, or to expenses, including reasonable attorneys’ fees, incurred thereby, resulting from actions or omissions not within the artist’s reasonable control or to the acts or omissions to act by the City, its officers and employees or other third persons.
Section 14.38.130 Number and Spacing of Artists Per Block.
The maximum number of artists that may display or perform at the same time on any three hundred thirty feet of block frontage is three.
Section 14.38.140 Location Restrictions.
1. Sidewalk and park strips.
No artist may perform or display in any of the following places:
A. Within 10 feet of the intersection of a sidewalk with any other sidewalk, marked or unmarked crosswalk or mid-block crosswalk;
B. Within the inner 8 feet of any sidewalk over 12 feet in width, “inner” meaning as measured from its farthest point from the curb;
C. Within the inner three-quarters of the width of any sidewalk less than 12 feet in width, but in no event nearer than four feet from the inner edge of any sidewalk.
D. Within five feet of an imaginary perpendicular line running from any building entrance or doorway to the curb line;
E. Within five feet of any handicapped parking space, or access ramp;
F. Within 10 feet of the boundary of any designated bus stop;
G. Within five feet of any office window or display window; or
H. In the case of sidewalk artists, within 100 feet on the same linear block face of a door to a business displaying or selling artwork as its predominant business activity, if that business has direct access to the sidewalk.
I. At the same location for more than 7 consecutive days and not sooner than 7 days after the last date on which such artist previously performed or displayed at a particular location.  For purposes of this subsection, the "same location" shall mean within 110 feet along the same block face from where the artist previously performed or displayed.
       2.  Parks.  The Director of Public Services, in designating Available City Property within City-operated parks, shall take into consideration the interests: (a) of providing artists reasonable opportunities for self-expression, (b) of providing reasonable opportunities for the public to experience the artists’ work, (c) of the public to peaceably enjoy the City’s parks, and (d) of adequately maintaining park vegetation and properties. No artist may perform or display within City-operated parks except within Available City Property designated by the Director of Public Services.
3. No artist shall perform or display within 100 feet of the boundary of a location included in a special event permit issued by the City under Section 3.50 of this Code.
Section 14.38.150 Space Restrictions.
No artist may display artwork directly on the surface of the sidewalk or ground, or on a blanket or board placed immediately on the sidewalk or ground or on top of a trash receptacle.  No artist's display may exceed five feet in height from ground level or six feet in length.  The display may not be less than 24 inches above the sidewalk or ground if the display surface is parallel to the sidewalk or ground, and may not be less than 12 inches above the sidewalk or ground if the display surface is vertical or slanted.  Where a rack or other display structure is placed on top of or above a table or other base, the size of the base shall not be less than the size of the display structure place thereon.  Nothing placed on the base shall exceed the size limitations contained in this section.   No artist displaying artwork or handcrafted items shall use any area other than the area immediately beneath the surface of the display space for the storage of items for display.  Artists may have a container for tips.  All artwork, entertainment displays, stands, and other equipment and structures shall be removed from property owned by the City and from City-owned sidewalks between the hours of 11:00 p.m. and 8:00 a.m.
Section 14.38.160 Rights Granted.
The approval of any location for use for sidewalk entertainment or sidewalk art displays shall not be construed as granting the user any property right or interest to or in any property owned by the City. The rights granted by this chapter are subject to the provisions of this chapter and other applicable law.  The sidewalk artist displaying sidewalk art shall be personally present at such display at all times when such art work is on display, except for thirty minutes in every two-hour time period.  No agent, employee or other representative shall sell the artwork of a sidewalk artist.  .
Section 14.38.170 Violation—Removal.
If at any time the City determines that an artist’s use of Available City Property or the display placed thereon is not in compliance with the requirements of this chapter or other applicable law, a civil notice of violation, as provided by Chapter 2.75, shall be issued to the artist by an authorized City official. If, after receipt of such citation, an artist fails or refuses to remove any such display in violation, the City may, after consultation with the City Attorney or his/her designee, impound such display.  Although prior notice of such impoundment shall not be required, the City shall take reasonable efforts promptly to notify the artist following the impoundment. The owner of any impounded display shall be responsible for the expense of removal and storage of such display. If the owner fails to reclaim the impounded display and pay the expenses of removal and storage within 30 days after notice of impoundment, the display may be deemed unclaimed property and may be disposed of pursuant to law.
If, in subsequent proceedings on the underlying citation before the administrative law judge prior to July 1, 2002, or before the justice court on or after July 1, 2002, it is determined that the artist did, in fact, have a permit from the City at the time of impoundment, or that the City made an error in impounding the display, the City shall, forthwith, at its own expense, replace the display at its location.
Section 14.38.180 Emergency Removal.
A. Removal. In the event that a City zoning inspector or the City police or fire department determines that the artist’s use of Available City Property or the display placed thereon constitutes an immediate physical threat to public life, safety or health, the sidewalk entertainment or sidewalk art display may be removed by the City immediately, without any prior notice or hearing. This provision shall not be enforced in any way related to the content or expression of the material displayed or distributed by the artist.
B. Notice and Hearing. In the event of such an emergency removal the City shall immediately contact the artist or the artist’s representative if the artist has filed with the City’s property manager the name, address and telephone number of the artist’s representative whom the City may notify or contact at any time regarding the artist’s display.  The City shall inform the artist or the artist’s representative of the removal and the reason(s) therefore. If requested by the artist or the artist’s representative, the City shall hold an expedited hearing before the property manager to determine whether or not the removed entertainment or art display constituted an immediate threat to the public's life, safety or health. In the event that the property manager determines that the display did not constitute such an immediate threat, the City shall forthwith, at its own expense, replace the display at its location.
C. Appeal. The artist or the artist’s representative may appeal any decision or order to the mayor or the mayor's designee. Any appeal shall be filed in writing within 10 days of the decision and shall specify the basis for the appeal. The mayor or designee may consider the appeal based on the written submissions. However, for good cause shown, the mayor or designee may also hear oral evidence and argument.
Section 14.38.190 Special Events
The restrictions of this chapter notwithstanding, nothing herein shall prohibit the City from authorizing entertainers or vendors, other than those artists governed by this chapter, to conduct concurrent sidewalk entertainment, art displays, or vending operations within the expanded central business district, or such other areas as the City may deem appropriate, during special events (special event vendors). The special event vendors shall not be governed by this chapter, but shall be governed by such other ordinance, City policy, or executive order as may be applicable. During such special event the City may require one or more artists under this Chapter to relocate and perform or display art at another available location within the Available City Property during the period of such special event. No artist shall perform or display at a location included in a special event permit issued by the City under Section 3.50 of this Code without the permission of the special event permittee.
Section 14.38.200 Penalties.
Any violation of this Chapter shall constitute a civil violation and shall be handled as provided by Chapter 2.75.  Three or more violations within a one-year period shall constitute a misdemeanor.
SECTION 2.  That Section 15.08.040, Salt Lake City Code, pertaining to advertising material distribution within parks, be, and is hereby amended to read as follows:
15.08.040 Advertising Material Distribution:
Subject to the provisions of Chapters 3.50, 5.65, and 14.38 of this Code, or their successors, no person shall distribute any handbill or circulars, or post, place or erect any bills, notices, papers or advertising device or matter of any kind, except such advertising on seats placed on city-owned golf courses as may be authorized in writing by Salt Lake City Corporation.
SECTION 3.  That Section 15.08.060,Salt Lake City Code, pertaining to business activities within parks, be, and is hereby amended to read as follows:
15.08.060 Business Activities:
Subject to the provisions of Chapters 3.50, 5.65, and 14.38 of this Code, or their successors, no person shall practice, carry on or conduct or solicit any trade, occupation, business or profession, without written permission of the mayor.
SECTION 4.  That Section 15.08.170, Salt Lake City Code, pertaining to selling merchandise within parks, be, and is hereby amended to read as follows:
15.08.170 Selling Merchandise:
Subject to the provisions of Chapters 3.50, 5.65, and 14.38 of this Code, or their successors, no person shall sell or offer for sale any merchandise, article or thing whatsoever, without the written consent of the mayor within any park or playground, or within a distance of sixty feet (60') of any boundary line of any public park or playground.
SECTION 5.  This ordinance shall expire one calendar year from the date hereof unless extended by ordinance enacted by the city council.
SECTION 6. This ordinance shall take effect immediately upon the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this           day of                                 , 2002.