025 of 2004 - Relating to sidewalk entertainers and artists . c' 0 04-1
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SALT LAKE CITY ORDINANCE
No. 25 of 2004
(Repealing and Reenacting Chapter 14.38 re: Sidewalk Entertainers and Artists)
AN ORDINANCE REPEALING AND REENACTING CHAPTER 14.38, SALT LAKE
CITY CODE, RELATING TO SIDEWALK ENTERTAINERS AND ARTISTS.
Be it ordained by the City Council of Salt Lake City, TJtah:
SECTION 1. That Chapter 14.38,Salt Lake City Code, pertaining to sidewalk
entertainers and artists be, and the same hereby is, repealed and reenacted to read as follows:
Chapter 14.38
SIDEWALK ENTERTAINERS AND ARTISTS
14.38.130 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 public 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 the presence of the arts and
create a festive atmosphere in certain downtown and other commercial areas, and in larger city
parks, by encouraging artists to express themselves on certain city sidewalks and in certain larger
city parks;
C. It is in the public interest to encourage artists to display or perform their artworks
on certain city sidewalks and in larger city parks, to provide opportunities for these artists to fully
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express themselves, and to provide greater opportunities for the public to experience such
artworks;
D. It is in the public interest to encourage and promote the community of artists who
desire to display or perform their artworks on certain city sidewalks and in larger city parks;
E. It is in the public interest that the first amendment rights of artists be advanced by
allowing them to display or perform their artworks on certain city sidewalks and in larger city
parks, subject to reasonable time, place, and manner regulations governing such displays or
performances;
F. The city has an obligation to the general public to provide reasonable access to
and use of city open space and to provide reasonably unobstructed passage over the public ways
in a clean, safe, and orderly manner;
G. The primary purpose of public sidewalks is for the passage of pedestrians from
one point to another;
H. The city has established various zoning districts within the city in recognition of
the differing character, nature and use of specific areas of the city, and it is in the public interest,
both for citizens and artists,to concentrate artists in those districts where their activities would be
most compatible with the primary character, nature and use of the district; it is in the public
interest to concentrate artists primarily in the downtown, Gateway and Sugarhouse commercial
districts because these districts are specifically designed to accommodate larger crowds and
allow for the safer display or performance of artwork; it is in the public interest to exclude artists
from those areas that are primarily residential or industrial, contain only small scale or
neighborhood commerce (e.g.., "CN Neighborhood Commercial District," section 21A.26.020 of
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this code, and"CB Community Business District," section 21A.26.030 of this code), are intended
to serve primarily the automobile driving consumer (e.g.., "CB Community Shopping District,"
section 21A.26.040 of this code, and "CC Corridor Commercial District," section 21A.26.050 of
this code), or are otherwise unsuited for the display or performance of artwork as the presence of
artists on the public sidewalks and parking strips in these areas is likely to (a) result in greater
pedestrian and/or traffic congestion, (b) threaten the public health, safety, and welfare of the
citizenry, (c) create visual blight or impact the aesthetic value of the communities; (d) impact
access to and egress from businesses and residential areas; (e) block sight easements to
businesses and residential areas; (f) prevent the free flow of vehicular and pedestrian traffic; (g)
impede the response time of safety personnel; (h) intrude upon the look, feel and quiet enjoyment
of a neighborhood; (i) hinder or interfere with the business of local merchants who provide an
important tax base for the city; or (j) force citizens to be exposed to unwanted, unwelcome and
unsolicited messages or noise with no avenue of escape;
I. The city has a history of issuing permits for special events and free expression
activities in the city's parks, including some parks that are nine (9) acres or less in size, and it is
in the public interest to continue to allow special events and free expression activities in those
parks as provided by chapter 3.50 of this code; it is also in the public interest, however, to
otherwise exclude artists not obtaining such permits from those city-owned parks that are nine
(9) acres or less in size, as those city parks are located primarily in residential areas (or areas
intended by the city zoning ordinances to become residential areas), and are intended to serve and
do serve primarily as family and recreational activity centers where citizens can enjoy the peace,
quiet, and tranquility of the city's open space; the presence of artists in these smaller city parks
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on an ongoing and unregulated basis and without a permit to hold a special event or free
expression activity is inconsistent with these purposes; the city's larger parks are more amenable
to the display or performance of artwork without a permit to hold a special event or free
expression activity; limiting artists to the larger parks or to the boundaries of short-term,
permitted special event or free expression activity under chapter 3.50 of this code will better
accommodate the competing interests of artists and those wishing to enjoy the peace, quiet and
tranquility of the city's parks;
J. It is in the public interest to promote special events and free expression activities,
to ensure that those participating or visiting such special events and free expression activities are
allowed to do so peacefully and without undue interference, to ensure that those desiring to
participate or visit such special events and free expression activities enjoy free and unimpeded
ingress and egress to and from such special events and free expression activities, and that the
speech or expressive activity of third parties not actually involved with the special event or free
expression activity is not unduly confused with the speech or expressive activity of those
organizing,participating or visiting the special event or free expression activity;
K. Special events require efficient ingress and egress of event patrons, and patrons
should be protected from having to enter into roadways or streets as they line up to enter a special
event if passage to a special event is blocked;
L. While it is in the public interest to protect the first amendment rights of artists to
display or perform their artworks for sale or compensation, it is also in the public interest to
require those artists wishing to display or perform their artworks for sale or compensation to
register with the city and pay a nominal fee as such registration will allow the city to better
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monitor this commercial activity, enforce generally applicable commercial and business
ordinances that may apply to such commercial activity, and protect the consuming public; these
public interests do not apply to artists who display or perform their artworks for free; and
M. The above strong significant governmental interests compete with public and
private interests in freedom of expression, the personal and commercial interests of entertainers
and artists, the personal and commercial interests of the city's merchants, and the interest of the
general public to use and enjoy city property; the city therefore desires, through the following
reasonable time, place, and manner regulations, to balance those competing interests and protect
the health, safety, and welfare of the citizens and visitors to the city, preserve the quality of life of
city residents and business owners alike, preserve the property values and character of
neighborhoods surrounding city-owned property, support the local merchant economies, and
provide artists with opportunities to exercise their constitutional rights to display and perform
their artworks on certain city sidewalks or in larger city parks.
14.38.140 Title:
The ordinance codified in this chapter may be referred to as the SALT LAKE CITY
SIDEWALK ENTERTAINMENT AND ART DISPLAYS ORDINANCE.
14.38.150 Definitions:
For the purposes of this chapter, the following words or phrases shall have the following
meanings:
A. "Art" means a type of expressive activity, often characterized by pictorial or visual
display: (1) that is intended to convey particular ideas, concepts, opinions, emotions, points of
view, or other messages and (2) for which there is a reasonable likelihood that those who view it
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will understand it to convey such communicative elements or messages. "Art" includes, for
example, paintings, drawings, photography, sculptures, etchings, and live entertainment. "Art"
may also include t-shirts and other clothing items, baskets,jewelry, and other similar craft items
where such items incorporate communicative elements or contain messages. "Art" does not
include mere commercial merchandise not itself inextricably intertwined with some
communicative element or not intended and reasonably understood to convey a message such as
the following: items that are mass-produced primarily for commercial sale, vials of fragrant oils,
prayer beads, fashion bracelets and other non-expressive jewelry items, non-message-bearing t-
shirts or other clothing items, playing cards, collectibles (e.g., Olympic pins and plates),
souvenirs (e.g., shot glasses and pens), balloons, or food or other items intended primarily for
human consumption.
B. "Artist" means a sidewalk entertainer or a sidewalk artist.
C. "Available city property" means:
1. Sidewalk and park strips. Portions of publicly owned sidewalks and park
strip areas within the following commercially zoned districts (but excluding landscaped areas in
the middle of any public street):
a. "CSHBD Sugar House Business District," section 21A.26.060 of
this code;
b. "D-1 Central Business District," section 21A.30.020 of this code;
c. "D-2 Downtown Support District," section 21A.30.030 of this
code;
d. "D-3 Downtown Warehouse/Residential District," section
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21A.30.040 of this code;
e. "D-4 Downtown Secondary Central Business District," section
21A.30.045 of this code; and
f. "G-MU Gateway-Mixed-Use District," section 21A.31.020 of this
code.
2. Larger City Parks. Areas specifically designated by the director of public
service, in accordance with section 14.38.170(B) of this chapter, within those city operated parks
(not necessarily limited to those parks identified in chapter 15.04 of this code) that are larger than
nine (9) acres;
3. Library Plaza. Any area or areas within the library plaza specifically
designated by the director of pubic services in accordance with Section 14.38.170(B) of this
chapter; and
4. Washington Square.
D. "Display" includes any display of art, whether or not for sale or compensation.
E. "Downtown library block" means the city block bounded by 200 East Street, 400
South Street, 300 East Street, and 500 South Street.
F. "Entertainment" includes, but is not necessarily limited to, the following activities
when performed for the general public: acting, singing, playing musical instruments,
pantomiming,juggling, performing magic, dancing, reading, puppetry, sidewalk art (i.e.,working
with non-permanent, water-soluble media, such as chalk, pastels or watercolors directly on the
pavement) and reciting.
G. "Library plaza" means the outdoor areas on the downtown library block;
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H. "Perform" includes performing entertainment for the general public, with or
without charge.
I. "Sidewalk art" means works of art displayed upon publicly owned property.
J. "Sidewalk artist" means any person who displays sidewalk art.
K. "Sidewalk entertainer" means a person, or group of persons together, who
perform(s) sidewalk entertainment.
L. "Sidewalk entertainment"means entertainment performed or provided by a person
or group of persons together upon publicly owned property;
14.38.160 Displays And Performances Allowed Only In Specified Areas:
Subject to sections 14.38.170, 14.38.180 and 14.38.190 of this chapter, sidewalk art may
be displayed, and sidewalk entertainment may be performed, only upon available city property.
It is unlawful to display sidewalk art or to perform sidewalk entertainment on publicly owned
sidewalks, park strip areas, city operated parks, or other areas of city property that do not
constitute available city property.
14.38.170 Location Restrictions:
A. Sidewalk and Park Strips: No artist may perform sidewalk entertainment or
display sidewalk art in any of the following places, even within available city property:
1. Within fifteen feet (15') of the intersection of a sidewalk with any other
sidewalk, marked or unmarked crosswalk, or midblock crosswalk; displays shall not obstruct
sightlines of motorists or pedestrians at crosswalks or intersections;
2. Within the inner eight feet (8') of any sidewalk twelve feet (12') or greater
in width, "inner" meaning as measured from the edge of the sidewalk farthest from the adjacent
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street or park strip;
3. Within the inner three-quarters (3/4) of the width of any sidewalk less than
twelve feet (12') in width, but in no event nearer than six feet (6') from the inner edge of any
sidewalk, "inner" meaning as measured from the edge of the sidewalk farthest from the adjacent
street or park strip;
4. Within eight feet (8') of an imaginary perpendicular line running from any
building entrance or doorway to the curb line;
5. Within eight feet (8') of any handicapped parking space or access ramp,
fire lane, taxi zone, or loading zone;
6. Within ten feet (10') of the boundary of any designated bus stop;
7. Within eight feet(8') of any office window or display window;
8. Within eight feet (8') of any fire hydrant;
9. In the case of sidewalk artists, within one hundred feet (100') on the same
linear block face of a door to any business or gallery displaying or selling artwork as its
predominant business activity, whether or not for compensation, if that business has direct access
to the city sidewalk; or
10. In the case of sidewalk entertainers, within one hundred feet (100') on the
same linear block face of a door to any business, theater, stadium, auditorium, or other place
where entertainment is routinely performed, whether or not for charge, if that business has direct
access to the city sidewalk.
B. Larger Parks, the Library Plaza, and Washington Square: The director of public
services shall designate areas within city operated parks larger than nine (9) acres, the library
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plaza, and Washington Square that shall constitute available city property. In making such
designations the director of public services shall take into consideration the interests: (i) of
providing artists reasonable opportunities for self-expression, (ii) of providing reasonable
opportunities for the public to experience the artists' work, (iii) of the public to peaceably enjoy
the city's parks, the library plaza, and Washington Square, and (iv) of adequately maintaining
park, library plaza, and Washington Square vegetation and properties. No artist may perform
sidewalk entertainment or display sidewalk art within city operated parks larger than nine (9)
acres, within the library plaza, or within Washington Square except within those areas designated
by the director of public services under this section.
C. Special Events and Free Expression Activities: No artist shall perform sidewalk
entertainment or display sidewalk art within one hundred fifty feet (150') of any special event or
free expression activity for which a permit has been issued under chapter 3.50 of this code while
such special event or free expression activity is occurring, if such special event or free speech
activity involves, incorporates, promotes, includes, or contains art, artwork, or entertainment
activity, unless such artist has permission to do so from the sponsor of the special event or free
speech activity. Such distance shall be measured from any boundary of the applicable permitted
special event or free expression activity area.
14.38.180 Space Restrictions:
A. With respect to art displayed upon publicly owned sidewalks and/or park strip
areas, including those areas located within available city property:
1. No artist may display sidewalk art directly on the surface of the sidewalk
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or ground, or on a blanket or board placed immediately on the sidewalk or ground or on top of a
trash receptacle;
2. No artist's display of sidewalk art may exceed six feet (6') in height from
ground level or six feet(6') in length;
3. The display of any sidewalk art may not be less than twenty four inches
(24") above the sidewalk or ground if the display surface is parallel to the sidewalk or ground,
and may not be less than twelve inches (12") above the sidewalk or ground if the display surface
is vertical or slanted;
4. 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 placed
thereon;
5. Nothing placed on the base of any display shall exceed the size limitations
contained in this section;
6. No artist displaying sidewalk art or shall use any area other than the area
immediately beneath the surface of the display space for the storage of items for display; and
7. Nothing used by a sidewalk entertainer as a prop or aid in his or her
performance shall exceed the size and other limitations set forth in this section or and applicable
to displays.
B. No art displays, stands, props, or other equipment or structures may remain on
property owned by the city or on city-owned sidewalks between the hours of eleven o'clock
(11:00)p.m. and eight o'clock(8:00) a.m.
14.38.190 Registration Required:
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It is unlawful for any artist, even on available city property, to place or maintain a display
of art for sale or compensation, or to perform sidewalk entertainment for compensation, without
first registering to sell sidewalk art or perform sidewalk entertainment on such property pursuant
to the provisions of this chapter.
14.38.200 Yearly Registration:
Any sidewalk artist or sidewalk entertainer desiring to use available city property for the
sale of sidewalk art or performance of sidewalk entertainment for compensation shall, prior to
any initial use and annually thereafter, submit the required registration form and registration fee
as specified below.
14.38.210 Registration Form:
Registrations to use available city property for the display or performance of art, for
compensation, shall be made 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 registrant;
B. The name, address, and telephone number of a responsible person whom the city
may notify or contact at any time concerning the registrant's entertainment or display;
C. A description of the type of sidewalk art to be displayed for sale or sidewalk
entertainment to be performed, including an explanation of the dimensions and layout of any
display and a diagram, drawing, or other pictorial representation of any proposed display; and
D. The length of time for which the registration is desired (not to exceed twelve (12)
months).
14.38.220 Registration Fee:
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The registration form shall be accompanied by a registration fee in the amount of thirty
dollars ($30.00) to partially defray the city's cost of reviewing the registration form, issuing the
registration certificate, enforcing this ordinance and otherwise recouping those maintenance,
public health and safety, or other costs and expenses related to this ordinance.
14.38.230 Issuance Of Registration Certificate:
A. The city's property manager shall issue a registration certificate upon receipt of a
completed registration form and receipt of the registration fee in accordance with sections
14.38.200 and 14.38.210 of this chapter. The property manager shall provide a copy of each such
issued registration certificate to the city's director of public services or his/her designee.
B. Upon receipt of a registration form all departments required to review the
registration form shall determine within three (3) business days whether or not the registration
form is incomplete in items needed for processing. Incomplete registration forms shall
immediately be returned to the registrant with a specification of the items that are incomplete.
C. The time for processing registration forms as specified in this section shall begin
to run from the receipt of a completed registration form, as amended by the applicant. Not more
than three (3) business days after receipt of a fully completed registration form, the property
manager shall either issue or deny the registration certificate, and shall notify, in writing, the
registrant of such issuance or denial. If, within that time period, the property manager fails to
notify the registrant of the denial of the registration certificate, the registration certificate shall be
deemed to have been issued.
D. The registrant may appeal the denial or revocation of a registration certificate by
the property manager by filing with the mayor a written notice of appeal. The notice of appeal
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shall be filed within ten (10) days of receipt of written notice of denial or revocation of the
registration certificate. The mayor or his/her designee may consider the appeal based upon the
written submissions, or may, for good cause shown, hear oral evidence and argument. Any
appeal shall be decided by the mayor or his/her designee within five (5) business days after
receipt of the written notice of appeal.
14.38.240 Hold Harmless:
Anyone using available city property for sidewalk entertainment or sidewalk art shall
indemnify, defend, and hold the city and its officers and employees harmless for any loss or
damage, including attorney fees, arising out of such use of such property. This obligation shall
not extend to any claims of loss, damage, or injury sustained by any person or persons,to damage
to property, or to expenses, including reasonable attorney fees, 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 or employees, or other third persons.
14.38.250 Special Events:
A. The restrictions of this chapter notwithstanding, nothing herein shall prohibit the city
from authorizing persons to conduct sidewalk entertainment, display sidewalk art, or conduct
vending operations within such areas as the city may deem appropriate, as a part of a special
event or free expression activity. Special event artists or sidewalk entertainers shall not be
governed by this chapter, but shall be governed by chapter 3.50 of this code or such other
ordinance, city policy, or executive order as may be applicable. During such special event or free
expression activity the city may require other sidewalk artists or sidewalk entertainers to relocate
and perform or display art at another available location within available city property.
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B. The foregoing notwithstanding, and notwithstanding any provision of Chapter 3.50 to
the contrary, no special event or free expression activity shall be allowed within one hundred
fifty feet (150') of any other special event or free expression activity for which a permit has been
issued under chapter 3.50 of this code while such special event or free expression activity is
occurring, if both of such special events or free speech activities involve, incorporate, promote,
include, or contain art, artwork, or entertainment activity, unless the sponsor of such special
event or free speech activity has permission to do so from the sponsor of the other special event
or free speech activity. Such distance shall be measured from the nearest boundaries of the
applicable permitted special events or free expression activity areas.
14.38.260 Rights Granted:
By allowing the use of city-owned property for sidewalk entertainment or sidewalk art
displays the city does not grant 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 laws. The sidewalk artist displaying sidewalk art shall be personally present at
such display at all times when such sidewalk art is on display, except for thirty (30) minutes in
every two (2)hour time period.
14.38.270 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 of this code, shall be
issued to the artist by an authorized city official. If, after receipt of civil notice of violation an
596336.3 15
artist fails or refuses to remove any 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 to promptly 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 thirty (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 it is determined that the city made
an error in impounding the display, the city shall, forthwith, at its own expense, replace the
display at its location. This provision shall not be enforced in any way related to the content or
expression of the material displayed, distributed, or performed by the artist.
14.38.280 Emergency Removal:
A. Removal: If a city zoning inspector or the city police or fire department(s)
determines that an artist's use of available city property or any display placed thereon constitutes
an immediate physical threat to public life, safety, or health, the offending 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, distributed, or
performed by the artist.
B. Notice and Hearing: In the event of such an emergency removal the city shall
immediately contact the artist, if known. The city shall inform the artist or the artist's
representative of the removal and the reason(s) therefor. If requested by the artist, the city shall
hold an expedited hearing before the city's property manager to determine whether or not the
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removed display constituted an immediate threat to the public's life, safety, or health. If the city's
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
by filing with the mayor a written notice of appeal. Any such notice of appeal shall be filed in
writing within five (5) days of the removal decision and shall specify the basis for the appeal.
The mayor or his/her designee may consider the appeal based on the written submissions, or may,
for good cause shown, also hear oral evidence and argument. Any appeal shall be decided by the
mayor or his/her designee within two (2)business days.
14.38.290 Penalties:
Any violation of this chapter shall constitute a civil violation and shall be handled as
provided by chapter 2.75 of this code. The civil penalty for each such civil violation shall be
thirty dollars ($30.00). Three (3) or more civil violations within a one year period shall
constitute a misdemeanor.
SECTION 2. That Section 2.75.010 A, Salt Lake City Code, pertaining to definitions
regarding enforcement of civil violations shall be, and the same hereby is, amended to read as
follows:
2.75.010 Definitions:
Whenever the following terms are used in this chapter, they shall have the meanings set
forth herein:
A. "Civil citation" also known as a "civil notice of violation" or "civil notice" means
a notice that a civil violation of this code has occurred, issued by an officer or other person
596336.3 17
authorized to issue such notice consistent with Utah Code Annotated section 10-3-703 or other
applicable laws or state statutes or their successors.
SECTION 3. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City,Utah this 10th day of June
2004.
li
CH ER ON
EST:
CHIEF DEPUTY CITY RE ORDER
Transmitted to Mayor on CQ/Z.! /04
Mayor's Action: Approved. X Vetoed.
r"
MA OR
TE T:
CHIEF DEPUT CITY RE ORDER APPROVED AS TO FORM
Salt Lake City Attorney's Office
(SEAL) Date
By
Bill No. 25 of 2004. ;
Published: July 15, 2004 . 4.1
G Ordinance 04\Repealing&Reenacting Chapter 14 38 re Sidewalk Entertainers Y enu'(final)
596336.3 18