How to be a Street Performer in Nashville

How to Be a Street Performer in Nashville

by Sue Basko, esq.

 UPDATE: May 31, 2014: Street performers in Nashville told me today that police are now enforcing a rule of No drums, No amplifiers, No Saxophones, No stools.  I am not sure if these are new rules or enforcement of existing sound ordinances and sidewalk encroachment ordinances.  I await more info.  

See the 2013 Sound Ordinance down below.

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Street performers are legal in Nashville, but you cannot sell anything unless you first get a street vendor's permit. Also, you cannot put up a sign or table or cart or any other thing that blocks the sidewalk or that might obstruct visibility for car drivers.

Also, you cannot create a nuisance, which means you cannot make any noise or bring any animals or do anything else that "shall be or become offensive, or injuriously affect the comfort and safety of persons using such street, alley or sidewalk."

Also, no performers of any kind are allowed in parks without a special parks permit. I find the detailed wording on that part of the law to be amusing:

13.24.150 Exhibitions and contests.

A. No person shall erect any structure, stand or platform, exhibit any dramatic performance or the performance, in whole or in part, of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment, motion picture, public fair, circus, juggling, rope-walking or any other acrobatics or show of any kind or nature, or parade, drill or maneuver of any kind, or run or race any or maneuver of any kind, or run or race any horse or other animal or being in or on a vehicle, horse or other animal or being in or on a vehicle, race with another vehicle or horse whether such race is founded on any stake, bet or otherwise, or hold any athletic contest, in any park except in accordance with the rules and regulations of the board.

So remember -- Keep out of the Nashville parks with your opera, juggling, farce, rope-walking, and minstrelsy.

How about amplifiers?

UPDATE May 30, 2014: See the 2103 Sound Ordinance down at bottom of this page.

You cannot take anything onto the sidewalk or street that creates any noise that is offensive or that affects the comfort of others. What is this likely to mean? It is likely to mean that if you position yourself on a commercial street not near any residences, churches, or schools, and play music that most people would consider pleasant, and not too loud, you will likely be okay. If you push the boundaries, you are likely to be asked to leave or fined. Keep in mind that municipal police have the right to arrest violators. If you are told to stop doing something and you do not want to be arrested, stop doing it. Here is the nuisance section of the law:

13.32.110 Public nuisances prohibited.

No person shall take, carry, expose or place in or upon any street, alley or sidewalk any substance, animal or thing which is or is likely to become a public nuisance, or which shall imperil the life, health or safety of any person who is or may properly be in or on such street, alley or sidewalk or which, through the giving off of odors or noises, shall be or become offensive, or injuriously affect the comfort and safety of persons using such street, alley or sidewalk. (Prior code § 38-2-21)

The section of the municipal law relating specifically to street performers:

ENACTED 09/15/1998

ORDINANCE NO. O98-1191

AN ORDINANCE TO REGULATE TEMPORARY SIDEWALK ENCROACHMENTS BY STREET VENDORS, SIGNS AND PERFORMERS.
WHEREAS, the primary purpose of the public streets, sidewalks, and other public ways is for use by vehicular and pedestrian traffic;
WHEREAS, vending and commercial displays on such public ways promotes the public interest by contributing to an active and attractive pedestrian display;
WHEREAS, street performers contribute to the unique character of the city and promote the cultural and artistic heritage of the city;
WHEREAS, reasonable regulation of any temporary encroachment on public ways is necessary to protect the public, health, safety, and welfare; and
WHEREAS, the regulations contained herein are not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities to ensure that the public ways remain safe and useful for their primary purpose and are attractive to tourists and the public.

NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1: That Chapter 13.08.040 of the Metropolitan Code of Laws is hereby amended by deleting the existing language, and by substituting in lieu thereof the following:

1. No person shall stop, stand or park any wagon, pushcart, automobile, truck or other vehicle, or erect any temporary stands, signs or otherwise, upon or within any public property of the metropolitan government for the purpose of selling or offering for sale any goods, food, wares, merchandise or products of any kind, nor shall any person sell or offer for sale, upon or within any public property of the metropolitan government, any goods, food, wares, merchandise or products of any kind. The prohibitions contained in this subsection shall not affect or apply to any agreement with, or the written approval of, the respective department, board, agency, officer or other person having control or custody of that particular property. (Ord. 91-114 § 1, 1992)
2. 1. It is unlawful for any person to obstruct any public way, including alleys, roadways, sidewalks and streets as defined by Sections 12.04.010, 12.04.315, 12.04.335, and 12.04.375 of the Metropolitan Code, except as authorized by law. This subsection shall not apply to:

1. Any street vendor operating with a proper license or permit issued by the county clerk under subsections (A)(3) and (4) of this section that satisfies this ordinance.
2. Vendors exclusively engaged in the sale of newspapers, magazines, periodicals or other such written items provided that the requirements for clearance at intersections set forth at Section 13.12.190 are satisfied and who do not utilize a cart, wagon, or any other mobile device or vehicle to sell such written materials.
3. Solicitation of donations by a non-profit organization or the sale of merchandise by a non-profit organization which constitutes, carries or makes a religious, political, educational, philosophical or ideological message or statement related to the purpose of the non-profit organization.
4. Produce sellers licensed pursuant to the provisions of Chapter 6.104.
5. Persons to whom a privilege has been extended under the provisions of Section 13.36.020 allowing them to come upon or take any position upon the area of the curb market or the auxiliary curb market.
6. In conjunction with, and as part of, an organized program of conventions, professional meetings, seminars and other similar events, any individual distributing free samples of goods from his or her person or vendors, merchants, exhibitors and salesmen who exhibit, demonstrate, or solicit orders for goods at any such event.
7. These exceptions shall operate to create a privilege and not a franchise or license. In the event the exceptions stated in this subsection are repealed or otherwise revoked, the provisions of this ordinance shall then apply and any wagons, pushcarts, stands, signs, displays and any news and literature distribution racks no longer excepted shall be removed at the owner’s expense.

1. Definitions. Within the meaning of this section, these terms shall be construed as follows:

a) "Commission" shall mean the Metropolitan Traffic and Parking Commission.

1. "To obstruct" shall mean to so occupy the public ways so that the free use and enjoyment thereof by the public is in any way interrupted or interfered with, or such that the free ingress and egress to or from any building fronting on any public thoroughfare is impaired.
2. "Public way" shall mean all areas legally open to public use and used and/or intended for vehicular or pedestrian traffic, including public streets, alleys, sidewalks, and roadways, but excluding any public property of the metropolitan government.
3. "Public property" shall mean all property, real and personal, belonging to the Metropolitan Government, excluding that which is used and/or intends for use by vehicular or pedestrian traffic and defined herein as a public way.
4. "Street vendor" or "vendor" shall mean any individual, including an employee or agent of a group of individuals, partnership, or corporation, who sells, or offers to sell services, food, beverages, goods, or merchandise on any public way whether such activity involves the sale of such items from the vendor’s person or by use of a stand.
5. "License" or "permit" shall mean the form issued by the County Clerk evidencing that the vendor is allowed to sell or offer to sell goods and services on the public way.
6. "Stand" shall mean any table, tarp, display, bench, booth, rack, handcart, pushcart, wagon or any other fixture or device which is not required to be licensed and registered by the department of motor vehicles, and is used for the display, storage, or transportation of food, beverages, goods or merchandise on any public way.
7. "Special event" shall mean any occasion officially recognized by the Mayor’s Office of Film and Special Events including, but not limited to fairs, shows, exhibitions, municipality-wide celebrations, festivals and other similar events, within a specifically defined area of the municipality for a specified period of time.
8. "Business" or "property owner" shall mean any individual, including an employee or agent of a group of individuals, partnership, or corporation who is a tenant in or who owns property abutting the public way.
9. "Pedestrian" shall mean a person who is walking or otherwise traveling on the public way.
10. "Sign" or "sandwich board" shall mean any portable sign used to convey information of a commercial nature.
11. "Street performance" shall mean any theatrical, musical, visual, or other presentation for entertainment purposes on the public way. "Street performer" shall mean any person or group of persons who conducts a street performance.
12. Distance - All measured distances and distance requirements addressed in this regulation shall be distances measured in a straight line from the nearest edge of the vendor’s stand or sign to the nearest edge of the object from which the sign or stand is to be distant.

1. It is unlawful for vendors of goods or services not meeting the exception in subsection (A) (1)(a) above to sell, display, or offer for sale any food, beverage, goods, or merchandise on a public way before acquiring a street vendor’s permit from the County Clerk. To acquire a permit, a vendor shall apply for a permit from the County Clerk and must provide all information, on a form supplied by the County Clerk, necessary to determine whether a particular permit may be issued.

1. The application must include, but is not limited to, the vendor’s full name, home address, permanent business address (if any), telephone number, driver’s license number, three copies of a current full-face photograph of vendor, three current full-face photographs of each of vendor’s employees, proof of identity for each vendor and/or employee and proof that any other required permits or authorizations have been obtained.
2. The application shall also state a brief description of the nature and character of the food, beverages, goods or services to be sold and shall be accompanied by a photograph of the vendor’s stand(s).
3. If the vendor is employed by or is an agent of another, the application shall state the name and business address of the principal or hiring person, firm, association, organization, company or corporation.
4. Vendors with multiple stands, displays, carts, wagons or any other means by which to offer goods or services to the public must procure a permit for each space occupied.
5. Vendors not holding a general vending permit who wish to offer goods and services to the public in conjunction with any special event shall apply for a temporary vending permit.
6. Any vendor engaged in the sale of food or beverages must, in addition to the above requirements, comply with the following:

1. Vendors of food and beverages shall be required to maintain a health permit from the local health department in addition to the general vending permit. Upon application for the general vending permit, vendors of food and beverages shall have their applications forwarded to the health department for approval and shall submit their equipment for inspection.
2. Upon approval by the local health department, the food and beverage vendor shall be subject to inspection by local health department officials as provided for by law at periodic intervals.

1. The application must include a provision indemnifying and holding harmless the Metropolitan Government from any and all claims arising out of the vendor’s operation. Applicant must provide the Mayor’s Office and Special Events with a copy of a certificate of liability insurance with a minimum coverage of one million dollars ($1,000,000). The policy must name The Metropolitan Government of Nashville and Davidson County as additionally insured. Certificate must accompany the application.
2. Any intentional misrepresentation on the application by a vendor shall constitute grounds for denial, suspension or revocation of a permit.

4. At the time of application, a vendor shall pay an annual permit fee of $100.00. Vendors seeking a temporary vending permit shall pay a fee of $25.00. No vendor shall be permitted to obtain any temporary permit(s) authorizing vending in excess of ten (10) days, cumulatively, during any twelve (12) month period. Any vendor who wishes to conduct operations for more than ten (10) days per year must obtain a general vending permit.

1. Application Processing.

1. Upon receipt of an application, the County Clerk shall:

1. Ensure the application is complete. Applications which are not complete shall be denied and returned to the applicant.
2. Ensure that all fees have been properly paid and that a Certificate of Insurance has been provided. Applications for which all applicable fees have not been paid or which do not contain a Certificate of Insurance shall be denied.
3. Determine whether the applicant has been convicted of violation of this ordinance during the twelve (12) month period preceding the application. If the applicant has been convicted of three (3) or more violations of this ordinance during the preceding twelve (12) months, the application shall be denied.
4. Ensure that vendors offering foods or beverages have obtained all necessary licenses, permits, and/or inspections in accordance with subsection 1(B) (3)(F) herein. If the required permits, licences and/or inspections have not been obtained, the application shall be denied.
5. Take reasonable steps to verify the truthfulness of the information provided on the application. Applications found to contain false information shall be denied.
6. If the application is for a temporary permit, determine the number of previous temporary permits obtained during the previous twelve (12) months. No more than ten (10) temporary permits may be issued during any 12-month period. Applications requesting temporary permits in excess of this number shall be denied.

b)The County Clerk will notify the vendor in writing of the decision to issue or deny the permit and, if denied, the reason for denial. The County Clerk will provide the notification as soon as is practicable, but in no case shall notification occur later than thirty (30) days after the filing of a properly completed application. In the event an application has not been granted or denied within thirty (30) days from receipt for filing, an interim permit, renewable at ten (10) day intervals, shall be issued to the applicant. Additional interim permits shall issue until such time as the application is granted or denied. The permit shall be valid for one (1) year after issuance and shall be renewable upon expiration in each subsequent year so long as the vendor remains in good standing and has been convicted for no more than three (3) violations of this ordinance in the previous 12-month period. In the event that a vendor is denied a permit, either upon application or at renewal, the vendor shall have an opportunity to appeal the denial as described in subsection (C)(4).
6)Restrictions. The granting of a permit confers a privilege, not a franchise or license. A permit does not guarantee a particular space or that any space or particular space will be available.

1. The sale of goods or services by street vendors is limited to the CC and CF zoned districts.
2. Sales of goods or services by vendors on roadways or streets is prohibited and no sales from vendors to vehicles on the public roadways shall be permitted.
3. Each street vendor must prominently display the permit, in addition to any Business Tax License the vendor may be required to possess, and if a vendor of food or beverage, the health permit must also be prominently displayed. I.D. badges issued by the County Clerk are to be worn at all times by vendors and their employees and are not transferable. Vending operations in violation of this provision shall be ordered removed until the deficiency is corrected.
4. Vending at the Nashville Convention Center, the Municipal Auditorium, and the Nashville Arena shall be in compliance with the more particular regulations set forth in the Metropolitan Code at Chapter 6.32.
5. Street vendors operating on the public way agree to indemnify and hold harmless the Metropolitan Government from any cause of action arising from the operation of the vendor.
6. Street vendors operating within the CC and CF districts in the area on Second Avenue, between Broadway and Church Street, and on Commerce Street, between Second and Third Avenues, are subject to the additional restriction that they must be located only in marked spaces, a map of which is available from the County Clerk. These spaces will be occupied on a first come first serve basis. Spaces shall not be assigned or reserved in any manner.
7. The owner of any wheeled and mobile vehicles, temporary stands, signs or displays or racks shall gain no right to compensation by virtue of being forced to move to allow access to utilities, regardless of the length of time incurred thereby. Nothing herein shall be construed to prohibit or otherwise affect the practice of vending on any public roadway, street or sidewalks during the course of any event as defined in Section 2(h) hereof for which the Metropolitan Government has given its official written permission to close or otherwise alter the normal, everyday use of any public roadway, street or sidewalk for a specified, limited period of time.
8. Permits are non-transferable.
9. The sale of fresh produce shall be in compliance with the more particular regulations set forth in Chapter 6.104.
10. The operation of the Curb Market and Auxiliary Curb Market shall be in compliance with the more particular regulations set forth in Chapter 13.36 of the Metropolitan Code.
11. The Commission shall have the authority to publish and enforce such other regulations related to vending, street performers, and other temporary sidewalk encroachments as shall be necessary to effectuate this ordinance and to ensure the free flow of pedestrian and vehicular traffic and to ensure the safety of the public.

C.Suspension, Revocation or Denial of Permits.
1.Any permit issued under this ordinance may be suspended or revoked by the Commission for any of the following reasons:

1. Fraud or misrepresentation in the application for the permit; or,
2. Fraud or misrepresentation in the course of conducting the business of vending; or,
3. Conducting the business of the vending contrary to the conditions of the permit and/or these regulations; or,
4. Conducting the business of vending in such a manner as to create a public nuisance or to constitute a danger to the public health, safety or welfare; or,
5. Cancellation of health department authorization for food or beverage vendors.

1. The Commission shall consider the following factors in determining whether a permit should be suspended or revoked:

1. The number of citations for violation of this ordinance previously received by the vendor; and
2. The number of previous suspensions and/or revocations imposed upon the vendor; and
3. The number of occasions for which the vendor’s permit was subject to suspension or revocation and was not suspended or revoked; and
4. The seriousness of the violation or misrepresentation and the danger to the health and/or safety of the public presented by the vendor’s misrepresentation, noncompliance and/or misconduct; and
5. Whether or not the condition subjecting the vendor to suspension or revocation is of a nature that has been or can be corrected.

3. Upon suspension, revocation or denial of the issuance of a permit, the Commission shall deliver written notice to the permit holder or applicant stating the action taken and the reasons supporting such action, and the right to reconsideration of that decision as set forth below. The written notice shall be delivered to the permit holder’s or applicant’s place of business or last known address. Placement of such notice in the U.S. mail shall constitute delivery. A permit which has been suspended shall remain suspended until such time as the condition causing the suspension has been corrected to the satisfaction of the Commission. A permit which has been revoked shall remain revoked for one year following the date of revocation. No vendor whose permit has been suspended or revoked may apply for a new permit during the period of suspension or revocation.
4.Any permit holder or applicant whose permit is suspended or revoked or whose application for a permit is denied may within fifteen (15) days of the date of that action notify the Commission that the permit holder or applicant desires reconsideration of that decision. A hearing of the request shall be scheduled for the next regular meeting of the Commission. The suspension or revocation shall remain in effect pending the hearing. At the hearing, the permit holder or applicant will be afforded an opportunity to be heard and to present facts and witnesses on his own behalf. The permit holder shall not be entitled to an adversarial hearing or to examine any witness except those the permit holder may present on his or her own behalf.

1. Renewals.
Permits may be renewed, provided an application for renewal of the permit and the required fee are received by the County Clerk no later than the date of expiration of the existing permit and provided that the vendor has no more than three (3) violations of this regulation within any twelve-month period. A vendor whose permit has been revoked may submit an application upon the expiration of the revocation. Applications received after that date shall be processed as new applications. The Commission shall review each renewal application to ensure that the vendor is in full compliance with the provisions of this regulation. If the Commission determines that the vendor has complied with the above requirements, the Commission will renew the permit for one year.
2. Penalties

1. Any person who offers merchandise for sale in violation of this regulation or who violates any other provision of this regulation shall be punished as follows:

Fines:
1. First Offense $250
2. Second Offense $350 (within one (1) year of the first offense)
3. Third Offense $500 (within one (1) year of the first offense)
4. Fourth offense and all subsequent offense $500 (regardless of the time period since the third or last offense)
All fines paid pursuant to this section will be deposited into the General Fund of the Metropolitan Government.
2.The permit of any person who offers merchandise for sale in violation of the regulation or who violates any other provision of this regulation may be suspended. The permit of any person who seriously endangers the health and/or safety of the public by misrepresentation or violation of this regulation or who is convicted of three (3) or more violations of this regulation during any twelve (12) month period shall be revoked.
SECTION 2:That Chapter 12.40.160, Chapter 6.76.070, and Chapter 6.104.050 of the Metropolitan Code of Laws is repealed.
SECTION 3: Should any court of competent jurisdiction declare any section, clause or provision of this Ordinance to be unconstitutional, illegal or unenforceable for any other reason, such decision shall affect only such section, clause or provision so declared unconstitutional, illegal and unenforceable, and shall not affect any other section, clause or provision of this Ordinance, it being the intent of the Metropolitan Council that all other provisions of this Ordinance remain in full force and effect.

SECTION 4: That this Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

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Nashville Sound Ordinance

11.12.070 Excessive noise.

A.
Except for properties lying within an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district, it shall be unlawful for any person to:
1.
Operate or allow the operation of any sound amplification equipment so as to create sounds that are plainly audible from the boundary line of the nearest residentially occupied property. For multifamily structures, including apartments, condominiums, or other residential arrangements where boundary lines can not readily be determined, it shall be unlawful to operate or allow the operation of any sound amplification equipment so as to create sounds that are plainly audible from any point within the interior of another residential unit in the same complex or within the boundary line of the nearest residentially occupied property. For purposes of this section, "sound amplification equipment" means a radio, tape player, compact disc player, digital audio player, television, electronic audio equipment, musical instrument, sound amplifier, or other mechanical or electronic sound-making device that produces, reproduces or amplifies sound. This subsection shall not apply to a special event, mass gathering or other permitted activity by the metropolitan government or its boards or commissions. Further, the provisions of this section shall not apply to entertainment facilities constructed to provide outdoor entertainment owned by metropolitan government or its agencies and parks under the control of the board of parks and recreation. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
2.
Operate or allow the operation of any sound amplification equipment for advertising purposes or otherwise to attract customers so as to cast sounds which are unreasonably loud and disturbing or which are plainly audible at or on the boundary of the nearest public right-of-way or park. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
3.
Operate or allow the operation for personal use of any sound amplification equipment on the public right-of-way, including streets or sidewalks, or in parks under control of the board of parks and recreation, so as to produce sounds that are plainly audible fifty feet or more from any electromechanical speaker. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses.
B.
The provisions of this subsection B. shall be applicable for properties lying within an area zoned DTC district and properties zoned CS district that are contiguous to those zoned DTC district:
1.
Except as provided in subsection B.5. of this section, it shall be unlawful to operate or allow the operation of any amplification device mounted to the exterior of a building or structure, or to operate such device outside of the premises.
2.
It shall be unlawful for interior speakers of an establishment during business operating hours to be aimed or oriented toward the exterior opening of a building, when said speakers produce sounds registering more than eighty-five Decibels (A weighted), as measured at street level fifty linear feet from the outside wall of the structure within which the noise is produced. Other than during business operating hours, it shall be unlawful for any establishment to operate or allow the operation of interior speakers producing sounds registering more than seventy Decibels (A weighted) at or on the boundary of the nearest public right-of-way or park. For purposes of this subsection, "business operating hours" means the hours during which an establishment is open to customers or patrons.
3.
All prerecorded music shall be limited to the 85 Decibel limit (A weighted), regardless of the source including, but not limited to: vinyl records, compact disks, digital video disks, digital audio players, hard drives, solid state memory, tape drives, radio sets or television sets. Such sound measurement shall be taken at street level fifty linear feet from the outside wall of the structure within which the noise is produced. Notwithstanding the foregoing, live music is expressly exempt from the 85 Decibel limitation. Live music shall mean that musicians, instruments and singers will not be prerecorded.
4.
If a commercial operation functions primarily as a dining establishment with outside seating, that establishment shall be exempt from the speaker prohibition but must limit the sound output to 85 Decibels (A weighted), as measured at street level fifty linear feet from the property line of the dining establishment from which the noise is produced.
5.
The following shall be exempt from the provisions of subsection B.1. above:
(a)
Special events, mass gatherings, or other permitted activities by the State of Tennessee or the metropolitan government or any of its boards or commissions;
(b)
Entertainment facilities constructed to provide outdoor entertainment owned by the State of Tennessee, the metropolitan government (or its agencies), or the parks under the control of the State of Tennessee or the metropolitan board of parks and recreation;
(c)
Churches or facilities used for religious worship.
C.
Motor vehicle noise. It shall be unlawful for any person to:
1.
Operate any motor vehicle that is not equipped with a muffler in good working order and in constant operation to prevent excessive noise.
2.
Operate a motor vehicle equipped with a cut-out, by-pass, or similar muffler elimination unit, or to operate a motor vehicle with devices that amplify motor noise or motor vehicle exhaust noise.
3.
Operate a motor vehicle if the exhaust noise is plainly audible at two hundred feet. For purposes of this subsection, "plainly audible" means the detection of the sound of a muffler or of an exhaust by a person using his or her unaided hearing faculties.
D.
No person operating or occupying a motor vehicle on any street, highway, alley, parking lot, or driveway, either public or private property, shall operate or permit the operation of any sound amplification system, including, but not limited to, any radio, tape player, compact disc player, loud speaker, or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle or, in the case of a motor vehicle on private property, beyond the property line. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty or more feet, however, words or phrases need not be discernible and said sound shall include bass reverberation.
E.
Except for properties lying within an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district, no person or persons owning, operating, or having the care, custody, or control of any facility located within fifty feet of a residence and/or of a natural conservation area shall permit to be operated any musical instrument or other entertainment device using amplification unless such music or other entertainment is provided within a totally enclosed structure. Such music or other entertainment may be provided outside of a structure only between the hours of seven a.m. and eleven p.m., except when exempted under provisions of the code as a special event, mass gathering or other permitted activity by metropolitan government or its boards or commissions. The provisions of this section shall not apply to entertainment facilities constructed to provide outdoor entertainment owned by metropolitan government or its agencies and parks under the control of the board of parks and recreation.
F.
Outdoor entertainment events within the downtown area.
1.
No person shall operate an outdoor music and/or entertainment event that produces amplified sound which registers more than eighty-five Db(A), as measured from any point within the boundary line of the nearest residentially occupied property at the street level.
2.
The provisions of this subsection shall only apply to (a) properties lying with an area zoned DTC district and properties zoned CF district that are contiguous to those zoned DTC district; (b) properties lying within an area bounded by properties fronting Music Square West and 17th Avenue South from Division Street to Edgehill Avenue; (c) properties along the north portion of Edgehill Avenue between 17th Avenue South and 16th Avenue South; (d) properties fronting 16th Avenue South and Music Square East between Edgehill Avenue and Division Street; (e) properties lying within an area fronting on the east side of 21st Avenue South from Scarritt Place to Edgehill Avenue; and (f) the properties fronting on the north side Edgehill Avenue to 17th Avenue South.
G.
Commercial noise.
1.
No person or persons owning, operating, or having the care, custody, or control of any business or commercial facility shall be permitted to operate any equipment, vehicles, or heavy machinery incident to performing business or commercial functions, or engage in any other business or commercial activity between the hours of 9:00 p.m. and 6:00 a.m. which would emit, cause to be emitted, or permit the emission of any noise in excess of seventy Db(A) as measured from a point as close as possible to the outside walls of any residential structure located within a residential zoning district affected by the noise at a height of four feet above the immediate surrounding surface.
2.
For business or commercial facilities located within the DTC and CF zoning districts, no person or persons owning, operating, or having the care, custody, or control of any business or commercial facility shall be permitted to operate any equipment, vehicles, or heavy machinery incident to performing business or commercial functions, or engage in any other business or commercial activity between the hours of 9:00 p.m. and 6:00 a.m. which would emit, cause to be emitted, or permit the emission of any noise in excess of eighty-five Db(A) as measured from a point as close as possible to the outside walls of any residential structure located within a residential zoning district affected by the noise at a height of four feet above the immediate surrounding surface.
H.
Prohibitions contained in this section shall not be applicable to emergency or public safety vehicles, vehicles owned and operated by the metropolitan government or any utility company, for sound emitted unavoidably during job-related operation, or any motor vehicle used in an authorized public activity for which a permit has been granted by the appropriate agency of the metropolitan government.
(Ord. BL2011-65 § 1, 2012; Ord. BL2009-587 § 2, 2010; Ord. BL2008-306 § 2, 2009; Amdt. 1 to Ord. BL2008-259 § 2, 2008; Ord. BL2008-259 §§ 1, 2, 2008; Amdt. 1 to Ord. BL2006-1138 § 1, 2006; Ord. BL2006-1138 § 1, 2006; Ord. 2002-1061 § 1, 2002; Ord. 2001-772 § 1, 2001; Amdts. 1, 2 to Ord. BL2000-378 §§ 1, 2, 2000; Amdt. 1 to Ord. 93-724, 8/3/93; Ord. 93-724 § 1, 1993; Ord. 88-508 § 1, 1988; prior code § 29-1-54)

For information on street performing/ busking in other places:

Chicago - Streets and Parks

Chicago - CTA (Chicago Transit Authority)

Los Angeles - includes Venice, Venice Beach

Santa Monica, Third Street Promenade

Universal City Walk, Hollywood, CA

San Francisco, Fishermans Wharf

How to Be a Street Performer in Nashville

NASHVILLE:

Sean Giovanni, Nashville Music Producer and Balcony TV Nashville

Kenny Royster, Nashville Music Producer

How to be a Street Performer in Los Angeles and at Venice Beach

How to be a Street Performer in Los Angeles

and at Venice Beach

by Sue Basko, esq.

Street performing is legal in Los Angeles and a license or permit is not needed. (Some special locations in the area but outside the City limits require a permit -- for example, see the blog post about performing at the 3rd Street Promenade in Santa Monica.)

Please be aware, however, that Los Angeles has a recent history of the police illegally arresting and harassing street performers in Hollywood. As of now, there is a court injunction prohibiting the police from doing this. Hopefully, the rights of street performers will be respected.

Venice Beach - Venice Beach is part of the City of Los Angeles. The City tried to restrict street performers at Venice Beach. A court case ensued, the City lost. You should be able to perform at Venice Beach and on the boardwalk as long as you follow the rules. The rules are rather complex, so see the law way down below on this page. It seems to say that performers are only allowed in certain areas and not too loud. It is a very long and complex law, so take some time in reading it below. Reading it, I honestly could not figure it all out. May you have better luck with it.

 It is called: SEC. 42.15. VENDING AND EXCESSIVE NOISE ON BEACHES PROHIBITED.

In parks: See the law far down below. Basically, in a park, you cannot use an amplifier without a permit; you cannot play any musical instrument between 10 pm and 7 am; you cannot play any musical instrument within 750 feet of any house or apartment - and this includes drums. See the whole law below.

AMPLIFIERS:

Read the "General Noise" Ordinance further below. Please note that even if you are using an amplifier at the allowed times and places, or even if you are not using an amplifier, if the noise you are making is bothersome, you can be told to leave or ticketed or arrested. The key to avoiding this is not to perform in any location for too long (one or two hours maximum in any location), and not to make any sounds that are too loud for that location. Use your sense. If you are outside someone's apartment or office banging a drum or tooting a saxophone for an hour, they are likely to call the police. Try to find commercial areas with locations that are already noisy.

Where and when you can use a regular stationary (not mounted on a truck, etc) amplifier for non-commercial music purposes:

1) In a residential area or within 500 feet of a residential area, for non-commercial music purposes, you can use an amplifier between 9 am and 4:30 pm. The amplifier must not be heard more than 200 feet away and you cannot make jarring or unusual noises. And an amplifier cannot be used within 200 feet of hospital grounds, a church or school, when that building is in use.

2) In other areas that are not within a residential area or within 500 feet of one, for noncommercial music purposes, you can use an amplifier between 7 am and 10 pm. The amplifier must not be heard more than 200 feet away and you cannot make jarring or unusual noises. And an amplifier cannot be used within 200 feet of hospital grounds, a church or school, when that building is in use.

3) KEEP IN MIND- Many areas of stores and offices have residences above the shops. This is a "residential area." Los Angeles keeps encouraging "mixed use" new construction. This is very bad for street performers and for freedom of speech. It is also bad in many other ways, such as lack of greenery and residences choked with gas fumes from commercial parking lots.

4) The ONLY sounds permitted are music or human speech, or both. The sound cannot be "loud and raucous or unreasonably jarring, disturbing, annoying or a nuisance to reasonable persons of normal sensitiveness within the area of audibility." That pretty much rules out banging on plastic buckets!

5) You cannot use an amplifier within 200 feet of any hospital grounds, church or school, when that building is in use.

Please be aware that street performing is allowed only on the public walk. Many establishments have wider walks that are privately owned. You cannot street perform on the private property. This includes Hollywood-Highland, where the public way is only the sidewalk closest to the street.

There are many street performers in the Hollywood area, including costumed characters having their photos taken with tourists for a price. The usual Costumes include Michael Jackson, Edward Scissorhands, Wonder Woman, and whatever action figure is popular at the time. Other acts include break dancers, plastic bucket bangers (they are usually asked to leave within a half hour), singers (they cannot be heard and rarely get tips), electric guitarists (good tips for classic rock anthems), and rappers trying to force people to buy their CDs.

CHECKLIST ON USING A REGULAR AMPLIFIER (not truck-mounted):

1) Are you in a residential zone or within 500 feet of one? If so, an amplifier can only be used between 9 and 4:30 pm.

2) Are you at least 500 feet from any residences? If so, an amplifier may be used from 7 am to 10 pm.

3) Are you near any hospital, church, or school? Is the building being used now? If so, you cannot use an amplifier within 200 feet of the building.

4) Is the sound you are amplifying music, a human voice, and nothing else? Is the sound pleasant, not jarring or annoying or repeated? You are only allowed to make or amplify sounds that most people would not be bothered by.

5) No amplified musical performances in the parks without a permit. See the law far below.

Here are the various laws involved. These are all from the Los Angeles Municipal Code, which is abbreviated LAMC. -- Happy Reading:

ARTICLE 5

AMPLIFIED SOUND

Section

115.01 Purpose.

115.02 Prohibition and Regulations.

SEC. 115.01. PURPOSE.

The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise.

SEC. 115.02. PROHIBITION AND REGULATIONS.

It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, or permittees duly authorized to use the same pursuant to Sec. 103.111 of this Code, to install, use, or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any public street, alley, sidewalk, park or place, or other public property except when installed, used or operated in compliance with the following provisions:

(a) In all residential zones and within 500 feet thereof, no sound amplifying equipment shall be installed, operated or used for commercial purposes at any time.

(b) The operation or use of sound amplifying equipment for noncommercial purposes in all residential zones and within 500 feet thereof, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church, is prohibited between the hours of 4:30 p.m. and 9:00 a.m. of the following day.

(c) In all other zones, except such portions thereof as may be included within 500 feet of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of 9:00 p.m. and 8:00 a.m. of the following day.

(d) In all other zones, except such portions thereof as may be included within 500 feet of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of 10:00 p.m. and 7:00 a.m. of the following day.

(e) The only sounds permitted shall be either music, human speech, or both.

(f) Sound emanating from sound amplifying equipment shall be limited in volume, tone and intensity as follows:

1. The sound shall not be audible at a distance in excess of 200 feet from the sound equipment.

2. In no event shall the sound be loud and raucous or unreasonably jarring, disturbing, annoying or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.

(g) Except as provided in (b) above, no sound amplifying equipment shall be operated upon any property adjacent to and within 200 feet of any hospital grounds or any school or church building while in use.

(h) (Amended by Ord. No. 145,691, Eff. 5/2/74.) The operation or use of any sound amplifying equipment installed, mounted, attached or carried in or by any sound truck is further prohibited:

1. Within the Central Traffic district at any time;

2. Upon Hollywood Boulevard between Vermont Avenue and La Brea at any time;

3. Upon Wilshire Boulevard at any time;

4. Upon Sunset Boulevard at any time;

5. Upon Vine Street at any time;

6. Upon any street between the hours of 4:30 p.m. and 9:00 a.m. of the following day;

7. Upon any street on a Sunday.

ARTICLE 6

GENERAL NOISE

Section

116.01 Loud, Unnecessary and Unusual Noise.

SEC. 116.01. LOUD, UNNECESSARY AND UNUSUAL NOISE.

Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

(a) The level of noise;

(b) Whether the nature of the noise is usual or unusual;

(c) Whether the origin of the noise is natural or unnatural;

(d) The level and intensity of the background noise, if any;

(e) The proximity of the noise to residential sleeping facilities;

(f) The nature and zoning of the area within which the noise emanates;

(g) The density of the inhabitation of the area within which the noise emanates;

(h) The time of the day and night the noise occurs;

(i) The duration of the noise;

(j) Whether the noise is recurrent, intermittent, or constant; and

(k) Whether the noise is produced by a commercial or noncommercial activity.

SEC. 41.57. LOUD AND RAUCOUS NOISE PROHIBITED.

(Added by Ord. No. 140,731, Eff. 8/24/70.)

(a) It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound making or sound amplifying device in his possession or under his control.

(1) upon any private property, or

(2) upon any public street alley, sidewalk or thoroughfare, or

(3) in or upon any public park or other public place or property.

(b) The words “loud and raucous noise” as used herein shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical, or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more of such places or areas.

The word “unreasonably” as used herein shall include but not be limited to, consideration of the hour, place, nature, and circumstances of the emission or transmission of any such loud and raucous noise.

SEC. 41.59. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.

(Amended by Ord. No. 173,705, Eff. 1/27/01)

(a) Definitions. For purposes of this section:

(1) “Solicit, ask or beg” shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

(2) “Public place” shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.

(b) Aggressive Solicitation prohibited.

(1) No person shall solicit, ask or beg in an aggressive manner in any public place.

(2) “Aggressive manner” shall mean any of the following:

(A) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to

(i) fear bodily harm to oneself or to another, damage to or loss of property, or

(ii) otherwise be intimidated into giving money or other thing of value;

(B) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;

(C) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

(D) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

(E) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

(F) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

(c) All solicitation prohibited at specified locations.

(1) Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

(A) Definitions. For purposes of this section:

(i) “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

(ii) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.

(iii) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

(iv) “Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with section 12000.

(v) “Automated teller machine” shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

(vi) “Automated teller machine facility” shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

(B) Exemptions. The provisions of Subdivision (c)(1) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.

(2) Motor vehicles and parking lots.

(A) Motor vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is located in any public place.

(B) Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise.

(C) Exemptions. Subdivision (c)(2) shall not apply to any of the following:

(i) to solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

(ii) to solicitations related to the lawful towing of a vehicle; or

(iii) to solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.

(3) Public transportation vehicles.

(A) “Public transportation vehicle” shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.

(B) Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.

(d) Penalty. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion.

(e) Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

(f) Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

SEC. 42.15. VENDING AND EXCESSIVE NOISE ON BEACHES PROHIBITED.

(Title and Section Amended by Ord. No. 179,807, Eff. 5/19/08.)

A. Except as specifically allowed in this section, no person shall engage in vending upon any public beach lands or beach properties adjoining the waterfront of the Pacific Ocean, or upon any immediately adjacent boardwalk, sidewalk or public way between the southerly boundary of the City of Santa Monica and the northerly boundary of the City of El Segundo and between the northwesterly boundary of the City of Santa Monica and the northwesterly boundary of the City of Los Angeles.

1. Findings and Purpose. The City Council of the City of Los Angeles finds and declares as follows:

(a) The Venice Beach Boardwalk (Boardwalk) is a major tourist attraction in the City of Los Angeles. The Boardwalk is historically significant as a traditional public forum for its performance and visual artists, as well as other free speech activity. Unregulated vending adversely affects the historic character of the Boardwalk resulting in an economic and cultural loss to the City. Therefore, the Boardwalk requires reasonable time, place, and manner restrictions to restore its unique historic character as a center of performance, art, and other free speech activity, preserve its status as a tourist attraction, protect the local merchant economy, and ensure the safety and enjoyment of residents, visitors, advocates, artists, performers, and vendors alike. Due to its unique historical, geographical, and physical characteristics, the Boardwalk requires its own set of rules and regulations different from other public parks in the City;

(b) Unregulated vending harms the Boardwalk, and therefore must be regulated because:

(i) Tourists are deterred from visiting or shopping at the Boardwalk as they are constantly approached, solicited, and sometimes harassed by unregulated vendors. It is therefore necessary to regulate the time, place, and manner of vending on the Boardwalk, in order to ensure that tourists are not deterred from visiting or shopping at the Boardwalk;

(ii) The amount of space on the Boardwalk that is available for performing and visual artists and for political advocacy is limited due to the size of the Boardwalk and the large crowds of visitors that the Boardwalk attracts. Due to the limited amount of space, unregulated vending along the Boardwalk prevents many persons from engaging in performance, art, advocacy or other expressive activities. Prior to the City’s Board of Recreation and Parks Commission establishing a program for assignment of spaces, unregulated vending resulted in conflicting claims for the available space. There were numerous altercations over the locations and amounts of space that any one person or organization could use. Frequently, the altercations became violent requiring law enforcement response to preserve the public peace. Persons wishing to secure spaces often arrived prior to dawn and created loud noises in setting up their displays, thereby disturbing the public peace and requiring a law enforcement response. Unregulated, the Boardwalk became a place where only the strongest and earliest arrivals could secure space to exercise their rights of free expression without threat of intimidation. It is, therefore, necessary to regulate the use of the limited space on the Boardwalk to prevent conflicting claims for the space and to allocate the limited space available fairly to all who desire to use it for lawful purposes.

(iii) Tables, pushcarts, stands, or equipment of persons engaged in vending impedes the orderly movement of pedestrian traffic and may make the Boardwalk unsafe for pedestrians by limiting the City’s ability to effect crowd management and control. It is therefore necessary to regulate the use of equipment by vendors to manage the orderly movement of pedestrian traffic and avoid injuries to pedestrians;

(iv) The vendors and their equipment may impede the ingress and egress of emergency and public safety vehicles by creating physical obstacles to emergency response and administration of aid to those in need of immediate medical attention and to victims of criminal activity. It is therefore necessary to regulate vendors and their use of equipment to avoid interference with emergency response vehicles that provide assistance to individuals with medical needs and victims of criminal activity;

(v) Unregulated vending undermines the Boardwalk’s commercial life by reducing sales by local merchants operating on private property abutting and adjacent to the Boardwalk, thereby eroding the City’s tax revenues due to unfair competition, and by offering additional opportunity for the sale of stolen, defective or counterfeit merchandise. It is therefore necessary to regulate vending to protect the local merchant economy and revitalize the Boardwalk, which requires a vibrant and stable merchant, artist, performer and free speech advocacy community;

(vi) Unregulated vending causes visual clutter/blight along the Boardwalk, impedes views of the beach and the Pacific Ocean, and threatens the City’s ability to attract tourists and preserve businesses along the Boardwalk. It is therefore necessary to regulate the number of vendors, the size of their equipment, and displays, and the location of vending activity;

(vii) Unregulated vending creates unnecessary, excessive and annoying noise on the Boardwalk, is detrimental to the public health, welfare and safety and contrary to the public interest, harms residents, businesses and the historic character of the Boardwalk, and diminishes the quality of life for those who visit, live or work on or near the Boardwalk. It is therefore necessary to establish restrictions on noise at the Boardwalk;

(viii) The Recreation Area between Horizon Avenue and 20th Avenue is a site that frequently holds special events. It is the location of a police substation where vehicles require the ability for unobstructed ingress and egress. It is also where many people engage in skateboarding, paddle tennis, and other sports and exercise. The Recreation Area between Horizon Avenue and 20th Avenue, therefore, requires a specialpermit system to regulate activity in that area, and prevent incompatible uses of space.

2. Action. To address these findings and purposes, the City has created reasonable time, place, and manner restrictions on vending. To preserve the Boardwalk’s rich history of fostering new artists, performance, and other free speech activity, the City has divided the available space on the Boardwalk between performers, advocates, artists, and those vending expressive items inextricably intertwined with a political, philosophical, religious or ideological message. Therefore, the City has:

(a) Created areas where persons can perform, engage in traditional expressive speech, and petitioning activities, and vend the following expressive items: newspapers, leaflets, pamphlets, bumper stickers, patches, buttons, or books created by the vendor or recordings of the vendor’s own performances (P-Zones);

(b) Created areas where persons may engage in activities permissible in the P-Zone, and also engage in vending of expressive items created by the vendor, or the vending of expressive items that are inextricably intertwined with the vendor’s message (I-Zones); and

(c) Created reasonable time, place, and manner restrictions on activities outside those areas.

B. P-Zones.

1. Vending any item in the P-Zones not exempted by Subdivision 2. of this subsection is a violation of this section and is subject to the penalties described in Subsection H.

2. P-Zone Exemptions. Subject to the permit requirements of Subdivision 4. of this subsection:

(a) Any person may:

(i) Vend newspapers, leaflets, pamphlets, bumper stickers, patches, or buttons; and

(ii) Vend books created by the vendor.

(b) Performers may vend audio, video, or other recordings of their performances; and

(c) Any person may give away food, goods, merchandise, services, or performances, free of charge, and may ask for a donation subject to the condition that they shall display, visible to the public, a placard provided by the City stating: “Donations appreciated. No contribution required.” A person giving away items may limit the items given away to no less than one item per person per day.

3. P-Zone Spaces. The Board will designate spaces on the Boardwalk for allocation in the P-Zones according to rules promulgated by the Board consistent with this section. There shall be at least 105 spaces designated in the P-Zones.

4. P-Zone Permit System. The allocation of spaces shall be determined according to the following permit system:

(a) Permits required for assigned spaces in the P-Zones during Peak Season. During the “peak season”, defined as the Saturday before Memorial Day through November 1 of each year, any person desiring to occupy an assigned space shall obtain a permit, and, spaces shall be assigned to persons possessing a permit according to the rules promulgated by the Board consistent with this section. P-Zone permits shall not be valid in the I-Zones.

(b) Exception: During peak season after 12:00 p.m. (noon), any person, whether or not a permit holder, may use any unoccupied space in the P-Zones subject to all other provisions of this section; provided that if the permit holder to which the space was assigned arrives after noon and asks to use his/her assigned space, the person not assigned the space shall immediately relinquish the space to the assigned permit holder.

(c) Permit Applications for the P-Zones during Peak Season. An application requesting a non-transferable peak season permit for the P-Zones shall only require the applicant’s name.

5. Unassigned Spaces in the P-Zones. Ten of the 105 designated P-Zone spaces shall be made available on a first-come, first-served basis for persons engaged in activity that is not vending and does not use amplified sound. Two of those spaces shall be made available for persons giving away food.

C. I-Zones.

1. Vending any item in the I-Zones not exempted by Subdivision 2. of this subsection is a violation of this section and is subject to the penalties described in Subsection G.

2. I-Zone exemptions. Subject to the permit requirements of Subdivision 4. of this subsection:

(a) All activities permissible in the P-Zones are also permissible in the I-Zones; and

(b) Any person may vend the following items: expressive items, which have been created, written or composed by the person, or are expressive items inextricably intertwined with the message of the person vending the items. These items may include, but are not limited to, books, cassettes tapes, compact discs, digital video discs, paintings, photographs and sculptures. For purposes of this paragraph, expressive items shall be deemed to have been created by the vendor only if they have been predominantly authored, performed, recorded, filmed, or otherwise made or assembled by the vendor.

3. I-Zone Spaces. The Board will designate spaces on the Boardwalk for allocation in the I-Zones according to rules promulgated by the Board consistent with this section. There shall be at least 100 spaces designated in the I-Zones.

4. I-Zone Permit System. The allocation of spaces shall be determined according to the following permit system:

(a) Permits required for use of space in the I-Zones. I-Zone permits shall not be valid in P-Zones to vend items only permitted to be vended in the I-Zones. However, I-Zone permits may be used in P-Zones for any permissible P-Zone purpose. No person shall occupy space in the I-Zone unless that person possesses a valid permit issued by the Department of Recreation and Parks. After 12:00 p.m. (noon), any I-Zone permit holder may use an unoccupied space in the I-Zone subject to all other provisions of this section; provided that if the permit holder to which the space was assigned arrives after noon and requests to use his/her assigned space, the person not assigned the space shall immediately relinquish the space to the assigned permit holder.

(b) Permit Applications for the I-Zones. Any person desiring to occupy an assigned space to vend items in the I-Zones shall file an application for a non-transferable permit with the Department of Recreation and Parks. The application shall require:

(i) The applicant’s name and a mailing address at which the City may provide notice to the applicant;

(ii) A description of the goods or merchandise for which the applicant seeks a permit;

(iii) A declaration that the goods or merchandise for which the applicant seeks a permit are expressive items of the applicant’s own creation or are inextricably intertwined with the message of the applicant.

D. Special Rules for Areas on the Boardwalk Outside the P-Zones and I-Zones.

1. Areas Outside the P-Zones and I-Zones.

(a) Activities allowed without equipment on the Boardwalk outside the P-Zones, I-Zones and pagodas. The following activity may occur in all areas covered by this section outside the P-Zones, I-Zones and pagodas, provided that no person may set up a display table, easel, stand, equipment or other furniture, use a pushcart or other vehicle or place any item on the property defined in Subsection A. except as provided in Paragraph b. of this subdivision:

(i) Any person may vend newspapers, leaflets, pamphlets, bumper stickers, patches, or buttons, and books or recordings created by vendor.

(ii) Any person may vend any other expressive item that is inextricably intertwined with the vendor’s message.

(iii) Any person may engage in any activity permissible in the P-Zones.

(b) Activities allowed with limited equipment on the Westside of the Boardwalk outside the P-Zones, I-Zones or pagodas. Any activity permitted in the P-Zones may occur on the Westside of the Boardwalk outside of the P-Zones, I-Zones or pagodas so long as the activity is not vending and does not substantially impede or obstruct pedestrian or vehicular traffic, subject to reasonable size and height restrictions on any table, easel, or other furniture in connection with that activity, as set forth in the Program Rules.

2. Special Permit System for the Recreation Area between Horizon Avenue and 20th Avenue.

(a) A permit is required for any activity in the Recreation Area that is engaged in by and/or attracts a crowd of 15 or more people.

(b) No permit is required for an activity in the Recreation Area that is engaged in by and/or attracts a crowd of fewer than 15 people. The activity shall not interfere with any other activity in the Recreation Area.

(c) No vending, no amplified sound, and no display tables, easels, stands, equipment, pushcarts or other vehicles, or structures shall be allowed in the Recreation Area without a permit.

E. Use of City Property for Vending, Performance, or Display Prohibited. No person shall use or obstruct access to any City-owned or maintained street furniture or structure, including any pagoda, for vending, performance, or display of anything whatsoever, including but not limited to, use of any bench, planter or trash receptacle installed on public property.

F. Noise Regulation for all property on or immediately adjacent to the Boardwalk.

1. No person, group or business shall create any noise, or allow the creation of any noise, which causes the noise level to exceed the following Lmax levels between 9:00 a.m. and sunset:

(a) 75 dBA, when measured at a minimum distance of 25 feet from the source of the noise; or,

(b) 96 dBA, when measured at a minimum distance of one foot from the source of the noise.

When Lmax levels are measured from a building located on private property adjacent to the Boardwalk, the measurement shall be taken from the property line dividing the private property and the Boardwalk.

2. Nothing in this section shall be construed as prohibiting the City from enforcing other provisions of this Code relating to noise. At all times, the provisions of Chapter 11 of the Los Angeles Municipal Code, Sections 111 through 115, inclusive, and Los Angeles Municipal Code Sections 41.42, 41.57, 53.63, 63.44 relating to noise shall apply.

3. No person or business shall interfere with or resist the taking of any noise measurement authorized by this section.

4. Amplified sound may be generated in the following designated P-Zone spaces subject to the other requirements of this section, and as long as any speaker or sound reproduction system is placed on the ground and is no more than three feet in height:

(a) Between 17th Avenue and Horizon Avenue;

(b) Between Breeze Avenue and Park Avenue.

5. Except as allowed by subdivision 4. of this subsection, amplified sound is prohibited on all property described in subsection A. of this section.

6. Notwithstanding the regulations regarding amplified sound, the City may issue special event permits.

G. Enforcement.

1. Conduct subject to administrative enforcement. The Board may adopt rules consistent with this section for space allocation and reasonable time, place and manner regulation of the I-Zones and the P-Zones. Except as provided in Subsection H. and Subdivision 2. of this subsection, violations of rules promulgated by the Board shall be subject to administrative enforcement by the City as follows:

(a) A permit may be revoked in accordance with the Program Rules adopted by the Board for violations of any provision of this section or the Program Rules. Revocation shall occur upon a third violation of a Program Rule, a third violation of the conditions set forth in this section, or a combination of any three violations of the Program Rules or conditions set forth in this section. A notice of violation of the Program Rules may be appealed to the Department of Recreation and Parks District Supervisor. Revocation of a permit may be appealed to the Panel of Vending Permit Appeals. No action of the Panel of Vending Permit Appeals may be taken by less than a majority of its members. The conclusion of the applicable appeal process shall constitute an exhaustion of administrative remedies pursuant to California Code of Civil Procedure Section 1094.5.

(b) Only those persons who obtain I-Zone permits may invoke the administrative appeals process described in Subparagraph (a) of this subdivision. Persons vending without a permit in the I-Zones shall be subject to the penalties described in Subsection H.

2. Conduct subject to criminal penalties. Conduct in the P-Zones or the I-Zones that is prohibited by the following paragraphs shall be subject to the penalties described in Subsection H.:

(a) No person shall place or allow anything in any designated space that extends beyond the boundaries of the designated space.

(b) No person shall place or allow any item (except an umbrella or other sun shade) exceeding four feet above ground in any designated space, nor shall any person cause or allow a designated space to be enclosed on more than two sides.

(c) No person occupying a space shall leave that space for a period longer than 45 minutes without first removing all items from the space.

(d) No person, business or group shall occupy more than a single space at any given time, nor shall any person, business or group solicit another person to obtain or occupy a space on their behalf.

(e) No person shall purchase, sell, barter or exchange any assigned space with any other person.

(f) No person shall set up or take down or use a designated space between sunset and 9:00 a.m.

3. No person shall alter or reproduce any permit issued pursuant to this section, nor shall any person possess an altered, reproduced or falsified permit document. A violation of this paragraph shall be subject to the penalties described in Subsection H.

H. Violations. Except for the administrative enforcement provided in Subdivision 1. of Subsection G., any person violating a provision of this section shall be subject to the following penalties:

1. First offense. Infraction.

2. Second offense. Infraction.

3. Subsequent offenses. Misdemeanor. The violation of any provision, which would otherwise be an infraction, shall be a misdemeanor if the person who has violated that provision has previously been convicted of two or more violations of this section within the 24-month period immediately preceding the current offense. For purposes of this subsection, a bail forfeiture shall be deemed to be a conviction of the offense charged.

I. Opening and Closing Hours. No person shall engage in activities not otherwise prohibited by this section between the hours of 10:30 p.m. and 9:00 a.m.

J. Posted Notice. The City shall post signs in the P-Zones and the I-Zones providing notice of the rules of use of each Zone consistent with this section.

K. Severability. If any provision or application of a provision of this section is held invalid, the remainder of the section and application of its provisions will not be affected.

L. Definitions. For purposes of this section, the following words or phrases shall have the following meanings:

1. Performance / Free Speech Zones (P-Zones). Areas on the Boardwalk designated by the City, located south of Clubhouse Avenue and north of 17th Avenue, south of Park Avenue and north of Wavecrest Avenue, and south of Paloma Avenue and north of Sunset Avenue in which the City will allocate spaces for performers and speakers. Vending shall be prohibited in this area except as provided in Subdivision 2. of Subsection B. of this section.

2. Inextricably Intertwined Speech Zones (I-Zones). Areas on the Boardwalk designated by the City, located south of Wavecrest Avenue and north of Clubhouse Avenue, south of Sunset Avenue and north of Park Avenue, and south of Navy Street and north of Paloma Avenue, in which the City will allocate spaces for the vending of expressive items that are created by the vendor or inextricably intertwined with speech. Vending shall be prohibited in this area except as provided in Subdivision 2. of Subsection C. of this section.

3. Amplified Sound. Sound produced with sound amplifying equipment as defined in Los Angeles Municipal Code Section 111.01(j), and shall not include sound produced solely by acoustical musical instruments.

4. Board. The City’s Board of Recreation and Park Commissioners.

5. City. The City of Los Angeles, a municipal corporation, acting by or through any of its officers, employees or agencies, including, but not limited to, the City’s Department of Recreation and Parks.

6. Donation. A gift; a voluntary act which is not required and does not require anything in return.

7. Food. Any type of edible substance or beverage.

8. Goods or Merchandise. Any items that are not food.

9. Pagodas. The structures, including the ten foot area fronting each structure, located on the Boardwalk at Clubhouse Avenue, Breeze Avenue, Park Avenue, Sunset Avenue and Dudley Avenue.

10. Panel of Vending Permit Appeals. A three-person board consisting of: a representative from the Park Advisory Board designated by the Board of Recreation and Park Commissioners; a Boardwalk community member designated by the City Councilmember of the district in which the Boardwalk is located; and the General Manager of the Department of Recreation and Parks or the General Manager’s designee.

11. Person. An individual or an organization composed of two or more individuals.

12. Program Rules. Rules adopted by the Board consistent with this section.

13. Pushcart. Any non-motorized mobile device that holds food, goods or merchandise as defined in this subsection, and is used to vend.

14. Recreation Area between Horizon Avenue and 20th Avenue. This is the area that includes a police substation, Muscle Beach, paddle tennis courts, and other recreational facilities. This does not include the Westside of the Boardwalk immediately adjacent to this area.

15. Vend or Vending. To sell, offer for sale, expose for sale, solicit offers to purchase, or to barter food, goods, merchandise or services in any area from a stand, table, pushcart, motor vehicle, bicycle, or by a person with or without the use of any other device or other method of transportation, or to require someone to pay a fee or to set, negotiate, or establish a fee before providing goods or services, even if characterized by the vendor as a donation.

16. Vendor. A person who vends. This includes a vendor who is an employee or agent of another.

17. Westside of the Boardwalk. The area on the ocean-side of the Venice Beach Boardwalk.

SEC. 63.44. REGULATIONS AFFECTING PARK AND RECREATION AREAS.

(Added by Ord. No. 153,027, Eff. 11/16/79.)

A. Definitions: As used in this section:

“Beach” shall include public seashore and shoreline areas bordering the Pacific Ocean that are owned, managed or controlled by the City. (Added by Ord. No. 163,039, Eff. 1/17/88.)

“Park” shall include every public park, roadside rest area, playground, zoological garden, ocean, beach or other recreational facility area, together with any parking lot, reservoir pier, swimming pool, golf course, court, field, bridle path, trail, or other recreational facility, or structure thereon, in the City of Los Angeles and under the control, operation or management of the Board of Recreation and Park Commissioners, the Los Angeles County Department of Parks and Recreation, the Los Angeles County Department of Beaches, or the Los Angeles Memorial Coliseum Commission. “Park” does not include any State Historic Park located within the City of Los Angeles.

“Board” shall mean the Board of Recreation and Park Commissioners.

B. Within the limits of any park or other City-owned Harbor Department designated and controlled property within the City of Los Angeles: (Amended by Ord. No. 174,737, Eff. 9/9/02.)

4. No person shall play or utilize any sound amplifying system except within or upon an area or facility set aside for such purpose by the Board, Department or Commission. For the purposes of this and the next subdivision, “sound amplifying system” shall mean and include any system of electrical hookup or connection, loud speaker system or equipment, sound amplifying system, and any apparatus, equipment, device, instrument, or machine designed for or intended to be used for the purpose of amplifying the sound or increasing the volume of the human voice, musical tone, vibration or sound wave. This subdivision shall not apply to the regular and customary use of portable radios, televisions, record players or tape recorders played or operated in such places and at such times so as not to disturb other persons in their permitted uses of the park.

5. No person shall hold or conduct any musical event or concert in which any sound amplifying system is utilized without first obtaining a written permit to do so from the Board, Department or Commission. The application for such musical event permit shall state:

The name of the person or persons applying for the permit; the particular park and location therein at which the musical event is proposed to take place; the date and time of the event; the number of persons who will perform at such musical event; and the size of the expected audience. A written permit for the musical event shall be issued upon reasonable terms and conditions except when:

(a) The location requested has been previously reserved for the same date and time by another person or organization for a particular activity; or

(b) The size of the audience reasonably expected to attend the musical event will exceed the capacity of the location requested.

6. No person shall play any musical instrument between the hours of 10:00 p.m. and 7:00 a.m. within seven hundred and fifty (750) feet of any structure used for dwelling purposes, except within or upon an area or facility set aside for this purpose by the Board or Department. For purposes of this subdivision, the term “musical instrument” includes but is not limited to drums and other percussion devices.

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