Riverside Municipal Code Ch. 13.30 Street Performers

The City recognizes that street performers are afforded rights related to freedom of speech and freedom of expression. The City also recognizes that the current climate of the country is such that the general public is operating at a heighted state of alert in large crowds.

The City desires to enhance the safety of the City's residents, businesses and visitors by implementing safe regulations for the street performers and the public at large.

Often, street performers draw extremely large crowds blocking pedestrian and emergency pathways. This can create serious safety problems by impacting the ability of individuals to move safely on sidewalks in high pedestrian traffic areas in that street performers attract large stationary crowds which have a tendency to block passageways and impede the path of travel. It is crucial to the continued interest of the community for the City to safeguard public ways with reasonable restrictions and regulations to ensure the health, safety and welfare of the public.

Established federal and state law allows municipalities to regulate the time, place, and manner of speech and other forms of expression where such regulations are narrowly tailored, content-neutral, and leave open ample alternative channels of communications for street performers desiring to display expressive activities in proximate performance areas where street performers may reasonably reach their intended audience.

The City therefore finds, that in order to ensure the safety of the residents, businesses and visitors, it is necessary to prohibit street performers from performing in violation of this section.

(Ord. 7491 § 2, 2019)

The City Council finds that the existence in the City of street performers provides a public amenity that enhances the character of the City and seeks to encourage such performances in a manner consistent with the overall public interest. The City Council also recognizes that street performers seek to and do draw crowds to their performance. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through crosswalks and impeding the response time of safety personnel. It can also impact access to and egress from businesses. Cognizant that street performers are engaged in First Amendment activities, this chapter imposes reasonable time, place, and manner restrictions on street performers to the extent necessary to ensure the safety of street performers, their audience, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in their homes or the ability of businesses to operate and conduct their business.

(Ord. 7491 § 2, 2019)

"Aggressive measures" shall include blocking or impeding the passage of the solicitee intentionally; touching the solicitee with the intent to intimidate or coerce; following the solicitee, going behind, ahead or alongside of him or her, with the intent to intimidate or coerce; threatening the solicitee, by word or gesture, with physical harm; and/or abusing the solicitee with words which are offensive and inherently likely to provoke an immediate violent reaction.

"Curb cut" means a solid ramp graded down from the top surface of a sidewalk to the surface of an adjoining street which is designed primarily for pedestrian usage.

"Expressive activities" means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinion, views, expression or ideas that are likely to be understood as such in the surrounding circumstances.

"Perform" or "performance" means the expressive activities of acting, singing, percussion, playing musical instruments and the like, pantomime, mime, magic, dancing, juggling, artistry or the creation of visual art and wares, including but not limited to drawings or paintings applied to paper, cardboard, canvas, cloth or to other similar medium when such art is applied to the medium through the use of brush, pastel, crayon, pencil, spray or other similar object and the creation, display and/or sale of crafts made by hand or otherwise.

"Public areas" means sidewalks, parkways, walkways, and all other public spaces and properties in the City.

"Street performer" or "performer" means individuals who perform in a public area or areas for the purpose of providing public entertainment or whose performance otherwise has the effect of drawing a crowd or audience.

(Ord. 7491 § 2, 2019)

A. No performer may perform:

1. Within ten feet of any bus stop;

2. Within ten feet of any street corner or a marked pedestrian crosswalk;

3. Within ten feet of the outer edge of any entrance of any business, including, but not limited to: doors, vestibules, driveways, outdoor dining area entries, and emergency exits, during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises;

4. Within ten feet of the outer edge of any entrance to any residence;

B. A performer and the performer's equipment may not block or obstruct the free and safe movement of pedestrians. If a performer attracts a crowd sufficient to block the passage of the public through a public area, the City may disperse that portion of the crowd that is blocking or obstructing the passage of the public. If efforts to move the crowd fail to adequately protect the public safety or order, a City police officer may cause the performer to leave the location or require that the performer relocate his or her equipment, but shall not prevent the performer from occupying another location in compliance with this chapter that does not block the free and safe movement of pedestrians or vehicular traffic. Failure on the part of a performer to comply with a lawful order to leave his or her location or relocate his or her equipment under this paragraph shall be deemed a violation of this Code.

C. A performer may not perform so as to obstruct access to private property.

D. There shall be no charge for a performance. Money given for a performance shall be on a donation only basis. A performer may perform whether or not the performer receives compensation for the performance. A performer may not charge a set fee for the performance or use aggressive measures to solicit donations.

E. No performer shall use any knife, sword, torch, flame, axe, saw, or other object that can cause serious bodily injury to any person, or engage in any activity, including, but not limited to, acrobatics, tumbling, or cycling, that can cause serious bodily injury to any person.

F. No performer shall use any generator, wet cell battery with removable fill caps, or any other power source that poses a fire or public safety hazard. No performer shall connect or maintain an electrical cord to an adjacent building or to a City power source without prior consent.

G. No performer shall place any object on a public sidewalk which causes less than a five-foot contiguous sidewalk width being kept clear for pedestrian passage.

H. A performer shall stay within ten feet of his or her instruments, props, equipment, merchandise, or other items at all times that these items are on a public sidewalk, public street, or public right-of-way.

I. No performer shall perform in contravention of the allowable noise standards established by this Code.

J. No performer shall block or obstruct a curb cut.

K. No performer shall ask or allow any observer, bystander, or audience member to engage in any activity, including, but not limited to, acrobatics, tumbling, or cycling that can cause serious bodily injury to any person.

L. No performer shall fasten or affix any item including, but not limited to, tape, strap, chain, tie, band, or rope, to any public property.

M. No performer shall utilize or prevent the public from utilizing any public benches, waste receptacles or other street furniture during the performance.

N. No minor under the age of 16 may perform unless the minor is at all times accompanied by a responsible adult 18 years of age or older, has obtained an entertainment work permit issued by the Department of Industrial Relations of the State of California and maintains the permit in his or her possession at the time of the performance.

O. In addition to the above requirements, performers must comply with the requirements of Section 13.21 of this Code.

P. Performers are prohibited from blocking the passage of the public through any public area, or blocking entry/exit to any business or residence.

Q. Performers will execute crowd control at all times before, during, and after their performance(s). When a large group of people gathers to watch a performance, clear and courteous passage must be made possible for the public.

R. Any street performer violating any of the above shall be subject to fines as set forth in Chapter 1.17 of this Code.

S. A violation occurring after a period of 12 consecutive months of no violations shall be considered a first violation.

(Ord. 7491 § 2, 2019)

If any part or provision of these sections, or the application thereof to any person or circumstance, is held invalid, the remainder of the sections, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of these sections are severable.

(Ord. 7491 § 2, 2019)