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The City of St. Augustine remains committed to providing accessibility to all and provides for handicapped accessible parking in the city. For a map of accessible parking locations, Click Here To notify the city regarding accessibility concerns contact: Will Franke, Building Official, Phn: 904.825.1065, Fax: 904.209.4335, Email: email@example.com; or Todd Grant, Public Works Deputy Director, Phn: 904.825.1040, Fax: 904.209.4286, Email: firstname.lastname@example.org. You may also write either of these contacts at City of St. Augustine, P.O. Box 210, St. Augustine, FL 32085-0210.
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AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA AMENDING SECTION 22-10 OF THE CODE OF THE CITY OF ST. AUGUSTINE, TO REGULATE OUTDOOR AND STREET PERFORMANCES ON PEDESTRIAN ST. GEORGE STREET FROM CATHEDRAL PLACE NORTH TO ORANGE STREET AND APPROACHING AND INTERSECTING PUBLIC STREETS, LANES AND THOROUGHFARES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, it is of primary concern and interest to the City of St. Augustine, Florida, to vigilantly protect and preserve the quality and historical and cultural ambience of the historical sections of the City. Of special importance is the mixed commercial and residential section of the City on St. George Street north of Cathedral Place, extending to Orange Street. This area of St. Augustine is a vital area of the City and serves the community and visitors to St. Augustine as the frontispiece of the story and life of this oldest city in the United States; and
WHEREAS, based on such concerns, the City adopted Ordinance No. 2000-03, Ordinance No. 2000-09 and Ordinance No. 2000-41 prohibiting street performers and sales within the above-referenced section of St. George Street; and
WHEREAS, upon consideration, the City Commission of the City of St. Augustine has determined that the time, place and manner restrictions upon conduct on St. George Street have worked for the purposes intended, and studies of traffic patterns of congestion upon the streets and testimony before the Commission at public hearing has indicated that allowing performers during certain times would not adversely affect the cultural and historical ambience of the City’s historic district; and
WHEREAS, the City of St. Augustine therefore finds that in order to preserve the historical character and quality of the Prohibited Public Area, to ensure the safety and utility of this area of the City, and to protect the interests of the property owners and regulated merchants in the Prohibited Public Area, it remains necessary to prohibit the Street Performers from performing on St. George Street from Cathedral Place to Orange Street and for a certain distance on the Public approaches, lanes and streets intersecting with this portion of St. George Street during certain times; and
WHEREAS, occasional, periodic short-term parades will enhance the historical and cultural ambience of the City, and will not adversely affect the safety of pedestrian traffic or the occupants or users of structures on St. George Street if precautions are made to provide for the safety of the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF ST. AUGUSTINE, FLORIDA AS FOLLOWS:
Section 1. Amending Section 22-10. Section 22-10 of the Code of the City of St. Augustine is hereby amended, to read, in its entirety, as follows:
Sec. 22-10. Regulation of street performers.
(a) Intent. The City Commission of the City of St. Augustine finds that the existence in the city of street performers, as hereinafter defined, in the prohibited public area, as hereinafter defined, interferes with the public health, safety, and welfare of the pedestrian traffic, including residents and tourists by, among other things, attracting audiences which congest the prohibited public area. The city finds that the existence of the street performers in the prohibited public area further adversely affects the city's interests in the aesthetics incident to the oldest city in the united states and adversely affects the interest of residents and the regulated, code compliant businesses and museums in the enjoyment of peace and quiet in their homes, businesses and museums. Also, the city finds that the existence of the street performers in the prohibited public area poses a safety risk to the public and passers-by by congestion and clutter in this area of St. Augustine. Therefore, it is the intent of the city to prohibit the street performers from performing in the prohibited public area of the City of St. Augustine but to permit them to have access to reasonable alternative avenues of communication throughout the city.
(b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Perform or performance means acting, singing, playing musical instruments, pantomime, mime, magic, dancing, juggling, or the sale of visual art and wares, which means 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.
(2) Prohibited activity means any activity involving the use of fire, aerosol or spray paint.
(3) Prohibited public area means the pedestrian accessed public areas of St. George Street from Cathedral Place north to Orange Street and within fifty (50) feet of that section of St. George Street on the intersecting public lanes, streets or thoroughfares.
(4) Street performers means individuals who perform, as defined herein, on the streets of the City of St. Augustine.
(5) Other public areas means public streets, rights-of-way, sidewalks, parks, playgrounds, and all public ways except those portions of the streets and roadways intended for use by vehicular traffic within the city.
(c) Prohibition. No street performers may perform in a prohibited public area. No street performer may perform a prohibited activity anywhere in the City of St. Augustine.
(d) Permitted performances. Street performers may perform in all public areas of St. Augustine except that area on St. George Street located between Orange Street to the north and Cathedral Place to the south, and within fifty (50) feet of this section of St. George Street on the intersecting public streets, lanes and thoroughfares.
(e) Exceptions. A street performer shall not perform in a manner that interferes with the visibility of any motorist, or at or near intersections or passages in a manner which interferes with the sight distance of any motorist traveling on or entering any thoroughfare in the city.
(f) Parades. Parades may be held on St. George Street under the following circumstances:
(1) A permit is obtained from the City Manager or such office as designated by the City Manager:
a. The City Manager, or his designee, shall act upon an application for a parade permit within five (5) days after filing thereof and must notify the applicant of the approval or denial of such application during that same period, at the telephone number or address listed on the application.
b. If the application is denied, a written notice stating the reason for denial shall be sent to the applicant by certified mail and made available by the City for inspection within the five (5) day period specified above.
(2) Criteria for issuance of a permit:
a. Application shall be made, on a form approved by the City, no less than seven (7) days and no more than thirty (30) days prior to the scheduled date of the parade.
b. Payment of the permit fee shall accompany the permit application, and the application shall contain the following information:
1. The name, address and telephone number of the person seeking to conduct such parade; and
2. If the parade is proposed to be conducted for, or on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible officers of such organization; and
3. The name, address and telephone number of the person who will be responsible for the conduct of the parade; and
4. The proposed date on which the parade is to be conducted; and
5. The proposed route to be traveled, the starting point and the termination point; and
6. The approximate number of persons who will constitute such parade; and
7. The proposed hours when such parade will start and terminate; and
8. The location of any assembly area for such parade.
c. The person applying for a parade permit shall agree in writing to abide by the provisions of this article and shall sign the agreement. If the party applying for the parade permit is an entity rather than an individual, the above signature shall be supplied by a duly authorized representative of such entity.
d. Applicant shall pay a minimum fee of Fifty Dollars ($50.00) Dollars to cover the administrative costs of the City reviewing such permit application and to provide for police officers for traffic control and to provide for the safety of the public. Said fee may be increased if it is determined that, due to the size of the parade, additional police officers are necessary for traffic control or to provide for the safety of the public. The additional cost charged shall be at a rate determined by the City Manager, based upon the salary, benefits and costs to the City for providing officers as necessary to ensure that the safety of the public is maintained during the course of the event and to ensure access for emergency vehicles and to evacuate the public from the area if necessary during the time of the parade. The number of the police officers necessary shall be determined based upon the projected number of participants in the parade and the length and duration of such parade.
e. Any person, group or organization obtaining a permit under this section for a parade or procession shall have the non-exclusive use of St. George Street for not more than sixty (60) minutes. Participants in the parade shall not be allowed to utilize motor vehicles or motorized vehicles except electric wheelchairs as necessary to accommodate ADA requirements, nor shall any participants be allowed to bring animals or pets as part of the parade procession.
f. No person, group or organization shall be permitted to obstruct St. George Street to the extent that it cannot be used for normal pedestrian access.
g. No person, group or organization may apply for more than three (3) permits per calendar year.
h. There shall be a maximum of one (1) parade or procession permit issued per day.
(g) Penalties. Offenses under this section shall be punishable as provided in section 1-8 of this Code."
Section 2. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.
Section 3. Inclusion in Code. It is the intention of the City Commission that the provisions of this ordinance shall become and be made part of the Code of the City of St. Augustine and that the sections of this ordinance may be renumbered or relettered and the word ordinance may be changed to section, article or other such appropriate word or phrase in order to accomplish such intentions.
Section 4. Effective Date. This ordinance shall become effective ten (10) days after passage pursuant to s. 166.041(4), Florida Statutes.