HomeMy WebLinkAboutOrd. No. 2015-1346oRDtNANCE NO. 2015-1346
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING TITLE 5 OF THE LAKE
ELSINORE MUNICIPAL CODE TO ADD CHAPTER 5.58
PROVIDING FOR THE REGULATION AND PERMITTING
OF BUSKING
WHEREAS, the City of Lake Elsinore supports and seeks to protect the activities
and livelihood of buskers engaging in busking activities; and
WHEREAS, the City of Lake Elsinore recognizes the cultural importance of
busking, and seeks to cultivate and protect the artistic contribution in the Lake Elsinore
community; and
WHEREAS, the City of Lake Elsinore recognizes the importance to balance the
needs of buskers with reasonable prohibitions on panhandling and solicitation.
NOW THEREFORE, THE CITY COUNCIL OF THE CIry OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.58 is hereby added to the Lake Elsinore Municipal Code
to read as follows:
CHAPTER 5.58 - Busking Permit
5.58.010 - Definitions.
5.58.020 - Busking Permit
5.58.030 - Busking Conditions
5.58.040 - Other Prohibitions lnapplicable
5.58.010 - Definitions
As used in this chapter:
"Busker" shall refer to an artist or entertainer which creates products and/or
provides performances or services for the public by playing a musical instrument,
dancing, singing, reciting, puppetry, pantomime, magic, clowning, juggling, painting,
drawing, or doing other acts of a similar nature in the interest of receiving monetary
revenue in the designated busking locations within the City of Lake Elsinore.
"Busking group" shall refer to a group of buskers who act as a single busking entity
while engaging in busking activities.
"Busking activity" shall refer to any theatrical, musical, visual, or presentation
activity for entertainment and/or sales purposes.
City Council Ordinance No. 2015-1346
Page 2 of 3
"Busking-originated products or services" shall refer to products created by or
services provided by the permitted busker. Busker must actively create busking related
products and/or provide services on-site in order to solicit monetary revenue from the
public for such products and/or services.
"Busking locations" shall refer to designated busking locations in the public realm,
as identified by the City of Lake Elsinore.
"Public Right-of-Way" shall refer to a pathway or area open to public use that
provides an access or egress between private property areas. "Public right-of-way" areas
shall include, but not be limited to, any public place (including paths, alleys, parks,
playgrounds, and/or trails), roadway, sidewalk, street or highway.
5.58.020 - Busking Permit
A busker engaged in busking activities and providing busking-originated products
or services in the interest of receiving monetary revenue in the designated busking
locations within the City of Lake Elsinore, must obtain a City of Lake Elsinore business
license, a busking permit, and busking badge(s). Busking permit applications are
reviewed and administered by the City of Lake Elsinore Community Services Department.
A Busker otherwise in compliance with this Chapter shall not be required to obtain any
other additional City licenses or permits.
5.58.030 - Busking Conditions.
Busker may engage in busking activities in the designated busking locations,
provided compliance with the following conditions:
permit;
1. Busker or busking group shall obtain a City of Lake Elsinore busking
2. City shall provide a busking badge for each busker upon approval of
busking permit;
3. Busking badge(s) shall be displayed at all times while conducting
busking activities;
4. Busker or busking group shall be in compliance with the City of Lake
Elsinore's "Busking Guidelines and Rules";
5. Busking activity shall occur between 10:00 a.m. and 10:00 p.m.,
except at such dates and times as approved by the City Manager or their designee;
6. Busking activity shall occur within the designated busking locations,
except at such dates and times as approved by the City Manager or their designee;
City Council Ordinance No. 2015-1346
Page 3 of 3
7. Busker and/or busking activity shall not obstruct any of the following:
(a) the entrance to any private residence or property, (b) the entrance to any business,
and (c) the public right-of-way, except at such dates and times as approved by the City
Manager or their designee;
8. Busker or busking group shall conduct themselves in a safe,
professional, and cooperative manner at all times; and,
9. Busker or busking group shall be in compliance with all local, state,
and federal laws and regulations, including but not limited to, noise regulations and tax
laws.
10.City assumes no responsibility for the content of the busking
activities.
5.58.040-Other Prohibitions Not Applicable
The prohibitions of the City of Lake Elsinore Municipal Code which would otherwise
conflict the purposes of this chapter (including, but not limited to, Chapter 8.13, Regulation
of Solicitation) do not apply to a busking activity otherwise in compliance with this chapter.
SECTION 2. lf any provision, clause, sentence or paragraph of this Ordinance to
any person or circumstance shall be held invalid, such invalidity shall not affect the other
provisions of this Ordinance and are hereby declared to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 8th day of December, 2015, and
ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the 26th day of January, 2016.
ATTEST:
usan M. Domen,MMC
City Clerk
AS
STATE OF CALTFORNTA )
COUNTY OF RIVERSIDE ) ss.
ctTY oF LAKE ELSTNORE )
l, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, hereby certify that
Ordinance No.2015-1346 was introduced at the regular City Council meeting of
December 8, 2015, and adopted at the regular meeting of January 26, 2016, by the
following roll call vote:
AYES: Council Member Manos, Council Member Johnson, Council Member Hickman,
Mayor Pro Tem Magee, and Mayor TisdaleNOES: None
ABSENT: None
ABSTAIN: None
City Clerk