File #: 12-0221    Version: 1
Type: report Status: Filed
File created: 5/25/2012 In control: City Council
Agenda date: 6/21/2012 Final action: 7/28/2012
Title: Busking Final Report
Attachments: 1. 1. Current Busking Ordinance, 2. 2. Draft Info Flyer, 3. 3. Application Form, 4. 4. Email Comments, 5. 5. Council Meeting Public Comments, 6. 6. Letter to Businesses
Title
Busking Final Report


Issue:
Last year, several individuals raised concern about clarity regarding the city’s busking requirements.

Committee Recommendation:
To be determined.

City Manager’s Recommendation:
Review information and provide guidance.

Staff Contact:
Brian Wilson, Downtown Liaison, Community Planning & Development, 360.709.2790

Presenter(s):
Brian Wilson, Downtown Liaison

Background and Analysis:
In 2006 and 2007, the City Council adopted ordinances prohibiting sitting, lying, vending, soliciting and other activities in a 6-foot pedestrian walking lane on sidewalks in the downtown (see Attachment #2). Amendments to the pedestrian interference portion of the ordinance and a new busking ordinance were adopted.

The 2012 Council priorities include the downtown. Specifically, “create a safer, more welcoming downtown for all.” Busking (support for performing arts), providing clear pedestrian passage and ensuring access to business are vital to a vibrant downtown that is welcoming to all.

Busking was not initially identified by staff as a concern and was not included in the downtown project. However, based upon the range of public comments, it is clear that there is misunderstanding. After review of the ordinance and recent court cases, staff recommends that only action needed is to clarify and educate businesses and buskers on the ordinance.

KEY PROVISIONS IN THE BUSKING ORDINANCE (See Attachment 1):

Definition.
“Busk” means to act, sing, play a musical instrument, recite poetry, pantomime, mime, perform magic tricks, or dance for the purpose of or while immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person.

Busking Areas.
Busking is permitted throughout the entire city including the downtown so long as a 6-foot pedestrian area walking lane is maintained. There are several locations in downtown Olympia where busking is permitted within the 6-foot pedestrian area (See Attachment 2). I...

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