Celebrating self-expression as a basic human right essential for the

healthy growth of youth, individuals and communities

COMMUNITY ARTS ADVOCATES, INC.

Stephen H. Baird, Founder and Executive Director

PO Box 300112, Jamaica Plain, MA 02130-0030

Telephone: 617-522-3407

info@communityartsadvocates.org

www.CommunityArtsAdvocates.org


Introduction and Services

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Photo-Journalism Project

Performance Locations Africa, Asia, Australia, Europe, and the Americas

Historical References

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Legal Court Citations

Model Regulations

Sidewalk Democracy: Regulation of Public Space

The Malling of America: The Selling of America's Public Parks and Streets

India's Street and Transit Music

Avenues of Self Expression

Code of Ethics

Amplification Ethics

Subway Transit Artists

Women Street Performers and Sexual Safety

Email List

Stephen Baird's Home Page

New Orleans City Council considers new Noise Ordinance that would reduce sound level to 60 dB that would ban music in public spaces Dec 2013 then withdraw ordinance January 16, 2014

Two Performers with support from ACLU of Eastern Missouri  Challenge the Audition System, High Permit Fees and Performance Location Restrictions in Saint Louis, MO May 2013

New York City Curtails Street Performers and Street Artists in City Parks 2010-2011

Arrest and legal actions of Chris Drew for selling art on streets of Chicago December 2009. ACLU challenges Illinois eavesdropping act - Lawsuit cites cases of people charged with breaking the law for making audio recordings of police in action August 2010

Spokane Legal Battle Won January 11, 2010 and November 24, 2008

Ninth Circuit Appeals Federal Court Case won 8-3 Berger vs. Seattle June 24, 2009

Glen Hansard, a former Dublin busker, with singer Marketa Irglova win the 2008 Oscar and Grammy for the best song Falling Slowly

Wilmington, North Carolina, Law and Enforcement Practices Ruled Unconstitutional November 3, 2008

Boston Crack Down on Street Performers and Artists August 2008

MBTA-Radio Threatens Subway Performances Oct 2007

Jakarta, Indonesia bans donations to buskers September 2007

Kansas City Council attempts to ban street performances February 2007

Community Arts Advocates Site Map

The History and Cultural Impact

of Street Performing in America

by Stephen Baird Stephen Baird 1971-2014

Babes Stovall in New Orleans 1972


New Orleans

New Orleans: Permits are nor required, CD sales by donation only, amplification allowed if under 80db at 50 feet. Bourban Street closed 8 PM- 6 AM -- See New Orleans Guide and Code of Ethics and links below. Like many towns, pressures and hassles fluctuate. In the mid 1970s the City Coroner was even arrested for performing on the streets with his jazz band. Good winter retreat, 20 minute limit in Jackson Sq.



http://maccno.com/wp-content/uploads/2015/10/MACCNO_street_performance_guide.pdf


Contacts: Street Artists Group, Jose Torres Tama, 1427 Dauphine St, New Orleans 70116 504-948-4607 Mary Howell, Esq., Howell & Snead, 316 S. Dorgenois, New Orleans, 70119 504-822-4455, Attorney who has represented street artists for decades and a good musician too. Jackson Square Artist Association, Box 50957, New Orleans, LA, 70150 Email: artists@jackson-square.com http://www.jackson-square.com/ : The Jackson Square art colony in New Orleans is one of America's oldest existing art colonies. For over a hundred years artists, including John J. Audubon, have worked, displayed, and sold their art at Jackson Square. Buskers Bunkhouse Free Housing for Artists - Facebook page: Facebook page: https://www.facebook.com/BuskersBunkhouseInc  or http://www.indiegogo.com/projects/buskers-bunkhouse-free-housing-for-artists



Buskers Bunkhouse in New Orleans has cash crunch due to large tax bill, extra cold winter, a bike accident, and high construction repair costs... Buskers Bunkhouse provided housing for artists and buskers after Hurricane Katrina and continues to provide housing and other services. GoFundMe campaign at http://www.gofundme.com/jn5hy4

UPDATE December 2013-April 2014:

New Orleans City Council is trying to pass a new Noise Ordinance that would reduce the volume to 60 db and essentially ban live music performances in public spaces.  The average background noise from traffic, wind, rain, building air conditioners, conversations in a city is 80 db.  Construction, buses and trucks exceed 90-120 db.  The proposed 60 dB level is unconstitutional and would give police and self selected community members total discretion to even stop conversations on the street.

This is not a new issue for New Orleans.  New Orleans street performers in Lionhart v. Foster 100 F.Supp.2d 383 (E.D.La.,1999) LEXIS 17059 won a federal case that declared sound level of 55 db to be unconstitutional. The judge cited cases which gave amplification First Amendment protection including this case in Houston: Reeves v. McConn,  631 F.2d at 381 n. 1. The court noted that "there is probably no more appropriate place for reasonably amplified speech than the streets and sidewalks of a downtown business district."
  • My view is the Vieux Carre Property Owners and Renters Association and Councilwoman Kristin Gisleson Palmer should face criminal civil rights violations for defying this court decision.
Noise complaints are often the central issue. Air planes 100-130 db, trains 80-110 db, trucks and buses 70-120 db, building air conditioners and exhaust fans 70-100 db and numerous other sources of city noise are 2-20 times greater than any street performer. Even water fountains and rain storms can measure over 90 db. Street performers often can not be measured because they are below the background noise levels. People most often complain about some one else's volume level and never their own contribution to the collective noise level of a complex society.

Only the rich and powerful can get a quiet residence in a big city.... Not the poor and powerless who live next to an airport, mass transit line or six-lane highway.
  • Will the New Orleans City Council ban recess at all public schools because a few rich residents will be disturbed by the noise of children playing outside which exceed the 60 db level?
  • Will the Vieux Carre Property Owners and Renters Association and Councilwoman Kristin Palmer fund and construct sound barriers to protect residents who live with traffic noise of 80-100 db 24 hours a day 7 days a week because they live next to a six lane highway in New Orleans?
  • Will the New Orleans City Council and Vieux Carre Property Owners and Renters Association have the entire stadium arrested including any participating police officers for creating a sound level exceeding 136 db a the next New Orleans Saints football game?
The real public safety issue in New Orleans is abuse of alcohol.  Automobiles accidents kill and maim tens of thousands of people every year, not musicians playing in clubs and public spaces.

This is not an issue of public safety. New Orleans City Council did not and can not document any public safety issues caused by street performance accidents. The very people complaining about noise levels contribute to the collective noise level exceeding 80 db from their own cars and building air conditioners. The commerce noise is not being restricted to the same level as the creative music of artists.

Tap dancing, the blues and jazz were not invented at universities. They were crafted and perfected on the streets and historically on the streets of New Orleans. From Ben Franklin to Irving Berlin, Louis Armstrong to Blind Lemon Jefferson, Eubie Blake to Snooks Eaglin -- the streets are where the foundations of American culture identify is formed.



There are many articles on street entertainers and artists of New Orleans. Historical records and diaries of travelers include descriptions of African American street performances in Congo aka Circus Square in New Orleans as far back as 1800.

http://www.davidandroselyn.net David & Roselyn, longtime street performers in New Orleans, with articles, video and sound clips including PBS documentary River of Song clips.

http://www.performers.net/library/pb-uspitches.html GlassHarper, Peter Bennent story of performing in New Orleans and west coast to Alaska.  Can also find Peter on Facebook

http://royalrounders.com/ David Roe aka "Dr." - Musician, Band Leader, Song Writer -- Royal Rounders AKA The All Star Brass - New Orleans Jazz -- Travels extensively. He plays piano on the streets of New Orleans. Web site has many historical photos going back to 1970s.

http://www.face-painter.com/ Irina Filatova (504) 473-3581 email: buskergirl@hotmail.com

I was born in St. Petersburg, Russia, and moved to the USA in 1990. I never did any face-painting in Russia. I studied psychology in college and worked in advertising and consumer research.

My first "encounter" with face-painters happened in the summer of 1991 on Harvard Square in Boston, where I was working for a local newspaper. There were these two Irish girls, Catherine and Debbie, who were face-painters from the London Zoo on a summer vacation in Boston. They were doing great artwork on kids and street performers, and I got my own face painted and loved it a lot.

Thank you guys so much! I would never stop feeling grateful for your "initiating" me into the trade! I was fascinated with the idea of travelling around the world painting people, and in 1992 I started doing it in New York City, where I moved to in the fall of 1991.

I was working in the T-shirt Gallery on Lexington and 64th Street, and my boss -- "Finn" -- set me up with some local bars for Halloween '92. In the summer of '93, I was street performing in Central Park. From '93 to '96, I was working only in New York City, as a street performer in Central Park and South Street Seaport, and as doing lots of birthday parties and corporate events, as well as all 5th Ave. parades.

Since 1996, I have been travelling to festivals in Florida and New Orleans in the winter, and after 9/11, I became a full-time "nomad," working around the country. Sometimes I return to New York City in the summer to work in Central Park, but most of the time I am working in New Orleans and Atlanta. My other favorite cities to visit are San Francisco, Miami, Key West, Boston, Seattle, and Toronto.

http://www.artandculture.com/arts/artist?artistId=193 Louis Armstrong was one of the more joyous treasures to have come out of jazz -- his warm, jubilant vocals were as intricate and charismatic as his trumpeting. Raised in New Orleans in loving poverty by his grandmother, Armstrong organized a street performance group at age seven. Arrested at age 13 for firing a pistol in the street (in celebration of New Year's Eve), he got his start playing trumpet while incarcerated in the Coloured Waifs' Home. He was later employed unloading banana boats, delivering coal, and selling newspapers.

http://www.loc.gov/folklife/states/louisiana.html The collections of the American Folklife Center include materials from Louisiana street performers and artists dating back to the 1920s

http://www.dragonmastershowcase.com/clip1_hi.htm. View the performances of the Dragon Masters Sowcase of breakdancers: in New Orleans, the steps of Washington Artillery Park on Decatur in front of St. Louis Cathedral, near Bourbon Street in the heart of the French Quarter

http://www.ourtrip.com/travelogue/usa/la/neworleans.htm Tourist review of New Orleans street scene.

http://www.yesweekly.com/triad/article-48-the-night-they-arrested-trombone-shorty.html  Great 2008 Yes Weekly article on the arrest of 10 year old prodigy Trombone Shorty by Brian Clarey.  Highlights the legal work of Mary Howell ongoing battle with the powers of New Orleans...

http://www.cadencebuilding.com A.K.A. DOC: The Oral History of a New Orleans Street Musician--James May (a.k.a. "Doc Saxtrum:"), by Geoffrey Edwards and Ryan Edwards, Cadence Jazz Books, The Cadence building, Redwood, NY 13679

Anthony "Tuba Fats" Lacen, the legendary and much loved street performer and jazz player died January, 11, 2004. Anthony "Tuba Fats" Lacen was a founding member of the Dirty Dozen Brass Band, performed and recorded with many other bands and had his own band, the Chosen Few He was a mainstay of the city's best-known jazz venues, including Preservation Hall. Most of all he was know for street performing in Jackson Square. Over 2,500 folks joined the funeral procession complete with a horse-drawn carriage with the rose-covered coffin.

"I don't need to be a millionaire. If I want to play on the street, that's my business. We're not beggars, we're not homeless, I play in Jackson Square and I do it because peoples love music and I love to see peoples enjoy music. People come to New Orleans to hear the music and they don't get it up and down Bourbon Street. It's not there anymore." Offbeat Magazine 2000.

http://www.bestofneworleans.com/dispatch/2004-01-20/news_feat2.html Local musicians play their hearts out, mourning the loss of Tuba Fats.

http://www.dirtydozenbrass.com/news.html Tribute to Tuba Fats

http://www.louisianamusicfactory.com/tubafats-RIP.asp NEW ORLEANS -- Anthony "Tuba Fats" Lacen, a popular brass band tuba player and stalwart of the Jackson Square musicians' community, died late Sunday at his home of an apparent heart attack. He was 53.

http://www.nocitycouncil.com/content/councilnews.asp?cmd=view&articleid=271 The Council remembered the late Anthony "Tuba Fats" Lacen. With the assistance of the Vieux Carre Commission, Council President Thomas said that a memorial plaque will be placed in his honor. Resolution R-04-38 was sponsored by all Councilmembers Date: 1/22/2004 NOTE: This is the same City Council that has repeatedly try to curtail street performances in New Orleans.

http://www.bestofneworleans.com/dispatch/2002-07-30/ae_feat.html Big Man on the Square: For years, music on Jackson Square has been the heart of New Orleans jazz. And at the heart of the Square has been Tuba Fats.

http://www.offbeat.com/ob2012/cover_tuba_fats.html Offbeat Magazine 2000 Interview by Bunny Matthews

http://royalrounders.com/photos-group-16.html David Roe web site with photos of Tuba Fats, memorial bench... Check out other galleries for many historical photos...

Snooks Eaglin New Orleans Street Singer, Folkways Records FA 2476, 1959-1968.  Note: Now from the Smithsonian which holds the Folkways Records recordings: 2005 collection "New Orleans Street Singer"SFW40165



Folkways Records released New Orleans Street Singer in 1959 and the album set the world of folk and acoustic blues fans on fire. Snooks Eaglin was in the early stages of his long R&B career when folklorist Harry Oster heard him playing solo on the streets of the French Quarter. That very recording, presented here with 7 previously unreleased tracks, captured Eaglin's genius and elevated him to the pantheon of eccentric, uncategorizable guitar virtuosos. 32-page booklet. 25 classic tracks. 68 minutes. Complete collection at: http://www.folkways.si.edu/snooks-eaglin/new-orleans-street-singer/blues/music/album/smithsonian

Listen to Smithsonian Folkways Recordings of "Walking Blues" by Snooks Eaglin at https://soundcloud.com/smithsonian-folkways/walking-blues-performed-by

New Orleans street performers in Lionhart v. Foster 100 F.Supp.2d 383 (E.D.La.,1999) LEXIS 17059 won federal case that declared sound level of 55db to be unconstitutional. The judge refereed to cases which gave amplification First Amendment protection and cited cases in Houston: Reeves v. McConn, 631 F.2d at 381 n. 1. The court noted that "there is probably no more appropriate place for reasonably amplified speech than the streets and sidewalks of a downtown business district." District of Columbia Circuit struck down a federal regulation which prohibited the playing of musical instruments at a level higher than "60 decibels measured on the A-weighted scale at 50 feet." (Doe, 968 F.2d at 89-90, The last case also included the playing of drums in front of the White House) New Orleans artists also received a preliminary injunction restraining order on May 31, 1996 when the city tried to impose a inaudible at 25 foot requirement Case 96-1869 (E.D.La.,1996) ROSELYN LIONHART, et al versus CITY OF NEW ORLEANS, et al;1996 U.S. Dist. LEXIS 18903 (December 13, 1996).

Below are the New Orleans Code of Ordinances sections for craft people, visual artists and street entertainers. Laws are constantly changing. Please review the offical city web site and go to City Hall to ensure you obtain the most current versions. -- Stephen Baird

 


 

NEW ORLEANS, LOUISIANA

NOTE: Most of the code is not enforced since Hurricane Katrina. The hats, donations and art sales are meager. Support the artists.


Code of Ordinances

http://www.nocitycouncil.com/content/

http://livepublish.municode.com/25/lpext.dll?f=templates&fn=altmain-nf-hitlist.htm&2.0

Chapter 110 PEDDLERS, SOLICITORS AND ITINERANT VENDORS*

__________

*Cross references: Standards for storefront and display windows, 26-511 et seq.; carnival, Mardi Gras, ch. 34; mayoralty permits for peddling novelties, candles, home manufactured or home grown products, toilet articles, etc., required, 30-70; secondhand goods, ch. 130; signs, ch. 134; sales and use tax, 150-441 et seq.; occupational license tax, 150-951 et seq.; regulations regarding Jackson Square, 106-261 et seq.

Division 3. Artists

Sec. 110-121. Definitions.

Sec. 110-122. Permits required.

Sec. 110-123. Fees.

Sec. 110-124. Exhibition of work.

Sec. 110-125. Display of permit, prices.

Sec. 110-126. Revocation.

Sec. 110-127. Maximum number of permits issued.

Sec. 110-128. Rules, regulations--"A," "B" permits.

Sec. 110-129. Same--Edison Park.

Sec. 110-130. Same--French Market Promenades and Parks.

Sec. 110-131. Permits valid in the central business district.

Sec. 110-132. Artist regulations.

 

Sec. 110-76. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Application for mayoralty permit means each individual outlet must have a separate application; permits will be good for only the location on that application.

Handmade artifact means merchandise which is entirely handmade by the labor of the permittee or workers of the permittee; it shall not include any finished products bought for resale, or perishable or edible merchandise.

Permittee means the person who obtains a mayoralty permit to sell handmade artifacts.

Vendor means a person employed by the permittee to display and sell the permittee's handmade artifacts; vendors will be restricted to sell only at the stand which bears the individual mayoralty permit number.

(Code 1956, 46-4.3(A))

Cross references: Definitions generally, 1-2

Sec. 110-77. Permits required.

Every person who shall desire to use the public streets, sidewalks or public places or private places of business establishments for the conduct of any of the businesses or callings hereinafter set forth or to hold meetings or rallies or public entertainment in private or public halls or places shall first apply to and obtain from the department of finance a permit. Such permit shall in each instance state the occasion for which it is issued and the date upon which it will expire and shall be in addition to any other tax or license to which the permittee may be liable. Except as otherwise provided annual permits expire on December 31. Such permits, however are not valid within the central business district area bounded by the River on the East, Claiborne Avenue on the West, Esplanade Avenue on the North and Howard Avenue on the South, except as provided in section 110-80.

(Code 1956, 46-1)

Sec. 110-78. Fee.

Permits shall be paid for by the applicant at the time of issuance to sell handmade artifacts on the city sidewalks, per sales outlet, per year, in the amount of $100.00.

(Code 1956, 46-1(38))

Sec. 110-79. Location of sale restricted.

(a) Notwithstanding the provisions of sections 110-77 or 110-80 to the contrary, the sale of handmade artifacts shall be allowed only from the following locations: On Canal Street between Dauphine Street and Bourbon Street (downtown side); on Canal Street between North Rampart Street and Burgundy Street (downtown side); on Canal Street between Exchange Place and Chartres Street (downtown side); on Canal Street between Bourbon Street and Royal Street (downtown side); on Canal Street between Royal Street and Exchange Place (downtown side); on Canal Street between Burgundy Street and Dauphine Street (downtown side); on North Rampart Street between Dumaine Street and St. Philip Street (lake side); on Canal Street between Elks Place and South Rampart Street (uptown side); on Canal Street between Carondelet Street and St. Charles Avenue (uptown side); on Tulane Avenue between LaSalle Street and South Villere Street (uptown side); on Canal Street between Basin Street and North Rampart Street (downtown side). The number of permits issued shall be limited to one for each of the above locations. No more than two persons shall be allowed at each stand.

(b) The traffic engineering division of the department of streets shall, after application by a vendor to sell under the provisions of this section, review the application as to the location proposed by the applicant, and shall in accordance with the provisions hereinafter specified, designate the selling location by placing a numbered marker at that location. The number on the marker shall be the same as the serial number on the permit.

(c) The selling location designated by the traffic engineer shall be placed as near to the middle of the block as possible but in no event shall the location be designated directly in front of the entrance to a store. There shall be no more than one such location per block.

(d) If the above-mentioned authorized locations are unavailable for use due to sidewalk construction or renovations, the director of the department of streets and the director of the department of finance shall meet with the licensees for the purpose of temporarily reassigning locations. The directors shall submit a written report of the temporary assignments to the city council. If no agreement with the licensees can be arrived at, the city council shall then be able to reassign the temporary relocations.

(Code 1956, 46-4.3(B))

Sec. 110-80. Permits valid in the central business district.

Permits are valid within that area of the city bounded by the Mississippi River on the east, Rampart Street on the west, Esplanade Avenue on the north and Canal Street on the south.

(Code 1956, 46-1.1)

Sec. 110-81. Permits not valid in certain areas during Annual Louisiana Jazz and Heritage Festival Season.

(a) Permits are not valid within the area bounded by Florida Avenue on the north, North Broad Avenue on the east, Esplanade Avenue on the south, and Bayou St. John on the west (excluding the portion of that area contained within the exterior boundaries of the New Orleans Fair Grounds Racetrack) during the Annual New Orleans Jazz and Heritage Festival Season.

(b) The "Annual New Orleans Jazz and Heritage Festival Season" is defined as that period occurring annually commencing at 7:00 a.m. on the first day of live music performances at the New Orleans Jazz and Heritage Festival conducted annually at the fair grounds racetrack by the New Orleans Jazz and Heritage Foundation, Inc., and continuing through and until midnight on the concluding day of live music performances at such location during such festival.

(Code 1956, 46-1.1.1)

Sec. 110-82. Application for permit.

The permittee who wishes to obtain a mayoralty permit for the sale of handmade artifacts on public streets, sidewalks or other public places must file an application with the department of finance. The application shall state the true, lawful and complete name and address of the permittee, the trade name, if applicable, the address or addresses of any locations used for the storage of carts, stands, equipment, supplies and/or inventory. The application shall also state the location at which the permittee desires to place his stand. Such application must be notarized. A separate application and permit shall be required for each outlet.

(Code 1956, 46-4.3(C)(1))

Sec. 110-83. Duration, renewals.

Permits shall be issued under this division on a calendar year basis. Applications for these permits cannot be made prior to December 1 of the year preceding that for which the permit will be valid. Permits shall be renewed annually. At the time of the renewal of these permits, the applicant who holds a permit for his specific location shall be given preference over any applicant seeking to obtain a permit for the location.

(Code 1956, 46-4.3(C)(1))

Sec. 110-84. Issuance.

Upon approval of the application for a permit under this division by the department of finance and payment of the permit fee, as provided in section 110-78, the applicant shall be issued a mayoralty permit in accordance with this division.

(Code 1956, 46-4.3(C)(2))

Sec. 110-85. Boutiques.

For the purpose of this section and of section 30-70(12), a boutique is the sale of homemade, handmade artifacts to be sold in a private home or private facility not more than two weekends per year. Such merchandise shall not include any perishable or edible items nor merchandise bought for resale. Weekend shall mean any Friday and Saturday or Saturday and Sunday during a year.

(Code 1956, 46-4.3.1)

Sec. 110-86. Notice of change of address.

Whenever the address of any permittee under this division, as submitted on the application is changed, the permittee shall notify the department of finance within ten days of such change.

(Code 1956, 46-4.3(C)(2)(a))

Sec. 110-87. Designation of location.

The traffic engineering division of the department of streets shall, after application by the permittee to sell under the provisions of this division, review the application as to the location proposed by the applicant and shall in accordance with the provision hereinafter specified, designate the selling location by placing a number marker at that location. The number on the marker shall be the same as the serial number on the permit. The selling location designated by the traffic engineer shall be placed as near to the middle of the block as possible but in no event shall the location be designated directly in front of the entrance to the store. There shall be no more than one such location per block.

(Code 1956, 46-4.3(C)(2)(b))

Sec. 110-88. Placement of stand at location.

Handmade artifact vendors are prohibited from placing their stands or displays on the sidewalks in the city except those sidewalks where the paved portion of the sidewalk is 12 or more feet wide. On such paved sidewalks which are 12 or more feet wide, stands or displays must be located as close to the curbside as possible for the convenient operation of their businesses, but no closer than 18 inches from the curbside and at least 30 feet behind a bus stop sign and at least five feet from the approach side of a crosswalk to an intersection.

(1) Handmade artifact vendors are prohibited from conducting business on any neutral ground or median strip of a divided street.

(2) If at any time the outlet is deemed by the department of police to be interfering with either pedestrian or vehicular traffic or creating a disturbance, the outlet shall be removed immediately by such vendor upon request by the department of police.

(Code 1956, 46-4.3(C)(2)(f))

Sec. 110-89. Maintenance of location.

Handmade artifact vendors shall keep the sidewalks, streets or other public places adjoining and adjacent to their locations of business clean and free from any refuse generated from the operation of their business.

(Code 1956, 46-4.3(C)(2)(g))

Sec. 110-90. Identification badge.

Vendors under this division shall be issued a badge with their photograph, name and address, the permittee's name and address, the mayoralty permit number and the signature of the person issuing such badge. The badge shall be conspicuously displayed on the vendor whenever business is being transacted. The mayoralty permit shall be affixed to the stand or displayed at all times. No more than two vendors, both wearing individual badges, shall be allowed at each stand.

(Code 1956, 46-4.3(C)(2)(c))

Sec. 110-91. Specifications for stand.

The stand or display shall be no larger than six feet by three feet and shall conform to the design provided by the downtown development district in every respect. All merchandise displayed will not be higher than one level at any point and none will be displayed beyond the confines of the table for any reason. A copy of these plans shall be kept on file in the office of the clerk of council. The cost of the stand or display as described herein shall be paid by the permittee.

(Code 1956, 46-4.3(C)(2)(d))

Sec. 110-92. Attendance of stand; removal, fees.

No stand or display shall be left unattended for more than 15 minutes. If a stand is left unattended for more than 15 minutes, it will be subject to removal by the employees of the department of streets or the police department to a public pound or public warehouse. If the permittee wishes to claim such stand or display, the permittee shall pay a towing fee of $50.00 and, in addition, there shall be an additional fee of $3.00 for storage of such stand or display for each additional 24 hours from the time the stand or display was removed.

(Code 1956, 46-4.3(C)(2)(e))

Sec. 110-93. Manner of solicitation.

At no time shall a handmade artifact vendor make an oral solicitation or harass the public to purchase his merchandise.

(Code 1956, 46-4.3(C)(2)(h))

Sec. 110-94. Records of business.

Every handmade artifact vendor shall keep sufficient records of sales, records and receipts of purchases and expenses, and shall make such available for inspection to any officer of the department of finance. Every vendor shall make such sales tax returns and other reports as are required by the provisions of this Code.

(Code 1956, 46-4.3(C)(2)(i))

Sec. 110-95. Penalties for violations.

Whoever violates the provisions of this division shall be fined as follows:

(1) For the first conviction of any subsection of this section, the vendor will be fined $100.00 and the permittee will be provided written notice of the vendor conviction by certified mail.

(2) For the second conviction of any subsection of this section the vendor will be fined $200.00 and the permittee's mayoralty permit will be suspended for a period of 90 days and the permittee will be provided written notice of the conviction by certified mail.

(3) For the third conviction of any subsection of this section, the vendor will be fined $300.00 and the loss of their vending permit for a period of 365 days from the date of conviction. Also, the permittee will have their mayoralty permit revoked and the loss of that location for future vending and will be provided written notice of the vendor conviction by certified mail.

(Code 1956, 46-4.3(C)(2)(j))

Sec. 110-96. Appeals.

If the permittee wishes to file an appeal to the revocation process, the permittee must file a written request within five days with the department of finance from the date appearing on the notice of revocation. The hearing shall be held before the director of the department of finance and/or his designated representative.

(Code 1956, 46-4.3(C)(2)(k))

Sec. 110-97. Regulation of vending stands within the downtown development district.

In addition to any city-wide regulations regarding the appearance, design, merchandise and location of vending stands, all vending stands located within the downtown development district, as defined in section 146-193, shall adhere to the following regulations.

(Ord. No. 20,766, 1, 6-20-02)

Sec. 110-98. Use of downtown development district enforcement agents.

The superintendent of police may authorize and empower one or more employees of the downtown development district to enforce the provisions of sections 110-97 through 110-101, as well as other municipal laws within the downtown development district.

(Ord. No. 20,766, 1, 6-20-02)

Sec. 110-99. Bond required.

Every owner, lessee or operator of any vending stand located within the downtown development district shall furnish a good and solvent surety bond, in solido, in favor of the downtown development district, satisfactory to the executive director of the downtown development district in the amount of $50.00 for each vending stand, to guarantee the faithful performance of all the obligations of the owner, lessee or operator, set forth in this part or promulgated by the downtown development district which bond shall be subject to forfeiture upon a finding of failure to adhere to the uniform standards promulgated by the downtown development district.

(Ord. No. 20,766, 1, 6-20-02)

Sec. 110-100. Uniformity and maintenance of appearance.

The owners, lessees, and operators of all vending stands located within the downtown development district shall adhere to a uniformity of appearance, design and construction, as well as location requirements, as established in the administrative regulations promulgated by the downtown development district, which shall at a minimum establish standards for uniformity of appearance, design and construction, and shall specify the location where such stands may be allowed.

(Ord. No. 20,766, 1, 6-20-02)

Sec. 110-101. Administrative hearing.

Violations of this chapter which apply to the downtown development district may be adjudicated by the administrative adjudication bureau of the environmental health department. Said hearing shall be conducted by a hearing officer of the administrative adjudication bureau of the environmental health department, and shall be subject to the provisions of chapter 6 of this Code.

(Ord. No. 20,766, 1, 6-20-02)

Editor's note: Ord. No. 20,766, 1, adopted June 20, 2002, enacted provisions intended for use herein as 110-98--110-102. To preserve the style of the Code, these provisions have been included herein as 110-97--110-101, at the discretion of the editor.

Secs. 110-102--110-120. Reserved.


DIVISION 3. ARTISTS*

*Cross references: Mayoralty permits required for various callings or occupations or occasions, 30-69; Jackson Square, 106-261 et seq.; Vieux Carre, ch. 166

Sec. 110-121. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fortune telling means any act or practice whereby a person, for any type of price, set fee, required donation, suggested donation, or optional donation, purports to foretell or influence future events through any technique including, but not limited to, astrology, palmistry, phrenology, lifereading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit photography, spirit voices, spirit materialization, etherealization, prophesy, augury, divination, magic, necromancy, numerology, mesmerism, physiognomy, physchometery, seership, character reading, handwriting, tarot cards, Ouija boards, I-Ching, tea leaves or other similar business or art.

Jackson Square artist set-up area means:

(1) The area extending 20 feet from the Jackson Square fence on St. Peter Street;

(2) The area extending 20 feet from the Jackson Square fence on Chartres Street;

(3) The area extending 20 feet from the Jackson Square fence on St. Ann Street; and

(4) The area extending five feet from the Jackson Square fence on Decatur Street.

Original means only those works produced and for sale by the artist which have been accomplished essentially by hand and precludes any mechanical or duplicative process in whole or part.

Permit A is defined as a permit granted to a person pursuant to this section and subsection 110-123(1) to allow the permittee to paint and sell works of art in that area defined as "the Jackson Square set-up area".

Permit B is defined as a permit granted to a person pursuant to this section and subsection 110-123(2) to allow the permittee to paint and sell works of art in that area defined as "the vicinity of Jackson Square".

Street entertainment means any of the following activities performed for any type of price, set fee, required donation, suggested donation, of optional donation: musical performances, dances, mime, juggling, sword swallowing, and magic shows.

Vicinity of Jackson Square means Pirates Alley and that area of Royal Street bounded by Pirates Alley and Pere Antoine Alley.

(Code 1956, 46-4.4(a); Ord. No. 21,095, 1, 5-1-03)

Cross references: Definitions generally, 1-2.

Sec. 110-122. Permits required.

(a) Every person who shall desire to use the public streets, sidewalks or public places or private places of business establishments for the conduct of any of the businesses or callings hereinafter set forth or to hold meetings or rallies or public entertainment in private or public halls or places shall first apply to and obtain from the department of finance a permit. Such permit shall in each instance state the occasion for which it is issued and the date upon which it will expire and shall be in addition to any other tax or license to which permittee may be liable. Except as otherwise provided annual permits expire on December 31. Such permits, however are not valid within the central business district area bounded by the River on the East, Claiborne Avenue on the West, Esplanade Avenue on the North and Howard Avenue on the South, except as provided in section 110-131.

(b) Only persons holding "A" permits may place easels, tables, chairs or similar furniture within the Jackson Square artist set-up area. Only persons holding "A" permits or ""B" permits may place easels, tables, chairs or similar furniture in the vicinity of Jackson Square.

(Code 1956, 46-1; Ord. No. 21,095, 2, 5-1-03)

Sec. 110-123. Fees.

Permits issued under this division shall be paid for by the applicant at the time of issuance according to the following schedule, to manually paint, sketch or draw on plain surfaces only in:

(1) The Jackson Square artist set-up area. Any permit issued under this subsection shall be designated on the face of the permit as an "A" permit. Per year . . . $20.00

(2) The vicinity of Jackson Square, defined as Pirates Alley, and that area of Royal Street bounded by Pirates Alley and Pere Antoine Alley. Any permit issued under this subsection shall be designated on the face of the permit as a "B" permit. Per year . . . 20.00

(3) Edison Park, or on the Perimeter of Edison Park on Bourbon Street. Any permit issued under this subsection shall be designated on the face of the permit as a "C" permit. Per year . . . 20.00

(Code 1956, 46-1(10)--(10B); Ord. No. 21,095, 3, 5-1-03)

Sec. 110-124. Exhibition of work.

(a) While a permittee under this division is working, he or she may also exhibit and sell his or her own original paintings, sketches, and drawings on the permitted site.

(b) A permittee under this division may not engage in street entertainment or fortune telling on the permitted site.

(Code 1956, 46-1(10)--(10B); Ord. No. 21,095, 4, 5-1-03)

Sec. 110-125. Display of permit, prices.

Permits granted under this division, and the total price for completed paintings, sketches, or drawings shall be displayed on the site on a removable temporary sign no larger than 8 1/2 inches by 11 inches.

(Code 1956, 46-1(10)--(10B))

Sec. 110-126. Revocation.

Failure to comply with the provisions of this division shall be cause to have the permit revoked for one calendar year by the director of the department of finance.

(Code 1956, 46-1(10)--(10B))

Sec. 110-127. Maximum number of permits issued.

The maximum number of permits which may be issued under this division shall be:

(1) "A" permits . . . 200

(2) "C" permits . . . 4

(Code 1956, 46-4.4(b), 46-4.5(a))

Sec. 110-128. Rules, regulations--"A," "B" permits.

(a) Any person who shall apply for an "A" or "B" permit under this division for the first time shall obtain an application from the department of finance and shall submit such application to the department of finance. The department of finance shall issue no new "A" or "B" permits until 30 days have elapsed from the date that the application has been filed with the department. At the end of the 30-day period the department shall notify the applicant in writing, at the address on the application, that such applicant is allowed 15 days to secure the permit from the date of the letter of notification. Failure of the applicant to appear in person at the department of finance to secure the permit within the 15-day period shall invalidate the application, and the applicant shall be required to submit a new application pursuant to the above process.

(b) "A" or "B" permits issued pursuant to section 110-123 shall be renewable during January of the following calendar year in which it was issued. The renewal application shall not require the 30-day waiting period as outlined in subsection (a) of this section, and shall be obtained immediately upon the application being approved by the department of finance and the required permit fee being paid. The applicant shall appear in person to apply and receive the renewed permit, except in those cases of disabling illness accompanied by medical proof. The proof shall be submitted to the director of the department of finance in an appeal for waiver of the personal appearance. The director of finance shall grant the permit at his discretion.

(c) Should any artist working under an "A" or "B" mayoralty permit fail to renew such permit within January of the following calendar year in which it was issued, the renewal of such permit shall be obtained pursuant to the process for obtaining a new permit as outlined in subsection (a) of this section.

(d) If at any time after January 31, 1979, the number of valid "A" permits issued pursuant to section 110-127 does not exceed 200, then the total number of "A" permits issued shall never exceed 200.

(Code 1956, 46-4.4(b)--(d))

Sec. 110-129. Same--Edison Park.

(a) A maximum of four permits shall be granted and valid at any one time pursuant to section 110-127.

(b) The Director of the Vieux Carre Commission shall designate those sites within and on the perimeter of Edison Park which are to be used by the artists and oversee the administration of same.

(c) Any applicant granted a "C" permit under this division shall be required by the department of finance to notify, in person, the director of the Vieux Carre Commission of such permit. At the time the applicant shall receive a written explanation of the policy regarding assignment or use of designated artist areas and stipulations relating to the revocation of such permit.

(d) In addition to general provisions for revocation of permits stated elsewhere in this division or chapter, any "C" permit may be revoked for either of the following reasons:

(1) Failure by an artist to work or exhibit and sell his work during at least ten months of the permit year.

(2) Failure by an artist to properly maintain and keep clean that area which may be used in connection with his work or exhibition and sale of work.

(e) For the purposes of this section the word "original" shall be defined as only those works produced and for sale by the artist which have been accomplished essentially by hand and precludes any mechanical or duplicative process in whole or part.

(Code 1956, 46-4.5)

Sec. 110-130. Same--French Market Promenades and Parks.

Artists holding valid "A," "B" or "C" permits issued under the provisions of this division may apply to the French Market Corporation to manually paint, sketch or draw on plain surfaces only within French Market Promenades and Parks. The director of the French Market Corporation shall designate those sites which are to be used by the artists. The director of the French Market shall also establish reasonable rules and regulations governing artists working within French Market Promenades and Parks and shall make them available to the public for inspection. Failure to comply with these French Market Corporation rules and regulations shall be sufficient cause to revoke permission for artists to work in the French Market Promenades and Parks for one calendar year.

(Code 1956, 46-4.6)

Sec. 110-131. Permits valid in the central business district.

Permits are valid within that area of the city bounded by the Mississippi River on the east, Rampart Street on the west, Esplanade Avenue on the north and Canal Street on the south.

(Code 1956, 46-1.1)

Sec. 110-132. Artist regulations.

(a) Spaces within the designated Jackson Square artist set-up area will be available only on a daily "first come, first served" basis. A particular space shall not become the exclusive space of any permittee in contravention of this rule. Spaces may not be held overnight.

(b) No person may be allowed to display, solicit or attempt to use the location occupied by another artist or directly in front thereof. An artist who simultaneously displays his work in two non-contiguous locations shall immediately remove his work from one such location.

(c) An artist who is working a location shall not display his work or place his equipment or himself in such a way as to block the sidewalk or interfere with pedestrian traffic or the artist next to him. He shall keep his sidewalk clean. When a member of the public is in front of an artist's location, no other artist will solicit or in any way try to attract attention to himself, his own work, or his own location.

(Ord. No. 21,095, 5, 5-1-03)

Secs. 110-133--110-150. Reserved.


Table of Contents New Orleans Code of Ordinances

CODE OF ORDINANCES City of NEW ORLEANS, LOUISIANA Codified through Ord. No. 21,323, adopted Nov. 6, 2003. (Supplement No. 27)

Chapter 30 BUSINESSES*

ARTICLE I. IN GENERAL

ARTICLE II. FRANCHISES*

ARTICLE III. MAYORALTY PERMITS GENERALLY*

ARTICLE IV. AUCTIONS

ARTICLE V. BAKERIES*

ARTICLE VI. ENDLESS CHAINS*

ARTICLE VII. ESCORT SERVICES

ARTICLE VIII. FOOD SERVICE ESTABLISHMENTS*

ARTICLE IX. HOTELS AND MOTELS*

ARTICLE X. LAUNDRIES*

ARTICLE XI. MARKETS*

ARTICLE XII. MASSAGE THERAPISTS AND MASSAGE ESTABLISHMENTS*

ARTICLE XIII. NURSING HOMES*

ARTICLE XIV. PRIVATE DETECTIVES AND PRIVATE DETECTIVE AGENCIES*

ARTICLE XV. PRIVATE IDENTIFICATION BUREAUS*

ARTICLE XVI. PUBLIC SWIMMING PLACES AND BATHHOUSES*

ARTICLE XVII. RESERVED*

ARTICLE XVIII. ROOMINGHOUSES, BOARDINGHOUSES AND LODGINGHOUSES*

ARTICLE XIX. SLAUGHTERHOUSES*

ARTICLE XX. STREET ENTERTAINER*

ARTICLE XXI. TOUR GUIDES AND TOUR PLANNERS*

ARTICLE XXII. TRASH HAULERS*

 

ARTICLE XX. STREET ENTERTAINER*

__________

*Cross references: Mayoralty permits required for various callings or occupations or occasions, 30-69; proof of eligibility for reader permit shall include possession of street entertainment permits, 30-1286; Jackson Square, 106-261 et seq.; Vieux Carre, ch. 166.

State law references: Regulation of street entertainers and imposition of privilege tax by city, authorized, R.S. 4:7.

Sec. 30-1451. 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:

Street entertainer means any natural person who:

(1) Alone or in a group, for the purpose of self-expression or entertainment, performs in public;

(2) Who performs without any set fee, required donation or suggested minimum or maximum donation;

(3) Whose performance does not require interaction between the entertainer and any other person; and

(4) Whose performance does not consist of the rendering of a service or the sale or exchange of tangible personal property to any particular individual, audience member or customer, in exchange for any of the aforementioned payments.

Street entertainer includes but is not limited to brass bands, guitarists, pianists, other musicians, tap dancers, jugglers, mimes, puppeteers, unicyclist, clowns, breakdancers, and comedians.

Street entertainment means any of the following activities performed on the streets or sidewalks of this city for commercial purposes or where donations from the public are solicited or encouraged:

(1) Musical performances;

(2) Dances;

(3) Mime;

(4) Juggling;

(5) Sword swallowing;

(6) Magic shows.

(Code 1956, 42-109.1(a), 46-17)

Cross references: Definitions generally, 1-2.

Sec. 30-1452. Mayoralty permits required for various callings or occasions; schedule of fees.

Every person who shall desire to use the public streets, sidewalks or public places or private places of business establishments for the conduct of any of the businesses or callings set forth in this article or to hold meetings or rallies or public entertainment in private or public halls or places shall first apply to and obtain from the department of finance a permit. Such permit shall in each instance state the occasion for which it is issued and the date upon which it will expire and shall be in addition to any other tax or license to which permittee may be liable. Except as otherwise provided, annual permits expire on December 31. Such permits, however are not valid within the central business district area bounded by the river on the east, Claiborne Avenue on the west, Esplanade Avenue on the north and Howard Avenue on the south, except as provided in section 30-1463.

(Code 1956, 46-1)

Cross references: Mayoralty permits generally, 30-66 et seq.

Sec. 30-1453. License required.

Any person wishing to engage in business as a street entertainer shall first obtain a license under this chapter.

(Code 1956, 46-1)

Sec. 30-1454. Exemptions.

The fee prescribed in this article shall not pertain to persons 17 years of age and under or persons 65 years of age and over.

(Code 1956, 46-1(42))

Sec. 30-1455. Fee.

The fee for a license under this article shall be $15.00 per year.

(Code 1956, 46-1(18))

Sec. 30-1456. Use of Bourbon Street restricted.

It shall be unlawful for any person to perform any street entertainment on the street or sidewalk of Bourbon Street from the uptown side of Canal Street to the downtown side of St. Ann Street between the hours of 8:00 p.m. and 6:00 a.m.

(Code 1956, 42-109.1(b))

Sec. 30-1457. Offense for misuse of permits.

(a) No person, individual, or corporation shall copy, reproduce, or counterfeit, or cause to be copied, reproduced or counterfeited, any permit issued pursuant to section 30-1452 by any form or process, or to otherwise represent something to be a valid permit when it is not.

(b) Whosoever violates the prohibition of this section shall be punished in accordance with the penalty provided for in section 1-13.

(Code 1956, 46-1.2)

Sec. 30-1458. Fees to go to general fund.

The collector of revenue shall transmit, day by day, as collected by him, to the bureau of the treasury all moneys and fees received for the issuance of the permits required by this chapter. The bureau of the treasury upon the receipt of such moneys and fees shall immediately deposit them in the general fund.

(Code 1956, 46-5)

Sec. 30-1459. Additional charges for police pension fund.

In addition to the charges shown in the fee schedule for each permit, each applicant shall be required to pay the sum of $0.25 for the account of the police pension fund, which additional sum shall be transmitted by the collector of revenue, day by day, as collected by him, to the chief of bureau of the treasury. At the end of each month the chief of bureau of the treasury shall remit all such sums so collected for account of the police pension fund to the board of trustees, police pension fund.

(Code 1956, 46-2)

Sec. 30-1460. Obscenity laws to be provided to certain applicants.

The department of finance shall provide a copy of R.S. 14:91.11 relative to sale, exhibition or distribution of material harmful to minors and R.S. 14:106 relative to obscenity to each applicant for a permit under this chapter to conduct live entertainment and to the owner of the premises upon which the live entertainment is proposed to be conducted.

(Code 1956, 46-2.1)

Sec. 30-1461. Mayoralty permits penalties and interest.

All mayoralty permits must be obtained prior to the occasion for which it is issued. Should applicant fail to secure the permit prior to the occasion, the following penalties and interest shall apply:

(1) Mayoralty permits acquired on a regular yearly basis shall become delinquent February 1 of that year. If the regular yearly permit is not obtained by February 1 of that year, there shall be interest added to the fee at the rate of eight percent per annum from the due date until paid. In addition to the interest that may be so added, a penalty shall be imposed at the rate of 20 percent of the fee if the failure to obtain said permit is for not more than 30 days and with an additional 20 percent for each additional 30 days or fraction thereof during which the failure continues, not to exceed 60 percent of the amount of the fee.

(2) Mayoralty permits acquired on other than a regular yearly basis shall become delinquent at the start of the occasion. If the permit has not been obtained prior to the occasion, there shall be interest added to the fee at the rate of eight percent per annum from due date until paid. In addition to the interest that may be so added, a penalty shall be imposed at the rate of 50 percent of the fee.

(3) The director of the department of finance may, at his discretion, for good cause, waive, in whole or in part, any of the penalties provided in this section.

(Code 1956, 46-15)

Sec. 30-1462. Permits nontransferable.

Permits issued under the authority of this chapter shall be nontransferable and nontransferable either as to individuals, location or item.

(Code 1956, 46-3)

Sec. 30-1463. Permits valid in the central business district.

The permits shall not be valid in that area of the city bounded by the Mississippi River on the east, Rampart Street on the west, Esplanade Avenue on the north and Canal Street on the south; provided, however, that vendors who have continuously operated the same business within that area under the authorization of this chapter for eight or more years prior to January 1, 1972 may obtain the same number of permits to operate such businesses within that area as the vendor possessed as of January 1, 1972.

(Code 1956, 46-1.1)

Sec. 30-1464. Penalty.

Persons who fail to obtain a permit or to comply with any of the other regulations contained in this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the punishment prescribed in section 1-13. A permittee so convicted shall forfeit such permit and not be entitled to a refund of the fees paid therefor.

(Code 1956, 46-16)

Secs. 30-1465--30-1485. Reserved.


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