4-244-164 Duties – Prohibited Acts – Other requirements.

   (a)   A performance may take place in any public place, but only between the hours of 10:00 a.m. and 8:00 p.m. on Sundays through Thursdays and 10:00 a.m. and 10:00 p.m. on Fridays and Saturdays.

   (b)   A performer may not block the passage of the public through a public place. If a sufficient crowd gathers to see or hear a performer such that the passage of the public through a public place is blocked, a police officer may disperse that portion of the crowd that is blocking the passage of the public, or may order the performer to cease performing at that location until the conditions causing the congestion have abated.

   (c)   A performer may not perform on the public way so as to obstruct access to private property, except with the prior consent of the owner or manager of the property.

   (d)   (1)   A performer shall comply in all respects with the relevant portions of the noise and vibration control provisions of the Chicago Noise Ordinance, Chapter 8-32 of the Municipal Code, and all other applicable Code provisions, which prohibit a street performer from generating any sound by any means so that the sound is louder than an average conversational level at a distance of 100 feet or more, measured either horizontally or vertically from the point of generation. Failure to comply with these noise control limitations shall constitute a violation of this subsection (d)(1) and shall subject the violator to the penalties set forth in subsection (e) of this section and to the fine set forth in Section 4-244-170(b).

   Any performer whose performance in the area bounded by Lake Michigan on the east, Oak Street on the north, Ida B. Wells Drive on the south and LaSalle Street and Wacker Drive on the west (including both sides of the named boundary streets), has exceeded the noise limitations set forth in Section 8-32-070, and restated in this subsection (d)(1), and who is given notice thereof and requested to move by a police officer, shall move the location of his or her performance at least two city blocks from the location where the noise violation occurred. Failure to obey such a request to move is a violation of this section.

      (2)   It shall be a separate violation of this subsection (d) for a street performer to generate any sound by any means so that the sound is louder than an average conversational level at a distance of 200 feet or more, measured either horizontally or vertically from the point of generation. Failure to comply with these noise control limitations shall subject the violator to the penalties set forth in subsection (e) of this section.

   (e)   Anyone found guilty of two violations of subsection (d)(1) of this section within one calendar year, and anyone found guilty of one violation of subsection (d)(2) of this section, shall have his or her street performer’s permit revoked by the department for a period of one calendar year. Permit revocations shall be conducted in accordance with procedures established by the department. In addition to permit revocation and the fine provided for in Section 4-244-170(b), a person violating subsection (d) of this section may also be required to perform up to 24 hours of community service.

   (f)   All street performers are prohibited from performing in the highly congested area on both sides of Michigan Avenue, bounded by East Delaware Place on the north and East Superior Street on the south.

   (g)   No performer shall, while performing on the public way (1) along that portion of Jackson Boulevard that lies between Columbus Drive and Lake Shore Drive at any time during which a concert is being performed in the Petrillo Music Shell, or (2) along that portion of Randolph Street that lies between Columbus Drive and Michigan Avenue, and along that portion of Columbus Drive that lies between Michigan Avenue and Monroe Street, at any time during which a concert is being performed in the Jay Pritzker Pavilion, emit noise that is audible to a person with normal hearing more than 20 feet away.

   (h)   No performance by a performer shall be allowed at any time in Millennium Park, or on any sidewalk that abuts Millennium Park.

(Added Coun. J. 5-9-12, p. 27485, § 125; Amend Coun. J. 11-8-12, p. 38872, § 126; Amend Coun. J. 11-1-16, p. 35386, § 1; Amend Coun. J. 11-7-18, p. 88803, § 13; Amend Coun. J. 11-20-19, p. 9510, Art. I, § 3)

4-244-165 Acceptance of contributions.

   A performer who performs and accepts contributions under the provisions of this chapter shall not be committing disorderly conduct under Section 8-4-010 of the Municipal Code of Chicago by virtue of those acts.

(Added Coun. J. 5-9-12, p. 27485, § 125)

ARTICLE IV. ENFORCEMENT (4-244-170 et seq.)

4-244-170 Violation – Penalty.

   (a)   Except as otherwise provided in this chapter, and in addition to any other penalty provided by law, any peddler who shall be found liable or guilty of any fraud or misrepresentation, or who shall violate any of the provisions set forth in Article II of this chapter, shall be fined not less than $50.00 nor more than $200.00 for each offense.

   (b)   Except as otherwise provided in this chapter, and in addition to any other penalty provided by law, any person who violates any of the provisions of Article III of this chapter, including, but not limited to, the noise control limitations set forth in subsection (d) of Section 4-244-164, or who knowingly furnishes false information on the permit application required under Section 4-244-161, shall be subject to a fine of $300.00 for the first offense and $500 thereafter for any subsequent violations. Except as otherwise specifically provided in Article III of this chapter, any person found guilty of three or more violations of any of the provisions of Article III of this chapter within one calendar year shall have his or her street performer's permit revoked by the department for a period of one calendar year. Permit revocations shall be conducted in accordance with procedures established by the department.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 5-9-12, p. 27485, § 126; Amend Coun. J. 11-8-12, p. 38872, § 127)

4-244-175 Special events.

   The Commissioner, by and through the Commissioner of the Department of Cultural Affairs and Special Events, shall have the authority to promulgate reasonable rules governing the time, place manner and duration of all performances permitted under this chapter which occur during the course of a special event, including during its set up and clean up.

   Such regulations shall include establishing specified areas within, or reasonably near the perimeter of, the grounds of a special event to which performers shall be limited, and such other restrictions as are reasonably necessary to ensure attendees' enjoyment of planned events, protection of unique public art and landscapes, and public safety and welfare. Copies of such regulations shall be published and made available both in advance of and at the location of the special event.

(Added Coun. J. 5-9-12, p. 27485, § 127; Amend Coun. J. 11-8-12, p. 38872, § 128; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 14)