The city council hereby finds and declares:
A. Salt Lake City ordinances prohibit the conduct of any business or the sale of any goods or merchandise from any stand or structure upon certain streets or sidewalks of the city; however, the city has by ordinance provided for certain exceptions to the foregoing prohibition, including exceptions for sidewalk vending carts, sidewalk sales by abutting businesses, and news racks;
B. It is in the public interest to enliven and increase the presence of the arts and create a festive atmosphere in certain downtown and other commercial areas, and in larger city parks, by encouraging artists to express themselves on certain city sidewalks and in certain larger city parks;
C. It is in the public interest to encourage artists to display or perform their artwork on certain city sidewalks and in larger city parks, to provide opportunities for these artists to fully express themselves, and to provide greater opportunities for the public to experience such artwork;
D. It is in the public interest to encourage and promote the community of artists who desire to display or perform their artwork on certain city sidewalks and in larger city parks;
E. It is in the public interest that the first amendment rights of artists be advanced by allowing them to display or perform their artwork on certain city sidewalks and in larger city parks, subject to reasonable time, place, and manner regulations governing such displays or performances;
F. The city has an obligation to the general public to provide reasonable access to and use of city open space and to provide reasonably unobstructed passage over the public ways in a clean, safe, and orderly manner;
G. The primary purpose of public sidewalks is for the passage of pedestrians from one point to another;
H. The city has established various zoning districts within the city in recognition of the differing character, nature and use of specific areas of the city, and it is in the public interest, both for citizens and artists, to concentrate artists in those districts where their activities would be most compatible with the primary character, nature and use of the district; it is in the public interest to concentrate artists primarily in the downtown, gateway and Sugar House commercial districts because these districts are specifically designed to accommodate larger crowds and allow for the safer display or performance of artwork; it is in the public interest to exclude artists from those areas that are primarily residential or industrial, contain only small scale or neighborhood commerce (e.g., section 21A.26.020, "CN Neighborhood Commercial District" and 21A.26.030, "CB Community Business District", of this code), are intended to serve primarily the automobile driving consumer (e.g., sections 21A.26.040, "CS Community Shopping District" and 21A.26.050, "CC Corridor Commercial District", of this code), or are otherwise unsuited for the display or performance of artwork as the presence of artists on the public sidewalks and parking strips in these areas is likely to: 1) result in greater pedestrian and/or traffic congestion; 2) threaten the public health, safety, and welfare of the citizenry; 3) create visual blight or impact the aesthetic value of the communities; 4) impact access to and egress from businesses and residential areas; 5) block sight easements to businesses and residential areas; 6) prevent the free flow of vehicular and pedestrian traffic; 7) impede the response time of safety personnel; 8) intrude upon the look, feel and quiet enjoyment of a neighborhood; 9) hinder or interfere with the business of local merchants who provide an important tax base for the city; or 10) force citizens to be exposed to unwanted, unwelcome and unsolicited messages or noise with no avenue of escape;
I. The city has a history of issuing permits for special events and free expression activities in the city's parks, including some parks that are nine (9) acres or less in size, and it is in the public interest to continue to allow special events and free expression activities in those parks as provided by title 3, chapter 3.50 of this code; it is also in the public interest, however, to otherwise exclude artists not obtaining such permits from those city owned parks that are nine (9) acres or less in size, as those city parks are located primarily in residential areas (or areas intended by the city zoning ordinances to become residential areas), and are intended to serve and do serve primarily as family and recreational activity centers where citizens can enjoy the peace, quiet, and tranquility of the city's open space; the presence of artists in these smaller city parks on an ongoing and unregulated basis and without a permit to hold a special event or free expression activity is inconsistent with these purposes; the city's larger parks are more amenable to the display or performance of artwork without a permit to hold a special event or free expression activity; limiting artists to the larger parks or to the boundaries of short term, permitted special event or free expression activity under title 3, chapter 3.50 of this code will better accommodate the competing interests of artists and those wishing to enjoy the peace, quiet and tranquility of the city's parks;
J. It is in the public interest to promote special events and free expression activities, to ensure that those participating or visiting such special events and free expression activities are allowed to do so peacefully and without undue interference, to ensure that those desiring to participate or visit such special events and free expression activities enjoy free and unimpeded ingress and egress to and from such special events and free expression activities, and that the speech or expressive activity of third parties not actually involved with the special event or free expression activity is not unduly confused with the speech or expressive activity of those organizing, participating or visiting the special event or free expression activity;
K. Special events require efficient ingress and egress of event patrons, and patrons should be protected from having to enter into roadways or streets as they line up to enter a special event if passage to a special event is blocked;
L. While it is in the public interest to protect the first amendment rights of artists to display or perform their artwork for sale or compensation, it is also in the public interest to require those artists wishing to display or perform their artwork for sale or compensation to register with the city and pay a nominal fee as such registration will allow the city to better monitor this commercial activity, enforce generally applicable commercial and business ordinances that may apply to such commercial activity, and protect the consuming public; these public interests do not apply to artists who display or perform their artwork for free; and
M. The above strong significant governmental interests compete with public and private interests in freedom of expression, the personal and commercial interests of entertainers and artists, the personal and commercial interests of the city's merchants, and the interest of the general public to use and enjoy city property; the city therefore desires, through the following reasonable time, place, and manner regulations, to balance those competing interests and protect the health, safety, and welfare of the citizens and visitors to the city, preserve the quality of life of city residents and business owners alike, preserve the property values and character of neighborhoods surrounding city owned property, support the local merchant economies, and provide artists with opportunities to exercise their constitutional rights to display and perform their artwork on certain city sidewalks or in larger city parks. (Ord. 25-04 § 1, 2004)