BOARDWALK PERFORMING & VENDING

Permits are not required to perform on the Boardwalk.

Exchange visitors (J1 students) must seek sponsor approval before undertaking activity on the boardwalk. Identifying information of J1 students found in violation Section 62 will be forwarded to respective sponsors and the U.S. Department of State.

The Boardwalk is a manmade promenade that runs parallel to the beach and is designated or referred to as “Atlantic Avenue” or the “Boardwalk.” The Boardwalk runs from South Second Street to 27th Street. Street ends are the areas or portions of the Boardwalk located at the Boardwalk’s intersection with an east-west street and are ideal locations for performing and vending. No person shall engage in performing or vending on the street ends located at N. Division Street and Dorchester Street. From May 1 – October 15, no person shall engage in performing and vending on 3rd Street.

Expressive material means newspapers, periodicals, books, pamphlets or other similar written material. Expressive materials also means cassette tapes, compact discs, digital video disks, paintings on paper or fabric, photographs, sculpture and prints, but only if they have been created or composed by a performer or vendor. Expressive material shall not include the touching of other persons such as hair-braiding, hair-feathering, nail painting or any other touching, or the application of substances to other persons, including, but not limited to, paints, dyes and inks, nor shall it include housewares, appliances, articles of clothing, sunglasses, auto parts, oils, incense, perfume, lotions, candles, jewelry, toys, or stuffed animals.

Expressive Material defined by U.S. District Judge Ellen Hollander:

“Expressive material is defined as any item or items that (1) have been created, written, or composed by the person who sells, rents, or changes them for a donation; (2) are inherently communicative; and (3) have only nominal utility apart from their communicative value.

  1. a) By way of example, and not limitation, the following items ordinarily are inherently communicative and have only nominal utility apart from their communicative value: books, pamphlets, cassette tapes, compact discs, digital video discs, paintings, photographs, and sculpture.
  2. b) By way of example, and not limitation, the following items ordinarily either are not inherently communicative and/or have more than nominal utility apart from their communicative value: housewares, appliances, articles of clothing, sunglasses, auto parts, oils, incense, perfume, lotions, candles, jewelry, toys and stuff animals.”

Perform, performing, performance or performances means to engage in playing a musical instrument, singing, dancing, acting, pantomiming, puppeteering, juggling, engaging in magic, presenting or enacting a play, work of art, physical or mental feat or creating visual art. The terms shall not include the application of substances to other persons, including, but not limited to, paints, dyes and inks, nor shall the terms include the provision of personal services that involve the touching of another, such as nail painting or hair weaving, braiding, cutting, or styling.

A performer is a person who performs. Indicia of a performer are seeking or accepting voluntary contributions through any means, including passing around a hat or leaving open an instrument case or other receptacle, soliciting, or accepting, directly or indirectly, donations after a performance, attempting to draw attention, convene an audience or engage onlookers as spectators or participants in a performance. Individuals who dress in a costume, pose for photographs and solicit or accept gratuities will be deemed performers and are subject to the rules and regulations pertaining to performers.

Vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, barter or receive compensation for expressive materials other than from a traditional brick and mortar establishment or property, even if characterized as a donation. Only expressive materials may be vended on the Boardwalk.

The peddling or vending of non-expressive materials on the Boardwalk is prohibited. Vending of expressive material such as newspapers, periodicals, books, pamphlets or other similar written material; and of cassette tapes, compact discs, digital video disks, paintings on paper or fabric, photographs, sculpture and prints that have been created or composed by a performer or vendor is permitted

Only performers may perform on the Boardwalk.

The provision of services not constituting a performance offered in exchange for consideration, including, but not limited to, seeking or accepting voluntary contributions, and soliciting or receiving, either directly or indirectly, donations or gratuities, is prohibited.

Only a performer as defined above (i.e., a person that engages in the playing of a musical instrument, singing, dancing, acting, pantomiming, puppeteering, juggling, engaging in magic, presenting or enacting a play, work of art, physical or mental feat or creating visual art) is permitted to perform as described in the Town Code.

Rules and regulations governing performers and vendors.

All persons seeking to perform or vend shall comply with, the following restrictions:

(a)       No performer or vendor shall place or allow any item exceeding six feet above ground, or allow any street end to be enclosed, or affix props or equipment to the Boardwalk surface. Performers and vendors can utilize an umbrella for sun shade however it must be removed at sundown.

(b)       No performer or vendor occupying a location shall leave items unattended for a period longer than 15 consecutive minutes.

(c)        No performer or vendor shall set up any display on or within ten (10) feet of an adjacent property entrance or exit.

(d)       No performer or vendor shall obstruct or block pedestrian or vehicular traffic, movement of emergency personnel, entrance ramps or stairways to the beach, entrance ramps or stairways to the Boardwalk, entrances to comfort stations, the concrete pads on the east side of the Boardwalk, public telephones, or trash receptacles, nor shall a performer or vendor set up a display on the Boardwalk tram lane or inhibit the movement of the Boardwalk tram.

(e)       Performers and vendors shall not engage in any performances or vending on the Boardwalk after 1:00 a.m. and before 9:00 a.m. each day.

(f)       At all times, all persons on the Boardwalk, including performers and vendors, must comply with Chapter 30, Article V, Noise Ordinance.

(g)      All performers or vendors must keep clean and free of litter and debris the area in which they perform. No permanent markings shall be made in any area by a performer or vendor.

(g)        No performer or vendor shall be permitted to use generators in any place on the Boardwalk where performing or vending is authorized, but they shall not be permitted to fuel or refuel generators or other power sources that pose a fire or public safety hazard on the Boardwalk or store, or otherwise possess fuel on the Boardwalk not contained in a generator.

(h)     No performer or vendor shall connect to any municipal electric outlet or private electric outlet without the permission of the owner, for use in any display or performance.

(i)      No performer or vendor shall use nudity, pornographic materials, or obscenity in any display or performance.

(j)      No performer or vendor shall use animals while performing or vending on the Boardwalk, other than for legitimate purposes pursuant to the Americans with Disabilities Act.

(k)     No performer or vendor shall use fire or similarly hazardous materials while performing or vending on the Boardwalk. Similarly, hazardous materials shall include, but are not limited to, knives, swords, or other sharply bladed instruments.

Use of Town property for performing or vending prohibited.

No performer or vendor shall use or obstruct access to any Town-owned or maintained property, equipment, or utilities including, but not limited to, street furniture, sea wall, benches, planters, trash receptacles, or other structures or equipment installed on public property for purposes of performing or vending or for displaying anything whatsoever.

Violations.

Any person found to be in violation of a provision of this chapter may be subject to the following:

A municipal infraction punishable by a fine of no less than $100.00 and no more than $1,000.00, and subject to all other provisions of Section 1-8 of this Code.

Nothing in this section shall be construed as prohibiting the Town from enforcing any and all other provisions of this Code or other applicable laws.

 

For additional information, contact the City Clerk at 410-289-8842.