Ordinance 2812-26-0908

Whereas, the Borough of Somerville seeks to foster a vibrant, diverse, and inviting downtown environment that provides a safe, comfortable, and respectful atmosphere for performers, residents, business owners, and visitors; and

Whereas, street performance, commonly known as “busking,” including music, dance, theatre, comedy, magic, and similar forms of entertainment offered in public spaces, contributes to the cultural life, pedestrian activity, and economic vitality of the Borough’s downtown, including the Special Improvement District managed by the Downtown Somerville Alliance, Inc.; and

Whereas, the Mayor and Borough Council find that adoption of this Ordinance is in the best interests of the health, safety, and welfare of the residents, businesses, and visitors of the Borough;

Now, Therefore, Be It Ordained by the Mayor and Borough Council of the Borough of Somerville, County of Somerset, State of New Jersey, as follows:

Section 1. A new Chapter 60 of the Code of the Borough of Somerville, entitled “Street Performers,” is hereby adopted to read in its entirety as follows:

Chapter 60 — Street Performers

§ 60-1. Purpose.

The purpose of this chapter is to permit and encourage street performance in the public places of the Borough while ensuring the free and safe movement of pedestrians and vehicles, protecting the peace and quiet enjoyment of residents and businesses, and establishing reasonable, content-neutral place and manner regulations. Street performance (“busking”) is intended to be a spontaneous activity, and performers shall at all times comply with all other applicable laws, ordinances, and regulations. Street performance is prohibited on any street on which a Programming Event is being held, as provided herein. Nothing in this chapter shall be construed to regulate the content of any performance. No permit, license, or fee shall be required to perform in accordance with this chapter.

§ 60-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Perform — Includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reciting,