Chapter 11.85
BUSKING

Sections:

11.85.010    Purpose.

11.85.020    Police power.

11.85.030    Definitions.

11.85.040    Permit.

11.85.050    Busking in parks.

11.85.060    Busking on sidewalks and rights-of-way.

11.85.070    Prohibition and restrictions.

11.85.010 Purpose.

This chapter establishes procedures for busking in the city of Kirkland. (Ord. 4804 § 1, 2022)

11.85.020 Police power.

This chapter is hereby declared to be an exercise of the police power of the city for the public peace, health, safety, and welfare and its provisions are to be liberally construed. (Ord. 4804 § 1, 2022)

11.85.030 Definitions.

The terms herein used, unless clearly contrary to or inconsistent with the context in which used, shall be construed as follows:

(a)    “Busk” is the act of performing in a public area for voluntary donations, including, but not limited to, the following activities: acting, singing, playing musical instruments whether amplified or not, pantomime, juggling, magic, dancing, and reciting. This does not include the production of items for sale.

(b)    “Busker” means a person who has obtained a permit pursuant to this chapter.

(c)    “Park” means and includes all city parks and all areas within the boundaries of a city park, including structures, regardless of whether the area is under the management and control of the parks and community services department.

(d)    “Perform” is used interchangeably with “busk” which includes, but is not limited to, the following activities: acting, singing, playing musical instruments whether amplified or not, pantomime, juggling, magic, dancing, and reciting. This does not include the production of items for sale.

(e)    “Public areas” includes sidewalks, parks, and all other public rights-of-way located in the city of Kirkland, as appropriate. (Ord. 4804 § 1, 2022)

11.85.040 Permit.

(a)    A busker shall obtain and display a permit at all times while performing in a public area.

(b)    A busking permit may be suspended or revoked if the busker violates any provision of this chapter or any permit regulation.

(c)    Permit shall be nontransferable and shall remain the property of the city.

(d)    Each member of a group of performers shall be required to obtain a busking permit. (Ord. 4804 § 1, 2022)

11.85.050 Busking in parks.

The director of the parks and community services department is authorized and directed to adopt and promulgate rules, as deemed necessary, for the permitting of busking in parks as defined in this chapter. (Ord. 4804 § 1, 2022)

11.85.060 Busking on sidewalks and rights-of-way.

The director of the public works department is authorized and directed to adopt and promulgate rules as deemed necessary for the permitting of busking on sidewalks and rights-of-way as defined in this chapter. (Ord. 4804 § 1, 2022)

11.85.070 Prohibition and restrictions.

(a)    It is unlawful for any person to busk in any public area without first obtaining a permit.

(b)    Unless otherwise specified, any other violation of this chapter is a civil infraction, punishable by a fine of one hundred fifty dollars per violation; provided, however, that the following escalating penalties shall apply to violations of this section:

(1)    A penalty of two hundred fifty dollars for a second violation within the same calendar year as an initial violation; and

(2)    A penalty of five hundred dollars for a third or subsequent violation within the same calendar year as an initial violation.

(c)    A busker shall not block the passage of the public through a public area. If a sufficient crowd gathers to see or hear a busker such that the passage of the public through a public area is blocked a police officer may disperse that portion of the crowd that is blocking the passage of the public. A busker shall not be asked to leave the location unless all other means of restoring the public safety or order have been exhausted.

(d)    A busker shall not perform in a public area so as to obstruct access to private property, except with the prior consent of the owner or manager of the property.

(e)    No busker shall use profane, obscene, or lewd language or imagery while performing.

(f)    No busker may generate noise that can be heard fifty feet or more from the source as defined in Sections 11.80.090 and 11.84A.070.

(g)    A busker may use amplification as long as the noise limit is not exceeded. (Ord. 4804 § 1, 2022)