[Ord. No. 24-022, 2-13-2024]
Wherever in this Chapter any of the following terms are used,
the definitions or descriptions set forth after each defined term
shall apply:
An occasion or series of events that involves an accumulation of large numbers of people and may also include related exhibitions, performances, tours, promotions, and celebrations at times and areas specified in Section 680.020.
A person that is engaging in activities, including, but not
limited to, the following: acting, singing, playing musical instruments,
pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art
(working with non-permanent, water-soluble media, (i.e., chalk, pastels,
or watercolors directly on the pavement), and reciting. "Performer"
shall not include a person engaging in the production of items for
sale or services such as face painting or caricatures for which specific
payment is requested.
Any natural person, corporation, partnership, voluntary association,
trust, or other legal entity.
A person who is primarily responsible for the promotion,
planning, coordination, or execution of a festival or special event.
Any scheduled public organized activity not occurring on
a weekly or monthly basis that requires or involves the use of public
property, facilities, or personnel to an extent significantly greater
than the use to which such property, facilities, or personnel are
regularly subjected.
See "PROMOTER."
Any person who, for himself/herself or for any person or
entity, sells or offers to sell or delivers or gives away, with or
without the expectation of a donation in return, any goods or services
or information, which terms shall include merchandise, personal services,
property services, investment opportunities, or any mode of entertainment
or amusement, or who solicits for or takes orders for the later delivery
of any such goods or services, at any location other than the permanent
place of business for such purpose for which there is in effect a
valid and current general business license issued by the City of St.
Charles; or who seeks to obtain prospective customers for application
or purchase of any type or seeks to obtain subscriptions to any type
of publication or seeks to obtain gifts or contributions of money,
clothing, or any other valuable thing for the benefit of himself/herself
or any other organization or seeks to obtain information from members
of the public at large; to conduct business within the City of St.
Charles pursuant to this Code. A vendor shall include a person engaging
in the production of items for sale or services such as face painting
or caricatures for which specific payment is requested.
[Ord. No. 24-022, 2-13-2024]
A.
The
following are "festival areas" at which the regulations of this Chapter
shall apply:
1.
The Once Upon a ValentineTM Stories for
the Loved & Loveless area shall be defined as Main Street from
Boone's Lick to Jefferson and occurs annually on the Saturday and
Sunday prior to or including February 14.
2.
The History in Harmony area shall be defined as Main Street from
Boone's Lick to Jefferson and occurs annually on the last two Sundays
of April, May, and June.
3.
The Festival of the Little Hills area shall be the area bounded by
the northern curbline of Clark Street on the north, the western curbline
of Fifth Street on the west, the southern curbline of Ameristar Boulevard
on the south and the Missouri River, and occurs annually on the third
weekend of August, beginning on the Friday.
4.
The Riverfest area shall be defined as Frontier Park, and occurs
annually on or around July 4.
5.
The Mosaics Fine Art Festival area shall be defined as Main Street
from First Capitol to Clark, and occurs annually on the second weekend
in September, beginning on the Friday.
6.
The Oktoberfest area shall be defined as Frontier Park, and occurs
annually on the last weekend in September, beginning on the Friday.
7.
The Legends & Lanterns® area shall be defined as Main Street
from Boone's Lick to Jefferson and the Katy Depot in Frontier Park,
and occurs annually on Saturdays and Sundays beginning the second
weekend in October through to the last weekend in October, and also
includes the Friday evening of the last weekend in October.
8.
The Saint Charles Christmas Traditions® area shall be defined
as Main Street from Boone's Lick to Jefferson and Frontier Park, and
occurs annually on Wednesdays, Fridays, Saturdays and Sundays beginning
on the day after the Thanksgiving Day holiday and ending on December
24.
B.
The
Director of Special Events and Communications is authorized to designate
"special event areas" for each special event.
[Ord. No. 24-022, 2-13-2024]
A.
During
any festival or special event, no person shall sell any goods, products
or food nor offer any services within the festival area or designated
special event area, respectively, except as shall be specifically
approved by the sponsor. Any person located within the area normally
conducting a business therein may continue to conduct that business
without sponsor approval; provided, that such business has the same
products sold year-round and is conducted upon the premises, either
within the building or on a private outside area of that business.
Any sales or vending of goods or services not normally upon such premises
shall not be permitted unless approved by the sponsor. No person shall
conduct such vendor activities at any place other than the location
designated in the authorization.
B.
Any
festival or special event underwritten by City funds or conducted
on City property shall not discriminate against any protected class
under Federal, State, or local law, or any political party with respect
to participation in the festival or special event. Participation shall
include vendors and operation of booths and concessions. Each of the
State-recognized political parties shall have equal rights, accessibility,
and opportunity to participate in or sell products or services at
festivals or at special events.
C.
No
person shall engage in any performance in any festival area or designated
special event area during a festival or special event without authorization
from the sponsor. During these occasions, these areas are not open
public performance spaces.
[Ord. No. 24-022, 2-13-2024]
A.
Other
than in festival areas or a designated special event area, the following
regulations of performances on public property apply:
1.
Performances may take place 11:00 A.M. to 8:00 P.M. daily, subject to the restrictions set forth below and in Section 230.030 as applicable.
2.
Performers may not plug any electrical cord to a City pole or building,
and may not attach any rope, wire, poster or any other item to a City
pole, bollard or building. Further, any prop necessary for a performance
must be portable and easily moved at a moment's notice. A prop may
not be left unattended on public property for any amount of time.
3.
A performer may request contributions or money or property at a performance;
provided, that no sign requesting contributions shall exceed twelve
(12) inches by twelve (12) inches in size and no set fee shall be
required. Contributions may be received in any receptacle, such as
an open musical instrument case, box or hat. On sidewalks, displays
must not obstruct handicap ramps, doorways, or windows (i.e., performers
shall not tape or post signs or posters on windows or lean displays
against windows so as to obstruct a clear view through the window).
Performers may not sell items.
4.
Performers under the age of sixteen (16) shall be supervised by an
adult.
5.
A performer may not create an undue interference with the passage
of the public through a public area. If a performer attracts a crowd
sufficient to obstruct the public way, a Police Officer may disperse
the portion of the crowd that is creating the obstruction. The Police
Officer shall not cause the performer to leave the location unless
efforts to move the crowd fail to adequately protect the public safety
or order. A Police Officer shall not ask the performer to leave the
location unless all other means of restoring the public safety or
order have been exhausted.
6.
No performer, or group of performers performing as one (1), shall
perform less than twenty-five (25) feet from another performer or
performing group, with the exception of costume characters, balloon
twisters or any other performer not generating excessive noise or
spectators. A greater distance may be required if the performance
demands a large area.
[Ord. No. 24-022, 2-13-2024]
A.
The
Mayor or Mayor's designee may authorize the temporary closing of streets,
prohibited parking, or changes to traffic direction, and the installation
of suitable temporary signs to communicate such restrictions. Temporary
stop signs may be placed at any designated crosswalks within the festival
area or special event area. Any person violating the provisions of
this Section when the sign has been installed shall be guilty of an
ordinance violation.
B.
In addition to the requirements of Section 350.220, no person who is a vendor for a festival or special event shall park a recreational vehicle, a trailer, or van on any public street or public parking lot located within a festival area or special event area. Each three-hour period during which a parking violation occurs or continues to occur shall constitute a separate offense. Notwithstanding any other ordinance to the contrary, the minimum fine for a violation of this Subsection shall be two hundred dollars ($200.00); otherwise, the penalty provisions of Section 350.430 shall apply. The Police Department is directed to place a notice on each vehicle in violation of this Subsection that the vehicle will be towed at the owner's expense after six (6) hours of unlawful parking. The Police Department is authorized to tow any vehicle in violation of this Subsection after the vehicle has parked for six (6) or more consecutive hours in violation of this Subsection.
C.
During
a festival or special event, no sign shall be required to be posted
to prohibit the parking of a recreational vehicle, a trailer, or a
van that is owned or operated by a vendor in the festival area or
special event area.
[Ord. No. 24-022, 2-13-2024]
Any person who violates any provision of this Chapter for which no other penalty is set forth shall be subject to the penalty set forth in Section 100.150 of this Code of Ordinances.
