Sec 22-6 &10

Wording in light blue should be excised and wording in purple we have added

Sec. 22-6. Prohibition of sale of merchandise and services on public property within historic preservation districts HP-2 and HP-3.

(a) It is unlawful for any person to sell or offer for sale, compensation or donation, or rent or offer for rent, goods, wares, merchandise, food stuffs, refreshments, or other kinds of property or services upon the streets, alleys, sidewalks, parks and other public places within historic preservation zoning districts HP-2 and HP-b3, except as otherwise set forth in this section.

(b) The provisions of this section shall not apply to the sale or offer for sale of newspapers, of general circulation. For the purposes of this section, "newspapers of general circulation" means a publication published at regular intervals, primarily for the dissemination of news, intelligence and opinions on recent events or newsworthy items of a general character, and reaching all classes of the public.books, periodicals, pamphlets, items bearing political messages, CD's, DVD's and videos. paintings , photographs, prints and sculpture.

(c) The provisions of this section shall not apply to persons selling or offering to sell goods, wares, merchandise, foodstuffs, refreshments and other kinds of property or services within the Plaza de la Constitucion and the San Marco Special Events Field pursuant to a permit issued by the city manager of the city upon written application and payment of a fee as established by the city manager.

(d) The provisions of subsection (a) of this section shall not be construed as prohibiting the sale or offer for sale of merchandise and foodstuffs on the public sidewalks of an approved parade route or during city-sponsored or permitted special events, including, but not limited to, the Blessing of the Fleet, Fourth of July celebrations and New Year's celebrations. During such celebrations, persons wishing to sell merchandise or foodstuffs during a period no greater than four (4) hours before a scheduled eventand two (2) hours after a scheduled event may apply for a permit to the city manager upon written application and payment of a fee as established by the city manager.

Sec. 22-10. Regulation of street performers.
(a) Intent. The City Commission of the City of St. Augustine finds that the existence in the city of street performers, as hereinafter defined, in the prohibited public area, as hereinafter defined, interferes with the public health, safety, and welfare of the pedestrian traffic, including residents and tourists by, among other things, attracting audiences which congest the prohibited public area. The city finds that the existence of the street performers in the prohibited public area further adversely affects the city's interests in the aesthetics incident to the oldest city in the united states and adversely affects the interest of residents and the regulated, code compliant businesses and museums in the enjoyment of peace and quiet in their homes, businesses and museums. Also, the city finds that the existence of the street performers in the prohibited public area poses a safety risk to the public and passers-by by congestion and clutter in this area of St. Augustine. Therefore, it is the intent of the city to prohibit the street performers from performing in the prohibited public area of the City of St. Augustine but to permit them to have access to reasonable alternative avenues of communication throughout the city.

(b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Perform or performance means acting, singing, playing musical instruments, pantomime, mime, magic, dancing, juggling, or the sale of visual art and wares, which means drawings or paintings applied to paper, cardboard, canvas, cloth or to other similar medium when such art is applied to the medium through the use of brush, pastel, crayon, pencil, spray or other similar object, and the creation, display and/or sale of crafts made by hand or otherwise.

(2) Prohibited activity means any activity involving the use of fire, aerosol or spray paint.

(3) Prohibited public area means the pedestrian accessed public areas of St. George Street from Cathedral Place north to Orange Street and within fifty (50) feet of that section of St. George Street on the intersecting public lanes, streets or thoroughfares.

(4) Street performers means individuals who perform, as defined herein, on the streets of the City of St. Augustine.

(5) Other public areas means public streets, rights-of-way, sidewalks, parks, playgrounds, and all public ways except those portions of the streets and roadways intended for use by vehicular traffic within the city.
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c) Prohibition. No street performers may perform in a prohibited public area. No street performer may perform a prohibited activity anywhere in the City of St. Augustine.
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d) Permitted performances. Street performers may perform in all public areas of St. Augustine except that area on St. George Street located between Orange Street to the north and Cathedral Place to the south, and within fifty (50) feet of this section of St. George Street on the intersecting public streets, lanes and thoroughfares.

(e) Exceptions. A street performer shall not perform in a manner that interferes with the visibility of any motorist, or at or near intersections or passages in a manner which interferes with the sight distance of any motorist traveling on or entering any thoroughfare in the city.