PUBLIC SAFETY COMMITTEE August 24, 2015 3:30 P.M. th 4 Floor Training Room, Municipal Building CURRENT COMMITTEE MEMBERS: Jan Davis, Chair Chris Pelly Cecil Bothwell AGENDA CALL TO ORDER 1. APPROVAL OF MINUTES 2. UPDATES a. Downtown Public Space Management: Update and Next Steps Paul Fetherston, Assistant City Manager 3. PUBLIC COMMENT (5 CITIZENS, 3 MINUTES EACH) NEXT MEETING: September 28, 2015, 3:30 P.M., 4th Floor Training Room, Municipal Building ADJOURNMENT For more information on the Public Safety Committee, please contact Alex Carmichael at828-259-5602. STAFF REPORT To: Public Safety Committee Date: August 24, 2015 Via: Gary Jackson, City Manager From: Paul J. Fetherston, Assistant City Manager Tammy Hooper, Chief of Police Dawa Hitch, Communications and Public Engagement John Maddux, Assistant City Attorney Sergeant Jackie Stepp, Downtown Unit Sasha Vrtunski, Urban Planner II Subject: Downtown Public Space Management – Update and Next Steps Summary: The purpose of this agenda item is to provide the Public Safety Committee (Committee) with an update on and next steps related to public space management in the Downtown/ Central Business District (Downtown). Review: Over the past year, the Committee has worked with staff and stakeholders within the community to develop a multi-faceted approach intended to address the management of public space within the Downtown. One of the initiatives undertaken was the development of a Downtown Enhancement Plan by the Asheville Police Department which has been in place since July 2014. Since that time, the Committee has received and will continue to receive periodic updates. Another initiative was a review and analysis of street performances and sidewalk vending as components of the overall Downtown public space management. The Committee considered research, analysis and recommendations on this issue in September 2014 and April 2015. Following a presentation of information in April 2015, staff was directed to continue to research options and make recommendations regarding these components of the overall public space management in the Downtown. As a background for the presentation, it is important to focus on the overall ‘place’ of the Downtown. Placemaking is a multi-faceted approach to the planning, design and management of public spaces that is intended to utilize various principles to capitalize on a community’s assets, inspiration and potential with the ultimate goal of creating public spaces that promote health, happiness, and well-being. The key attributes of placemaking include (a) sociability; (b) uses and activities; (c) access and linkages; and (d) comfort and image. A successful ‘place’ is a reflection of a community’s effort to create an appropriate balance of these important components – striving to ensure components do not tip the balance in a manner that adversely impacts the sense of ‘place’. 1 Over the past few years, the popularity of Asheville and the Downtown has grown as a destination ‘place’. In 2014 alone, the Tourism Development Authority estimates that Asheville 1 “What is Placemaking?”, Project for Public Places, http://www.pps.org/reference/what_is_placemaking/. attracted over 9 million visitors. 2 As a result, the challenge and importance of taking the steps necessary to balance the various components essential to creating and maintain a thriving ‘place’ in the Downtown intensifies. There are many uses and activities that contribute to a successful and thriving ‘place’ in the Downtown. Public space attributes should be managed in a manner that fosters a balance of many uses, activities and components in order to ensure the continuing success and vitality of the sense of place. The two components of Downtown Asheville’s ‘place’ that were assessed and analyzed after the April 2015 meeting were street performers and sidewalk vending. Street Performances: Street performances are a welcome and important use that adds to the overall vibrancy of the place. Public safety is also a critical component of overall vibrancy. Within the Downtown, street performances are a popular attraction – which draws spectators. The existing, and space limited, public right of ways are already at capacity with pedestrians, dogs and various uses (magazine and newspaper boxes, trees, poles, signs, tables, pushcarts, etc.). Oftentimes, when street performers use the already crowded right of ways to perform, pedestrian safety is compromised. Pedestrians are often forced into the roadway to either watch or walk around performances and the crowds they attract. As a result, motorist and pedestrian safety is compromised when motorists are forced to cross the double yellow line to avoid pedestrians walking or standing in the street due to congestion within performance areas. Many of the high impact performance areas involve proximity to handicap ramps and crosswalks. Consequently, handicapped access, bus stops, crosswalks – and common routes of pedestrian travel – are blocked. In addition, the transit service has contacted the Police Department to indicate its concern about the ability of buses to travel safely along Haywood Street due to crowds associated with street performances spilling into the roadway. Sidewalk Vending: Under the City Code of Ordinances, it is currently permissible for individuals or groups to solicit donations within guidelines (Sections 11-5 and 11-14). It is not permissible for performers of sidewalk entertainment to sell records, tapes or other products (Section 16145). Recommendations: In an effort to maximize the public safety of and the ‘place’ of the Downtown in a manner that balances a number of components of place making, the following recommendations are provided to the Committee for its consideration: • 2 Downtown High Impact Area Pilot Program: Implement a pilot program for three specifically designated high impact areas for street performances. If approved, staff would be prepared to implement the pilot program within 60 days of Council action. As detailed below, within the specific designated areas - street performances will be allowed only in marked locations. Within a certain distance of each marked location, other street performances would not be allowed. The minimum distance would be marked for ease of compliance and enforcement. Only street performances within the three designated areas would be impacted. Street performances in other areas of the Downtown would not be regulated other than through then-current ordinances. While ordinance revisions would be required in order to enable enforcement within these high impact areas, all other regulations applicable to street performances and sidewalk vending would remain in effect. The recommended ordinance The Economic Impact of Tourism in Buncombe County, North Carolina 2014 Analysis, June 2015, Tourism Economics changes creating the specific high impact areas are proposed in a manner that do not expire on a date certain. Instead, staff would monitor the implementation and impacts (intended and unintended) through August 2016 and return to the Committee and Council with information and recommended next steps. Depending on the data secured through the pilot, the designated areas could be expanded or adjusted. Staff would be prepared to recommend action as needed during and after the initial period. City Council would be in the position to amend the applicable ordinances as warranted during and after the initial period. The following three locations are proposed as a part of the pilot program. A map depicting each location is attached. Haywood Street in front of Woolworth Walk Due to the high volume of crowds, outdoor dining and multiple crosswalks, staff is proposing this area be limited to a performance that includes no more than one individual performer within an area measuring 3 x 4 feet. This could be located either next to the building or nearer the street by the street tree. No other performers would be allowed within 100 feet of this space (in all directions), which would not impact other nearby spots that are favored by street performers. Flat Iron at Battery Park Avenue and Wall Street On the flat side of the Flat Iron sculpture, staff is proposing a space approximately 5 x 6 feet to ensure that there is 6 feet of sidewalk passage on all sides. No other performers would be allowed within 110 feet of this space (in all directions). This designated space, which is 100 feet or more from the Woolworth Walk location, would impact the southwest corner of Wall Street/ Battery Park. Pack Square near Rhubarb restaurant Due to the high volume of pedestrian traffic, outdoor dining, two crosswalks and a pushcart adjacent to where street performances typically occur, staff is proposing the designation of an area areas adjacent to the Biltmore Avenue curb that is 4 x 8 feet. No other performers would be allowed within 100 feet of this space (in all directions), which would not impact other adjacent areas on the east side Biltmore Avenue in the Pack Square area. • Public Engagement Efforts: Once the Committee has provided staff with direction to proceed, the designated areas would be marked for purposes of obtaining feedback from interested stakeholders. Thereafter, a presentation regarding the proposal would be made to the Downtown Commission after which the proposal would return to the Committee for input prior to presentation to Council. Information will be shared with stakeholder groups that have been involved in the street performance conversation (such as Asheville Buskers Collective, Downtown Asheville Residential Neighbors, and Asheville Downtown Association) before and during implementation of the pilot program. Presentations will include information on the design of the pilot including how public input influenced its design. The outcomes to be measured during the course of the pilot will be another important element of the presentations. At the conclusion of the pilot, staff will reconnect with stakeholders. The goal will be to understand the impacts of designating specific high impact performance areas. Specifically, the impact on the Downtown’s sense of ‘place’, vibrancy, public safety, and bricks and mortar businesses. • Adopt the following (highlighted in red) to the City Code: Sec. 16-141. – Definitions. [ADD] Performance Space means a space, designated by marking on the sidewalk, within which performers of sidewalk entertainment may conduct performances. Sec. 16-145. - Performers of sidewalk entertainment. Unless prohibited elsewhere in this code, performers of sidewalk entertainment may utilize sidewalks for performances subject to the following conditions: (1) General Requirements a. Performances shall not violate the prohibitions on disturbing, annoying and unnecessary noise as set forth in article IV of chapter 10 of the City Code. b. Performances shall not violate the prohibitions on solicitation as set forth in City Code section 11-5 and 11-14. c. Performances shall not obstruct or cause to be obstructed pedestrian or vehicular traffic, including but not limited to, not obstructing or causing to be obstructed sidewalks, doorways or other access areas. Performances Entertainer must provide a minimum of 6 feet of pedestrian passageway. Performers shall cease performing if pedestrians are stopped and observing their performance from the street. d. Performers shall not sell any product unless permitted elsewhere in this code. This prohibition includes records, tapes or other selling, offering to sell, offering for free or for a donation, exhibiting or demonstrating any goods, wares, merchandise, mechanical devices, animals or any article of any kind whatsoever, by whatever name called, upon any public street, sidewalk, square, avenue or alley within the corporate limits of the city. e. Performances shall only take place between the hours of 9:00 a.m. and 10:00 p.m. f. Performers of sidewalk entertainment shall not consume nor be under the influence of alcoholic beverages or other controlled substances while performing, in compliance with all federal, state and local laws. g. Performances shall not take place any closer than 40 feet from another performance. h. Performances shall not take place Not perform at locations designated for a community event or festival, unless permitted to play at the community event or festival by the event or festival coordinator, pursuant to section 16-97 of the Code. i. Performances shall comply with all federal, state and local laws. when performing within the city, including but not limited to, the solicitation ordinance and the noise ordinance. j. Performances involving the use of knives, swords, torches, axes, saws, fire or other potentially dangerous objects or that involve acrobatics, tumbling, or other inherently dangerous activity are prohibited. k. No performer may be accompanied by, or in the custody or possession of, a dog or cat while performing. (2) Special Requirements at Locations with Designated Performance Spaces a. In addition to the general requirements set forth above, the following conditions shall apply at any location with a designated performance space: 1. All performances shall take place only within the designated performance space. No other performance may take place within [distance] of any designated performance space, such distance measured from the edge of the performance space. 2. All performers associated with a performance must remain entirely within the performance space. 3. No equipment or personal items belonging to, or in the custody, possession or control of any performer may protrude beyond the performance space. 4. No equipment or personal items may be present in the performance space if a performer is not also present in the performance space. All equipment and personal items must be removed from the performance space at the conclusion of each performance. Any personal items left unattended by a person physically present and performing or preparing to perform in the performance space shall be deemed abandoned. 5. Performers are encouraged to be courteous to other performers, and generally limit themselves to performing for no more than two hours in any designated performance space. • Due to constitutional limitations on the governmental entity’s ability to regulate beyond time, place and manner – combined with concerns of the overall impact to maintaining a balance of varying components and uses that create a the sense of ‘place’ – no changes to sidewalk vending are recommended. • Regulation of Street Performance Signs: There was discussion at the April PSC meeting about possible new regulations on signs used by persons soliciting and performing downtown. The City will soon be undertaking a process to revise its sign ordinance in light of the United States Supreme Court’s recent decision in Reed. V. Town Of Gilbert, Arizona, and any ordinance changes impacting signs used by street performers will be considered and proposed at that time. During the August 24 Committee meeting, staff – who will make a presentation of information and recommendations - will be available to address questions and/ or concerns. Next Steps: Based on input and direction from the Committee, staff will finalize its recommendations and return to the Committee or move forward with the public engagement process and prepare items for Council for consideration and action. The following tentative timeline is provided below: Action (assuming PSC Direction to move forward) Public Safety Committee Direction Tentative marking of proposed high impact areas and distance limitations for purposes of stakeholder feedback Presentation of proposal to Downtown Commission Presentation of proposed ordinance changes to Public Safety Committee Presentation of proposed ordinance changes to Council for consideration and possible action Implementation of communications plan based on direction and action by Council Effective date of ordinance changes ATTACHMENT: High Impact Zones for Street Performances Timeline August 24 August 30-September 8 September 11 (agenda permitting) September 21 October 13 (agenda permitting) October 14 (or date following Council action) 60 days following Council action High Impact Zones for Sidewalk Performances Haywood Street/Battery Park Area / Two Locations: 125 Feet Woolworth Walk Space: 3 x 4 feet 80 Feet RAN Flat Iron Space: 5 x 6 feet KIN A 100 Feet VE Distances Green Line = 125 feet Blue Line = 100 feet Purple Line = 80 feet L E GE C OL ST HA O YW OD ST Pack Square Area One Location: 125 feet 100 feet 80 feet O PA T T SW Pack Square - Near Rhubarb Space: 5 x8 feet N AV E City of Asheville Planning and Urban Design Department - August 2015 K SQ S PAC Distances Green Line = 125 feet Blue Line = 100 feet Purple Line = 80 feet