Thursday, April 6, 2017

DIB Oversteps its Authority...AGAIN

Rick Outzen posted that the DIB has established Guidelines for Street Performers.

As previously stated, by statute the DIB has NO AUTHORITY TO MAKE ANY REGULATION.

See the entire authority of the DIB under state statute at the post below.

So what did the Executive Director say?

"The DIB staff will be finalizing the new guidelines over the next week and requesting community input before finalizing a plan."

Under what authority?

These regulations help maintain the vibrant atmosphere of downtown while protecting the rights of pedestrians, businesses, and performers.

The DIB CAN NOT pass regulations!!

"Persons have a right to perform on public property, but those performers can cause adverse impacts to the community in the form of gathering crowds attracted to the entertainment offered in locations where there is insufficient room for crowds; blocked sidewalks; blocked ingress and egress of buildings; the risk of disruptive nearby motor vehicles traffic; and/or disturbance of the quiet enjoyment of residence and businesses."

Correcting these issues are a City function, not the function of a taxing district!

Performers may utilize sidewalks subject to the following guidelines:
 Not violate the prohibitions set forth in the County Noise Abatement Ordinance.
 Not obstruct or cause to be obstructed pedestrian or vehicular traffic, sidewalks, doorways, or other access areas.
 Performers must provide a minimum of six feet for pedestrian passageway.
 Not sell, display or exhibit any tangible good, on any sidewalk, in exchange for a fixed price or donation.
 Perform only at times between the hours of 10am and 10pm.
 Not consume or be under the influence of alcoholic beverages or other controlled substances while performing.
 Performances involving the use of knives, swords, torches, axes, saws (except non-powered saws used solely as musical instruments), fire, or other potentially dangerous objects or that involve acrobatics, tumbling, or other inherently dangerous activities are prohibited.
 Performances are not to take place any closer than 40 feet from another performer with additional regulations within two designated High Impact Areas.

Once again, the DIB can not make this enforceable, only the City Council can pass regulations and ordinances and only the City of Pensacola can enforce those regulations!

Police officers can not enforce DIB guidelines they must enforce laws and ordinances.  This is a Council function...Period!

Mini Mayor Peacock is out of control and should be removed!


Anonymous said...

that's nice that they want to follow county noise ordinances. Maybe they don't realize that the city, not county, noise ordinance governs this geography?

CJ Lewis said...

I posted a comment about this on Rick's Blog. The DIB seems unable to do even the most basic staff work. The DIB document is mostly copied from one used in Ashville, put out by the Ashville Downtown Commission created by the Ashville City Council and supported by city staff. Ashville has a Noise Ordinance and two Solicitation Ordinances, all referenced in its document, but does not have a "Street Performer" Ordinance. I have not called Asheville but suspect that the street performers probably self-police themselves not wanting to screw up a good thing. The Ashville document also references two High Impact Areas defined by ordinance in the city's municipal code. A key issue is that nothing in the state's "DIB Act" even hints that it has the municipal power to regulate private conduct on public right-of-ways to include city sidewalks. The City of Pensacola can do that but not the DIB. In truth, the DIB Act gives the DIB very limited powers for very specific purposes with much of what it does requiring direct or indirect (budget) approval by the City Council. I agree with former DIB Director Kim Kimbrough that the DIB had accomplished its legislative purpose and should be abolished. After 45 years, it has done its job and well. Yet, DIB "Mayor" John Peacock not long ago stood before the City Council and claimed that only one street in the DIB was "good." If that were true, that too would be reason enough to get rid of the DIB. Everything now done by the DIB can be done by the city's Community Redevelopment Agency that, like the City Coucnil, could follow the example of Asheville in creating a new Pensacola Downtown Commission with "downtown" defined using the much broader boundaries of what regular people believe to be "downtown" to include the Community Maritime Park and Seville Square, neither within the DIB "District." In truth, for most people, what we think of as "Downtown Pensacola" does closely mirror the CRA's Urban Core Community Redevelopment Area south of Cervantes Street from "A" Street to 17th Avenue.