Lake County Gazette

The Arlington Heights Village Board of Trustees pulled a consent agenda item for further discussion, as the board discussed proper regulations for street performers during the board's April 17 meeting.

City manager Randall Recklaus asked the board to create new guidelines for buskers (a.k.a. street performers) in the city, as he said such performers were becoming increasingly popular and there are currently no ordinances to govern them. Recklaus shared that the regulations they had drafted for the board’s approval did not require buskers to have any sort of permit or license, but they should be limited to the public right of way between 10 a.m. and 9 p.m. They are not allowed to obstruct passageways, streets, sidewalks, entrances or bike racks. They cannot erect any tents or structures, nor may they amplify sound for their performances, the proposal said.

Trustee Tom Schwingbeck said that in the past when other open-air performances were held, there had been noise issues with such outdoor (al fresco) performers.  "We did give you full autonomy to shut it down if necessary," he said, "so I think reading through this, it does give our al fresco (outdoor) businesses, whoever has that agreement with us, to play music in a respectful way. So I'm fully supportive of the way it's written. I think it protects our businesses as well. And for some reason, as we move forward if al fresco stops or we decide not to give a business license out, I think we're covered there, too."

The proposed ordinance doesn't extend to any village-sponsored events, such as various festivals or summer events, or various other licensed performers. Those who have a specific license or signed a contract with the village are not regulated by these stipulations, rather they operate under the guidelines agreed upon in their contract with the city. Trustee Robin LaBedz, who pulled the item for some clarifications and comments, clarified that those exemptions would also include performers or musicians hired by restaurants or businesses in the downtown area who had fresco areas in their buildings for that purpose. If they are on the property of a business, they are not considered buskers and are not subject to the ordinance, she said.

Some trustees were concerned over portions of the ordinance that seemed vague in their limitations, but it was explained that first-amendment protections for performers and various summer events in the village made that necessary. Chip Brooks of Hey Nonny addressed the board, asking that anyone working through their business be exempt from the ordinance, suggesting they phrase it to exclude anyone with a license through the village of business. The board voted to approve the ordinance as drafted.