Arlington Heights proposes regulations on street performers to accompany alfresco dining

With the popularity of the Arlington Alfresco outdoor dining zone in downtown Arlington Heights have come street performers - and new proposed rules that would allow them to perform there until 9 p.m. daily so long as they don't use sound systems.

Trustees on Monday reviewed a draft ordinance that would add a new section to village code regulating the outdoor performances in hopes of addressing any nuisance concerns of nearby residents.

Village Attorney Hart Passman said he crafted the so-called busking ordinance with the understanding that street music and entertainment is a form of speech - and so it can't be prohibited, but reasonable time, place and manner restrictions can be imposed. Though trustees expressed their initial support, Passman plans to make some tweaks to the legalese before bringing it back to them for a formal vote.

"It's a little bit of a needle to thread because we have to respect the constitutional rights of those who might want to play a musical instrument or sing on a public street," Passman told trustees during a committee meeting Monday night.

"I know sometimes it's charming. Sometimes it's annoying. Sometimes we like the songs. Sometimes we don't. But our public streets are a classic public forum under our constitutional law. So we have to permit some form of this."

While performers wouldn't be required to hold any type of permit or license by the village, they could perform only on public rights of way or parks from 9 a.m. to 9 p.m.

And the prohibition on sound amplification would be in the area bounded by Arlington Heights Road to the east, Sigwalt Street to the south, Chestnut Avenue to the west, and the Union Pacific Railroad to the north. That's the heart of the Alfresco area, where some downtown residents have complained about the volume of live outdoor music.

But the ban wouldn't apply to any village-sponsored events, such as the Sounds of Summer concerts at Harmony Park, or to businesses using their own spaces as permitted by the village.

Megaphones or other amplifiers could still be used by demonstrators north of the railroad tracks at Arlington Heights Road - where protests commonly occur.

The new rules would also forbid entertainers from erecting any tents or structures. And they couldn't obstruct safe passage of cars, bikes or pedestrians along any street or sidewalk, or ingress and egress between sidewalks and buildings, according to the ordinance.

Though most outdoor performers would be around for Alfresco between the spring and fall, the rules would be in effect year round.

Trustee Robin LaBedz suggested Monday that the starting time be moved from 9 a.m. to 10 a.m. Passman said he would check case law to see if that were possible, as the 9 p.m. end time is based on prior court decisions.

Chip Brooks, co-owner of the Hey Nonny, praised the village for its work on the ordinance. But he suggested that any performers his venue hires not be subject to the proposed rules and that they be governed by the venue's separate license agreement with the village instead.