of street performers, artists and others may provide a public amenity that may enhance the character of the City and therefore, the City does not seek to discourage such performances and activities to the extent that they do not interfere with the reasonable expectation of residents and the regulated, code compliant businesses and museums to the enjoyment of peace and quiet in their homes, businesses and museums or pose a safety risk to the public and passers-by posed by congestion and clutter in this area of St. Augustine.  This section seeks to balance the interests of the performers, artists, solicitors and speakers with those of the other residents and businesses and museums within the City.
St. Augustine, Fla., Code § 22-9(a) (Mar. 2000).  Ordinance 2000-03 also includesdefinition of "perform," but also "acting, singing, playing musical instruments [and] dancing" in that definition.  Horton stressed that there were no guidelines for determining whether a person's "singing" was for personal enjoyment or for the purpose of a street performance.


4
 Subsequent to granting the preliminary injunction, the district court extended the discovery period until July 5, 2001, and scheduled the trial for February 2002.


5
  Section 22-9's "Intent" provision was amended to read:
(a) Intent.  The City Commission of the City of St. Augustine finds that the existence in the City of street performers, artists and others Street Performers may provide a public amenity that may enhance the character of the City and therefore, the City does not seek to discourage such performances and activities Street Performers