"I think this is a good ordinance," City Councilman Van Turner said.

Shaw disagreed, saying it is unfair to kick street artists out of Pioneer Park since artists were the ones who started much of the art sales at the Farmers Market, which begins June 12.

"What I don't like is that they're being pushed out by this large corporation," the Downtown Alliance, she said.

Anderson agreed that the alliance's lobbying against street artists is the reason the council wants a ban. The mayor said competition with the Farmers Market shouldn't mean artists are banned from the park at all times.

Under the council's plan street artists would be allowed in the greater downtown area, including The Gateway, at Library Square and in the Sugar House Business District but would have to set up 8 feet from business doors and 150 feet from existing events. Artists would also be allowed in parks "larger than 10 acres," which would include 17 city parks but not the 10-acre Pioneer Park, and would pay a $30 annual registration fee to hawk their wares.

The council's plan also bans the selling of "reproduced art," which is art that can be mass-produced and is not necessarily made by the artists doing the selling. Some have feared allowing reproduced art would lead to Tijuana-style knickknacks being sold all over the streets.

While Anderson similarly doesn't want artists to be able to sell reproduced art, he said federal case law indicates the city can't ban reproduced art sales.

The mayor said banning sales in parks less than 10 acres would surely be unconstitutional. While he didn't like other parts of the ordinance, he agreed it was a good compromise between the more liberal plan he recommended and more restrictive designs he expects many council members have.

Anderson proposed his ordinance because the city currently bans the selling of any street art. That is unconstitutional, according to the City Attorney's Office.

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E-mail: bsnyder@desnews.com