Street Performance & Buskers - Fredericton

Proposed Street Performance/ Busker PolicyISSUE:Council while acting in committee at its meeting on August 13, 2012 considered a requestfrom Councillor Dan Keenan to have staff review the issue of street performances orbusking and accordingly, the Committee directed staff to review issues relating to buskingand report back to Council.BACKGROUND:For the purpose of this report the term street performer and busker will be usedinterchangeably. Street performance or busking is a form of entertainment that has becomecommon place across North American and typically takes place on public streets in citycentres but can occur in parks, festival or concert areas, or generally where people congregatein large numbers.The nature of busking involves entertaining the public in a manner that allows people todonate whatever monetary amount (if any) that they feel is appropriate for being entertained.Busking typically presents a problem for Police or By-law Enforcement officers who are taskedwith overseeing various by-laws that prevent people from soliciting money directly from thepublic. Therefore, in the absence of a specific policy on street performance or busking, thisgroup is treated the same as people who actively solicit money from the public. Mostmunicipalities have implemented a by-law or policy that prevents people from panhandling orsoliciting money from the public. The City of Fredericton By-law No T-8, A by-law Relating toLoitering and Begging in the City of Fredericton stipulates under Section 91.1(2) No personshall beg or solicit from door to door or in a public place except as may be authorized by themunicipality.

DISCUSSION:A street performer or busker is defined as a person or group that play an instrument, sing,dance, juggle, mime, do magic or perform an act or entertains the public. A busker mayaccept but cannot solicit donations in appreciation of their performance.Busking is part of vibrant urban areas and contributes to the animation of public spaces.Buskers entertain tourists and members of the general public and as such are using streetperformance as a valid means to earn a living. Given Fredericton’s strong artist community,and the desire to bring some entertainment into specific areas of the downtown core, buskingshould be encouraged and promoted to the public as a positive and welcome activity inFredericton. Spectators to a street performance have the option of providing a donation to abusker, and as such, busking is not equivalent to begging.Most municipalities confronted with distinguishing between busking and panhandling haveadopted either by-laws or policies that specifically distinguish between the two activities. Itshould be noted that a policy on busking also ensures that the needs of pedestrians andbusiness owners are also considered and addressed.Developing a policy for Street Performance in conjunction with a public communicationstrategy on busking and its role in animating the city will provide awareness of the legitimacyof busking and distinguish it from panhandling. The policy would include a code of behaviourfor both the performers and the public.Compared to larger centres, Fredericton has a small number of people engaged in buskingactivity and from this group, the majority would be skilled or amateur performers whosupplement their income with busking on a more infrequent basis. It would appear that thereare few, if any, full time professional buskers in Fredericton who solely rely on this activity tomake an annual living. Currently, there has been no need to regulate legitimate buskingactivity or to address issues such as limiting the number of performers in a specific area orensuring equitable access to key busking locations. The issue in Fredericton is distinguishingthis activity from panhandlers.A City of Fredericton policy for street performance developed in consultation with localbuskers, City of Fredericton Police, and other stakeholders is needed. This policy wouldinclude a code of behaviour for both the performers and the public. The policy will be sufficientto address any current issues related to busking at this time.A cursory review of municipalities that have regulated street performers indicates that theytypically either obtain a license or Busker Pass/ Identification Card. In the interest of keepingthe administration of this activity relatively simple it is suggested that the City of Frederictonopt for issuing a Busker Pass/Identification Card. The identification card will have the desiredeffect of identifying to police those individuals who are legitimately engaged in streetperformances. In order to obtain a Busker Pass /Identification card individuals will have tomeet with the Tourism Administrative Clerk and register themselves by filling out anapplication form which will outline their responsibility when they are engaged in streetperforming. The applicant will be required to sign the application form indicating that they are

-3-aware of the street performance policy and will adhere it to it. It will be pointed out that failureto comply with the policies may result in the Pass / Identification card being revoked.Staff is suggesting that the following criteria should be considered as conditions for thoseseeking to register themselves for a Busker Pass / Identification card.A proposed policy or by-law amendment would recognize street performance as a legitimateactivity that would be permitted on public streets subject to our policies. A $25.00 fee for aBusker Permit /Identification Card will be charged every two years that a street performerswishes to participate in street performance activity. The $25.00 fee is applied to recover thecost to have a photo identification card prepared by an outside business provider.The City of Fredericton Draft Policy on Street Performers and BuskersThe policy would include the following criteria:The Permit Holder agrees to:Ensure that the requirements of all municipal by-laws are observed and complied with at alltimes.Ensure that no portion of the area used by a street performer or busker or the areaoccupied by an audience: Creates an obstruction leaving less than 2 metres of paved and passable space(exclusive of the area used and occupied) for the safe and unhindered movement ofpedestrians. Is located less than 9 metres from the intersection of two or more streets Obstructs passage to any transit stop, driveway or entrance or exit of a building.Street performance within transit vehicles is prohibited; Blocks a display window, or access to a fire hydrant or hose connection. Is located a minimum of 9 metres from any Automated Bank Machine unlessotherwise permitted by a private property owner;Maximum street performance time is 2 hours per day per street performance location.A street performance location is defined as the entire block face between two streets.One battery operated non-vocal amplifier may be used.Maintain at least 30 metres between musicians performing as individuals or groups.Street performers are permitted in outdoor public spaces within the City Centre and theMain Street Business Development Area in accordance with Schedule A (to bedetermined) except where the space has been permitted for a specific time and use.Public spaces include but are not limited to sidewalks, courtyards, squares, andbuilding exteriors. Public spaces do not include city parks and open spaces.Street performance shall ensure that no aspect of the performance or any of theequipment/props used pose any danger or risk to the public. The use of dangerous

materials and implements including but not limited to knives, swords, chainsaws, fire orflammable liquids, is prohibited;Street performers acknowledge that they are performing for a family audience and mustrefrain from the use of lewd or offensive conduct or language in the course of theirperformance;Street performers must clearly display their identification card during all performances;D R A F T

Street performers who cannot produce a valid identification card will be asked to ceasetheir performance.Festival and event organizers who have secured permit/authorization for use ofspecified public spaces for a specific time and use have the authority to control howand where street performance will occur within the designated event space.Policies related to street performance / busking do not apply to the area defined as theGarrison District. Any street performance activities in this area will be prescribed andregulated by the City of Fredericton Tourism Division.Street performance shall keep each performance location in a neat and clean condition;Street performers shall immediately cease any activity and/or remove any performanceequipment or materials from the performance area at the request of the FrederictonPolice or a By-law Enforcement Officer for reasons of public safety;Street performers must abide by the City of Fredericton Noise By-law, By-law S-13 ABy-law Respecting Disturbance by Noise; (should permissible hours be identified?)Street performers may not advertise performances with signs or banners;Street performers may not sell any products or CD’s as a part of their act.Street performers may passively receive monetary appreciation volunteered by anaudience for their performance but may not solicit funds.Failure to comply with the policy may result in a Busker Pass /Identification Card beingrevoked.D R A F T