Provincetown Street Performers By Laws (Adopted in 1995,
revised in 1998): http://www.provincetowngov.org/bl_regs/general_bylaw/2004GeneralBylaw%20FINAL.htm#_Toc76449203
9-4. Street Performances.
9-4-1. Purpose. The existence in Provincetown of street
performers provides a public amenity that enhances the
character of the town, and the town seeks to encourage such
performances to the extent that they do not interfere with the
reasonable expectations of (1) residents to the enjoyment of
peace and quiet in their homes or (2) business owners to public
access to their businesses. The bylaw seeks to balance the
interests of the performers with those of the residents of the
town.
9-4-2. Definitions.
9-4-2-1. Perform. Perform includes, but in not limited to,
the following activities: acting, singing, playing musical
instruments, pantomime, juggling, magic, dancing, reading and
reciting, conducted live and in person, but shall not include
presentations of audio/visual reproductions of such
activities.
9-4-2-2. Performer. A Performer means a person who has
obtained a permit pursuant to this By-law.
9-4-2-3. Public areas. A Public areas means public
sidewalks, parks, playgrounds and all public ways in
Provincetown.
9-4-3. Permit required. No person may perform in a public
area without a permit issued pursuant to Section 9-4-4-1 of
this bylaw.[13]
9-4-4 Permits.
9-4-4-1. Issuance. A permit shall be issued by the Police
Department to each applicant therefor in exchange for a
completed application.
9-4-4-2. Form of application. A completed application for a
permit, and the permit itself, shall contain the applicant's
name, residence address and telephone number, and shall be
signed by the applicant. The applicant's signature shall
constitute a certification that she or he has received, read,
and understood the text of this bylaw. If a performer has
knowingly provided false information in the application for a
permit or has not signed the application, any permit issued
pursuant to such application shall be invalid.
9-4-4-3. Term of permit. A permit shall be valid from the
date on which it is issued through the end of that year.
9-4-4-4. Form of permit. A permit shall be
non-transferrable, and shall contain the permit number of the
applicant and the year in which the permit is valid.
9-4-4-5. Individual permits required. Each member of a group
of performers who play together shall be required to obtain an
individual permit.
9-4-4-6. Distribution of street performance bylaw. Upon
issuing a permit, the Police Department shall also give the
performer a copy of the street performance bylaw.
9-4-5. Display of Permit. A performer shall clearly display
his or her permit while performing, or have the permit on her
or his person, and shall allow inspection of the permit by any
Provincetown police officer upon request.
9-4-6. Permitted Performances.
9-4-6-1. Location. Performances may take place in public
areas except:
- 1. within one hundred (100) feet of an elementary and/or
secondary school, library or religious facility while in
session;
2. within one hundred (100) feet of a hospital at any
time;
3. within one hundred (100) feet of Town Hall during
business hours or any town-related meeting if any person
transacting such business requests that a performance
discontinue for the reason that such performance is
hindering said business; and
4. public areas from which all performances have been
excluded by vote of the Board of Selectmen after public
hearing and notice thereon. Such notice shall be advertised
at least once in a local newspaper no less than fourteen
(14) days prior to the hearing.
9-4-6-2. Street fairs and public festivals. Performances may
take place in public areas where an authorized street fair or
public festival is being conducted, with the permission of the
sponsor of such fair or festival.
9-4-6-3. Times. Performances may take place at the following
times: seven days per week, between 11:00 a.m. and 11:00
p.m.
9-4-7. Undue interference. A performer may not create an
undue interference with the passage of the public through a
public area. If a performer attracts a crowd sufficient to
obstruct the public way, such performer shall request that the
crowd eliminate the obstruction. If such efforts to eliminate
the obstruction fail, a police officer shall ask the performer
to stop the performance until that part of the crowd that is
creating the obstruction dispenses. A police officer may
dispense the portion of the crowd that is creating the
obstruction.
9-4-8. Non-criminal disposition of violations. Whoever
violates any provision of this bylaw may be penalized by a
non-criminal disposition as provided in G.L. c.40,'21D. For the
purposes of this bylaw, the following officials shall be
enforcing persons: Provincetown police officers. The penalty
for each violation shall be fifty dollars ($50), with each day
the violation exists constituting a separate offense. A
performer who has not applied for a permit shall be given one
written warning by a police officer informing the performer of
the bylaw and the requirement of a permit before any subsequent
violations are issued.
9-4-9. Exclusivity. The provisions of this bylaw shall take
precedence over any other town bylaws applicable to street
performances. To the extent that other town regulations or
bylaws are applicable and are inconsistent with this bylaw,
this bylaw shall govern.
9-4-10. Peace and quiet. A performance in accordance with
this bylaw shall be presumed not to constitute a "noise
nuisance," "disorderly conduct," or an "excessive musical or
other noise" in violation of 13-1-2 or 13-2-6.
9-4-11. Severability. The provisions of the sections of this
bylaw are severable, and if any part of this bylaw should be
held invalid by a court of competent jurisdiction, such
invalidity shall not affect the remainder of this bylaw and the
remainder of this bylaw shall stay in full force and
effect.
