Celebrating self-expression as a basic human right essential for the
healthy growth of youth, individuals and communities
COMMUNITY ARTS ADVOCATES, INC.
Stephen H. Baird, Founder and Executive Director
PO Box 300112, Jamaica Plain, MA 02130-0030
Web site: http://www.communityartsadvocates.org
Enclosed here are some copies of street performance regulations from various places from small towns to large cities. See the Model Regulations page for additional details. Always consult the specific cities for the most current regulations and ordinances. These regulations and codes are provided for reference and educational purposes only. These code copies also will not match the official regulations formats.
IMPORTANT: Please consider sending in a $10 donation for this information. It takes time and money ($500 year) to keep it posted and updated. Make checks payable to Community Arts Advocates in US Dollars International Postal Money Orders and send to: Street Arts Advocates, P.O. Box 112, Jamaica Plain, MA 02130 USA
Good luck with your performances and keep me updated and informed of new court cases, legal issues and performance locations.
http://www.cambridgeartscouncil.org or http://www.ci.cambridge.ma.us/~CAC/ Cambridge, Massachusetts, USA permit and regulations web site.
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WORCESTER, MA (Jim Barclay wrote me in the summer of 1995 seeking help to be able to street perform in Worcester. With the help of the ACLU and couple articles in the Worcester Telegram and Gazette on August 19, 1995 (Page 1) and September 1, 1995 (Page B1). The new regulations were adopted on August 31, 1995, and are modeled after the Cambridge Street Performance Ordinance above.
RULES & REGULATIONS ITINERANT MUSICIANS (Street Perfomers)
1. A permit shall be issued by the Worcester License Commission to each applicant therefor in exchange for a completed application and a fee of one dollar and a picture ID. Each applicant is required to be approved by the License Commission before being able to perform.
No license shall be issued to any person who had had an itierant musicians or similar license suspended or revoked within the last twelve months prior to the current application for a license.
2. 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.
3. A permit shall be valid from the date on which it is issued through the first day of May next ensuing.
4. A permit shall be nontransferable, and shall contain the permit number of the applicant and the year in which the permit is valid. Each member of a group of performers who play together shall be required to obtain an individual permit.
5. Each musician is required to have a copy of these rules & regulations with him/her at each performance.
1. Performances may take place in the following locations:a. In public areas, except within one hundred feet of an elementary and/or secondary school, library, or church while in session, a hospital at any time, and except in public areas excluded by the City Council, License Commission, the Commissioner of Public Works, the Commissioner of Parks or the Chief of Police.
The licensee may not block roadways, sidewalks, crosswalks, driveways, stairways, curb cuts, handicapped access ramps nor block access to buildings, parks, public, conveyances, businesses, crosswalks, traffic control poles containing pedestrian crosswalk button (s), or be within twenty feet of a fire hydrant or within five feet of any fire alarm or other emergency communication devise, including public telephones, either by the licensee's location, or by the location of any crowd that the licensee may draw.
b. On private property, with the written permission of the owner or other person in control of such property.
c. 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.
2. Performances may take place at the following times:Monday through Saturday, between 8:00 a.m. - 9:00 p.m.
Sunday, between 8:00 a.m. - 9:00 p.m.
3. No performer or group of performers may generate noise exceeding a median sound level of eighty decibels measured at a distance of fifty feet from the performer or group of performers.
4. A performer may not create an undue interference with the passage of the public through a public area. If a performer attracts a crowed sufficient to obstruct a public may, a police officer may disperse the portion of the crowed that is creating the obstruction.
5. No performer or group of performers may perform less than fifty feet away from another group of performers.
6. A performer may request contributions of money or property at a performance, provided that no sign requesting contributions shall exceed twelve inches by eighteen inches. Contributions may be received in any receptacle, such as an open musical instrument case, box or hat.
EXCLUSION OF PUBLIC AREAS
1. A specific public area may be excluded from performances in accordance with constitutional standards by decision of the License Commission after a public hearing notice of which shall be advertised no less than fourteen days prior to said hearing.
1. A permit may be suspended or revoked if a performer is found to have knowingly provided false information on the application or has violated the rules & regulations or any Federal, State of local law or ordinance rationaly related to this license. Before suspension or revocation the License Commission must hold a public hearing, after ten days written notice to the performer setting forth the facts constituting the basis for the proposed suspension or revocation.
Adopted August 31, 1995 by the Worcester License Commission
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EAST LANSING, MI
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SAINT LOUIS, MO
http://www.slpl.lib.mo.us/cco/code/data/t2055.htm (Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall., 1200 Market St., St. Louis, MO 63103 Telephone 314-622-4000 General Info)
20.55.060 Rules and regulations.
20.55.070 Acceptance of contributions.
20.55.080 Special events.
20.55.010 Definitions.The following terms are defined for the purpose of this chapter as follows:
"Perform" includes, but is not limited to, the following activities: acting, singing, pantomime, juggling, magic, dancing and playing musical instruments, radios or other machines or devices for the producing or reproducing of sound.
"Performer" means an individual to whom a permit has been issued for the purpose of performing on the public area.
"Public area" means and includes any public sidewalk, alley, parkway, playgrounds or public right of way or easement located in any nonresidential dwelling district, as so designated in the zoning ordinance, within the City of St. Louis, except the 8th, 11th, 20th, 24th and 27th Wards, Metrolink transit platforms and stations operated by Bi-State Development Agency and any area in which performing is prohibited or otherwise regulated by law. (Ord. 64105 § 2, 1997.)
20.55.020 Permit&emdash;Required.No person may perform in a public area without have obtained a permit issued under Section 20.55.030. (Ord. 64105 § 3, 1997.)
20.55.030 Permit&emdash;Conditions.A. A permit shall be issued by the Director of Streets to each applicant therefor in exchange for a completed application and a fee of $25.00.
B. A completed application for a permit shall contain the applicant's name, address, telephone number and type of performance and shall be signed by the applicant.
C. A permit shall be valid from the date on which it is issued through December 31 of the year in which it is issued.
D. The permit shall be numbered and contain the name of the applicant and the year in which it is issued.
E. A permit shall be nontransferable.
F. Upon issuing a permit, the Director of Streets shall also issue to the performer a printed copy of the ordinance codified in this chapter and a copy of any other ordinance, map or information pertaining to the existing prohibitions and regulations of performers within the city. (Ord. 64105 § 4, 1997.)
20.55.040 Permit&emdash;Display.A performer shall carry and display a permit on said performers person at all times while performing in a public area. (Ord. 64105 § 5, 1997.)
20.55.050 Permit&emdash;Revocation.The Director of Streets may revoke any permit issued under the terms of this chapter if the permit holder violates any provision of this chapter or any permit regulation. (Ord. 64105 § 10, 1997.)
20.55.060 Rules and regulations.A. A performance may take place in any public area, but only between the hours of 10:00 a.m. and 9:00 p.m. on Sundays through Thursdays and between 10:00 a.m. and 10:00 p.m. on Fridays and Saturdays.
B. A performer may not block the passage of the public through a public area. If a sufficient crowd gathers to see or hear a performer such that the passage of the public through a public area is blocked a police officer may disperse that portion of the crowd that is blocking the passage of the public.
C. A performer may not perform in a public area so as to obstruct access to private property, except with the prior consent of the owner or manager of the property.
D. A performer may not use electric or electronic amplification except for devices powered only by self contained batteries. The conduct and behavior of all performers shall comply in all respects with existing noise ordinances.
E. No performer or group of performers shall perform at a distance of less than 50 feet from another performer or group of performers who are already performing. (Ord. 64105 § 6, 1997.)
20.55.070 Acceptance of contributions.A. A performer may accept contributions of money or property at a performance. Contributions may be received in any receptacle. Performers may accept contributions in exchange for representations of their own work, however, no product may be offered at a fixed price with the exception of musical reproductions.
B. A performer who performs and accepts contributions under the provisions of this chapter shall not be guilty of aggressive begging under Section 15.44.010 (Revised Code) or of peace disturbance under Section 15.46.030 (Revised Code) unless it is determined by a police officer that such a performance is not in the spirit of entertainment but rather calculated to provoke a breach of the peace.
C. No other license is required for any activity permitted in this section. (Ord. 64105 § 7, 1997.)
20.55.080 Special events.Nothing contained in this chapter shall be construed to apply to special events conducted by the City of St. Louis or to events conducted by permission of the City of St. Louis. (Ord. 64105 § 8, 1997.)
20.55.090 Violation&emdash;Penalty.Any person who violates the provisions of this chapter, or who knowingly furnishes false information on the permit application, shall be subject to a fine of not less than $50.00 nor more than $500.00. (Ord. 64105 § 9, 1997.)
http://www.ci.toledo.oh.us/ One Government Center, 640 Jackson, Suite 2200, Toledo, Ohio 43604, Phone: 419-245-1001, Fax: 419-245-137 http://www.amlegal.com/toledo_oh/ (Some sub sections of this regulation dealing with nonprofit solicitations were omitted.)
757.18 Permitted performances.
757.20 Revocation of permit.
757.21 Mayor may adopt rules.
As used in this chapter:
(a) "Perform" includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reciting and clowning, and accepting or soliciting contributions of money or property in exchange for such activities.
(b) "Performer" means a person who owns a permit issued pursuant to the provision of this chapter and accepting or soliciting contributions of money or property in exchange for a performance.
(c) "Public place" means all parks, public grounds, sidewalks and public lands in the City, but does not include public property in residential areas except as provided in Section 757.18(a)(4) or public buildings.
(d) "Street" means all alleys, streets, avenues, lanes, courts, roads, boulevard medians and park roads in the City.
757.16. Performer's permit.
(a) A permit shall be issued by the Director of Finance to each applicant therefor in exchange for a completed application and a fee of fifteen dollars ($15.00) and shall be renewable annually at a cost of three dollars ($3.00). If a replacement photo is required, the renewal fee shall be fifteen dollars ($15.00).
(b) A completed application for a permit shall contain the applicant's name, address and telephone number, social security number and shall be signed by the applicant.
(c) A permit shall be valid from the date on which it is issued through December 31 of the year in which it is issued.
(d) A permit shall contain the name, photograph and permit number of the applicant plus the year in which the permit is valid.
(e) A permit shall be nontransferable and shall remain the property of the City.
(f) Upon issuing a permit, the Director shall also issue to the performer a printed copy of this chapter and appropriate rules and regulations.
(g) A permit shall be issued to any minor under age eighteen, provided that the application for the permit is accompanied by a written consent signed by the parent, guardian or custodian of any minor. Minors shall be permitted to perform only after school hours while school is in session or during permitted times when school is not in session.
(h) Each member of a group of performers shall be required to obtain a performer's permit.
Ord. 275-87. Passed 4-14-87.)
757.17. Display of permit.
A performer shall carry a permit on his or her person while performing and shall display such permit or card on his or her person during the performance.
(Ord. 275-87. Passed 4-14-87.)
757.18. Permitted performances.
(a) Performances may take place in the following locations:(1) In a public place, except those excluded by Council or the Director of Police Operations; and
(2) On private property, if the performer has obtained notarized written permission of the owner of such property or other person with authority to grant such permission with respect to such property; which shall be carried by the performer at all times or if the owner of the property or other person with authority grants permission is present and consents to the performance.
(3) In a downtown public place where an authorized festival or event is being conducted as determined by Citifest, if the performer has obtained required approval of Citifest. Additional approval of Citifest is not required for Rally by the River events.
(4) In a public place outside of downtown where an authorized public festival or event is being conducted, if the performer has obtained the written permission of the sponsor of such festival or the Director of Natural Resources.
(b) Performers shall be permitted to accept contributions of money or property in any receptacle.
(c) Performances may take place at the following times:(1) Between the hours of 8:00 a.m. and 10:00 p.m. on Mondays through Thursdays;
(2) Between the hours of 8:00 a.m. and 11:00 p.m. on Fridays;
(3) Between the hours of 9:00 a.m. and 11:00 p.m. on Saturdays;
(4) Between the hours of 10:00 a.m. and 10:00 p.m. on Sundays;
Or as otherwise provided by Section 541.11.
(Ord. 275-87. Passed 4-14-87; Ord. 104-94. Passed 3-14-94.)
757.19. Restrictions.(a) No performer shall hinder or prevent the movement of persons on a public street, road, highway, sidewalk or right of way, or to, from, within or upon public or private property, so as to interfere with the rights of others.
(b) No performer shall continue to perform in any public place which does not provide sufficient area to accommodate any group of persons observing the performer so as to allow the free passage of any person upon public property or to or from private property.
(Ord. 275-87. Passed 4-14-87.)
757.20. Revocation of permit.(a) The Director of Finance may suspend a permit for not more than thirty days if any information contained in the application thereof is found to be false.
(b) The Director may suspend a permit for not more than sixty days or revoke a permit if a performer violates any of the provisions of this chapter.
(c) After revocation of a permit, the former performer may not obtain a new permit until such date as the Director may determine, provided that such date shall not be more than one year after the date of revocation.
(d) No permit may be suspended or revoked unless the Director holds a public hearing concerning that suspension or revocation, written notice of which has been given to the performer not less than seven days prior to such public hearing. Such notice shall set forth the facts constituting the basis for the proposed suspension or revocation.
(e) Permits shall be returned to the Director upon revocation or expiration.
(Ord. 275-87. Passed 4-14-87.)
757.21. Mayor may adopt rules.The Mayor is hereby authorized and directed to adopt and promulgate rules as he deems necessary for the regulation of performances as defined in this chapter.
(Ord. 275-87. Passed 4-14-87.)
757.22. Appeals.Any person whose permit has been suspended or revoked by the Director of Finance, pursuant to Section 757.20, shall have the right to appeal to a Board composed of the Director of Natural Resources, the Director of Public Safety and the Director of Law, and its order shall be final; but such appeal must be in writing and shall be filed with the Director of Finance within five days after notice has been mailed to such applicant, or is delivered to the applicant in person, or to any officer or duly authorized agent or representative of such applicant. Failure to file an appeal within five days shall constitute a waiver of the right of appeal provided herein.
Ord. 275-87. Passed 4-14-87.)
757.99. Penalty.Whoever violates any provision of this chapter is guilty of a minor misdemeanor for a first offense, a misdemeanor of the fourth degree for a second offense, and a misdemeanor of the third degree for a subsequent offense.
Santa Monica, California
This was passed several years ago and newer admendments have made it far more complicated than it needs to be, but the basics are mostly still there.
They are also trying to create "performer spots" with everything else eliminated,... I have been fighting for a definition that all spaces are open and that they can create exclusion areas for safety concerns, only if nessesary. I have been fighting Spots and Lotteries.
Ned has been organizing and working on the street performing issues in Santa Monica since he left the Boston and Cambridge area. See his web site for more details: http://www.flatworld.net Story on Santa Monica legal battle by Ned Landin aka Flathead
Chapter 6.112 STREET PERFORMERS
Chapter 6.116 SPECIAL PROMENADE AND PIER REGULATIONS
Street Arts and Buskers Advocates
Copyright © 1999-2005 by Stephen Baird