a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on June 7, 2018 to discuss amendments to the Street Performers Ordinance in section 12.16.170 in the Municipal Code

ATTACHMENTA City of Cambridge Executive Department LOUIS A: DePASQUALE LISA C. PETERSON City Manager Deputy City Manager June 26, 2017 To the Honorable, the City Council: I write to provide the City Council with a summary of various actions taken by staff from the Arts Council in concert with staff from the License Commission and the Law Department in connection with the above-referenced Council Orders regarding amendments to the Street Performer Ordinance as well as Arts Council staffing and programming. Council Order Nos. 48 and 52 of September 21. 2015 On September 21, 2015, the Council requested in Order No. 48 that the City Manager "Confer with the Arts Councii and appropriate City departments to determine a decibel level that is measured in relation to ambient noise" in relation to Street Performer noise and in Order No. 52 of September 21, 2015, requested that the City Manager "confer with the City Solicitor with the view in mind of reviewing the Street Performers Ordinance and development of a plan wherein the Arts Council and the City work in conjunction with community artists to increase the number of street artists in the City," Attached hereto is a redlined document showing proposed amendments to Chapter 12.16, Section 12.16.170 of the Municipal Code (the "Street Performers Ordinance" or the "Ordinance"), and a clean document reflecting said proposed amendments, which are the result of work done by City staff from the Arts Council, the Law Department, and the License Commission. The proposed amendments are based on feedback and input from community-based artists, buskers and street performers, Community Arts Advocates, Street Arts and Buskers Advocates, members of the local business community, and City residents. The proposed amendments to the Ordinance include the following key components: students will pay a reduced permit application fee of $20 (reduced from $40) and the permit application fee will be waived in its entirety for indigent or homeless persons; performing groups consisting entirely of student performers will pay no more than $80 total for performing group permit application fees (reduced from $160 total); performances will be prohibited from interfering with park or special event permits of regular use of playgrounds; synagogues, temples, mosques and other houses of worship have been added to areas where performances are prohibited from taking City Hali • 795 Massachusetts Avenue • Cambridge • Massachusetts • 02139 [phone removed] - tty: [phone removed] • www.cambridgema.gov

place within 100 feet of when in session (currently the ordinance only prohibits performances within 100 feet of churches while in session, and there is no prohibition to perform within 100 feet of other houses of worship while in session); performers will be prohibited from using prerecorded music, except as backup accompaniment to a live performance, and all prerecorded music shall be turned off when the performer or group is not performing; performers will be prohibited from using public furniture, whether movable or immovable, as part of performance setup or storage area; Quincy Park has been removed as an excluded area, and Central Square "during reconstruction" has been removed as a temporarily excluded area; the Cambridge Fire Department's rule prohibiting the use of fire in public assembly, issued under G. L. c. 148, § 28 and the Code of Massachusetts Regulations, has been referenced in the Ordinance (although the rule prohibiting use of fire in public assembly in Cambridge existed independent of the Ordinance, it was not previously referenced in the Ordinance); the Cambridge Fire Chief may prohibit a performer or group of performers from performing in a particular location in an emergency (currently, the Ordinance only gives that power to the Police Commissioner and Commissioner of Public Works); and the Arts Council shall have the authority to establish rules and regulations with the approval of the City Manager as may be appropriate or necessary to implement the Street Performers Ordinance (currently, the Ordinance does not give the Arts Council authority to establish rules and regulations). We believe that these proposed amendments will ultimately make it easier for prospective street pertormers to obtain permits to busk or otherwise perform in public, by lowering the financial barrier in the case of students by fifty percent, or in the case of indigent and homeless persons, by waiving the permit application fee in its entirety. The Arts Council staff are also working with the Finance Department in order to develop an online application and payment system for permit application fees. In addition, it is the intention of the Arts Council staff to work with the License Commission staff in order to provide more training to Arts Council staff on measuring noise levels relative to background noise. I therefore request that the attached proposed changes to the Street Performers Ordinance be referred to the Ordinance Committee for review and consideration. Council Order No. 49 of September 21, 2015 Council Order No. 49 of September 21, 2015 requests that the City Manager "determine the feasibility of appropriating additional funding to the Arts Council to allow for the continuation of monitor work in the off-season." The Arts Council has conducted a pilot program of keeping one of three seasonal employees in place to respond to performer inquiries and concerns, manage data entry and updating, and provide advocacy and outreach to artists and performers. I recommend placing this response on file. Council Order No. 50 of September 21, 2015 Council Order No. 50 requests that the City Manager "confer with the appropriate City departments to discuss the costs and benefits of adding a Community Arts Coordinator with the view in mind of increasing the numbers of street performers in the City." The Arts Council's FY 2018 General Fund budget will be increased beginning July 1, 2017 to allow for the hiring of a permanent, full-time Community Arts Administrator who will work with the Director of

Community Arts and increase the Arts Council's capacity to provide advocacy, outreach, training, and oversight, in order to increase the number and range of artists and performers who street perform on the City's sidewalks, plazas, parks, and other public areas. I recommend placing this response on file. Council Order No. S1 of September 21, 2015 Council Order No. 51 of September 21, 2015 requests that the City Manager "investigate ways in which to garner business cooperation, along with messaging and training, to make public spaces friendlier and more proactive as it relates to public performances." With increased department capacity as a result of the hiring of a full-time Community Arts Administrator in FY 2018, it will be possible to expand the Arts Council's work in partnering with local business leadership and other members of the City's local business community as well as Cambridge Local First to better understand potential needs and uses for public spaces and what impact that has on local businesses. I recommend placing this response on file. Very truly yours, Louis Pelanguale Louis A. DePasquale City Manager LAD/mec Attachments)

Chapter 12 Section 12.16.170 Street Performers A. Introduction. The City Council of the City of Cambridge (the "City" finds that the existence in the City of street performers provides a public amenity that enhances the character of the City and seeks to encourage such performances to the extent that they do not interfere with the reasonable expectations of residents to the enjoyment of peace and quiet in their homes, or te the ability of businesses to conduct their businesses uninterrupted, or for the free flow of traffic and movement on public ways, public sidewalks, and other public pedestrian areas (collectively hereinafter referred to as "Public Ways"). This sectionSection seeks to balance the interests of the performers B. Enforcement. The City Council designates the Cambridge Arts Council Council (the "Arts Council") ef the City-to be the agent department of the City primarily charged with the responsibility of supervising and enforcing the provisions of this sectionSection. AC. Definitions. 1. "Perform" includes, but is not limited to, the following activities: acting-i singing-i playing musical instruments, ¿pantomime, i juggling; magic; dancing; reading reciting; puppetrys and sidewalk art (working with non- permanent, water-soluble media, ie,such as chalk, pastels, or watercolors, ets directly on the pavement), and reciting. "Perform" shall not include the production of items for sale-, such as jewelry making or craft production, but may include the creation of visual artworks that are demonstrated live in a large-scale performative manner. 2. "Performer" means a person who has obtained a permitPermit pursuant to this sectionSection. 3. "Public aAreas" means public wWays, including, sidewalks, parks, plazas, and playgrounds, and other Cambridge pedestrian areas, BD. Prohibition. 1. No person may perform in a public aArea without a permitPermit issued by the Arts Council pursuant to subSubsection GE of this sectionSection. 2. In accordance with the Cambridge Fire Department's (the "Fire Department's") rules issuedpromulgated by the Cambridge Fire Chief (the "Fire Chief") under pursuant to his authority under G. L. c. 148, $ 28 and the Code of Massachusetts Regulations promulgated pursuant thereto, the use of fire in a public assembly, including, but not limited to, street performing, is not permitted in the City of Cambridge (the "City" EE. Permit. 1. ApPermit shall be issued by the Gambridge Arts Council to each applicant therefore in exchange for a completed application and a fee of forty doliars ($40); the Permit application fee shall be reduced to twenty dollars ($20) for applicants who are students and present a current, valid student photo identification from an accredited school. college or university with the completed Permit application; the Permit application fee shall be waived in its entirety for applicants who request an application fee waiver based on indigence or homelessness and submit an

affidavit signed under pains and penalties of perjury attesting to such indigent or homeless status at the time of submitting the completed Permit application. Each applicant for a permitPermit must present a valid photo identification at the time of submitting the application for a Permit. 2. A completed application for a pPermit, and the permit itself, shall contain the applicant's name, residentialee address, and telephone number, group name, if applicable, instrumentation, and type of performance,zand shall be signed by the applicant. 3. A permitPermit shall contain the performer's name; group name, if applicable; permitPermit number; date issued; year in which the permitPermit is valid; and a brief description of the type of performance permitted. A permitPermit shall be valid from the date on which it is issued through the end of that calendar year. 4. A permitPermit shall not be montransferable_-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 performing group who play performs together shall be required to obtain an individual permitPermit in person. Performing groups of four or more performers shall pay the sum total of one hundred and sixty dollars ($160) or eighty dollars ($80) in the case of performing groups which consist of performers who are all students in exchange for one permit per person in the group regardless of the total number of performers in the performing group. -In no event shall any group-of performersperforming group, identified as such in each of their permitPermit applications and noted on their permitPermits, be charged more than one hundred and sixty dollars ($160) total for non-students or eighty dollars ($80) total for students for permitPermits for froup members of a group. All personsperformers acquirine a permitPermit for a group performance must perform as a group; group permitPermits do not authorize individual performance. Each member of a student performing group must submit a valid student photo identification from an accredited school, college or university in person at the time of submitting their application for a group Permit. 5. Upon issuing a permitPermit, the fambridge Arts Council shall aiso-give the performer a copy of this Sectionsection, 6. If a performer loses theit-his or her permitPermit, one replacement permit per calendar year may be obtained for a fee of fifteen dollars {$15). ĐE. Display of Permit. 1. A performer shalt clearly display his or her -their permitPermit while performing, and shall allow inspection of the permitPermit by any Cambridge police Officer ("Police Officer") or staff person of the Gambridge Arts Council upon request. Refusal to allow inspection of a permitPermit upon request by a Cambridge Police Officer or staff person of the Cambridge Arts Council, or refusal to display a permitPermit, may result in the revocation of the permitermit. EG. Permitted Performances. 1. Performances may take place in the following locations: a. In public Areas when not interfering. with use of a park permit, special events permit, or regular use of playgrounds, except within one hundred (100) feet of an elementary and/or secondary school, fibrary, or church, synagogue, temple, mosque, or other house of worship-while in session i or a hospital at any time; and any except-public-areas excluded by the City Council, the Commissioner of the Cambridge Public Works Department (the "Commissioner of Public Works"), or the Chief of Police Commissioner of the Cambridge Police Department (the "Police Commissioner"), or the Fire Chief, pursuant to subSubsection HF of this sectionection; 2

b. On private property, with the written permission of the owner or other person in control of such property; c. In Public aAreas where an authorized street fair or public festival is being conducted, but only with the express permission of the sponsor or producer of such fair or festival. 2. Performances may take place at the following times: a. Monday through Thursday, between 7:00 a.m. and 11:00 p.m.¿ Friday, between 7:00 a.m. and 12:00 midnight; p.m9. Saturday, between 7:00 a.m. and 12:00 midnight; p.m. Sunday, between 12 noon and 11:00 p.m. t. In the public space at the intersection of At. Auburn Street-and-IfK Street, known-as Winthtop Park, performances may take place at the following times: Monday through Thursday, between 7:00 a.m. and 10:00 p.m. Friday, between 7:00 a.m. and 17:00 p.m. Saturday, between 8:00 a.17a76-11:00 p.m Sunday, between 12:00 noon-and 10:00-p:17; 3. Sound and Noise Regulations: a. No performer or group of performers may generate noise exceeding a median sound level of eighty decibels 180 db(A)) measured at a distance of twenty-five (25) feet from the performer or group of performers. A performer or group of performers may use sound amplification as long as eighty decibels (80 db(A)) measured at a distance of twenty-five (25) feet from the performer or group of performers this sound level is not exceeded. Upon receipt of a complaint-by a resident, a designated staff person from the Cambridge-Arts Council shall, with the permission of the residentcomplainant, measure the sound level inside the-residentiat dwelling structure wherein the occupant has complained of noise from a street performance. If the sound level inside the structure wherein the occupant has complained of noise from a street performance exceeds a median sound level of fifty decibels 150 db(A)), and exceeds the background noise by at least ten decibels (10 Ddb(A)) the performer or group of performers causing the excessive sound level shall either turn down the music or move to a distance from the residence structure so as to reduce the sound level to a level within these limitations. Background #Noise will be measured using the L90 statistical value for this purpose shall mcan ta For the purpose of this Ordinance, Lots s timei the level is taken to be the backsround the sound pressure level that has been exceeded 90 perce sound pressure level. b. It shall be prohibited to use prerecorded music as part of a pertormance, except as backup accompaniment to a live performance. All prerecorded music shall be turned off when the performer or group of performers is not performing. The volume of prerecorded music shall not exceed fifty (501 decibels dblA) on its own or eighty (80) decibels db(A) with music/audio accompaniment. bc. Drums shall be inaudible at a distance of one hundred fifty [150) feet. 4. A performer or group of performers may not create an undue interference with the passage of the public hrough a public aArea. If a performer or group of performers attracts a crowd sufficient to obstruct the-a publi vAreaay as defined in this OrdinanceSection, the performer or group of performers shall encourage the crowd t relocate and no longer obstruct the public Areaway. aA pPolice eOfficer or Cambridge Arts Council Staff-may disperse the portion of the crowd that is creating the obstruction. The Peolice Defficer er Cambrides Arts Council 3

Staff shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order. A police Officer of Cambridge Arts Council Staff shall not ask the performer to leave the location unless all other means of restoring the public safety or order have been exhausted. 5. No performer or group of performers may perform less-within than-fifty (50) feet offrom another performer or group of performers. 6. A Pperformer or group of Performers may request contributions er of money or property at a performance, provided that ho-signs requesting contributions shall not exceed twelve (12) inches by eighteen (18) inches in size. Contributions may be received in any receptacle, such as an open musical instrument case, box or hat. Performers may offer for sale recordings items of their own artistic works, if the form of records, cassettes, videotapes of compact discs if said items directly relate to the performance for which they are permitted to perform. 7. On sidewalks, displays must not obstruct handicap accessibility ramps, doorways, or windows (i.e., performers shall not tape or post signs or posters on windows or lean displays against windows so as to obstruct a clear view through the window), and must not exceed more than twenty percent (20%) of the width of the sidewalk from the property line of the premises in front of which the display is installed. Displays and/or performer setups must be located at least ten 10) feet away from business doorways. Nothwithstanding Notwithstanding the foregoing, a performer may set up a display on the public sidewalk in front of a doorway to a business if the business is not open, assuming said display meets all other requirements of this Sectionsection. A performer or group of performers shall teave thebe required at all times to maintain four and one half (4 1/2) feet of sidewalk between their setup and the edge of the sidewalk forin order to allow for accessibility forte persons with disabilities. 8. In Apublic Aareas other than sidewalks, no such display shall exceed twenty-five (25) square feet, and it shall be prohibited to place a carpet, rug, blanket, tent or other such covering over grass in a public Areapface. No tents may be erected in public Areas without a tent permit from the Cambridge Fire Department. Any tent permit received from the Cambridge Fire Department must be current and on display at all times while any such tent is erected.. Tables and chairs may be used as long as they do not exceed the maximum footprint outlined in this OrdinanceSection. 9. Performance locations/spaces are first come, first servedred, and cannot be reserved with equipment, apparatus, or by persons not permitted to perform. Live performance must take place at all times while a performer, or group of performers, is set up. Fifteen (15) minute breaks between sets are allowed once per hour. 10. It shall be prohibited to use public furniture, whether movable or immovable, or Public Art structures as part of a performance setup or for the storage of equipment, displays, supplies, or materials used in any performance. FH. Exclusion of Public Areas. 1. A specific pPublic aArea may be excluded from performances in accordance with constitutional standards by a decision of the City Council after a public hearing, notice of which shall be advertised once in a local newspaper and on the Gambridge Arts Council's website, no less than fourteen (14) days prior to said hearing. In addition, a written notice shall be sent to the Street Artists Guild Community Arts Advocates, Inc., or its successors, not less than ten (10) days prior to said hearing. of a. Based upon evidence presented to the City Council during its deliberations on the adoption of thise eSection dinance-coditied in this section, the City Council designateds Brattle Street on both sides from the northerly side of Church Street to the northerly lot line of 76 Brattle Street as an excluded area, thereby prohibiting performances in that area. 4

i. Due to the proximity of Quincy Park to-a-residential area, a hotel, and a library, the City Council designates Quincy Park an exluded area, thereby prohibiting performances in that area. €. During the major reconstruction of the Central Square area scheduled to begin during 1996, the City Councit finds that, based upon evidence elicited at public hearing, issues of serious public safety will occur during said reconstruction of streets, sidewalks and infrastructure, and finds further that it will be necessary to temporarily exclude performances from said areas of reconstruction. The City Council hereby authorizes the City Manager of his designee to issue notices of exclusion from areas to be defined by the City Manager as the reconstruction proceeds. The City Manager shalt report to-the Council when the reconstruction has been completed: 2. In the case of an emergency, By decisien of the Chicf of Cambridge Police Commissioner or the Fire Chief may prohibit a performer or group of performers from performing in a particular location. in the case of such an emergencyz aAany holder of a ficense permit who disputes the need for said emergency exclusien performance prohibition may appeal to the City Council for review. 3. In the case of an emergency, By decision of the Commissioner of-_Public Works may prohibit a performer or group of performers from performing in a particular park or playground. in the case of such an emergency, regarding a park or playground,; Aany holder of a license permit who disputes the need for said emergency performance prohibitionexclusion may appeal to the City Council for review. Gl. Penalties. 1. Non-criminal Disposition. Whoever violates any provision of this sectionsection may be penalized by a non-criminal disposition as provided in G.L. c. 40, s-§ 21D. For purposes of this sectionSection, the following officials shall be enforcing persons: Police Defficers and/or Cambridge Arts Council staff. The penalty for each violation will be twenty-five dollars ($25). 2. Suspension of Permit. The Cambridge Arts Council and/or the Cambridge police Department may suspend a permitPermit for no more than thirty (30) days if: a. a performer is found to have knowingly provided false information in the application; or b. a performer has received three (3) noncriminal dispositions within one [1) calendar year. 3. Revocation of Permit. The Cambridge Arts Council may revoke a permitPermit for the remainder of the calendar year if: a. aA a performer has received five (5) non-criminal dispositions during that calendar year; b. Aa performer fails to clearly display his or her permitpermits while performing; or s. Aa performer fails to allow inspection of his or herthe permitPermit by any Cambridge- Police @Officer or any Eambridge Arts Council staff member upon request. 4. Before suspending or revoking a permitPermit, the Cambridge Arts Council must hold a public hearing, after ten 5

(10) days" written notice to the performer setting forth the facts constituting the basis for the proposed suspension or revocation. 5. A performer may not receive a permitPermit unless all tickets issued pursuant to this Section from the previous calendar yearls) have been paid in full. 1 Regulations. The Cambridge Arts Council shall have the authority to establish rules and regulations, with the approval of the City Manager, as may be appropriate or necessary for the implementation of this sectionSection. HK. Exclusivity. The provisions of this sectionsection take precedence over any other City regulations or ordinances applicable to street performances. To the extent other City regulations or ordinances are applicable and are inconsistent with this sectionsection, this sectionSection shall govern. Sound levels generated by street performances shall be governed by this sectionsection and not by the Cambridge City-Noise Ordinance. +L. Peace and Quiet. A performance in accordance with this ordinance Section shall be presumed not to constitute a disturbance of the peace or quiet. +M. Severability. The provisions of this section ection are severable, and if any part of this sectieSection should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of thise sectionSection and the remainder of thise sectionSection shalt stay in full force and effect. (Ord. No. 1176, Revised, 04/22/96; Ord. No. 1176, Revised, 04/22/96; Ord. No. 1176, Revised, 04/22/96, Ore. No.2?? Revised 12/19/16).

Chapter 12 Section 12.16.170 Street Performers A. Introduction. The City Council of the City of Cambridge (the "City") finds that the existence in the City of street performers provides a public amenity that enhances the character of the City and seeks to encourage such performances to the extent that they do not interfere with the reasonable expectations of residents to the enjoyment of peace and quiet in their homes, the ability of businesses to conduct their businesses uninterrupted, or for the free flow of traffic and movement on public ways, public sidewalks, and other public pedestrian areas (collectively hereinafter referred to as "Public Ways"). This Section seeks to balance the interests of the performers with those of the residents and businesses of the City. B. Enforcement. The City Council designates the Cambridge Arts Council (the "Arts Council") to be the department of the City primarily charged with the responsibility of supervising and enforcing the provisions of this Section. C. Definitions. 1. "Perform" inciudes, but is not limited to, the following activities: acting; singing; playing musical instruments; pantomime; juggling; magic; dancing; reading; reciting; puppetry; and sidewalk art (working with non-permanent, water-soluble media, such as chalk, pastels, or watercolors, directly on the pavement). "Perform" shall not include the production of items for sale, such as jewelry making or craft production, but may include the creation of visual artworks that are demonstrated live in a large-scale performative manner. 2. "Performer" means a person who has obtained a Permit pursuant to this Section. 3. "Public Areas" means Public Ways, parks, plazas, and playgrounds. D. Prohibition. 1. No person may perform in a Public Area without a Permit issued by the Arts Council pursuant to Subsection E of this Section. 2. In accordance with the Cambridge Fire Department's (the "Fire Department's") rules promulgated by the Cambridge Fire Chief (the "Fire Chief") pursuant to his authority under G. L. c. 148, § 28 and the Code of Massachusetts Regulations promulgated pursuant thereto, the use of fire in a public assembly, including, but not limited to, street performing, is not permitted in the City. E. Permit. 1. A Permit shall be issued by the Arts Councilto each applicant in exchange for a completed application and a fee of forty dollars ($40); the Permit application fee shall be reduced to twenty dollars ($20) for applicants who are students and present a current, valid student photo identification from an accredited school, college or university with the completed Permit application; the Permit application fee shall be waived in its entirety for applicants who request an application fee waiver based on indigence or homelessness and submit an affidavit signed under pains and penalties of perjury attesting to such indigent or homeless status at the time of submitting the completed Permit application. Each applicant for a Permit must present a valid photo identification at the time of submitting the application for a Permit. 1

2. A completed application for a Permit shall contain the applicant's name, residential address, telephone number, group name, if applicable, instrumentation, and type of performance, and shall be signed by the applicant. 3. A Permit shall contain the performer's name; group name, if applicable; Permit number; date issued; year in which the Permit is valid; and a brief description of the type of performance permitted. A Permit shall be valid from the date on which it is issued through the end of that calendar year. 4. A Permit shall not be transferable. Each member of a performing group who performs together shall be required to obtain an individual Permit in person. Performing groups of four or more performers shall pay the sum total of one hundred and sixty dollars ($160) or eighty dollars ($80) in the case of performing groups which consist of performers who are all students regardless of the total number of performers in the performing group. In no event shall any performing group, identified as such in each of their Permit applications and noted on their Permits, be charged more than one hundred and sixty dollars ($160) total for non-students or eighty dollars ($80) total for students for Permits for members of a group. All performers acquiring a Permit for a group performance must perform as a group; group Permits do not authorize individual performance. Each member of a student performing group must submit a valid student photo identification from an accredited school, college or university in person at the time of submitting their application for a group Permit. 5. Upon issuing a Permit, the Arts Council shall give the performer a copy of this Section. 6. If a performer loses his or her Permit, one replacement Permit per calendar year may be obtained for a fee of fifteen dollars ($15). F. Display of Permit. 1. A performer shall clearly display his or her Permit while performing, and shall allow inspection of the Permit by any Cambridge Police Officer ("Police Officer") or staff person of the Arts Council upon request. Refusal to allow inspection of a Permit upon request by a Police Officer or staff person of the Arts Council, or refusal to display a Permit, may result in the revocation of the Permit. G. Permitted Performances. 1. Performances may take place in the following locations: a. In Public Areas when not interfering with use of a park permit, special events permit, or regular use of playgrounds, except, within one hundred (100) feet of an elementary and/or secondary school, library, church, synagogue, temple, mosque, or other house of worship while in session, or a hospital at any time; and any areas excluded by the City Council, the Commissioner of the Cambridge Public Works Department (the "Commissioner of Public Works"), the Police Commissioner of the Cambridge Police Department (the "Police Commissioner"), or the Fire Chief, pursuant to Subsection H of this Section; 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, but only with the express permission of the sponsor or producer of such fair or festival. 2. Performances may take place at the following times: Monday through Thursday, between 7:00 a.m. and 11:00 p.m.; 2

Friday, between 7:00 a.m. and 12:00 midnight; Saturday, between 7:00 a.m. and 12:00 midnight; Sunday, between 12 noon and 11:00 p.m. 3. Sound and Noise Regulations: a. No performer or group of performers may generate noise exceeding a median sound level of eighty decibels (80 db(A)) measured at a distance of twenty-five (25) feet from the performer or group of performers. A performer or group of performers may use sound amplification as long as eighty decibels (80 db(A)) measured at a distance of twenty-five (25) feet from the performer or group of performers is not exceeded. Upon receipt of a complaint, a designated staff person from the Arts Council shall, with the permission of the complainant, measure the sound level inside the structure wherein the occupant has complained of noise from a street performance. If the sound level inside the structure wherein the occupant has complained of noise from a street performance exceeds a median sound level of fifty decibels (50 db(A)), and exceeds the background noise by at least ten decibels 110 db(Al), the performer or group of performers causing the excessive sound level shall either turn down the music or move to a distance from the structure so as to reduce the sound level to a level within these limitations. Background Noise will be measured using the L90 statistical value. b. It shall be prohibited to use prerecorded music as part of a performance, except as backup accompaniment to a live performance. All prerecorded music shall be turned off when the performer or group of performers is not performing. The volume of prerecorded music shail not exceed fifty (50) decibels db(A) on its own or eighty (80) decibels db(A) with music/audio accompaniment. c. Drums shall be inaudible at a distance of one hundred fifty (150) feet. 4. A performer or group of performers may not create an undue interference with the passage of the public through a Public Area. If a performer or group of performers attracts a crowd sufficient to obstruct a Public Area as defined in this Section, the performer or group of performers shall encourage the crowd to relocate and no longer obstruct the Public Area. A Police Officer may disperse the portion of the crowd that is creating the obstruction. The Police Officer shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order. A Police Officer shall not ask the performer to leave the location unless all other means of restoring the public safety or order have been exhausted. 5. No performer or group of performers may perform within fifty (50) feet of another performer or group of performers. 6.A Performer or group of Performers may request contributions of money or property at a performance, provided that signs requesting contributions shall not exceed twelve (12) inches by eighteen (18) inches in size. Contributions may be received in any receptacle, such as an open musical instrument case, box or hat. Performers may offer for sale items of their own artistic works if said items directly relate to the performance for which they are permitted to perform. 7. On sidewalks, displays must not obstruct accessibility ramps, doorways, or windows (i.e., performers shall not tape or post signs or posters on windows or lean displays against windows so as to obstruct a clear view through the window), and must not exceed more than twenty percent (20%) of the width of the sidewalk from the property line of the premises in front of which the display is installed. Displays and/or performer setups must be located at least ten (10) feet away from business doorways. Notwithstanding the foregoing, a performer may set up a display on the public sidewalk in front of a doorway to a business if the business is not open, assuming said display meets all other requirements of this Section. A performer or group of performers shall be required at all times to maintain 3

four and one half (4 1/2) feet of sidewalk between their setup and the edge of the sidewalk in order to allow for accessibility for persons with disabilities. 8. In Public Areas other than sidewalks, no such display shali exceed twenty-five (25) square feet, and it shall be prohibited to place a carpet, rug, blanket, tent or other such covering over grass in a Public Area. No tents may be erected in Public Areas without a tent permit from the Fire Department. Any tent permit received from the Fire Department must be current and on display at all times while any such tent is erected. Tables and chairs may be used as long as they do not exceed the maximum footprint outlined in this Section. 9. Performance locations/spaces are first come, first served, and cannot be reserved with equipment, apparatus, or by persons not permitted to perform. Live performance must take place at all times while a performer, or group of performers, is set up. Fifteen (15) minute breaks between sets are allowed once per hour. 10. It shall be prohibited to use public furniture, whether movable or immovable, or Public Art structures as part of a performance setup or for the storage of equipment, displays, supplies, or materials used in any performance. H. Exclusion of Public Areas. 1. A specific Public Area may be excluded from performances in accordance with a decision of the City Council after a public hearing, notice of which shall be advertised once in a local newspaper and on the Arts Council's website, no less than fourteen (14) days prior to said hearing. In addition, a written notice shall be sent to the Community Arts Advocates, Inc., or its successors), not less than ten (10) days prior to said hearing. a. Based upon evidence presented to the City Council during its deliberations on the adoption of this Section, the City Council designated Brattle Street on both sides from the northerly side of Church Street to the northerly lot line of 76 Brattle Street as an excluded area, thereby prohibiting performances in that area. 2. In the case of an emergency, the Police Commissioner or the Fire Chief may prohibit a performer or group of performers from performing in a particular location. In the case of such an emergency, any holder of a Permit who disputes the need for said emergency performance prohibition may appeal to the City Council for review. 3. in the case of an emergency, the Commissioner of Public Works may prohibit a performer or group of performers from performing in a particular park or playground. In the case of such an emergency, any holder of a Permit who disputes the need for said emergency performance prohibition may appeal to the City Council for review. I. Penalties. 1. Non-criminal Disposition. Whoever violates any provision of this Section may be penalized by a non-criminal disposition as provided in G. L. c. 40, $ 21D. For purposes of this Section, the following officials shall be enforcing persons: Police Officers and/or Arts Council staff. The penalty for each violation will be twenty-five dollars ($25). 2. Suspension of Permit. The Arts Council and/or the Cambridge Police Department may suspend a Permit for no more than thirty (30) days if: a. a performer is found to have knowingly provided false information in the application; or 4

b. a performer has received three (3) noncriminal dispositions within one (1) calendar year. 3. Revocation of Permit. The Arts Council may revoke a Permit for the remainder of the calendar year if: a. a performer has received five (5) non-criminal dispositions during that calendar year; b. a performer fails to clearly display his or her Permit while performing; or c. a performer fails to allow inspection of his or her Permit by any Police Officer or any Arts Council staff upon request. 4. Before suspending or revoking a Permit, the Arts Council must hold a public hearing, after ten (10) days' written notice to the performer setting forth the facts constituting the basis for the proposed suspension or revocation. 5. A performer may not receive a Permit unless all tickets issued pursuant to this Section from the previous calendar year(s) have been paid in full. J. Regulations. The Arts Council shall have the authority to establish rules and regulations, with the approval of the City Manager, as may be appropriate or necessary for the implementation of this Section. K. Exclusivity. The provisions of this Section take precedence over any other City regulations or ordinances applicable to street performances. To the extent other City regulations or ordinances are applicable and are inconsistent with this Section, this Section shall govern. Sound levels generated by street performances shall be governed by this Section and not by the Cambridge Noise Ordinance. L. Peace and Quiet. A performance in accordance with this Section shall be presumed not to constitute a disturbance of the peace or quiet. M. Severability. The provisions of this Section are severable, and if any part of this Section should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of this Section and the remainder of this Section shall stay in full force and effect. (Ord. No. 1176, Revised, 04/22/96; Ord. No. 1176, Revised, 04/22/96; Ord. No. 1176, Revised, 04/22/96). 5

ATTACHMENT B Chapter 12 Section 12.16.170 Street Performers (Councillor Kelley's amendments in yellow) A. Introduction. The City Council of the City of Cam bridge (the "City") finds that the existence in the City of street performers provides a public amenity that enhances the character of the City and seeks to encourage such performances to the extent that they do not interfere with the reasonable expectations of residents to the enjoyment of peace and quiet in their homes, or to the ability of businesses to conduct their businesses uninterrupted, or for the free flow of traffic and movement on public ways, public sidewalks, and other public pedestrian areas (collectively hereinafter referred to as "Public Way s"). This sectionSection seeks to balance the interests of the performers with those of the residents and businesses of the City. B. Enforcement. The City Council designates the Cambridge Arts Council Council (the " Arts Co uncil" ) of the City to be the agent department of the City primarily charged with the responsibility of supervising and enforcing the provisions of this sectionSection. AC. Definitions. 1. "Perform" includes, but is not limited to, the following activities: acting;; singing;: playing musical instruments, _pantomime,; juggling, magic, dancing;, reading;, reciting; puppetry, and sidewalk art (working with non- permanent, water-soluble media, t.e.,such as chalk, pastels, or watercolors, etc.directly on the pavement), and reciting. "Perform" shall not include the production of items for sale., such as jewelry making or craft production, but may include the creation of visual artworks that are demonstrated live in a large-scale performative manner. 2. "Performer" means a person who has obtained a permitPermit pursuant to this sectionSection. 3. "Public aAreas" means Public wWays, including, sidewalks, parks, plazas, and playgrounds. and other Cambridge pedestrian areas: BD. Prohibition. 1. No person may perform in a public aArea without a permitPermit issued by the Arts Council pursuant to subSubsection CE of this sectionSection. 2. In accordance with the Cambridge Fire Department's (the "Fire Department's") rules issuedpromulgated by the Cambridge Fire Chief (the "Fire Chief") under pursuant to his authority under G. L. c. 148, § 28 and the Code of Massachusetts Regulations promulgated pursuant thereto, the use of fire in a public assembly, including, but not limited to, street performing, is not permitted in the City, of Cambridge (the " City "t = CE. Permit. 1.A ApPermit shall be issued by the Cambridge Arts Council to each applicant therefore in exchange for a completed application and a fee of forty dollars ($40); the Permit application fee shall be reduced to twenty dollars ($20) for applicants who are students and present a current, valid student photo identification from an accredited school, college or university, or appropriate home school documentation, with the completed Permit application; the Permit application fee shall be waived in its entirety for applicants who request an application fee waiver based on indigence or homelessness and submit an

affidavit signed under pains and penalties of perjury attesting to such indigent or homeless status at the time of submitting the completed Permit application. Each applicant for a permitPermit must present valid a valid photo identification at the time of submitting the application for a Permit. 2. A completed application for a Permit, and the permit itself, shall contain the applicant's name, residentialee address, and contact information to include email and telephone number if applicable, group name, if applicable, instrumentation, and type(s) of performance,; and shall be signed by the applicant. 3. A permitPermit shall contain the performer's name; group name, if applicable; permitPermit number; date issued; year in which the permitPermit is valid; and a brief description of the type of performance permitted. A permitPermit shall be valid from the date on which it is issued through the end of that calendar year. 4. A permitPermit shall not 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-performing group whe play performs together shall be required to obtain an individual permitPermit in person. Performing groups of four or more performers shall pay the sum total of one hundred and sixty dollars ($160) or eighty dollars ($80) in the case of performing groups which consist of performers who are all students in exchange for one permit per person in the group regardless of the total number of performers in the performing group.- In no event shall any group of performersperforming group, identified as such in each of their permitPermit applications and noted on their permitPermits, be charged more than one hundred and sixty dollars ($160) total for non-students or eighty dollars ($80) total for students for permitPermits for group members of a group. All personsperformers acquiring a permitPermit for a group performance must perform as a group; group permitPermits do not authorize individual performance. Each member of a student performing group must submit a valid student photo identification from an accredited school, college or university in person at the time of submitting their application for a group Permit. 5. Upon issuing a permitPermit, the Cambridge Arts Council shall also give the performer a copy of this Sectionsection. 6. If a performer loses their his or her permitPermit, one replacement permit per calendar year may be obtained for a fee of fifteen dollars ($15). ĐF. Display of Permit. 1. A performer shall clearly display his or her-their permitPermit while performing, and shall allow inspection of the permitPermit by any Cambridge police Officer ("Police Officer") or staff person of the Cambridge Arts Council upon request. Refusal to allow inspection of a permitPermit upon request by a Gambridge-Police Officer or staff person of the Cambridge Arts Council, or refusal to display a permitPermit, may result in the revocation of the permitPermit. EG. Permitted Performances. 1. Performances may take place in the following locations: a. In Public aAreas when not interfering with use of a park permit, special events permit, or regular use of playgrounds, except, within one hundred (100) feet of an elementary and/or secondary school, library, of church, synagogue, temple, mosque, or other house of worship -while in session, or a hospital at any time;, and any except public areas excluded by the City Council, the Commissioner of the Cambridge Public Works Department (the "Commissioner of Public Works"), or the Chief of Police Commissioner of the Cambridge Police Department (the "Police Commissioner"), or the Fire Chief, pursuant to subSubsection HF of this Sectionection; 2

b. On private property, with the written permission of the owner or other person in control of such property; c. In public aAreas where an authorized street fair or public festival is being conducted, but only with the express permission of the sponsor or producer of such fair or festival. 2. Performances may take place at the following times: a. Monday through Thursday, between 7:00 a.m. and 11:00 p.m.; Friday, between 7:00 a.m. and 12:00 midnight; p.m. ?l Saturday, between 7:00 a.m. and 12:00 midnight; p.m. Sunday, between 12 noon and 11:00 p.m. Đ. In the public space at the intersection of Mt. Auburn Street and JFK Street, known as Winthtop Park, performances may take place at the following times: Monday through Thursday, between 7:00 a.m. and 10:00 p.m. Friday, between 7:00 a.m. and 11:00 p.m. Saturday, between 8:00 a.m. and 11:00 p.m. Sunday, between 12:00 noon and 10:00 p.m. 3. Sound and Noise Regulations: a. No performer or group of performers may generate noise exceeding a median sound level of eighty decibels 180 db(A)) measured at a distance of twenty-five (25) feet from the performer or group of performers. A performer or group of performers may use sound amplification as long as eighty decibels (80 db(A)) measured at a distance of twenty-five (25) feet from the performer or group of performers this sound level is not exceeded. Upon receipt of a complaint-by a resident, a designated staff person from the Cambridge Arts Council shall, with the permission of the residentcomplainant, measure the sound level inside the residential dwelling. structure wherein the occupant has complained of noise from a street performance. If the sound level inside the structure wherein the occupant has complained of noise from a street performance exceeds a median sound level of fifty decibels (50 db(A)), and exceeds the background noise by at least ten decibels (10 Ddb(A), the performer or group of performers causing the excessive sound level shall either turn down the music or move to a distance from the residence structure so as to reduce the sound level to a level within these limitations. Background aNoise will be measured using the L90 statistical value. for this purpose shall mean te. For the purpose of this Ordinance, Legis the sound pressure level that has been exceeded 90 percent of the time; the level is taken to be the background sound pressure level. b. It shall be prohibited to use prerecorded music as part of a performance, except as backup accompaniment to a live performance. All prerecorded music shall be turned off when the performer or group of performers is not performing. The volume of prerecorded music shall not exceed fifty (50) decibels db(A) on its own or eighty (80) decibels db(A) with music/audio accompaniment. Đc. Drums shall be inaudible at a distance of one hundred fifty (150) feet. 4. A performer or group of performers may not create an undue interference with the passage of the public through a public aArea. If a performer or group of performers attracts a crowd sufficient to obstruct the a Public wAreaay as defined in this OrdinanceSection, the performer or group of performers shall encourage the crowd to relocate and no longer obstruct the Public Areaway. aA Police Officer or Cambridge Arts Council Staff may disperse the portion of the crowd that is creating the obstruction. The police Officer or Cambridge Arts Council 3

Staff shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order. A Police Officer or Cambridge Arts Council Staff shall not ask the performer to leave the location unless all other means of restoring the public safety or order have been exhausted. 5. No performer or group of performers may perform tess-within than fifty (50) feet offrom another performer or group of performers. 6. A performer or group of performers may request contributions or of money or property at a performance, provided that no signs requesting contributions shall not exceed twelve (12) inches by eighteen (18) inches in size. Contributions may be received in any receptacle, such as an open musical instrument case, box or hat. Performers may offer for sale recordings items of their own artistic works, in the form of records, cassettes, videotapes of compact dises if said items directly relate to the performance for which they are permitted to perform. 7. On sidewalks, displays must not obstruct handicap-accessibility ramps, doorways, or windows (i.e., performers shall not tape or post signs or posters on windows or lean displays against windows so as to obstruct a clear view through the window), and must not exceed more than twenty percent (20% of the width of the sidewalk from the property line of the premises in front of which the display is installed. Displays and/or performer setups must be located at least ten (10) feet away from business doorways. NothwithstandingNotwithstanding the foregoing, a performer may set up a display on the public sidewalk in front of a doorway to a business if the business is not open, assuming said display meets all other requirements of this Sectionsection. A performer or group of performers shall leave thebe required at all times to maintain four and one half (4 1/2) feet of sidewalk between their setup and the edge of the sidewalk forin order to allow for accessibility forte persons with disabilities. 8. In public Aareas other than sidewalks, no such display shall exceed twenty-five (25) square feet, and it shall be prohibited to place a carpet, rug, blanket, tent or other such covering over grass in a public Areaplace. No tents may be erected in public aAreas without a tent permit from the Cambridge Fire Department. Any tent permit received trom the Cambridge- Fire Department must be current and on display at all times while any such tent is erected. Tables and chairs may be used as long as they do not exceed the maximum footprint outlined in this OrdinanceSection. 9. Performance locations/spaces are first come, first servedred, and cannot be-'reserved with equipment, apparatus, or by persons not permitted to perform. Live performance must take place at all times while a performer, or group of performers, is set up. Fifteen (15) minute breaks between sets are allowed once per hour. 10. It shall be prohibited to use public furniture, whether movable or immovable, or Public Art structures as part of a performance setup or for the storage of equipment, displays, supplies, or materials used in any performance. FH. Exclusion of Public Areas. 1. A specific public aArea may be excluded from performances in accordance with constitutional standards by a decision of the City Council after a public hearing, notice of which shall be advertised once in a local newspaper and on the Cambridge Arts Co uncil's we bsite, no less than fourteen (14) days prior to said hearing. In addition, a written notice shall be sent to the Street Artists Guild Community Arts Advocates, Inc., or its successor(s), not less than ten (10) days prior to said hearing.; or a. Based upon evidence presented to the City Council during its deliberations on the adoption of thise Sectionrdinance codified in this section, the City Council designateds Brattle Street on both sides from the northerly side of Church Street to the northerly lot line of 76 Brattle Street as an excluded area, thereby prohibiting performances in that area. 4

b. Due to the proximity of Quincy Park to a residential area, a hotel, and a library, the City Council designates Quincy Park an exluded area, thereby prohibiting performances in that area. €. During the major reconstruction of the Central Square area scheduled to begin during 1996, the City Council finds that, based upon evidence elicited at public hearing, issues of serious public safety will occur during said reconstruction of streets, sidewalks and infrastructure, and finds further that it will be necessary to temporarily exclude performances from said areas of reconstruction. The City Council hereby authorizes the City Manager or his designee to issue notices of exclusion from areas to be defined by the City Manager as the reconstruction proceeds. The City Manager shall report to the Council when the reconstruction has been completed. 2. In the case of an emergency, By decision of the Chief of Cambridge Police Commissioner or the Fire Chief may prohibit a performer or group of performers from performing in a particular location. -in the case of such an emergency aAany holder of a license permit who disputes the need for said emergency exclusion performance prohibition may appeal to the City Council for review. 3. In the case of an emergency, By decision of the Commissioner of Public Works may prohibit a performer or group of performers from performing in a particular park or playground. in the case of such an emergency, regarding a park or playground: aAany holder of a license Permit who disputes the need for said emergency performance prohibitionexclusion may appeal to the City Council for review. Gl. Penalties. 1. Non-criminal Disposition. Whoever violates any provision of this sectionSection may be penalized by a non-criminal disposition as provided in G. L. c. 40, s.§ 21D. For purposes of this sectionSection, the following officials shall be enforcing persons: Police Officers and/or Cambridge Arts Council staff. The penalty for each violation will be twenty-five dollars ($25). 2. Suspension of Permit. The Cambridge Arts Council and/or the Cambridge Police Department may suspend a permitPermit for no more than thirty (30) days if: a. a performer is found to have knowingly provided false information in the application; or b. a performer has received three (3) noncriminal dispositions within one (1) calendar year. 3. Revocation of Permit. The Cambridge Arts Council may revoke a permitPermit for the remainder of the calendar year if: a. -aA a performer has received five (5) non criminal dispositions during that calendar year; b. Aa performer fails to clearly display his or her permitPermits while performing; or c. Aa performer fails to allow inspection of his or herthe permitPermit by any-Cambridge Police Officer or any Cambridge Arts Council staff member upon request. 4. Before suspending or revoking a permitPermit, the Cambridge Arts Council must hold a public hearing, after ten 5

(10) days written notice to the performer setting forth the facts constituting the basis for the proposed suspension or revocation. 5. A performer may not receive a permitPermit unless all tickets issued pursuant to this Section from the previous calendar year(s) have been paid in full. 1. Regulations. The Cambridge Arts Council shall have the authority to establish rules and regulations, with the approval of the City Manager, as may be appropriate or necessary for the implementation of this sectionSection. HK. Exclusivity. The provisions of this sectionSection take precedence over any other City regulations or ordinances applicable to street performances. To the extent other City regulations or ordinances are applicable and are inconsistent with this sectionSection, this sectionSection shall govern. Sound levels generated by street performances shall be governed by this sectionSection and not by the Cambridge City Noise Ordinance. +L. Peace and Quiet. A performance in accordance with this ordinance Section shall be presumed not to constitute a disturbance of the peace or quiet. +M. Severability. The provisions of this sectionSection are severable, and if any part of this sectionSection should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of thise sectionSection and the remainder of thise sectionSection shall stay in full force and effect. (Ord. No. 1176, Revised, 04/22/96; Ord. No. 1176, Revised, 04/22/96; Ord. No. 1176, Revised, 04/22/96, Ord. No.??? Revised 12/19/16)- 6