The Street Performers Ordinance as well as Arts Council staffing and programming

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, 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 Council to 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. 2

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.; 3

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 (10 db(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 structure so as to reduce the sound level to a level within these limitations. Background Noise will be measured using the L90 statistical value.