The proposed amended Street Performers Ordinance. QUESTION COMES ON PASSAGE

That the Municipal Code of the City of Cambridge be amended in Title Twelve entitled “Streets, Sidewalks and Public Places” in Chapter 12.16 entitled “Street and Sidewalk Use Regulations” Section 12.16.170 entitled “Street Performers” by striking out the section in its entirety and substituting in place thereof a new section 12.16.170 entitled “Street Performers” which reads as follows:

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" 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.

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2. "Performer" means a person who has obtained a Permit pursuant to this Section.

3. A “Performing Group” means a group of four or more Performers who perform together, are identified as such in their permit application, and noted as such on their Permits. All Performers acquiring a Permit for a group performance must perform as a group; group Permits do not authorize individual performance. 4. "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 at no fee. Each applicant for a Permit must present valid identification at the time of submitting the application for a Permit.

2. A completed application for a Permit shall contain the applicant's name, residential address, contact information, including e-mail address and 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.

5. Upon issuing a Permit, the Arts Council shall give the Performer a copy of this Section.

6. If a Performer loses the Performer’s Permit, a replacement Permit may be obtained at no fee.

F. Display of Permit.

1. A Performer shall clearly display the Performer’s 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, 3

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.; 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 Performing Group 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 Performing Group. A Performer or Performing Group 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 Performing Group 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 Performing Group 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.