UPDATED: March 17 3:30 p.m.
A noise violation ticket issued to a street musician last weekend has been downgraded to a warning.
After reviewing the circumstances leading up to the $500 ticket being issued, City of Kelowna staff decided to seek a more cooperative approach to resolving the musician含羞草研究社檚 use of an amplifier on downtown streets.
含羞草研究社淲e always try for a cooperative approach and use a ticket as a last resort,含羞草研究社� said Rob Mayne, divisional director of corporate and protective services. 含羞草研究社淭he bylaw officer tried this approach initially, but was unable to negotiate a solution in the moment with the performer and decided to issue the ticket.含羞草研究社�
Bylaw enforcement officers act on these cases when they receive a complaint. A complaint from an occupant of a building where the musician was performing was answered by the officer on Saturday.
含羞草研究社淎lthough we have issued warnings to this performer last summer and even the day before he was ticketed, we are willing to try again. We want to arrive at a solution that is fair to all the other buskers who do comply with the rules,含羞草研究社� said Mayne.
Festivals Kelowna operates the busking program and permits to ensure street performers have equal opportunities to locations and appropriate sound levels for amplified music. The Busk Stop program approves sound levels that the amplifier can be used at, and that information is recorded on the permit.
The reason bylaw or RCMP officers ask performers to carry their permit is to determine if the musician has connected with the Festivals Kelowna program.
含羞草研究社淏ylaw officers have the difficult job of reacting to complaints from property owners and residents, while educating those who are not complying with bylaws to get them to change their behaviour. In this case, we wanted to take another try at finding a cooperative solution,含羞草研究社� said Mayne.
ORIGINAL STORY:
A video lfilmed Saturday while being ticketed by a Kelowna bylaw officer is rapidly spreading through social media and raising a new round of questions about this city含羞草研究社檚 busking regulations.
In the video, Elliot explains that he was issued a $500 ticket for making a public disturbance while playing some songs at a stop on Bernard Avenue.
The ticket, he was told by the city officer in the brief video, was based out of the Kelowna Noise and Disturbances control bylaw.
含羞草研究社淚f there含羞草研究社檚 been a complaint let me know,含羞草研究社� Elliot asked the bylaw officer.
The bylaw officer then asks if he can see Elliot含羞草研究社檚 busking permit.
含羞草研究社淲hile you are not at a busking stop, you are asked not to show the busking licence,含羞草研究社� Elliot said. For the interaction, Elliot was left with a ticket.
Elliot later said that police described the costly interaction between bylaw and the musician as a 含羞草研究社減issing match含羞草研究社� and that there was no public complaint to have triggered the interaction. In fact the only public input in the video is someone saying that they enjoyed his music, while they refer to the officer with a disparaging term.
Elliot also correct about his right to busk.
While Festivals Kelowna does maintain 含羞草研究社渂usking zones含羞草研究社� for musicians licensed under the Kelowna Buskers program, there is no law against unlicensed musician being tipped for their performance or for busking.
Busking, which is the practise of performing in public places for tips and gratuities, is a staple in the city含羞草研究社檚 cultural policy and the busking program is often funded by council who, through policy, encourage local and touring, professional and amateur, buskers to perform their fun art form.
Buskers may do anything that will entertain people such as mime, physical comedy, juggling, puppetry, playing an instrument, or singing.
Elliot said he won含羞草研究社檛 be able to afford to pay the ticket, particularly if he含羞草研究社檚 unable to keep busking, so he含羞草研究社檚 asked that the community help and, while they含羞草研究社檙e at it, offer their opinion on busking.
More to come.
