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Town of Nantucket, MA
Nantucket County
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Table of Contents
Table of Contents
Code
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[Adopted 5-5-1992 ATM by Art. 76, approved 8-3-1992; amended in its entirety 4-10-1995 ATM by Art. 70, approved 5-25-1995]
A. 
Purpose. The Select Board finds that the existence of Town street performers provides a public amenity and enhances the character of the Town and seeks to encourage such performances to the extent that they do not interfere with the reasonable expectations of residents of the enjoyment of peace and quiet in their homes and businesses. This article seeks to balance the interests of the performers with those of the residents of the Town of Nantucket.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B. 
Definitions. The following words used in this article shall have the following meanings, unless a different meaning is clearly apparent from the language or text:
SELECT BOARD or SELECT BOARD MEMBERS
The duly elected members of the Select Board for the Town of Nantucket, Massachusetts.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
PERFORMER
A person who has obtained a permit pursuant to this article.
PERFORMING
Includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading and reciting.
PERMIT
The permit issued by the Town for street performers.
POLICE OFFICER or OFFICER
Any officer authorized to make arrests or serve criminal process, provided that he/she is in uniform and displays his/her badge of office.
PUBLIC AREAS
All public sidewalks, bicycle paths, beaches, parks, playgrounds and all public ways in Nantucket.
TOWN
The Town and County of Nantucket, Massachusetts.
No person may perform in a public area without a permit pursuant to § 105-16 of this article.
A. 
A street performer's permit shall be issued by the Town to each applicant in exchange for a completed application and payment of the applicable fee as from time to time is determined by the Select Board.
[Amended 4-30-2003 ATM by Art. 59, approved 6-30-2003; 4-6-2015 ATM by Art. 78, approved 8-5-2015; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B. 
A completed application for a permit, and the permit itself, shall contain such information as may be required by the Town and shall include the applicant's name, current address, permanent address, and telephone number. The permit application shall be signed by the applicant and it shall specify the type of performance for which a permit is requested.
[Amended 4-6-2015 ATM by Art. 78, approved 8-5-2015]
C. 
The permit shall be valid from the date on which it is issued to the end of that calendar year.
D. 
The permit shall be nontransferable and shall state the applicant's name, type of performance, 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.
A performer shall clearly display his/her permit while performing and shall allow inspection of the permit by any officer authorized to enforce this article on request.
A. 
Performances may take place in the following locations:
(1) 
In public areas, except within 100 feet of an elementary school, secondary school, church while in session or a hospital open at any time, further to except within 15 feet of a public entryway of an open business and further to except public areas excluded by the Select Board or the Chief of Police pursuant to § 105-19.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
(2) 
On private property with the written permission of the owner or other person in lawful control of such property.
(3) 
In public areas where the Town has authorized a street fair or public festival to be conducted, with the permission of the sponsor of such fair or festival.
B. 
Performance may take place at the following times:
(1) 
Monday through Saturday between 7:00 a.m. and 10:00 p.m.
(2) 
Sundays between 10:00 a.m. and 10:00 p.m.
C. 
No performer or group of performers may generate sound exceeding a sound level of 80 decibels (db) measured at a distance of 50 feet from the performer or group of performers. The use of sound amplification equipment, equipment or devices to provide background, pre-recorded accompaniment or electronic tempo or background music is expressly prohibited. The use of devices or equipment to generate original sound such as an electric guitar amplifier or electric keyboard shall not be prohibited. The use of internal combustion power generators is prohibited.
[Amended 4-6-2015 ATM by Art. 78, approved 8-5-2015]
D. 
A performer may not create any interference with the traffic flow of the public through a public area. The use or placement of power cords along or across a public sidewalk or way is prohibited.
[Amended 4-6-2015 ATM by Art. 78, approved 8-5-2015]
E. 
If a performer attracts a crowd sufficient to interfere with traffic flow of the public through a public area or endanger the safety of the public or if said crowd becomes disorderly, the police officer shall first request that the crowd disperse or, if necessary, thereafter request that the performer leave the location.
F. 
No performer or group of performers may perform less than 75 feet from another performer or group of performers.
G. 
A performer may request contributions at a performance, provided that no sign requesting contributions shall exceed 12 inches by 18 inches in size. Contributions may be received in a receptacle, such as an open musical instrument case, box or hat. The placement of any type of blanket or covering over any sidewalk or street during a performance shall be prohibited.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
A. 
A specific public area may be excluded from performances by decision of the Select Board after a public hearing, notice of which shall be advertised once in a local newspaper no less than seven days prior to said hearing.
B. 
A specific public area may be excluded from performances by decision of the Chief of Police to adequately protect the public or to preserve order. Any permit holder who disputes the the need for said exclusion may appeal to the Select Board for review.
[Amended 4-10-1995 ATM by Art. 71, approved 5-22-1995]
A. 
Noncriminal disposition. Whoever violates any provision of this article may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D. The penalty for each violation shall be $100.
[Amended 4-6-2015 ATM by Art. 78, approved 8-5-2015]
B. 
Suspension of permit. A performer who provides false information on the application may have his/her permit permanently suspended. If a performer is found to be in violation of any other provision of this article, the Chief of Police may suspend a permit for no more than 30 days. Any permit holder who disputes the suspension may appeal to the Select Board.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The provisions of this article shall take precedence over any other Town regulations or bylaws applicable to street performances. To the extent other Town regulations or bylaws are applicable and are inconsistent with this article, this article shall govern.
The provisions of this article are severable, and if any part of this article should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the article, and the remainder of the article shall stay in full force and effect.