Busking Law Interpretation

[rs1sensen]

I've recently gained the courage to go out busking, and have been doing the due dilligence work to determine if in Grand Rapids, MI I require a permit, or if busking is allowed at all. However, it seems like the clerk's office isn't quite sure if I need a permit or not, and I was curious if any of the buskers here might have experience with interpreting the city codes.

Grand Rapids City Code is here:
http://www.municode.com/resources/gateway.asp?pid=12116&sid=22


Chapter 99, Transient Merchants, states that a license is recovered for
Transient Merchants. Specifically, it seems like street musicianship
would be covered under the definition of "Hawker."


b. Hawker means any person who offers goods, property or services for sale in the streets, highways, thoroughfares or public rights-of-way of the City by crying out, or by signals, music or other noise.

Also, this could seem to prohibit playing music:


Sec. 7.258. Practices Prohibited.
No transient merchant shall, while in any public place, shout or cry out his or her goods or merchandise, nor blow any horns, ring any bell, broadcast or play any sound, or use any similar device to attract the attention of the public.


at the same time, this section seems to indicate that a licensed peddler may make noise 9.63:


(1) No person shall make, or cause, permit or allow to be made, upon a public way, or in such close proximity to a public way as to be distinctly and loudly audible upon such public way, any noise of any kind by crying, calling or shouting, or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand organ, mechanically operated piano, other musical instrument, wind instrument, mechanical device, radio, phonograph, sound amplifying or other similar electronic device; provided that a licensed peddler is not hereby restricted or prohibited so long as he or she shall have met the requirements and conditions hereinafter specified in subsection (5) nor does this prohibition apply to all bands and orchestras or similar musical bodies utilized as part of a parade or similar authorized musical production.

Under 7.259, Excempt Persons, it looks like I would be ok provided I claimed I was representing a fraternal organization (ie. Phi Mu Alpha Sinfonia). However, 7.258 might still apply against me.


(3) Any person who is the duly authorized representative or agent of any church, charitable or labor organization, education or fraternal organization, or of any political group seeking funds or membership or contacting members or electors.

Under Chapter 92, Fees and Bonds Required, I found two possible
permits:

LIVE ENTERTAINMENT PERMIT (7.349)
TRANSIENT MERCHANT (7.254) (Permit For a Year & Special Event Permits)




The clerk employee I talked to said that everything seemed rather gray, and that as long as I didn't obstruct traffic, I'd most likely be fine. Based on the information above, what would you all suggest? I'm going to contact the employee directly responsible for permits tomorrow, but right now am leaning towards just doing it until someone asks me to move along.

[bandmommy]

Were you planning on going downtown, or out to one of the Malls?

The location may make a difference on whether you need a permit or not.

[andrewharwood]

Next time you are in the area where you'll be busking, stop a by-law officer or even a city cop and ask. they are going to be the one's giving you the ticket, not the clerk, right?

They should know that section of the law pretty well because its their 'beat' (pardon the musical pun). Since you have that cop stopped, ask him/her what you would do if another officer, who might interpret the law differently, tries to give you a ticket. Can you be issued a ticket if another officer told you its alright? Especially if you take the name/badge number of the officer who told you that it was okay.

Obviously, do this respectfully, because your kind of dancing on the line and they could easily tell you that you need a permit - but atleast by asking them your showing some professionalism, hopefully you can save yourself the permit money.

[MartinMusicMan]

I'm certainly no expert, but my reading of the code sections you quote is that you are not a "hawker" because you are not offering goods, property or services FOR SALE. If you're busking, you're essentially playing for free and leaving it up to people on the street if they want to donate to a worthy cause, i.e., you. Grand Rapids probably hasn't had to develop a permit process but it hasn't been an issue before. It does seem like a gray area there. You could be a pioneer and establish the practice. Be the first in Grand Rapids to busk.

I would say that if the city clerk's office isn't sure whether you need a permit or not, then you don't. And if you can quote them as telling you that as long as you didn't obstruct traffic, you'd most likely be fine, then you essentially have the city clerk's approval. I'd agree with you - do it until somebody asks you to move along. Then move to a new spot and try again. :)

[bandmommy]

The thing is, "Grand Rapids" is really only the downtown section. I don't even think that the downtown has cops that actually walk a beat so to speak. There are other areas people call Grand Rapids that are actually Wyoming, Kentwood, Cascade, Grandville,,, Each having it's own set of ordinances.

That's why I asked where he was planning on going. He may want to check with those city clerks as well.

[MartinMusicMan]

He may want to check with those city clerks as well.
Good point. However, a principle I use frequently in dealing with government is: never ask a question which you don't want to hear the answer to.

One thing I do know is that shopping malls are private property. If you're gonna busk and see what happens, make sure you do it on a city street or anywhere that's clearly public property.

[bandmommy]

A good place to give it a go would be A-Nab-A-Wan Park. There's a lot of foot traffic around the Gerald Ford Museum during the warmer months. Especially at lunch time.

[jordanreed]

go ahead and do it...just play anywhere you want...if its a problem, then you will be told "its a problem"... so you stop. I dont think a cop would give you a ticket without first warning you..and if he does?..so be it...

[rs1sensen]

Hey everybody, walked downtown tonight and asked a couple police officers about it. They said that they have no problems whatsoever with street musicians, provided it isn't like "a 12 piece band that the whole city can hear." They mentioned a couple streets where the sidewalks were owned by the businesses and not the city, but he said that I am totally fine on any city property. No permit necessary.

Bandmommy, I'm planning on sticking downtown. Roughly around Rosa Parks Circle, Devos Center, and Van Andel. Those areas always seem to have really high foot traffic since there are always shows or conferences going on. I'm not really interested in the malls, I suppose mostly because it seems "less glamorous" to me. ha!

In a day or two Michael Bublé is in town. I think I'll go down there, maybe play some Sinatra or something before the show :)

[Al Stevens]

http://www.google.com/search?hl=en&q=busking

[MartinMusicMan]

good on ya, then

[bandmommy]

I'll be looking for you around the VanAndle Sunday night then.
I'm taking my 2 younger daughters to that concert.

[rs1sensen]

Sounds good! I'll keep an eye out.

Do you (or your daughters) have any requests?

[bandmommy]

If you know any Gershwin, 'Someone to Watch Over Me' is one of my favorites.

This may be a stupid question but.... Do you know what I look like? :shock: :D

[rs1sensen]

well...I had anticipated that you would bring your sheep with you... they'd make it easy to spot you. hehe

Um, actually no idea whatsoever beyond the wedding picture of you to the left. But, that coupled with your age on your profile, could allow me to guess. (of course, you look exactly the same! how many stunningly beautful women can I expect to run into on a Sunday night? :) )

[bandmommy]

You sweet little butt kisser!

If I do happen to see you I'll be sure to drop a bit of cash in the bell of your horn.

[rs1sensen]

You sweet little butt kisser!

If I do happen to see you I'll be sure to drop a bit of cash in the bell of your horn.

I knew the sheep comment would get ya :)

[bandmommy]

I've never been stunningly beautiful. Just kinda' cute in my younger days. :)

[Carl H.]

I but you could do stunning, most farm girls can.

[bandmommy]

I know that on my daughters wedding day I will be almost beautiful.

I sure hope you weren't thinking cattle prod.

[Carl H.]

I sure hope you weren't thinking cattle prod.

No, but it's always good to have a backup plan

[bandmommy]

That's a relief.

My back up plan involves soft lighting.

[AustinBrister]

Hey guys, law student here... you still need help? I'd be willing to research the caselaw, and interpret the statutes for you if you're still interested. Yes? No?

Take Care!