According to councilor Ned Raynolds, a city ordinance banning amplified sound has been applied to street performers based on an incorrect interpretation.

Raynolds is a strong supporter of Busk Till Dusk, a grassroots effort to encourage buskers to perform on the streets of downtown Portsmouth on Saturday, July 22, to both entertain visitors and encourage artists to perform downtown on a regular basis. Busk Till Dusk has slots for 70 different street performers at 10 different locations throughout downtown Portsmouth, from 1 to 8 p.m.

Performers can register to be part of the action at www.busktilldusk.com.

Confusion remains regarding the use of amplification by street performers, and Raynolds and city councilor Chris Dwyer are currently discussing the interpretation of this ordinance with city attorney Robert Sullivan.

“It was assumed that street performers would need to plug in amplification equipment to a commercial establishment’s outlet, and that act would constitute a non-permitted use of the property,” says Raynolds. “I’ve objected to this (interpretation) on two levels; one, I don’t agree that allowing a street performer to use an outlet constitutes attracting attention to a commercial establishment—I think it constitutes supporting public art; two, technology has advanced so that performers don’t need to plug directly into an outlet for their amplification.”

Currently, the city’s regulations regarding street performers, posted on the city Web site, state, “Sidewalk performers are . . . subject to noise, sidewalk obstruction, vending and other ordinances in the same manner as all other persons. As a result, sidewalk performers are not permitted to use amplification or drums or to obstruct the sidewalk.”

However, this prohibition on amplification is based on one piece of ordinance, which says amplification may not be used to attract attention to commercial establishments.

“The first step is to clarify the ordinance,” says Raynolds. “The current interpretation is pretty far off. The second step is a discussion, maybe at the council level, of whether or not we need a new ordinance that directly addresses the issue of street performers. I don’t know if it’s necessary. There’s a sense that we ought not regulate where we don’t need to. Right now, there is no ordinance regarding street performers.”

The city’s guidelines for street performers are available online at www.cityofportsmouth.com/cityclerk/performers.htm.

Until recently, there was a feeling among local artists that if you performed in the streets, you could get arrested, according to Denise Wheeler, coordinator of Busk Till Dusk.

“We wanted to make sure the city heard from arts advocates, not just from people concerned with noise levels. Artists weren’t sure what was and wasn’t considered breaking the law.” Wheeler is hopeful that the ordinance can be refined before Busk Till Dusk. Raynolds is not sure whether the issue will be settled by then.

“Whether it absolutely will or absolutely won’t is yet to be determined,” he says. “But I’m hopeful and optimistic.”

It’s hoped that, in addition to encouraging public performance in Portsmouth, Busk Till Dusk will invigorate downtown and benefit local businesses.