Laws Define Boundaries for Performers

Joyce Smith, the Chapel Hill town clerk, said the only restrictions placed on street performers relate to where they set up.

"As long as they are in the public right of way and are not blocking pedestrians, then they have every right to be there," she said.

The public right of way includes sidewalks, alleys and any town-controlled property.

Smith added that if the performer chose to be in a place outside of the public right of way but on someone's private property, such as the doorway to a business, the person would need permission from a business manager or owner.

But many performers include a means for collecting donations from passers-by, such as an open instrument case or a coffee can, and this places them in a totally different category.

Smith said requests for contributions define performers as peddlers, and as such, several rules apply.

Peddlers are allowed to be in the public right of way just like performers, but the fact that they are asking for money means that, by law, there are things they cannot do.

"There are some conditions that peddlers must follow," Smith said. "They cannot obstruct another person's movements; they cannot be under the influence of drugs or alcohol, and they cannot solicit within 20 feet of an ATM machine."

Additionally, the Chapel Hill Code of Ordinances states that peddlers cannot solicit contributions within six feet of a bus stop. Any violation of these stipulations is a misdemeanor with a fine of $50 or imprisonment for up to a week, according to the code.

The Carrboro Town Code has similar restrictions on street performers. Anyone asking for money cannot intimidate or accost potential donors. Also, a noise ordinance restricts loud music near gathering places like churches, schools and libraries.

Smith said that while the town of Chapel Hill has received complaints about peddlers, it hasn't heard any objections about street performers.

Jane Cousins, spokeswoman for the Chapel Hill Police Department, confirmed this statement.

"We have no records of any reports of complaints against street performers here," she said.

Perhaps this is because the permanent businesses along Franklin Street seem not to have any problems with the various performers scattered down the sidewalk.

Kay Blocksidge, manager of the Bank of America branch on Franklin Street, said she doesn't have any complaints.

"I don't think it impedes on our business," she said.

However, Blocksidge said she had reservations about performers setting up near the ATMs on Franklin Street, which is already outlawed.

Lincoln Sward, a manager at Pepper's Pizza, echoed Blocksidge's sentiments about the effect of street performers on their business.

"We've never had a problem with it," he said.

Sward added that because many of the staff members at Pepper's are musicians themselves, they have a special appreciation for street performers.

Many employees of the businesses on Franklin Street said they appreciate street performers for their contributions to the unique flavor of downtown Chapel Hill.

"I kind of like it on Friday afternoon when the saxophone player comes by and plays outside my window," Blocksidge said.

So if you're still convinced that your road to musical success and glory begins by moonlighting on Franklin Street, just be aware of where you set up.

The Arts & Entertainment Editor can be reached at artsdesk@unc.edu.