City council has put a halt to a new busker pilot program after concerns were raised by the Campbell River Legion Pipe Band that it would restrict the band from practicing and in some cases, performing.
Council had, at a previous council meeting, already passed first three readings of a revision to its street entertainer bylaw that proposed designated downtown performance spots, a requirement for street entertainers to purchase a permit, an expanded distance threshold to cut down on noise and updated fines for contravening the bylaw.
The decision at last week’s council meeting to rescind those first three readings was not made easily, with council debating the issue for more than half an hour with not all on council in agreement.
The issue centred around the words ‘no person’ which are contained in the bylaw and refer to the new restriction that no one is permitted to perform in any location other than those downtown spots that have been designated as performance locations.
Harper Baikie, treasurer of the pipe band, told council at its June 6 meeting that those words are problematic.
“The problems we see is that even if we get a permit, we are confined to being outside the Bank of Montreal, the Bank of Commerce, Royal Bank, the bus shelter side of the Community hall, Spirit Square, Robert Ostler Park – and only near Quay West and only near the fish and chips (restaurant) and normally we try to get as far away from people as usual, we don’t want to bother people,” Baikie said. “When we go out and practice, it’s in the evenings, normally on a Tuesday.”
Baikie suggested council add a clause that implies there would be an exception for community groups, schools and bands.
Coun. Ron Kerr agreed with Baikie that perhaps the bylaw, as written, could produce some unintended consequences.
“I think this is an example of the collateral damage that sometimes bylaws can create, the unexpected results,” Kerr said.
But Marianne Wade, the city’s development services manager, said the bylaw would not apply to the Pipe Band or other similar groups such as the Campbell River Children’s Choir or Pacifica Ukes, as Baikie suggestd.
“Staff feels the Pipe Band does not fit into the street entertainer bylaw,” Wade said. “They do not accept gratuities in the form as defined in this bylaw.”
Baikie, though, said he was worried about how the bylaw may be interpreted in the future.
“If we leave this in, three years from now, you could have consequences you didn’t originally intend,” Baikie said.
Coun. Larry Samson said he could see Baikie’s point.
“My concern – and Mr. Baikie hit it on the head – we all understand the intent. Eighteen months from now there’s an election and it could be a new council, who knows what the changes could be five years from now,” Samson said. “For future councils or city clerks to try and interpret the intent I think is unrealistic.”
“I do too,” agreed Coun Kerr. “I think there are some legitimate concerns voiced here but yeah, I have the same kind of concerns Councillor Samson has.”
But councillors Michele Babchuk and Colleen Evans disagreed that it was even an issue.
“I think everything is laid out very strictly,” Babchuk said. “When you see the bylaw all laid out, we’re going to realize we went through a whole bunch of process for absolutely nothing.”
Evans said council needed to listen to its city staff.
“I really appreciate what Mr. Baikie brought forward but we heard from our own staff that this is not applying to our street entertainer bylaw,” Evans said. “I fully support having community groups and the Pipe Band in our community. If there’s a need to address that, it’s through another bylaw, not this bylaw. They don’t even qualify as street entertainers and I think we’re trying to mix everything up.”
In the end, however, council (with Babchuk and Evans opposed) voted to rescind third reading of the bylaw and have city staff bring the bylaw back for third reading at a future meeting, which will address the concerns associated with community and school groups.
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