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APV Amsterdam - Article 2.49, article 2.43 and official clarification of APV article 2.49.
Version of 2013 (current).

Disclaimer:
This text is translated into English for your convenience at straattheater.info.
However, this is NO official release. Only the original Dutch version is applicable.

Article 2.49 (Street performer and music).

1.   It is prohibited to perform music or as a street performer at by the Mayor described places and times.

2.   At other than the under the first sub mentioned places it is prohibited to perform without license of the Mayor as a street artist or street musician.

3.   What is stated in sub 2 is not applicable if:
a. the performing group does not exceed six persons;
b. no hurdy-gurdy's (barrel organs), sound amplifying devices or percussion instruments such as drums, bongo's et cetera are being used;
c. the performance does not exceed half an hour non-stop on the same place and
d. the performance does not take place between 23.00 and 9.00 hours.

4.   "The same place" in sub 3.c means every place which is closer than 100 meters from the place which has been used by the street artist or street musician earlier that day.

5.   "Street artist" and "street musician" also means groups of street artists and street musicians.

6.   At designated roads or places the Mayor can limit the number of performances of street artists or street musicians, or limit the number of street artists and street musicians performing at the same time. Doing so, he can differentiate between categories street artists and street musicians.

7.   It is forbidden to act contrary to a limitation as meant in sub 6.

8.   Article 2.43 is applicable.


Article 2.43 (Special grounds for refusal).

The Mayor can refuse the license if according to his view:
a. the event causes danger for the public order, health or safety, including the fire safety and the interest in avoiding disorder;
b. a disproportional number of visitors is to be expected;
c. the event does not fit within the character or purpose of the location where it will be held;
d. the event has a disproportional demand on the available space or time or on the rescue services;
e. the event obstructs the traffic;
f. the event is likely to create a disproportionate pressure on the living climate within the surroundings of the event;
g. the event causes polution, has negative effects on the appearance of the surroundings, damages amenity or public utility facilities;
h. the organizer offers insufficient guarantees for an orderly running of the event, considering the previously mentioned interests, or
i. the organizer offers insufficient guarantees to avoid damage to the environment resulting from the event, or to limit this to maximum extend.


Official clarification of APV article 2.49.

In article 2.49 the performing on the street of mime players, jugglers, music and singing groups, street painters, theatre groups, etc. is being regulated.

For a significant part, these kinds of expression are protected by article 7, sub 3, of the Constitution. On this ground, no prior permission can be applicable to the actual contents of any expression of these thoughts or feelings, other than in writing.

The regulations in the APV does not relate to the contents of the expression. Only the dispersion of the activities throughout the city are being regulated, to avoid nuisance. In reality, dispertion and contents are hard to separate from each other. Prohibiting on a certain place implies that no epxression can be made on that specific spot. Priority is to leave enough possibilities for these kind of activities.

Except the importance of freedom of expression, street performers also add to a multidimensional and attractive city life.

The first sub provides the mayor with the possibility to assign places and times where street perfromances are forbidden; for example very busy areas in the city.

For the other parts of the city, for street performing a license is mandatory. The third sub describes important exceptions: the performance is license-free if the performing group does not exceed six persons, the performance does not exceed half an hour (excluding 10 minutes for building up a street act), the performance does not take place after 23.00 hours and no barrel organs, sound amplifiers or percussion instruments are being used. The criterium of half an hour non-stop on the same place indicates that a performance may not be stopped one or several times and subsequently be continued until the total amount of 30 minutes playing time is reached. Further, a following performance must be at least 100 meters away from a previous performance. If these conditions are not met, a license is still mandatory. The fifth sub maks it possible to act in cases where groups with constantly changing formations alternate on the same location and play a similar repertoire. Th sixth sub provides the mayor with th possibility to maximise the number of performances and differentiate by the type of artists and musicians on a specific location; this is meant to be able to regulate locations which are very popular with artists. If these conditions are not met, a license is still mandatory.

The grounds for refusal of a street performing license are equal to those concerning events (see art. 2.43).


 

 
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