Free speech, with tweaks

SANDPOINT — Street performers and the First Amendment incited a lengthy debate at last Wednesday's city council meeting.

According to City Attorney Scot Campbell, all forms of public expression are protected under the right to free speech. Musicians, actors, speech-makers and yes, even mimes, have the constitutional right to perform on city sidewalks at will. However, the city has the right to control the level of noise they create, the location they choose and the time they perform, he said.

"Could we legally restrict performers by request of adjacent property owners?" asked Mayor Shelby Rognstad.

"You can legally restrict place and time. There are legitimate reasons why the city could ... do that," Campbell said.

Aaron Qualls, director of planning and economic development, told council members about measuring and restricting the noise level of street performances.

"The only actionable recommendation is to prohibit any amplified noise from the public right-of-way when it exceeds 70 decibels at 60 feet," he said.

A sound measuring 70 decibels is roughly equivalent to the noise of a vacuum cleaner, according to Perdue University. The distance is the measurement from sidewalk to sidewalk across a street such as Cedar, said Qualls.

"Do we have the ability to measure amplification?" asked Councilman Stephen Sneddon. "Do we have that tool?"

The council deferred to Sandpoint Police Chief Corey Coon because his department would be responsible for enforcing a sound ordinance.

"We'd have to buy more than one (sound level meter)," said Sandpoint Police Chief Corey Coon. "They range from $30 up to about $120."

Councilwoman Shannon Williamson expressed concern the sound restriction would also apply to city-sanctioned outdoor music events, but according to Qualls, permanent events would supersede a busker ordinance.

"In 2012, when council decided to allow performances, it was conditional that it didn't conflict with a permitted event," said Qualls.

Councilman Bob Camp wanted to know whether the city had received complaints in the past about street performers.

"There's really been no complaints The only ones we have were about the amplification from the vehicle," Qualls said, referring to an incident in which a musician broadcast from his van.

"It was really based on the levels of amplification," he said.

It just so happened that the culprit was present at the council meeting, raising his hand and saying "that was me" from his seat in the audience.

Jessie Warburton, a Ponderay resident and city busker, approached the dais to offer a written statement. In it, he suggested that the city should be more accommodating to street performers.

"We should establish Sandpoint as a place where people can play music ... certain locations could be established for amplified sound," he said.

Another member of the audience, Patricia Walker of the Panida Theater, wanted to know whether street performers could legally ask passersby for money.

Campbell replied that asking for money is fine. The city's aggressive panhandling ordinance would typically not apply.

"I don't think we have a problem. I don't think restrictions are necessary in the city of Sandpoint," said Camp.

City ordinance 526, which restricts amplified sound from vehicles, and the nuisance ordinance, which restricts noise from 10 p.m. until 6:30 a.m. daily, are already in place, Campbell said.

In the end, the council majority voted to approve amending ordinance 526 to place further restrictions on street performances in Sandpoint, with councilmen Camp and Thomas Eddy voting no.