A GUIDE TO PUBLIC ART AND BUSKING IN CAPE TOWN

A GUIDE TO PUBLICART AND BUSKINGIN CAPE TOWN

“Creativity is contagious.Pass it on.”– Albert EinsteinPublic art, or street art, and streetperformance or busking, are bothwelcomed and encouraged by the Cityof Cape Town’s Arts and Culture Branch.Art creates more attractive publicspaces that helps to uplift communitiesand drive social change; busking offersunique entertainment with a localflavour that generates income. Bothshowcase the wealth of creative talentin the city to the public and visitors,and can provide future opportunities.However, these activities requireapproval and permits, and respectfor the by-laws and the citizens ofCape Town. This booklet is a shortguideline to those requirements.

Contents1. Public art 2The value of public art 3Temporary public art applications 4Permanent public art applications 62. Busking 8About busking permits 8A map of recommended busking locationsin central Cape Town 10Performance duration and times 12Rules regarding young performers 13Sound and volume levels 14Respecting officials and citizens 15About non-compliance 16Voluntary donations 17The busker’s promise 181

1. Public artPublic art plays many roles: it beautifies sharedspaces, uplifts communities, tells rich stories,preserves history and powers social change.Across the world, street artists and artworks inspirepeople and provoke new thinking. It has becomean important focus in Cape Town, giving a trulyunique flavour to public and community spaces.The City, via its Arts and Culture Branch, iscommitted to nurturing and promoting localartists, providing them with an enablingenvironment in which to express themselves.Public art is not graffiti – it is a legal creativeendeavour that requires a permit from the City.2

The value of public artPublic art improves thelives of citizens by: renewing neglected areas; making public spacesmore beautiful; encouraging people to shareand discuss culture; increasing the use of publicspaces through a moreattractive environment; attracting visitors; adding to community identity; making art accessible to everyone; increasing collaborationbetween artists; and creating job opportunities for artists.We encourage artists and the publicto explore the city’s neighbourhoodsto see some of the exceptional artworkon open display. An excellent optionare the many murals in Woodstock.3

Temporary public art applicationsTemporary public art is a creative mural,intervention or installation that, once apermit has been issued, is allowed toremain in place for a period of up to twoyears. The step-by-step process to apply isshown below. There is no cost for a permit.Permit4

Temporary public artThe maximum exhibition period is 24 months.MuralPublic artinterventionTemporaryinstallationContact the Arts and Culture Branch to request a publicart application form, and return the completed form withsupporting documents and information.The completed application is circulated to internal and externalparties affected. They must respond within five and 14 workingdays respectively.NoobjectionsA permit isissued andthe applicantadvised viae-mail.ObjectionsA permitwill notbe issuedand theapplicantadvisedin writing.S/he mayrevise theproposaland/orlocation.Special circumstancesArtwork onbuildingsolder than60 yearsor withina heritageprotectionoverlayzone (HPOZ)requires apermit fromHeritageWesternCape first.If the artworkis consideredto beoutdooradvertising,contactEnvironmentaland HeritageManage menton021 400 6519.5

Permanent public art applicationsPermanent public art is a creative commission,application for producing art on public land, ora donation of a mural, sculpture or installationthat, once a permit has been issued, is allowedto remain in place for a period of more thanfive years. The step-by-step process to applyis shown below. There is no cost for a permit.6

Permanent public artThe exhibition period exceeds five years.The process time for applications is - four months.CommissionExternalapplication for arton public landDonationContact the Arts and Culture Branch to request a public artapplication form. Return the completed form with supportingdocuments and information at least 30 days before a public artworking group meeting.Feedback from stakeholdersis considered at the nextpublic art working groupmeeting. Supportedproposals are sent to Councilfor final approval.The public art workinggroup may suggestamendments and theapplication will need tobe resubmitted.Once approved, the applicantis advised in writing, togetherwith any terms, conditions orrecommendations.Images of implemented artworks must be sent to the Arts andCulture Branch for record-keeping purposes.7

2. BuskingStreet performance or busking is theact of performing in public places forvoluntary donations. It dates back toancient times and is practised all over theworld. Busking provides wonderful publicentertainment and takes many forms.Performers may be musicians, singers,dancers, acrobats, jugglers, clowns,magicians, mime artists, puppeteers,storytellers, poets or actors, among others.Like street art, busking in CapeTown is encouraged, but requiresa permit from the City.About busking permitsA permit is required for busking in publicplaces or on City property. Busking withoutone is against the law and will not be allowed.Where do I get a permit?Contact the City’s Arts and Culture Branch atmxolisivincent.mtwana@capetown.gov.zaor chad.hearne@capetown.gov.za.8

How much does a permit cost?It’s free.Are there legal requirements?Yes. Busking is subject to all relevantlegislation, including but not limited to: the By-law Relating to Streets, Public Placesand the Prevention of Noise Nuisances; and the Animal By-law.Are there any restrictions?Yes. The act may not involve animalsor dangerous materials or items, whichinclude but are not limited to: acts that involve fire; and acts that involve sharp ordangerous implements.9

stlCautHoShealWrpDoRecommended busking locations in the CBDgomreKegnLorguB

ndraSt art Simpson Statue,BCnr Waterkant Stand St George’s MallBUS SERVICES nr ShortmarketCStreet and StGeorge’s MallCAPE TOWNRAILWAY Fountain,STATIONSt George’s Mall (infront of Woolworths)rliamentLowerPleinderleyPaI NTEC College,St George’s Mallnit oaor ompany’s GardensC– up to SouthAfrican Museum.Note: excludingGovernment AvenueBUSSERVICESGreenmarket SquareSt George’s Mall11

Performance duration and timesDurationPerformances may only last for 60consecutive minutes at any onelocation. This must include the settingup, breaks, and packing up. After 60minutes, the busker must move to adifferent location, at least one full streetor block away, or to a different park.TimesPerformances may only take placebetween 08:00 and 21:00, onany day of the week, unless: alternate times have beenagreed to by the City; or they affect property owner(s).Public parksWhen performing in public parks,buskers may only perform during thenormal park hours or while the park isopen to the public, unless an alternativehas been agreed to by the City.12

Rules regarding young performersThere are limitations for public performersunder certain ages, as follows: Proof of consent from a parent or legalguardian is required for performersand applicants under the age of 18. During performances, performers underthe age of 15 must be accompaniedby a parent or legal guardian, whois 18 years or older, at all times. Performers under the age of 15 are notallowed to perform during school hoursunless as part of an official school outing, andwith consent of a parent or legal guardian.13

Sound and volume levels Any performance involving sound mustbe sited at least 250 metres away from anyother performance that does the same. The volume must be kept to a reasonable level. Performer/s must stay within the requirementsof the By-law relating to Streets, Public Placesand the Prevention of Noise Nuisances. Performers must respect the wishes ofnearby residents and visitors, particularlywith regards to the volume of theperformance and crowd response. Large speakers are not permitted. Trumpet players and Marimba bands areasked to be mindful of their sound levels. If performers do not comply withthe busking guidelines and relevantlegislation, they must expect to be askedto lower the volume or relocate. If necessary, an application for anoise exemption certificate mustbe obtained from City Health atsigmund.badenhorst@capetown.gov.zaor thando.guzule@capetown.gov.za.14

Respecting officials and citizensBuskers must cooperate with reasonable requestsby any member of the South African Police Service,The City’s Metro Police and Law Enforcementdepartments, relevant parks board or any otherdesignated official. They are asked to also respectlocal business owners and people at work.15

About non-complianceIf performers and buskers do not comply,either to all the busking rules and regulationsor the relevant City legislation, they could: be told to lower their volume; be told to find a new location; have their performance stopped; be issued a non-compliance notice interms of the relevant by-law; or be issued a fine in terms of relevant by-law.Exemption from rules and regulations willonly be considered upon a written requestto the City’s Manager: Arts and Culture.16

Voluntary donationsPerforming for voluntary donations isacceptable, but certain guidelines apply. Buskers may give audiences an opportunityto provide voluntary donations by placinga container or receptacle close to thearea in which they are performing, or byasking the audience for donations. The performer’s money collection containermust not obstruct pedestrian traffic. Buskers may not continue to ask aperson for a donation, or follow themto do that, if one has been declined. Buskers may notapproach outside tablesat restaurants to ask fordonations from patrons. Buskers may use third-partyadvertising as part of theirperformance, providedit is in line with the City’sOutdoor Advertising andSignage By-law of 2001.17

The busker’s promiseIn order to maintain their permits and stayout of trouble with citizens or the law, streetperformers and buskers are urged to be courteousand aware, and commit to the following: I will not sell goods or services, or one-on-oneconsultations for money, fee or reward. I will not block doorways, display windows,sidewalks, paths, sidewalks, bicycleroutes or city streets and roads. I will not jeopardise the comfortand safety of others. I will be mindful of the wishes ofbusinesses and visitors to my city. I will ensure that my performancedoes not harm me or the public. I will keep the area in which I amperforming clean and tidy. I will look neat, be presentable andhave sober habits to show that I respectmy talent and my audience.18

Contact detailsThe City of Cape Town: Arts and Culture Branch 021 444 0146 Environmental and HeritageManagement 021 400 6563 Law Enforcement 021 951 5390 Property Management 021 400 6552 Heritage Western Cape 021 483 595919

For more information, pleasecontact the City of CapeTown’s Arts and CultureBranch at 021 400 5944 orartsand.culture@capetown.gov.za

2. Busking Street performance or busking is the act of performing in public places for voluntary donations. It dates back to ancient times and is practised all over the world. Busking provides wonderful public entertainment and takes many forms. Performers may be musicians, singers, dancers, acrobats, jugglers, clowns,