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Council orders musicians to street corners

A performer plays on Main Street last summer.

The city won't outlaw downtown street musicians but it will restrict where they can play.


After some merchants complained about a proliferation of the music-makers last summer, police officers, the city attorney and zoning officials began meeting to draft new rules to regulate the musicians, or buskers.
"In response to a noted increase in the number of street entertainers and the concerns relayed by a merchant on Main Street a number of us met to try to forge some sort of consensus on a way to deal with this, in way that meets all the constitutional concerns and yet provides for the interest of the merchants, the pedestrians and the entertainers," city attorney Sam Fritschner said.
The new law sets aside a space for musicians on all but one or two street corners — all four corners in most cases, the attorney said.
"It moves the entertainers to specific areas at the end of every street," Fritschner said. "We found spots for entertainers that would not block access to crossing the street in either direction and would have a place for one or more entertainers to be and would keep them away from pedestrian line of fire."
Fritschner said the city would mark the areas where the musicians can perform.
"What this does is help the police say (to a performer), 'You need to be on the street corner.' 'Well, where's that?' 'Here it is.'"
Hendersonville police Capt. Bruce Simonds told the Hendersonville Lightning last August that the buskers flocked to Main Street when the city dropped a permit requirement. The performers started arguing over prime spaces downtown and shopkeepers lodged complaints at City Hall.
Mayor pro tem Ron Stephens said, "There's some talented people out there."
Added Councilman Steve Caraker: "It's a good problem to have. We never had this problem before."