TRI In The News
Busking Bill Introduced
From The Star Democrat
Original article available here
CHESTERTOWN - At the Chestertown council meeting Monday, Town Manager Bill Ingersoll introduced an ordinance amending the town code to allow busking [-] playing music for tips [-] in public spaces.
The American Civil Liberties Union and the Rutherford Institute had written the town, saying that requiring permits for busking raised a free speech issue. The two organizations became involved following an incident in the park last summer when Mayor Margo Bailey asked a musician to stop soliciting tips.
Ingersoll said the revised ordinance permits busking except during planned events, such as festivals and parades. Buskers would still be subject to noise restrictions, and must not obstruct sidewalks or public passageways. Ingersoll said the ordinance had been vetted by Stuart Barroll, the town's attorney.
Councilwoman Linda Kuiper asked whether the farmers and craft markets fell under the "planned events" exception. Ingersoll said he had deliberately left those items out of a list of such events. He said the market managers have control over events within their designated space, but that buskers would not be prohibited from setting up elsewhere in the park. "We need to work on the farmers market and craft market regulations to fix them," he said.
A committee working on the farmers market regulations is scheduled to report to the council in December.
The ordinance will be voted on at the Dec. 19 meeting; there will be a public hearing on the ordinance at 7 p.m. before the meeting.
The council also adopted an amendment to the public ethics ordinance and introduced an amendment to the zoning ordinance.
The ethics ordinance, required by state law, essentially updates the existing ordinance to reflect the higher level of scrutiny of public office in today's climate. The local version was tweaked to lighten the requirement for appointees to town commissions to list personal finances, at the request of Councilman Jim Gatto, a former planning commission member. It passed without dissent.
Ingersoll introduced an amendment to the zoning ordinance to permit microbreweries, small wineries and distilleries and coffee roasters in the town's Light Industrial and Commercial zones. He said he and zoning assistant Kees de Mooy had written the amendment in consultation with the planning commission. It is tailored to state and federal requirements, he said.
"I think we have it perfect, now," he said.
Gatto asked if there was any provision for controlling odors incidental to the businesses. He said some of the zones in which the operations are permitted are near residential areas, or permit mixed business and residential. Ingersoll said microbreweries do not typically have odor problems, and Councilman Marty Stetson concurred, citing the Dogfish Head brewery in Milton, Del.
The council is scheduled to vote on the ordinance at the Dec. 19 meeting. There will be a public hearing at 7 p.m. before the meeting.
Kuiper asked Bailey to clarify statements she made last meeting about limiting public comment at council meetings.
Bailey said she was not trying to limit public input, but to give councilmembers a chance to study agenda items in advance and to discuss items they were voting on without being swayed by "one or two people" who express opinions at the meetings.
She said items for the agenda should be submitted the Wednesday before a council meeting, to give members a chance to study them. "Of course we'll be flexible for urgent business," she said. "We don't want to stop public comment."
Councilwoman Mabel Mumford-Pautz said the council has long had a policy of fixing the agenda at noon the Friday before a meeting. She added, "I don't think we should tie ourselves in so tight that we can't accommodate public comments."
Gatto said that the council provides the opportunity for residents to comment in public hearings before votes on ordinances. Also, he said, the public comment period at the end of meetings allows people to make their opinions known.
