Prague Has New Ordinance for Street Art Production - Busking

Legal regulations

• the generally binding Regulation No. 1/2016 Coll. of the Capital City of Prague on restrictive measures to ensure local public order in connection with the public street art performance in public places, as amended by the generally binding Regulation No. 13/2019 Coll. of the Capital City of Prague,
  a reference to the regulation, indicating the changes thereto
   
• the public street art performer is also obliged to observe other applicable legal regulations (e.g. Act No. 133/1985 Coll., on Fire Protection, as amended, Act No. 13/1997 Coll., on Roads, as amended, Act No. 121/2000 Coll., Copyright Act, as amended).

1. What is the public street art performance (busking)?

The term "public street art performance" refers to live artistic performances, i.e. it must be a performance of an artistic nature, produced on the spot directly by the street artist, i.e. not reproduced from any recording device. A street artist should present his/her skill (playing an instrument, singing, pantomime, etc.), at a certain artistic level of the performance. The word “performance” evokes that it is an activity, not just standing and exposing oneself as an object of interest for photographs.

2. Can the so called "living statues" be regarded a street art within the meaning of the Regulation?

With reference to the provisions of Section 2 of the Regulation, which define the term 'public street art performance', this activity cannot be considered a live performance of an artistic nature, and as such falls outside the scope of the Regulation. Therefore, those who present themselves as "living statues" should seek and obtain the permission for occupation of a public place as their presentation it is not a normal use of the road.

3. Does the term "public street art performance" also cover the bubble blowing?

No, it does not as the creation of bubbles is not an artistic performance within the meaning of Section 2 of the Regulation. The Regulation also prohibits to create bubbles in performances which, by their nature, are public street art performances (§ 9a), such as pantomime or theatre performances, but they must not feature bubbles.

4. Is the exposure of animals a public street art performance?

Public performances of animals are not considered to be public street art performances as they are subject to Act No. 246/1992 Coll., on the protection of animals against cruelty, as amended. A natural or legal person who organizes or gives a public performance with an animal has statutory obligation, such as the obligation to notify at least 14 days in advance of the date of the public performance the Regional Veterinary Administration and the municipality concerned of the place and date, species and number of animals which are to participate the public performance, and the data that makes it possible to identify the organizing entity.

Information about the issue:

Česká inspekce životního prostředí (Czech Environmental Inspectorate – CEI), Oblastní inspektorát Praha (Regional Inspectorate in Prague), Praha 6, Wolkerova 40/11, phone: 233 066 111, data box ID 4dkdzty;

Státní veterinární správa (State Veterinary Administration), Městská veterinární správa v Praze (Municipal Veterinary Administration in Prague), Prague 2, Na Kozačce 3, phone: 222 522 126, data box ID: 8Fm8b8u.

5. Where is it possible to give the public street art performance?

In open-air public places (e.g. not in arcades, underground vestibules, passages, etc.), where it is not prohibited.

6. Should a busker hold permission for public street art performances?

No, no permits are issued (for activities carried out under the Regulation).

7.Should a busker seek permission for a special use of roads?

If a road is used in a usual way (in most cases street art uses roads in a usual manner) and if the public street art performance does not jeopardize the safety or fluency of traffic flow, a busker will not be required to seek any permission.

Information about the issue:

In case of doubt as to the necessity of having a permit for special use of a road, the competent road administration authority should be contacted (e.g. for the territory of Municipal District Prague 1, it is the Municipal District Authority for Prague 1, Vodičkova 18, phone: 221 097 111, e-mail: posta@praha1.cz, within the Municipal District Authority, the permissions are issued by the Public Space Administration).

8. Restrictions applicable to the conservation area – map

• acoustic performances can be given exclusively without the use of auxiliary amplifiers,
• ban on using loud musical instruments (such as percussion instruments), loud ethnic instruments or items that are used in place of musical instruments,
• ban on using high-pitched instruments, especially Scottish bagpipes,
• brass and other loud instruments that allow loud production of music may only be used with a mute,
• ban on performances given in a manner that would affect the aesthetic appearance of the city. The aesthetic appearance of the city is particularly affected by:
  (a) performance of persons disguised as animals or characters from films, television programs or computer games;
  (b) performance in disguises the proportions of which evidently exceed those of an adult.

Acoustic performance – any sound production, typically musical performance, but also solo singing, loud speech, tap dance, whistling, etc.

Loud musical instrument – the volume must always be assessed on an individual basis. The sound intensity of the musical instrument is perceived differently in places with strong ambient noise and in quieter locations of the city.

Ethnic instrument – an instrument that is not commonly used in our country and is associated with a particular ethnic group (e.g. Egyptian darbuka, Australian didgeridoo, Indonesian djembe drums, Tibetan bell cymbals, African vuvuzela, etc.).

The item used instead of a musical instrument – waste container, barrel, canister, etc.

Aesthetic appearance of the city – ways of affecting the aesthetic appearance of the city are demonstratively listed in the Regulation, which means that it can practically occur differently than stated therein. The aesthetic appearance of the city is affected if there are things located and/or activities performed in the public areas that visually devalue them. Items that affect the aesthetic appearance of the city in connection with street art also include figures of oversized animals or other various inflatable figures. The provisions of Section 3 (2) (e) of the Regulation is designed to encompass not only the non-aesthetic figures of normal size, but also oversized figures whose proportions clearly exceed those of an adult.

In which places is the performance of public street art prohibited in acoustic form?

Area of Municipal District Prague 1:

• Celetná
• Hradčanské náměstí (Hradčany Square)
  (the area between the 1st courtyard of Prague Castle, the Archbishop's Palace and the mouth of Ke Hradu Street and the Castle Stairs)
• Husova
• Jilská
• Jindřišská
• Jungmannovo náměstí (Jungmann Square)
• Karlova
• Kožná
• Malé náměstí (Malé Square)
• Melantrichova
• Mostecká
• Náměstí Republiky (Republic Square)
  /in the area defined on the north side of house No. 2090, a link between houses Nos. 2090 and 1090, on the west side by the facade of house No. 1090 and its link with Prašná brána (Powder Tower), on the south side by the mouth of Na příkopě street, houses Nos. 3, 1037, house without id. numbers, adjoining the Hybernská Street and on the east side by house No. 1031 and the mouth of V celnici Street (except for Saturdays and Sundays)/
• Národní
• Na Perštýně
• Na příkopě
• Na můstku
• Ovocný trh
• Vodičkova
• Týnská
• Týnská ulička
• Václavské náměstí (Wenceslaus Square)
• (in the area between the mouths of Na příkopě and 28. října Streets)
• Zámecké schody (Castle stairs)
• (in the upper half from the mouth to the Hradčany Square down to the Castle Stairs no. 10)
• Železná
• 28. října

Furthermore, it is prohibited to give public street art performance in acoustic form within a distance of 25 m from places where the public street art performance is not permitted.

9. In which places is the performance of public street art prohibited? - map

• in playgrounds,
• at churches or houses of prayer during and immediately before and after church
• at schools (except Saturdays, Sundays, public holidays and school holidays),
• at healthcare facilities,
• in the area of refuge islands or individual platforms of public transport
   
• Area of Municipal District Prague 1:
  Křižovnické náměstí (Křižovnické Square)
  Nerudova
  Spálená (between the intersection with Purkyňova Street and the intersection with Národní Street),
  Staroměstské náměstí (Old Town Square)
  Velkopřevorské náměstí (Grand Priory Square)
   
• Area of Municipal District Prague 2:
  Jugoslávská (in the area between the intersection with Legerova and the intersection with Bělehradská
  Náměstí I. P. Pavlova (I.P. Pavlova Square)
  náměstí Míru (Peace Square)
  Tylovo náměstí (Tyl Square)
   
• Area of Municipal District Prague 7:
  Letenské náměstí (Letná Square)
  park in Tusarova Street, lot nos. 2316/1,2 a 2316/5,6, cadastral unit of Holešovice.

10. Is it possible to give public street art performance in a market place?

No, it is not. The operation of public street art performance in places where other events take place, e.g. gatherings within the meaning of Act No. 84/1990 Coll., on the freedom of assembly, as amended, Easter- or Christmas-time markets (Regulation No. 9/2011 Coll. of the Capital City of Prague, which governs the market rules, as amended) is prohibited.

11. What is the time span within which public street art performances can be given?

Daily from 9:00 to 21:00.

Acoustic performance can be given:

• in places located on the left bank of the Vltava River at 9:00 –10: 00, 11: 00–12: 00, 13: 00–14: 00, 15: 00–16: 00, 17: 00–18: 00, 19: 00–20: 00,
• in places located on the right bank of the Vltava River at 10:00–11:00, 12:00–13:00, 14:00–15:00, 16:00–17:00, 18:00–19:00, 20:00–21:00,
• on the bridges over the Vltava River and the islands at the same time as the places on the left bank.

12. Which bank of the Vltava River is left and which is right?

Left and right banks of the Vltava River are identified if viewed in the direction of the river flow (downstream). As a mnemonic tool for distinguishing the left from the right bank of the Vltava River, you can use the names of generally known places or objects on each river bank, e.g. – right bank (in Czech "pravý břeh"): Pařížská, Podolí, Palladium, left bank (in Czech "levý břeh"): Letenské sady (Letná Park), lanovka (Petřín cableway), Loreta (church).

13.What is the area that can be occupied for the public street art performance?

• one performer – an area of not more than 2 m²,
• several performers – an area of not more than 12 m²,
• with the public street art performance finished, the objects used for this purpose (i.e. musical instruments, stages, etc.) must be removed from the road, they can only be placed on the road during the performance itself. As the public street art performer is no longer covered by the Regulation with the performance finished, if any such items or objects remain on the road, he/she should have a relevant permit issued by the competent road administration authority to this end,
• the public street art performer must not restrict the free passage of pedestrians, their access to buildings and access to underground entrances,
• if the performer wishes to occupy an area larger than that specified in the Regulation, he/she should contact the competent road administration authority (see point 5).

14. What needs to be done in case of too loud or otherwise annoying public performance?

Forbidden are performances that unreasonably violate the rights of other people, which most often include loud music, odour as well as pollution of the surroundings. The Regulation sees as unreasonable the following: loud performances, performances involving formation of bubbles or artistic performances using aerosol dispensers. The assessment whether the individual street art is performed above reasonable manner and as such disturbs the surroundings will always be within the competence of the Municipal Police of the City of Prague or the Police of the Czech Republic.

Telephone number of the Municipal Police is 156
Telephone number of the Police of the Czech Republic is 158

15. What is the penalty for the violation of the Regulation?

Violation of the Regulation may establish liability for offense against public order, subject to the jurisdiction of the local government pursuant to the provisions of Section 4 (2) of Act No. 251/2016 Coll., on certain offenses, as amended by Act No. 178/2018 Coll. for which a fine of up to CZK 100,000 may be imposed on a natural person, legal person or entrepreneur, whereas the natural person may also be subject to a restrictive measure pursuant to Section 52 of Act No. 250/2016 Coll., on liability for offences and proceedings related thereto, as amended, including the ban on visits to designated publicly accessible places or places where sporting, cultural and other social events take place.