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New Taipei City Guidelines on Outdoor Public Space Availability for Artistic Performance

Article 1 The New Taipei City Government (hereinafter “the city”) has decided to enact these guidelines in order to promote use of public space in the city, to make available a variety of public performance spaces, and to ensure the public a complete offering of uplifting performances.

 

Article 2 Public spaces are provided for use by individual or small groups composed of five or fewer performers in accordance with the rules set forth in these guidelines. Matters which are not clearly regulated by these guidelines will be governed by any other applicable legal regulations.

 

Article 3 The determination of which public spaces will be available for the performances are noted in the preceding article. As to site, area, time, performance category or applicable restrictions, it will be made by the city in accordance with the service functions, environmental characteristics, operation strategy considerations, and thereafter published by public notice.

 

Article 4 Individuals or small groups of five or fewer with proficiency in music, fine arts, technical arts, or performing arts, and the like that would like to perform in accordance with the preceding article should apply to the city’s relevant authority for each permitted public space for permission to use the location. Performances relying on the preceding article will not be assessed any user fees, but may be assessed a (refundable) deposit. The amount of the deposit noted in the prior clause shall be as determined by the city and so published by public notice.

 

Article 5 Performers desiring to use public spaces should apply on the day of performance or within fifteen days prior to the performance, to the appropriate relevant administrative unit responsible for the particular designated permitted public space for permission. For applications based on the preceding clause with one of the following characteristics, the administering authority may refuse to grant permission for use:

1. The performance location has already designated for specific official use or been authorized for use by someone else.

2. There is a probable cause to believe that the use proposed in the application would adversely affect other people’s fair use of the facilities.

 

Article 6 Performances conducted in public spaces with any one of the following circumstances and fail to respond to administrative warnings or guidance the permit for use may be terminated by the appropriate administering authority and their deposit forfeited, and the performing party will not be authorized to perform in designated public spaces for a maximum period of two months

1. Do not have an authorized permit or fail to conspicuously display their permit.

2. Violate the terms of the permit in terms of the content, time or location of the performance as authorized by the administering authority.

3. Improperly disturb the peace, cleanliness or public access, ingress or egress.

4. Seek to raise funds from the audience. But it is permitted for the audience on its own spontaneous initiative volunteer donations

5. Sell products. But performers are allowed to offer their own performance products for sale at listed prices.

6. Violate any other rules regarding the use of public spaces or any other laws.

 

Article 7 This guideline shall be effective immediately upon promulgation.

 

New Taipei City Government Promulgation

Date: December 9, 2008

Document Number: Bei Wen Fa Zi Hao No#09720011167

Subject: Public notice of procedures for review and approval of applications for outdoor public space availability for artistic performance in New Taipei City, to be effective from this date.

Legal authority: Article 3 of the New Taipei City Guidelines on Outdoor Public Space Availability for Artistic Performance Items in this public notice include:

1. Individuals or small groups of five or fewer, with proficiency in music, fine arts, technical arts, or performing arts, and the like that would like to perform in New Taipei City Outdoor Public Spaces Available for Artistic Performance as designated in the table (see the attachment) for performers to use outdoor public spaces in the city should apply to the New Taipei City Government Cultural Affairs Bureau (hereinafter referred to as the Cultural Bureau) for a street performer permit.

 

2. After the Cultural Bureau receives the application noted above, the applicant(s) will be notified to appear at a designated location to explain, engage in, exhibit, or perform in accordance with the special characteristics and actual needs, and after approval, a street performer permit will be issued. If deemed necessary, the Cultural Bureau will invite professionals and representatives from related agencies to form a committee of assessment.

 

3. The street performer permit shall be valid for a period of two years, and will expire at the end of its validity. The holder of the permit may apply to the Cultural Bureau for a renewal before the current permit expires. During the period of validity of their respective permits, holders of Taipei City or Keelung City Street Performer Permits may apply to the Cultural Bureau for a renewal on street performer permit.

 

4. Review of the performances of street performers shall be conducted as the following:

1. The review processes shall be conducted by the Cultural Bureau, New Taipei City Outdoor Public Spaces administering authorities (hereinafter referred to as the administering authorities) or police agencies.

2. The Cultural Bureau, administering authorities and police agencies should engage in coordination, and establish a Review Process Reporting System (see the attached flowchart).

3. While engaging in the review processes, reviewers should carry and display their identification.

4. During their performances in public spaces, street performers should cooperate with the Cultural Bureau, administering authorities or police agencies designated review personnel. If there are any violations, the review personnel should make an evidentiary record of the violations, record the relevant information on the review form (see the attached form), and request the street performer to sign the form, then return the signed form to the Cultural Affairs Bureau. Should the performer refuse to sign, then photographic or other evidence should be provided with the report for reference purposes.

 

5. After the Cultural Bureau receives notice of a complete review, they should first determine whether the alleged violation committed by the street performer is in fact truthful. If it is, the performer may receive a warning and demerits, and the street performer shall be advised with a written notice of the need to conform their performance to the appropriate rules. Depending on the seriousness of the violations, the administering authorities may be notified, and for a maximum period of two months, the performance privileges may be suspended. When the total number of recorded demerits is 9 or more, the Cultural Bureau may revoke their permit and refuse any re-applications for a period of one year henceforth.

 

6. Review personnel should cooperate with the reporting system regarding any urgent circumstances and proceed expeditiously to the reported location to provide an appropriate response.

 

7. Reviews may be conducted hereunder once in any twenty four hours.

 

8. If street performers have any suggestions or wish to appeal any matters, the review personnel should immediately accept them, record them in the review documentation, and report to the Cultural Bureau depending on the urgency or severity..

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