REGULATIONS STREET ART IN THE MUNICIPALITY OF MESSINA

Art.1 - Principles and Purposes

The Municipality of Messina enhances and promotes the development of the culture and freedom of art in all its forms, in particular, all artistic and creative expressions exercised in public spaces and open to the public whose artistic, cultural and social value it recognizes.

The purpose of these regulations is to promote, within the municipal territory, the enjoyment, by the community, of street art by welcoming artists in compliance with current regulations on hygiene, road safety, noise and environmental pollution.

Art.2 - Definition

"Street art" is defined as artistic-creative activity that takes place in public places and open to the public without the use of a stage and/or fixed structures and equipment. The artist performs independently, without contractual ties, through artistic activities of musical, theatrical, figurative and expressive in the broadest sense, characterized by extemporaneity and so-called "immediate enjoyment."

The provisions of these regulations do not apply, also, to those who perform an artistic activity with modalities referable to the discipline of Article 69 of the Consolidated Text of Public Security Laws approved by Royal Decree No. 773 of 18/06/1931 and its intervening amendments.

Art. 3 - Performance

The occupation of space by the street performer is exempt from the regime of occupation of public land. The space required for the performance may not be occupied permanently with fixed structures, elements or constructions. Occupation is allowed limited to the duration of the performance, with what is strictly necessary for the performance.

The Municipal Administration may prohibit the performance for reasons such as safety and public order as well as in the case of events organized concurrently by the same or other public bodies. The street performer undertakes, limited to the place and duration of his or her performance, to maintain cleanliness in the space used. The artist may not perform for more than one consecutive day in the same place in order to facilitate the rotation of artistic activities.

The street artist shall be liable, while in the location and as a result of the performance, for any damage to the road surface and/or any public structure, as well as for any damage to persons and/or property resulting from conduct engaged in by the same for which the Administration assumes no responsibility.

Art.4 - Application

The provisions of these regulations apply throughout the entire municipal territory, with the following exclusions and limitations:

- the exercise of the activity of the street performer is not permitted in front of and near places of worship during the hours of services;

- artistic performances by singers and players produce sound emissions with the use of loudspeakers, amplifiers and microphones, may be carried out at a minimum distance of 150 meters from hospitals, health and welfare facilities as well as schools and libraries during the hours of their use and, in any case, the sound emissions produced by it must not be sharply perceptible in such places;

- the use of small amplification systems is permitted only if the sound emissions do not exceed the decibels allowed by law and only during the following time slots: in the morning from 10 a.m. to 1:30 p.m. and in the afternoon/evening from 5 p.m. to 9 p.m.

- performances that do not produce sound emissions are allowed from 9 a.m. to 11:30 p.m.

- the artist's performance must never constitute an obstruction to normal road and pedestrian traffic and must, in any case, comply with the general rules laid down in the Highway Code. A minimum distance must be guaranteed between the place of the performance and the accesses to homes and businesses, as well as with respect to the visibility of their shop windows;

- the artist must always position himself in a space such that he does not interfere with the activity and audience of another artist who has already begun his performance.

In order to ensure the widest dissemination and knowledge of the relevant regulations, street performers, who exercise their activity for the first time in the municipal territory not equipped with the requirements of art.5, do not incur one of the stipulated administrative penalties but must suspend their performance and immediately regularize their position in accordance with the following provisions.

Art.5 - Code of Ethical Conduct

Choosing to perform in the municipal territory implies for the artist to comply with the contents of these regulations and to automatically accept the so-called " Code of Ethical Conduct " (Annex B). The artist must always carry with him/her the aforementioned code and the self-certification duly filled out and sent to the Municipal Police Department, in the paper version or its digital equivalent, which can be downloaded from the website of the Municipality of Messina.

Art.6 - Penalties

In the event that the street performer is not in possession of what is required in art.5, without prejudice to the provisions of the last paragraph of art. 4 of these regulations, he/she will be subject to a fine of 50 €. For all other possible violations committed, the penalties provided for in the relevant regulations shall apply.