Sunday is typically reserved for peace and relaxation.
Apparently that is the rationale for prohibiting strumming guitars at city field in Holmes Beach.
A new policy prohibiting amplified music on Sundays at events on the field should be no surprise to organizers. It was approved by Holmes Beach commissioners in August. However, the new policy has yet to be tested.
According to the city clerk’s office, the first event to be subject to the new rules — which includes limiting the number of festival days in a month — is scheduled for Nov. 8-9.
“Obviously we’re disappointed,” said Nancy Ambrose, organizer of the Nov. 8-9 Butterfly Garden Arts and Crafts benefit at the field. “I asked for a variance and it came before the commission … and they said, ‘no.’ Everyone has been really surprised.”
The event is a crafts fair to benefit the butterfly garden project adjacent to Holmes Beach City Hall. It includes a musical vendor, Patchouli, a couple who sell their recorded CDs and perform live during the event.
“There are a lot of people not happy with this. For us, we have to take their ‘no’ and go on with our event and make it as best as we can,” Ambrose said.
Festival season is building as the weather cools and northern visitors arrive. And other festival organizers have concerns about the impact of the new rules on their events.
Howie Banfield, who helps organize Winterfest, the Anna Maria Island Art League’s juried art show, approached commissioners at their Oct. 14 meeting.
“I’m not asking you to be lenient towards us on a Sunday. What I’d like to address is there’s going to be 110 artists and some of them like to strum their guitars and blow their harmonicas in their booths. It’s not a musical performance. It’s just what they do,” Banfield said.
The ordinance bans amplified music, as well as “musical performances and the like” on Sundays.
Commission Chair Judy Titsworth responded by saying if it is not amplified and it’s not a performance then it would be allowed.
City attorney Patricia Petruff noted that playing music in public at an event could be considered a performance, and while commissioners did not define the term “musical performance,” the intent of the rule was to offer residents living near the field a day of peace and quiet.
Petruff told commissioners that in cases of undefined terms, typically a general definition applies.
Petruff looked up a definition of “musical performances” on her smartphone, telling commissioners it is defined as a process where “musical ideas are realized and transmitted to a listener…”
Banfield rephrased his remarks, asking if solo musicians playing an acoustic instrument for themselves in the park “troubadour style” would be against the ordinance.
“If someone were having a picnic (in the field) and strumming their guitar, would you ask them to leave? I need to know what I am going to take back to the art festival,” he said.
Banfield then unsheathed a mandolin he had carried to the podium and strummed a few notes for commissioners. He wanted to point out the innocuous nature of the acoustic instrument.
He said the December WinterFest organizers are seeking solutions to announce the winners of the juried show at the event without the use of a microphone.
“I think it’s going too far. I don’t think that’s the spirit of what we were intending. I’d like to see an exception. This is an unintended consequence. It’s a perfect example,” said Commissioner David Zaccagnino.
But Titsworth, who lives within a few blocks — apparently within hearing distance — of city field, held steadfast on prohibiting impromptu musical performances, including “troubadour-style” musicians. She discouraged the idea of exemptions.
“The term musical performance is not defined (in the ordinance), and who knew we could argue about it. Going to the common definition, very clearly the example of the strolling troubadour meets this, but I caution you to not open another sticky wicket and interpret it on the fly,” said Petruff.
Commissioners agreed the issue warranted discussion and moved it to a future work session agenda.
Holmes Beach field rules
Commissioners adopted regulations for the use of the city field in Holmes Beach in late August, including:
• $50 non-refundable application fee.
• $250 non-refundable per-day fee for use.
• $500 refundable deposit.
• Only events benefitting Anna Maria Island charities will be permitted.
• Limit of two events per month.
• An organization is limited to three events per year.
• Amplified music and “musical performances and the like” is prohibited on Sundays.