Busker beats ticket after backlash over video on social media

A Kelowna busker, who was issued a noise violation ticket last week, had his ticket downgraded to a warning following backlash on social media.

A City of Kelowna bylaw enforcement bylaw officer fined the busker $500 following a complaint from an occupant of a building where the musician was performing.

The busker, Michael Elliott, posted a video of the incident on Facebook and says he was treated unfairly.

The video has been viewed more than 60,000 times.

A “co-operative approach” was attempted by the bylaw officer initially, said Rob Mayne, divisional director of corporate and protective services with the City of Kelowna.

However, the officer was “unable to negotiate a solution in the moment with the performer and decided to issue a ticket,” he said.

The busk stop program, operated by Festivals Kelowna, sets the sound level amplifiers can be used at, said Mayne.

Bylaw and RCMP officers ask that buskers carry their permit with them to determine if the musician is connected with the Festivals Kelowna program, he said.

“Although we have issued warnings to this performer last summer and even the day before he was ticketed, we are willing to try again,” said Mayne. “We want to arrive at a solution that is fair to all the other buskers who do comply with the rules.

“Bylaw officers have the difficult job of reacting to complaints from property owners and residents, while educating those who are not complying with bylaws to get them to change their behaviour.”