Busking isn’t just a hobby for James Flanagan, it’s his main source of income downtown — and he’s worried the city’s noise bylaw is preventing him from doing his job.
The 27-year-old singer-songwriter — who goes by Kip James while performing — plays up to five nights a week outside big venues like Scotiabank Arena and Rogers Centre following concerts and sporting events.
Thousands will pass him by as he sings a mix of modern and classic hits with a guitar in hand. Event-goers may sing or dance along on their trek home, while the occasional passerby will throw a toonie or $5 bill in Flanagan’s guitar case.
It’s a generally positive experience for the artist — until a bylaw officer catches him using sound equipment that’s deemed to be too noisy.
“The city has been hammering down on us for amplifiers,” Flanagan told TorontoToday. “I can’t do what I do without having a microphone with my voice. I’ve tried — it’s humiliating. It destroys my voice and dries up all the money.”
According to the city, noise is measured by bylaw enforcement officers using sound meters. An amended bylaw from March 2024 states that outdoor sound levels cannot exceed 55 decibels during the day or 50 decibels after 11 p.m. near a dwelling or workplace.
Amplified sound is not permitted on private patios, on sidewalk cafés or by busker permit holders — unless the permit holder has obtained a street event permit.
Using a battery-powered party speaker to heighten his sound, Flanagan argued the noise he generates doesn’t equate to the levels other buskers produce — particularly those who play unamplified percussion instruments like the drums, which are permitted under the recent bylaw amendment.
He believes buskers who sing live have been disproportionately impacted by the regulations as their vocals alone aren’t loud enough without the extra help of some equipment.
“It’s pretty unfair,” he said. “What societal harm am I causing with a little speaker? It’s not crazy loud, but I need to be heard at least 15 feet away and not just three feet away — because that’s the difference it makes. It’s a real pain in the ass.”
“The crowds are just too loud,” he added. “I got fined one of the nights Taylor Swift was here, so I tried using just my voice and it was a disaster. I need the amp.”
The city told TorontoToday that bylaw enforcement officers primarily utilize an education-first approach before applying fines. After that, there is a $500 set fine for residents who violate the sound level limits.
“The city employs a progressive enforcement model,” a city spokesperson said. “Further contraventions can be handled by a summons whereby the defendant will be required to attend court. The maximum fine under the bylaw for this contravention is $100,000.”
Since the start of this year, Flanagan has been issued four tickets — resulting in several court appearances and $375 worth of fines. He didn’t receive a single fine in 2023.
Concerned the penalties could eventually go up and become more prevalent next year, the musician is contemplating his long-term future in Toronto.
“I want to stay in this city, but if they’re going to keep hounding me for playing family-friendly music at a respectable volume, then I can’t live here," he said. "I’m born in the city and I’m giving back to it. If I’m not a nuisance, they should really let me be.”
Flanagan is one of 349 buskers in Toronto who have been issued a permit to perform on sidewalks and public spaces this year, according to the city.
Approximately 500 permits were issued in 2019-20 before it dipped to 244 in 2020-21. Permits have been on a steady rise since the pandemic. There is no cap on the issuance of busker permits.
“You’re making moments for people,” Flanagan said. “Music brings a crowd of people together, and you get to brighten people’s day all the time. There’s nothing better than good music, so that’s what I try to do.”
