Home News Ocean City Council Introduces Ordinance to Limit the Location of Boardwalk Performers

Ocean City Council Introduces Ordinance to Limit the Location of Boardwalk Performers

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By Donald Wittkowski

 Musicians and other street performers who want to entertain the summer crowds on Ocean City’s Boardwalk would have to play by a new set of rules under an ordinance introduced Thursday night. 

The proposed measure represents a broad attempt to regulate street performers without infringing on their constitutional right to free expression, city officials said. 

“The city has the ability to reasonably regulate it,” Solicitor Dorothy McCrosson told City Council. 

Council introduced the ordinance by a 6-1 vote. A public hearing and final vote are scheduled for March 24. 

Councilman Peter Guinosso cast the lone dissenting vote after voicing concerns that the ordinance might violate free expression. 

“They have a right to sing and dance without any impediment at all,” Guinosso said. 

However, other Council members said they were confident the regulations would be constitutional. 

“I don’t think we’re trying to limit anyone’s expression,” Councilman Michael DeVlieger said in remarks that were echoed by other members. 

“I think it’s a win-win for both the Boardwalk merchants and the performers,” said Councilman Tony Wilson, noting that everyone would have an opportunity to make money. 

Under the ordinance, the performers would be confined to an area of the Boardwalk between Fifth and Sixth streets. McCrosson called the area “performers alley.” 

Performers would also be required to stay near the railings of the Boardwalk between Fifth and Sixth streets, keeping them out of the busier center sections. 

The regulations are designed to prevent the Boardwalk from becoming too congested. City officials want to make sure that Boardwalk stores are not blocked by crowds that stop to watch the entertainment. 

Wes Kazmarck, president of the Boardwalk Merchants Association, said business owners are committed to working with the performers to avoid disruptions. 

Councilman Antwan McClellan said the entertainment zone represents an opportunity to create another tourist destination on the Boardwalk. 

Ocean City resident Georgina Shanley said she has already spoken to some local performers about the ordinance and they seem receptive. 

“I think it’s a very good way for mostly young performers to collect a few bucks,” she said. 

The area between Fifth and Sixth streets was chosen because it is a wider part of the Boardwalk, does not have stores on both sides and is not as congested during the peak summer tourist season. 

The ordinance would place other restrictions on performers, including the hours they are allowed on the Boardwalk and the noise levels. In addition, they would have to stay at least 100 feet apart from each other. 

Performers would have to pay $50 for a city permit, although Council discussed the possibility of reducing the fee to $25 when the ordinance comes up for a final vote. 

Mayor Jay Gillian, an advocate of the regulations, argued that a $50 permit fee would not be excessive. He said some of the professional performers can earn $1,000 per night in tips. 

“There’s some people up there making a lot of money with no permits,” Gillian said. 

The size of the signs performers may use to solicit tips would be regulated under the proposed ordinance. They could be no larger than 12-by-12 inches. 

This is not the first time the city has taken up the issue. In 2013, Council considered an ordinance that would have required Boardwalk artists performing for tips to register for a permit. However, the measure died amid public opposition, including criticism from a number of local musicians. 

When the issue was debated before, merchants and the police complained about the noise and congestion caused by pedestrians stopping to watch the performers in bustling parts of the 2.45-mile Boardwalk. 

Ocean City is joining other seaside resort communities that have regulations to control the number of street performers and the areas where they may entertain on their Boardwalks. 

The types of performances allowed under the ordinance would include, but not be limited to, “acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry and reciting.” 

While the main focus of attention is the tourist-rich Boardwalk, the ordinance would also set aside other places where performers could entertain for tips. 

Performers would be allowed in other public areas, except those within 100 feet of a school, a library or a church while in session. 

Performances would be limited Monday through Thursday from 9 a.m. to 11 p.m., Friday and Saturday between 9 a.m. and midnight and Sunday from noon to 11 p.m. 

On Asbury Avenue, the hub of the central business district, performers would have to stick to an area between Sixth and 11th streets. The times for the Asbury Avenue entertainment zone would be 9 a.m. to 6 p.m. Monday through Saturday and noon to 6 p.m. on Sunday. 

In other business Thursday, Council unanimously approved a nearly $450,000 contract for the installation of artificial turf at Carey Field, the main outdoor venue for Ocean City High School’s athletic teams.

Artificial turf will replace the stadium’s existing grass surface, which requires extensive and costly maintenance, city spokesman Doug Bergen said. 

Installation of the artificial turf is expected to begin in early May and be completed by Memorial Day. Bergen said the city and high school will work with the contractor to minimize disruptions to the track team’s practices and meets. 

The turf will lie on a bed of organic cork that is considered environmentally friendly and safer than a rubber base, Bergen said. 

Guinosso, while voting in favor of the installation contract,  questioned whether more study is needed to determine whether artificial turf is safer and more durable than grass. 

Business Administrator Jim Mallon assured Guinosso that the turf is a safe surface and longer-lasting than grass. 

Susan Hornick, a local resident, urged Council to reject the artificial turf. She claimed that the chemicals used for the turf’s installation contain toxins that could seep into the soil and groundwater. 

City officials believe that the turf and its cork base are safe. Bergen said no studies have shown a cancer link with the type of cork bed that will be used at Carey Field.