By Donald Wittkowski
Ocean City will consider new regulations that would restrict the areas where street performers may entertain the public and require them to buy a permit.
Even the size of the signs performers may use to solicit tips would be regulated under the proposed ordinance that will come before City Council at its meeting 7 p.m. Thursday.
City spokesman Doug Bergen said the ordinance would allow performers to express their artistic freedoms, but it also responds to concerns from local merchants and the Police Department about noise and congestion on the Boardwalk.
"There were a lot of concerns from artists about limiting free expression, which, of course, we don't want to do," Bergen said.
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.
The new ordinance represents a much broader attempt to regulate street performers. It would restrict the areas where they could perform, the hours and the noise levels.
In addition, performers would be required to pay $50 for a permit. They would have to "clearly display" the permit while performing.
Their signs to request tips could be no larger than 12-by-12 inches, according to the measure.
On the Boardwalk, performers would be confined to an area between Fifth and Sixth streets. They would also have to stay near the railings of the Boardwalk, keeping them away from the center sections.
The area between Fifth and Sixth streets is wider, has no storefronts and is less congested during the peak summer tourist season.
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 busier parts of the 2.45-mile Boardwalk.
"Ocean City has worked with the Boardwalk merchants and the Police Department to come up with something that's reasonable," Bergen said of the proposed regulations.
Fines would be $100 for each violation of the ordinance. Performers could also have their permits suspended for not following the regulations.
Other seaside resort communities have adopted strict regulations to control the number of street performers and the areas where they may entertain on their Boardwalks.
Ocean City looked at Atlantic City's ordinance as a possible model, but has decided to go with less stringent measures, Bergen noted.
"They did not want to be as onerous," he said of Ocean City officials. "I think they wanted to avoid a safety issue or obstacles on the Boardwalk without being too strict."
The types of performances allowed under the proposed ordinance would include, but not be limited to, "acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry and reciting."
While the tourist-crowded Boardwalk would likely be the most coveted spot for street performers, the ordinance would also set aside other places where they could entertain.
Performances would be allowed in other public areas, except those within 100 feet of a school, a library or a church while in session, the ordinance says.
City Council and the police chief, however, would have the power to exclude certain public sites as performance areas.
Performance hours 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.
