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. 
