Ocean City Considers Regulations for Street Performers

Ocean City, NJ -- Following two amendments and a discussion of the First Amendment, Ocean City Council came a step closer to what City Solicitor Dororthy McCrosson called “reasonable regulation” of some boardwalk performers in Ocean City Thursday night.

City council approved a proposed ordinance on introduction that would set regulations for currently unregulated street performers.

The ordinance applies to young performers not hired by the Boardwalk Merchants Association.

It is for those performers looking to sell a CD or make some tip money, and is designed to protect against professional performers who perform unsolicited on the boardwalk nightly and make thousands of dollars from tourists.

The proposed ordinance designates the boardwalk, between 5th and 6th streets, along the railing as the area in which to perform, and sets performance hours as between 9 a.m. and 11 p.m., Monday-Thursday; 9 a.m. and midnight on Friday and Saturday; and noon and 6 p.m. on Sunday.

Performers would have to stand 100 feet apart, and would be required to stay within a certain sound limit.

They can also perform in other public areas outside the boardwalk, except within 100 feet of a school, library or church while in session, or any other area excluded by city council or the police department. Performances on private properties are also permitted, with written permission from the property owner.

Seasonal passes are required for $50. Each individual in a group must have a permit, but no group will be asked to pay more than $100 for a permit. In the event a performer loses a permit, it can be replaced for $25.

Mayor Jay Gillian said the fee is necessary to cover costs the city must put out.

The proposed ordinance originally called for a performer to have his or her permit suspended for 30 days after three violations, and revoked permanently after five violations. A violation occurs when a performer refuses a police request to move their performance.

Councilman Anthony Wilson suggested five strikes may be too many. Most of council ultimately agreed, and after two amendments, agreed on system in which the permit would be suspended after two violations and revoked after three.

Councilman Pete Guinosso voted against each amendment, and the ordinance as a whole, arguing the ordinance infringed on a person’s First Amendment rights to express themselves.

“I’m concerned about charging people for their rights,” Guinosso said.

McCrosson said the ordinance doesn’t concern content of the performance, and no performer will ever be issued a violation based on content. She said the ordinance simply designates an area in which performers can perform, so as not to impeded on pedestrians on the boardwalk, business operations of stores or other performers hired by the Boardwalk Merchants Association to perform on the boardwalk.

“This gives performers a chance to do what they want without getting in the way of people,” Councilman Antwan McClellan said. “And there are safety concerns with this. The Boardwalk Merchants Association supports this, so I see no reason not to support it.”

“I get the First Amendment argument, but I don’t think it’s so much curtailing expression as it is curtailing the results of the performance,” Councilman Michael DeVlieger said. “ … It’s not saying you’re not only going to allow country music or rock and roll or opera. You wouldn’t allow someone to walk naked down the boardwalk. It’s anything that would detract from the overall experience for the customer. It’s not regulating anyone’s expression.”

“You can walk up and down the boardwalk and sing,” Councilwoman Karen Bergman said. “No one’s going to stop you. This is about making sure these performances are all in one area.”

Guinosso maintained his position, saying any regulation is unreasonable.

The final vote was 6-1.

The public hearing and final vote on the proposed ordinance is set for March 24.