Ocean City Council Makes Final Decision On Boardwalk Entertainers Law

OCEAN CITY, NJ — After nearly a year of discussion concerning a proposed ordinance that would place regulations on entertainers on the Ocean City Boardwalk, the latest proposal received unanimous approval from city council Thursday night.

However, there was one more discussion to be had before the final vote.

Councilman Keith Hartzell expressed concern that there won’t be one night of quiet on the boardwalk. Tuesday and Thursday has been reserved for events sponsored by the Boardwalk Merchants Association, and the other five nights will be open for boardwalk entertainers to perform.

“What about people walking on the boardwalk? What’s their perception? Do they want one night where they can just walk on the boardwalk and listen to the water? I feel strongly that we need one night of quiet,” Hartzell said.

His main concern was that there won’t be quiet on Sundays. Performers will be allowed on the boardwalk on Sundays, but only between 7 p.m. and 10 p.m. On Monday, Wednesday, Friday and Saturday, they are permitted to perform between 6 p.m. and 10 p.m.

“I think there’s a sanctity to Sundays,” Hartzell said. “It’s what we were founded on.”

When Ocean City was founded in 1879 on the blue laws, which forbid shopping, bathing, swimming and other leisure activities on Sundays. Businesses were even forbid from opening.

Over time, amendments have been made to the blue laws, although the ban on alcohol sales remains in effect. Hartzell still sees Sundays as sacred. He also voiced concerns that although city officials spoke with both the entertainers and the Boardwalk Merchants Association, others who use the boardwalk didn’t get to have their say.

Ocean City Director of Services Michael Allegretto, who worked with both groups to help develop the ordinance, said the original intention was to leave Sundays inactive on the boardwalk, but reached the compromise at the entertainers’ request.

“They already weren’t allowed to perform on Tuesdays and Thursdays. They felt that three nights was a lot,” Allegretto said.

He also said that there was no expression that one night should necessarily “be quiet” so he didn’t push the issue.

Ocean City Mayor Jay Gillian said his office did hear from a lot of different people on the subject. City Solicitor Dorothy McCrosson also said performers are spaced out so that there are pockets of quiet areas along the boardwalk.

“I’d like to get this going and see what we have,” Gillian said.

Officials had previously said the ordinance would be in effect for this summer, and city council will be able to evaluate the results in the fall.

The proposal calls for an annual fee of $50 per entertainer, with one flat fee for a band. All performances between the Friday before Memorial Day and Labor Day will take place on the Boardwalk as follows:

• On the ocean side of the Boardwalk, within four feet of the railing opposite the street ends at 7th, 8th, 9th, 10th, 12th, 13th and 14th streets;
• At the ocean fronting beach pavilions located or to be built on the ocean side of the Boardwalk between 5th and 14th streets; and
• On the ocean side of the Boardwalk, within four feet of the railing between 5th and 6th streets.

No performers can remain at the same location for more than four hours in a 24-hour period.

A representative of the city will be on hand each day to assign and monitor locations. More than one performer is not permitted at the same location, but that guideline was put in place to avoid any conflict.

McCrosson previously said the city would allow for a “cooperative spirit” between entertainers in certain situations.

Licenses will be issued by the Department of Community Services, and must be displayed at all times during a performance. They are non-transferable.

Any license for a performer under 18 years of age must include signatures from both the performer and their parents. A picture of the adult must be included with the license.

Sound may not be audible 30 feet from the Boardwalk railing adjacent to where a performer is playing. Performers and their audiences may not block the Boardwalk, and all performances must be family-friendly.

Penalties for violating any aspect of the ordinance can be up to $2,000, but McCrosson pointed out that judges administer penalties in Ocean City on a progressive basis.

She also said penalties may begin with a warning from the judge, and Ocean City Police are likely to give warnings before they start handing out violations.

Anyone who’s ever been convicted of a criminal offense will be unable to obtain a license, but McCrosson said that aspect can also be evaluated if need be.

During the public hearing on the ordinance, Fairness In Taxes President Jim Tweed called the ordinance an example of Democracy in action. He said he teaches American History to immigrants preparing to take their citizenship test, and used this ordinance as an example of how Democracy works.

“At the national level, Democracy isn’t working as well as it does in Ocean City, New Jersey,” Tweed said.
He was referring to the fact that teenage performers Andrew Leonetti and Ricky Hardin have been outspoken on the issue since it was first introduced.

When they spoke out against the last proposal in December, part of their issue was that the performers had no say in helping to develop the ordinance.

As a result, Ocean City Mayor Jay Gillian asked members of the city’s Community Services team to meet with performers to set new guidelines.

At the introduction of the most recent proposal two weeks ago, Leonetti thanked the city for their efforts on the issue.

Patch file photo