Ocean City On Right Track For Boardwalk Entertainers Proposal

OCEAN CITY, NJ — Sometimes, the third time really is the charm. For the third time in the course of a year, Ocean City Council introduced a proposed ordinance regulating entertainers on the Ocean City Boardwalk during Thursday night’s council meeting.

While there were many things that set this proposal apart from the previous two, there was one moment that showed the city administration was on the right track.

“There is nothing wrong with this new ordinance,” teenage performer Andrew Leonetti said during the public comment portion at the start of the meeting.

This was noteworthy because Leonetti and bandmate Ricky Hardin spoke out against each of the previous two proposals.

When they spoke out against the most recent 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.

On Thursday night, Leonetti thanked Community Services Director Michael Allegretto for meeting with him twice.

The newest proposal calls for an annual fee of $50, but there is no mention of a $25 application fee that was proposed previously. The $50 fee is per entertainer, but there is one flat fee for a band.

The proposal calls for all performances between the Friday before Memorial Day and Labor Day to 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.

Performances will take place on Mondays, Wednesdays, Fridays and Saturdays, between 6 p.m. and 10 p.m. 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. In response to a comment from a parent of one of the performers, City Solicitor Dorothy McCrosson said the city would allow for a “cooperative spirit” between entertainers in certain situations.

Specifically, the mother cited an instance in which there was someone playing the cielo and her son spontaneously took out his violin and the end result was a beautiful musical collaboration. The city isn’t looking to crush this kind of spirit, McCrosson said.

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.

When Fairness in Taxes President Jim Tweed questioned officials on the timing of the introduction being in the winter as opposed to when most entertainers will be around, such as in June, McCrosson responded that this is the third time this ordinance has been introduced.

“Once was in the dead of winter, another time was in the summer and now on the verge of spring,” McCrosson said. “There has been no lack of commentary on this issue.”

City council unanimously approved the proposed ordinance on introduction by a 6-0 vote. Councilman Keith Hartzell was unable to attend Thursday night’s meeting.

The public hearing and final vote on the proposal is set for the March 23 council meeting. If approved, it will take effect for the summer, and city council will evaluate the results in the fall.

Patch file photo