New Limits on Plugged-in Buskers Exempts Keyboards

OCEAN CITY – Electronic keyboards are in, but no other form of amplification for boardwalk musicians playing for tips this summer are, under an ordinance introduced by Ocean City Council April 11.
The city administration proposed a similar ordinance earlier this year, but council held off after a young keyboardist pointed out that as written, the previous version would have kept his music off the boardwalk entirely.
The public will have a chance to comment at a public hearing before the final vote on the ordinance, planned for the April 25 council meeting set for 7 p.m. on the third floor of City Hall, 861 Asbury Ave.
The city received numerous complaints about the boardwalk buskers playing too loudly, city attorney Dorothy McCrosson told council members earlier this year. The intent of the original ordinance was to prevent musicians from using amplification, including microphones or electric guitars.
Before the ordinance came up for a final vote March 14, Bryan Woolbert, a student at Cairn University who lives in Egg Harbor Township, appealed to the city for an amendment. He pointed out he could hardly drag an acoustic piano up to the boardwalk for performances, and without amplification, his battery-powered keyboard could not be heard at all.
Mayor Jay Gillian promised at the time the ordinance would be reworked to ensure Woolbert could play his piano on the boardwalk.
Residents and musicians brought up fresh concerns April 11.
Chris Leibrant, the owner of a music store on Asbury Avenue, expressed concern for the voices of young singers trying to project over a boardwalk crowd without amplification. 
“They’re going to end up ‘scream singing’ just to be heard,” he said.
Others pointed out that like a keyboard, a bass guitar cannot be heard without amplification, and an electric guitar is a different instrument than an acoustic guitar, arguing that the two should not be seen as interchangeable. Further complicating the issue, residents stated that horns and other brass can be louder than some amplified music.
Ocean City resident Georgina Shanley thought as a matter of fairness, businesses should also be required to limit their music. She pointed to pirate-themed attractions and an adventure-themed miniature golf course that plays loud music and sounds throughout the day.
“Unless they’re stopped, I believe that these musicians should be allowed to play without any limits. It’s selective enforcement to allow these businesses to have this music at a high decibel level. You can hear it the whole length of the boardwalk.”
She asked council to scrap the ordinance, saying Ocean City has already been described as the most boring town in New Jersey.
Not every speaker was in favor of allowing the musicians to amplify. Jody Levchuk, the owner of a boardwalk arcade, said there is a big difference between the professional musicians the city hires to play on the boardwalk for family nights and other events compared to those who apply for a busker permit.
“I’ve got nothing but love for a lot of the boardwalk entertainers that come up there. Some of them put on some great shows. They’re quiet. And they really have something going on,” he said. But some of the performers may not realize the distraction they create. He said it is a lot different for someone walking by for a few minutes compared to someone on a six- or eight-hour shift on the boardwalk across from “what some folks might not consider any entertainment value whatsoever.
“It becomes problematic,” he said.
“It’s very, very difficult to be a musician in today’s world. To make money at it is really rough,” a resident said at the beginning of the meeting, stating that his son is in Los Angeles trying to make it as a musician. “We should give these musicians every bit of help we can, not make it more difficult for them.”
Some members of council had questions about the change. Councilman Keith Hartzell questioned why a microphone could not be used if it did not exceed the amplification built into a keyboard.
Ocean City limits noise based on whether something is audible from 30 feet away, rather than by the decibel level.
Councilman Anthony Wilson, whose daughter is a singer who often performs at city events, said the idea behind the ordinance was just to allow keyboards.
“You can’t roll your baby grand up to the boardwalk. That’s a little challenging,” he said, arguing that singers are a different story. “You have the ability to hone your craft and belt out your song and do what’s necessary in order to be heard.”
The city has been struggling with the issue since 2013 when City Council first weighed the idea of requiring a permit for boardwalk buskers. Some merchants and others complained about the performers, while some performers and many boardwalk regulars argued that they should be allowed to play where they want.
At one time, Ocean City banned buskers from the boards, with police issuing summonses. Now, there is a formalized process, with aspiring entertainers filling out an application and paying a $50 fee per season and requesting times and locations when busking is allowed. Other events take place Tuesdays and Thursdays, so there are no buskers on those evenings. The musicians must pack up by 10 p.m.
To contact Bill Barlow, email bbarlow@cmcherald.com.