Ocean City Seeks to Manage ‘Walk Performers

OCEAN CITY – This resort’s City Council met Dec. 8. On the lengthy consent agenda were some operational action items. 
Business Administrator James Mallon noted that those interested could find more information on First Night (Dec. 31) celebration details and related boardwalk improvements on the city’s website.
The main event issue of this council meeting was the reintroduction of an ordinance to regulate performers on the boardwalk. Previous attempts by Mayor Jay Gillian and his administration to do so have been unsuccessful.
Gillian pulled an earlier version of the proposed ordinance from consideration as recently as March. He said that he did not want to place undue financial burden on young performers and that there were other details to be discussed before formally considering the measure. However, he continued to cite safety concerns and a growing rise in the number of musicians and others performing on the boardwalk especially in the last couple of summer seasons. 
For the preparation of this ordinance, Gillian explained that the city had worked with the Boardwalk Merchants Association. The city worked out the details, and all had compromised in coming up with the current solution so that performers could still ply their talents but not impede business or the free flow of pedestrians on the boardwalk.
The ordinance confines performers to within four feet of the railing opposite street ends at Seventh, Eighth, Ninth, 10th, 12th, 13th and 14th streets and at pavilions between Fifth and 14th streets, between 1 and 10 p.m.
Several of those pavilions have yet to be constructed, although Gillian announced that the city had received the necessary permits to start building.
The ordinance also requires that performers be at least 18-years-old or be accompanied by an adult, who would obtain a license from the city and assume responsibility for the minor.
The license can be obtained from the Department of Community Services and will cost $25 for the application fee and $50 for an annual fee per performer.
Applicants will be fingerprinted, which is an additional cost of $15-20 to the applicant-performer, and they will be subject to a criminal history background check.
Minors will not be fingerprinted, but they must be accompanied while performing by an adult-guardian who must be fingerprinted.
The ordinance specifically states that the city will not issue a license to any applicant found to have a criminal conviction. Other requirements under the ordinance are that performers will be required to display a badge indicating they have obtained the necessary license. 
No amplifiers will be permitted and per the ordinance, “a performer may not create an undue interference with the passage of the public through a public area.” A police officer will not be allowed to remove a performer “unless efforts to move the crowd fail to adequately protect the public safety or order.”
Shortly after several people, including two young amateur musicians, criticized new regulations on boardwalk entertainers, Gillian stressed Dec. 8 that he was not trying to keep performers away.
“We’re trying to control it so we can make it fair to everybody,” Gillian said as City Council considered the proposed regulations. The council unanimously introduced the ordinance, which will be up for a public hearing and final vote Dec. 29.
To contact Camille Sailer, email csailer@cmcherald.com.