OCEAN CITY

BOARDWALK PERFORMING AND VENDING

There is no lottery system or permit required to perform on the Boardwalk.

Exchange visitors (J1 students) must seek sponsor approval before undertaking activity on the boardwalk. Identifying information of J1 students found in violation Section 62 will be forwarded to their respective sponsor and the U.S. Department of State.

The Boardwalk is a manmade promenade that runs parallel to the beach and is designated or referred to as “Atlantic Avenue” or the “Boardwalk.” The Boardwalk runs from South Second Street to 27th Street. Street ends are the areas or portions of the Boardwalk located at the Boardwalk’s intersection with an east-west street and are ideal locations for performing and vending. No person shall engage in performing or vending on the street ends located at N. Division Street and Dorchester Street.

Expressive material means newspapers, periodicals, books, pamphlets or other similar written material. Expressive materials also means cassette tapes, compact discs, digital video disks, paintings on paper or fabric, photographs, sculpture and prints, but only if they have been created or composed by a performer or vendor. Expressive material shall not include the touching of other persons as in hair-braiding, hair-feathering, nail painting or any other touching, or the application of substances to other persons, including, but not limited to, paints, dyes and inks.

Expressive Material as defined in Judge Ellen Hollander’s 2011 Preliminary Injunction ruling:

“Expressive material is defined as any item or items that (1) have been created, written, or composed by the person who sells, rents, or changes them for a donation; (2) are inherently communicative; and (3) have only nominal utility apart from their communicative value.

a) By way of example, and not limitation, the following items ordinarily are inherently communicative and have only nominal utility apart from their communicative value: books, pamphlets, cassette tapes, compact discs, digital video discs, paintings, photographs, and sculpture.

b) By way of example, and not limitation, the following items ordinarily either are not inherently communicative and/or have more than nominal utility apart from their communicative value: housewares, appliances, articles of clothing, sunglasses, auto parts, oils, incense, perfume, lotions, candles, jewelry, toys and stuff animals.”

Perform, performing, performance or performances mean to engage in playing a musical instrument, singing, dancing, acting, pantomiming, puppeteering, juggling, engaging in magic, presenting or enacting a play, work of art, physical or mental feat or creating visual art. The terms shall not include the application of substances to other persons, including, but not limited to, paints, dyes and inks, nor shall the terms include the provision of personal services that involve the touching of another, such as nail painting or hair weaving, braiding, cutting, or styling.

A performer is a person who performs. Indicia of a performer are seeking or accepting voluntary contributions through any means, including passing around a hat or leaving open an instrument case or other receptacle, soliciting, or accepting, directly or indirectly, donations after a performance, attempting to draw attention, convene an audience or engage onlookers as spectators or participants in a performance. Individuals who dress in a costume, pose for photographs and solicit or accept gratuities will be deemed performers and are subject to the rules and regulations pertaining to performers.

Vending means to sell, offer for sale, expose or display for sale, solicit offers to purchase, barter or receive compensation for expressive materials other than from a traditional brick and mortar establishment or property, even if characterized as a donation.

Only expressive materials may be vended on the Boardwalk.

Panhandling and the peddling of non-expressive materials on the Boardwalk is prohibited. Vending as defined above (i.e., vending of all newspapers, periodicals, books, pamphlets or other similar written material; and of cassette tapes, compact discs, digital video disks, paintings on paper or fabric, photographs, sculpture and prints that have been created or composed by a performer or vendor) is permitted as described below. Peddling and hawking are not permitted on the Boardwalk or any Ocean City street or public way, beach or parking lot.

Only performers may perform on the Boardwalk.

The provision of services not constituting a performance offered in exchange for consideration, including, but not limited to, seeking or accepting voluntary contributions, and soliciting or receiving, either directly or indirectly, donations or gratuities, is prohibited.

Only a performer as defined above (i.e., a person that engages in the playing of a musical instrument, singing, dancing, acting, pantomiming, puppeteering, juggling, engaging in magic, presenting or enacting a play, work of art, physical or mental feat or creating visual art) is permitted to perform as described below in this chapter.

Rules and regulations governing performers and vendors.

All persons seeking to perform or vend shall comply with, the following restrictions:

(a)  No performer or vendor shall place or allow any item exceeding six feet above ground, or allow any street end to be enclosed, or affix props or equipment to the Boardwalk surface. Performers and vendors can utilize an umbrella for sun shade however it must be removed at sundown.

(b)  No performer or vendor occupying a location shall leave items unattended for a period longer than 15 consecutive minutes.

(c)  Performers and vendors shall not engage in any performances or vending on the Boardwalk after 1:00 a.m. each day.

(d)  At all times, all persons on the Boardwalk, including performers and vendors, must comply with section 30-271 of the Town Code which states, “It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the corporate limits of Ocean City.” Prohibited noise restrictions are enumerated in the Code and may apply when determining if a violation is warranted.

(e)  All performers or vendors must keep clean and free of litter and debris the area in which they perform. No permanent markings shall be made in any area by a performer or vendor.

(f) Generator or generators are machines designed to produce electrical energy that are powered by combustible fuels, including, but not limited to, gasoline and propane. A performer or vendor shall be permitted to use generators in any place on the Boardwalk where performing or vending is authorized, but they shall not be permitted to fuel or refuel generators on the Boardwalk or store, or otherwise possess, fuel on the Boardwalk not contained in the generator.

(g)  No performer or vendor shall connect to any municipal electric outlet for use in any display or performance.

(h)  No performer or vendor shall use nudity, pornographic materials, or obscenity in any display or performance.

(i)  No performer or vendor shall use animals while performing or vending on the Boardwalk, other than for legitimate purposes pursuant to the Americans with Disabilities Act.

(j)  No performer or vendor shall use fire or similarly hazardous materials while performing or vending on the Boardwalk. Similarly hazardous materials shall include, but are not limited to, knives, swords, or other sharply bladed instruments.

Use of Town property for performing or vending prohibited.

No performer or vendor shall use or obstruct access to any Town-owned or maintained property, equipment, or utilities including, but not limited to, street furniture, benches, planters, trash receptacles, or other structures or equipment installed on public property for purposes of performing or vending or for displaying anything whatsoever.

Violations.

Any person found to be in violation of a provision of this chapter may be subject to the following:

An infraction punishable by a fine of no less than $100.00 and no more than $1,000.00.

Nothing in this section shall be construed as prohibiting the Town from enforcing any and all other provisions of this Code or other applicable laws.

 

For additional information, contact the City Clerk at 410-289-8842.