Repeat Offender Ordinance Passed In OC Despite Late Pleas, Court Filing

OCEAN CITY — Resort officials Monday passed an emergency ordinance enhancing penalties for individuals issued citations for municipal infractions who continue to fail to obey the law, but not before an 11th-hour attempt by a handful of Boardwalk street performers to halt the measure in federal court.

Last week, the Police Commission forwarded a proposed ordinance to the Mayor and Council that would make it unlawful for an individual to disobey an officer’s order to immediately cease and desist committing certain municipal infractions. Essentially, the ordinance would move certain municipal infractions to misdemeanors subject to fines and even jail time in certain cases for those warned to cease illegal activities and continue to flaunt the law.

On Monday, the Mayor and Council unanimously passed the measure as an emergency ordinance because of the time of year, but not before hearing from some street performers. While the ordinance is rooted somewhat in street performers who in the past would not adhere to the regulations on the Boardwalk in terms of where they could operate or noise levels, for example, it would apply to most municipal infractions enforced by the OCPD such as smoking in restricted areas or noise violations, for example.

However, a handful of street performers who already have a case pending in U.S. District Court seeking a reversal of the town’s new lottery system for buskers, filed a motion seeking a temporary restraining order against the proposed ordinance enhancing penalties for failure to obey a lawful order.

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