Rehoboth to toss noise meters?

Noise meters in Rehoboth Beach may soon be a thing of the past as city officials try to find a more enforceable standard for the city’s noise ordinance.

Commissioners expect to review a first draft of a revised noise ordinance at the commissioners’ January workshop meeting. Commissioner Bill Sargent will take the lead to draft and distribute a proposed ordinance to his fellow commissioners, Rehoboth Beach Main Street and the Rehoboth Beach-Dewey Beach Chamber of Commerce to allow the business community to see what is being proposed.

“What has become very apparent to all of us is that our current noise ordinance is very hard to enforce,” Sargent said.

Rehoboth Beach Police Chief Keith Banks said enforcement is difficult, although few businesses are creating noise problems. Some of the restaurants causing problems, he said, were not receptive to police urging to turn down the noise.

Sargent has argued a standard known as plainly audible standard, which is loosely defined as any noise that can be plainly heard across property boundaries. He said plainly audible is a fair standard but one that is not too rigid.

Commissioner Dennis Barbour said he fears the city is moving to a stricter standard to handle a problem that is limited to a few businesses and a small group of chronic complainers. He said the plainly audible standard was not appropriate for Rehoboth, and the city should work with the business community to find a standard.

“I would not want to see us go down that road,” Barbour said. “It is not applicable to this town. I think it would end up being overly restrictive and unfair.”

Commissioner Lorraine Zellers said the city could do both – have a plainly audible standard but find one that is appropriate for Rehoboth.

Commissioner Pat Coluzzi said, “Plainly audible might not be the words we want to use, but maybe it is something like that. It is probably going to have to be something that is not technology dependent.”

As a counterpoint, the commissioners heard a presentation from Cpl. Jerry Bryda of the Newark Police Department on Newark’s noise ordinance. Sargent said Newark, while a college town and not a beach resort like Rehoboth, does have a similar situation in that it has a downtown bar and restaurant scene located within a residential neighborhood.

Bryda said Newark’s ordinance, in effect since 1981, relies on the plainly audible standard. The law applies to residences and businesses.

The law is complaint driven; if a noise complaint is called in, police go to the address where the noise is coming from. If the noise is plainly audible to the officer – meaning for example, lyrics to a song can clearly be heard – the officer can write a criminal summons.

In addition, Newark has a disorderly premise ordinance, which regulates crowd noise, fighting, yelling, screaming or anything, that disturbs the quiet and good order of the city, Bryda said. This law applies generally to commercial areas, such as bars where fights break out or that are overcrowded. The same law can also apply to houses in cases such as college parties.

Bryda said Newark’s policy is zero tolerance for noise after 9 p.m. He said the laws became necessary when college students started moving into residential neighborhoods and hosting loud parties.

Bryda said 96 percent of the noise complaints in Newark were residential, with only a small percent for businesses. Noise cases go before the Newark Alderman’s Court, where Bryda said they are generally resolved, but appeals can be made to the Court of Common Pleas.

Most in the audience at the Friday, Dec. 17 meeting were receptive to Bryda’s presentation, but some said the comparing Rehoboth to Newark was inappropriate.

Resident Tom McGlone said, “I think if you were going to be choosing someone for comparison’s sake, you could turn around and get Dewey Beach.”

He said Rehoboth did not have a noise problem but a problem with a few residents complaining.

Drexel Davison of Bad Hair Day? and Main Street said, “Those policies sound great for a bunch of college kids that need to keep it down over a keg of beer.”

Coluzzi said, “We are a tourist town; we are not a university town. Businesses are the lifeblood of this town. I don’t think the way Newark does it is necessarily appropriate for Rehoboth.”

The commissioners set no deadline for completing revisions to the noise ordinance and the restaurant patio ordinance.

Restaurant revisions
Commissioner Stan Mills, along with Zellers and Mayor Sam Cooper, presented a series of clean-up items as part of an initial review of the restaurant code. Most of the changes involve definitions and clarifying language, with the biggest change being establishing a patio license separate from a standard permit of compliance.

Mills said the changes still need to be reviewed by the building and licensing department and the city solicitor before moving to a first draft.

While some called the changes mere housekeeping items, others were not thrilled with changes to the restaurant code coming on the heels of the city’s September crackdown on restaurant patios and noise.

Aqua Grill co-owner Joe Maggio said, “This is a one-two punch. I think it’s a direct attack on businesses. I’m very uncomfortable with it. This is a direct attack.”