Rehoboth Patios to keep same hours as restaurants
Rehoboth patios to stay open late
Noise issue viewed as separate problem
Rehoboth Beach — Visitors to Rehoboth Beach seeking a relaxing day at the beach followed by dinner and a glass of wine by moonlight got some good news Friday night.
The city commissioners unanimously approved a change to the city’s restaurant patio ordinance that will allow restaurants to serve guests on their patios as long as the restaurant is open.
Other aspects of the patio ordinance will still be in effect: no live entertainment or external speakers are allowed, and restaurants still must get a permit of compliance to serve food or alcohol on the patio.
Restaurant patios and noise became a boiling hot issue in the fall and winter of 2010, after a Sept. 10 crackdown on patio noise that saw the arrest of three restaurant owners. After a series of contentious meetings, city officials decided, as a temporary measure, to allow serving on patios during regular service hours.
When the temporary suspension ended Jan. 1, the commissioners moved quickly to make the change permanent.
While extending patio hours passed with ease, the commissioners are still working on changes to the city’s noise ordinance. They have been at odds to determine how to measure noise: use decibel meters the city has now or adopt some variation on the plainly audible standard, which determines noise violations by whether the noise is plainly audible from the street.
Mayor Sam Cooper said he was willing to move forward with the patio change in good faith with the assurance that the noise ordinance will be dealt with.
Gloria Walls, 34 Lake Ave., said she wanted to see the noise ordinance enforced.
“I understand we are a resort town. I understand I am also on a commercial street. But I also believe as a resident and a taxpayer, I have rights too,” she said.
Commissioner Lorraine Zellers said, “I think the summer has shown that it does work. Enforcement is the key. It’s not the patio; it’s the noise that everyone has issue with.”
The city has decided to make nighttime code enforcer Bobby Edmonds a full-time employee. Edmonds was hired on a part-time basis in April to help enforce city ordinances including noise regulations.
Greene Turtle co-owner Bill Frankis said of Edmonds, “He put out the olive branch, if you will. He was very respectable and a nice person to deal with."
The measure's approval was applauded by the restaurant owners and citizens who packed the Rehoboth commissioners’ room.
Business owner and former Commissioner Bitsy Cochran, who lives on Baltimore Avenue, said this summer was the best she’s had in terms of restaurants not being too noisy.
“I think the combination of allowing them to have the patios, showing your faith forward, and having Bobby walk around was a key. I think it’s a very positive thing the city has done,” she said.
Cultured Pearl owner Susan Wood said she approved of the change and that the restaurants tried really hard to rein in the noise, while still trying to compete in the middle of a recession. Wood said she believed the patio and noise issues should be treated separately.
“What you’ll find is that it wasn’t the patios making the noise; it was the noise making the noise,” she said.
Frankis said, “I appreciate the opportunity to be able to keep our patio open and have my guests be able to look out and see and smell and hear the ocean until 1 a.m. They were never unruly. I think the stage you set last summer put everyone on a level playing field.”
