MARGATE – Numerous gave the Board of Commissioners an earful at their July 18 meeting when they protested numerous quality of life issues, including the city’s parking problem, speeding, outdoor dining, public urination, having sex in vehicles, foul language and noise coming from local bars until 4 a.m. Residents also questioned the commissions’ stance on broadcasting meetings live on Zoom without allowing public comment.
As a result of their comments, the board tabled adoption of an ordinance revision that would clean up language differentiating outdoor and sidewalk dining.
The proposed language changes dining on “private property and sidewalks” adjacent to eating establishments to “public property and public rights of way,” and refers control of the serving of alcoholic beverages as defined by the state Liquor Control Board and governor’s Executive Orders that have been in place since the COVID-19 pandemic.
The ordinance maintains hours for sidewalk service between 7 a.m. and 10 p.m. but eliminates the requirement for operators to remove chairs and tables from the sidewalk, prohibits cooking in the sidewalk right of way, and maintains a 4-foot-wide unobstructed pathway to ensure public and ADA accessibility. It adds the Zoning Office as one of the offices responsible for reviewing and approving annual applications.
One resident said she is “suffering” through noise coming from the outdoor dining space recently approved for the parking lot at Robert’s Place on Essex Avenue, stating that she believes the ordinance allows the restaurant to expand its operation in a residential area, which interferes with the quiet enjoyment of her home.
An attorney for a nearby condominium association said the commissioners must provide safeguards to lessen the impact on neighbors, such as more strictly enforcing the city’s noise ordinance.
“These limitations are reasonable,” the attorney said.
Another resident said music emanating from Robert’s Place is “unbearable” and often goes beyond the time limit, and food and drink service continues through the night.
“We have to find a way to co-exist with residents,” he said, stating Margate is becoming a “party town.”
The governor extended liquor service and outdoor dining to parking lots and public rights of way during the pandemic. The order is currently in place until November, but the state is considering making the provision permanent, Solicitor John Scott Abbott said.
Abbott said litigation with Robert’s Place brought the issue to the forefront and prompted the ordinance changes. An additional ordinance about dining on private property is also in the works, he said.
“We’re prepping for next year,” he said, noting that the commissioners want to hear public opinion.
“Everyone’s input is welcome,” he said.
Officials noted that residents experiencing noise or other issues must call police to file their complaints so it can be tracked and recorded.
“There have been zero calls this year,” Police Chief Matthew Hankinson said.
Abbott said the litigation resulted in the owner of Robert’s Place agreeing to certain conditions to resolve issues, such as erecting sound barriers and offering on-site security.
Jerry Blavat's fans gather on the front steps of his Memories in Margate nightclub.residents said the noise issue is prevalent at other establishments as well, especially in the Marina District surrounding Memories in Margate, which recently reopened under new ownership after the death of Jerry Blavat.
“It’s a memory of Memories,” one man said.
He noted that he has witnessed people dealing drugs, urinating on private property and carrying open containers of alcohol out of the bar.
“We come here for some peace, and I haven’t slept for over a month,” he said, calling Memories a “nuisance” business.
Another woman who lives nearby said she has been picking up empty beer cans, plastic cups and trash littering the sidewalk along Amherst Avenue.
“All you need are trash containers along the street,” she said, also noting the noise is “out of control.” When she approached an officer sitting in one of four patrol vehicles parked outside of Memories, the officer gave a snarky remark that she was annoying him.
“Spread the cops out, they can’t all be in front of Memories,” she said.
Another woman said one night she counted 78 people urinating on private property between 10 a.m. and 1 a.m.
Yet another woman said she parks her vehicle in Longport because she doesn’t want anyone coming out of Memories and vomiting on her car. Women and men are leaving Memories to urinate outdoors on neighbors’ lawns and then go back into Memories, she said.
Another woman said Margate is “turning into a kids’ crazy town.”
One gentleman challenged the commissioners to get up at 4 a.m. and go to the business to see what’s happening there.
“Come down there and see what’s going on. It’s absolute chaos,” he said.
Another woman asked how residents can get the ordinance changed to close bars and restaurants at 2 a.m. like in other communities.
“At 4 o’clock, there’s nothing but trouble,” she said.
“All things are on the table for consideration,” Mayor Michael Collins said.
Abbott said at one time, there was a push to allow liquor service 24 hours to prevent people from leaving a bar all at one time. His comments were met with a groan from the audience.
Commissioner of Public Safety Cathy Horn said the police are aware of the problems at Memories and other establishments and are working to control the situation as best they can.
“Over the last 10 years, we haven’t written as many citations for public urination than we did this summer,” Hankinson said, noting he has a high opinion of his police force. “It’s not the Geator’s anymore and this is the first summer without the Geator.”
Hankinson said he has spoken with the owner of Memories, who is willing to do more to control the situation.
“These are conversations we are having with the owner,” he said.
He said he would be calling the owner the next day.
The Atlantic County Division of Public health has a noise control program in effect for disturbances between residential properties, but residents said the city should have an officer trained and equipment to take decibel level readings locally that can be used as evidence in court.
A resident said the ordinance revision as proposed would promote more drunk driving, which will require more police patrols.
Another resident suggested publishing names of those charged with disorderly offenses and driving under the influence.
“A thought occurred to me while listening to all this, if we publish their names in the media…if that might be a deterrent over time,” he suggested.
Collins motioned to table the outdoor dining ordinance so it can be further reviewed before moving forward with it.
Regarding audience participation during Zoom broadcasts, Abbott said an internet troll “zoom bombed” a meeting being broadcast in the meeting room while engaged in a sex act. However, residents said Zoom meetings can be closely monitored to prevent such intrusions.
Collins said the commission might reconsider its decision to not permit video and public commenting while broadcasting meetings on Zoom so out of town residents can participate.
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