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Lewes, Delaware
Jim's Towing Service
June 2, 1995     Cape Gazette
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June 2, 1995
 

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Channel Z Continued from page 10 Ferrese went on to note he met that day with the building owner, Bill Larsen, who is on the verge of selling it. He assured Ferrese that he informed Channel Z operators that entertainment would cease at 2 a.m. and as of June 30 it would close at I a.m. "He felt it was rea- sonable," Ferrese said. But one of the managers, Tim Hefflefinger, told the Cape Gazette on May 31 that he wasn't even aware of the ban on enter- tainment after 2 a.m. He said he didn't think anything went into ef- fect until June 30 when a new business license was required. He also assured that they plan to con- tinue their operation under the new ownership, while a new restaurant will open downstairs. However Hefflefinger stated that "we are going to have to abide, but we're going to fight it - its unconstitutional. The police came and said shut down at 4:30 a.m. because we violated the 'amp' law, and needed an 'amp' license, and there's no such thing. But they said nothing about an en- tertainment ban." "If a restaurant closes at 2 a.m. and until then has entertainment for its customers, and the owner, bartender, waitresses and kitchen staff are in there after it's official- ly closed and the music is turned on, does it violate the law? If you interpret that it does, then we'll enforce it," Doyle said. Ferrese replied that once pa- trons leave, they must fall back on the noise ordinance. Doyle point- ed out that it wouldn't fail under entertainment ban, but under the noise ordinance. "Patrolman Todd Mumford stated in his report that no music could be heard from the Baltimore Avenue side until you put an ear to the door on the rear deck, so I find it difficult to see how the Puseys were disturbed," Doyle added. "If you can hear it, it's too loud. It's not a judgment call at 3:30 a.m.," said Commissioner Jan Konesey said. Doyle shot back that the police were following proper procedure, shaking a thick sheaf of files filled with complaints from the Puseys over the past four years. "The .time this city has spent to satisfy two people," he shouted. "I object as a taxpayer," said Kenny Vincent, who, with a bed and breakfast on Baltimore Av- enue across the street from Chan- nel Z, has also complained about noise and misbehavior there in the pasL "You should have a better attitude. That's no way to talk and there are problems there. Every- one On the city board should take a walk between midnight and 2 a.m. and see for yourselves what goes on," he said. Konesey told the chief that she thinks people want quiet after a certain hour and "it's not unrea- sonable to want to sleep at 3 a,m. Let's find a reasonable way be- cause we pass ordinances and never enforce them." "Give us a break!" Doyle replied. "You can't give me an explanation of what to close and what's entertainment. You try and go out in the real world at 2 a.m. and interpret these laws like a college professor. "We'll do what you want, but you have to tell us. We can't vio- late the constitution and arrest without probable cause. It's not as simple as arresting if you hear noise," said Doyle. 'rbere're not easy laws to en- force and they are concerned with real crimes such as robberies," City Solicitor Walt Speakman agreed, adding they must work to- gether. "Just be patient and we'll work at it," he said, to which Bertha Pusey replied, "even when they lie2" "I object to this in a public meeting," Doyle cried out, to which Ray Pusey replied, "we'll settle this by recording later." Vincent went up to the mayor and city manager and told them he felt the police handled the matter un- professionally by bringing those files down. "They are supposed to set an example and bite their tongues. I'm a teacher and if I talked that way to a parent I would CA.PCiZE'ITE,Fridsy, June 2"xtltme 8, I99- I1 be written up. Something needs to be done." In the chief's defense, Ferrese noted that the city was found guilty of false arrest last year, as a revised noise ordinance was en- acted but hadn't been published when the police arrested the club manager for violating it. "You have to be careful with false arrest -it's difficult. But I'm optimistic it won't occur again," he said. Also following the meeting, Cooper said, "it's not a question of whether it's enforceable, al- though some items may be open to interpretation. What we need is a better way to communicate with the police as to what is expected. I should have realized the Puseys would test it immediately, al- though I sympathize with what's happened in the past. There wasn't a lot of notice and had I known, I would have said it wasn't fair to enforce last weekend." He said he and Ferrese have since met with Doyle to establish a method of re- laying what's expected and "it should go much smoother in the future." The chief said later their reports are computer generated and the times are documented and cannot be tampered with. You CAN HAVE IT ALL... A Dream Home. Resort Living. This Is The Plantations. Own a 2 Bedroom, 2 Bath One Level Townhome From Only $92,600 ! Price includes screened porch, fireplace, and all appliances including a full size washer & dryer. Garage Units Available From $111,900. RESORT& CLUB No One Can Match Us. 1600 PENNSYLVANIA AVENUE, LEWES, DE 19958 302-645-2727, 1-800-777-1530 Immediate Occupancy 2 Pools Clubhouse with Fitness Center IndoorOutdoor Tennis Courts Reassuring presence of a guard and a gatehouse. DIRECTIONS FROM RT. 1: Turn onto Road 276. Go to dead end. Turn left onto Road 275. The Plantations is .5 mile on right. Or, from Rt. 1, turn onto Rt. 24 (at McDonald's). 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