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NewsDecember 1, 2010

The Cape Girardeau Noise Disturbance Committee seeking public input on what to change or leave the same in the city's current noise ordinance heard more residents' concerns than their suggestions Tuesday at a one-hour hearing at the Osage Community Centre...

Bel Air Grill owner Misty Thrower speaks during a hearing with the Noise Ordinance Review Committee Tuesday, Nov. 30, 2010 at the Osage Centre. (Fred Lynch)
Bel Air Grill owner Misty Thrower speaks during a hearing with the Noise Ordinance Review Committee Tuesday, Nov. 30, 2010 at the Osage Centre. (Fred Lynch)

The Cape Girardeau Noise Disturbance Committee seeking public input on what to change or leave the same in the city's current noise ordinance heard more residents' concerns than their suggestions Tuesday at a one-hour hearing at the Osage Community Centre.

And although committee members asked the approximately 75 residents who attended to not single out one business or noise violation, many of the people who spoke referenced Bel Air Grill, which in May received its first citation ever for playing music too loud.

Bel Air owner Misty Thrower said until this year the music -- usually played by a live band on weekends -- hasn't been a problem with downtown businesses or residents.

Judith Ann Lang, a home owner on Merriwether Street, said it has been an issue but has just this year started to be enforced.

"We have a new administration that's now enforcing an ordinance that's been on the books a long, long time," Lang said. "It was nice to finally have an ear to listen to us."

Lang, one of about a handful who suggested an ordinance change, said it could be more clear, referencing ordinance language regarding the distance noise is audible.

"We all live here, we all pay taxes. We all deserve the same peace and quiet," she said. "It's important to attract visitors, residents -- we're trying to change our downtown right now to a more family atmosphere."

Tyson Glaser, who manages a Facebook page supporting Bel Air, spoke about traveling with the military and said that Cape Girardeau has the quietest downtown he has come across. Additionally, Glaser told the committee he has read the current ordinance several times and said what is noise to him may not be noise to others.

"What's a reasonable person with normal sensitivities?" Glaser said, questioning the ordinance language. "A reasonable person wouldn't expect quiet at 11 p.m. downtown ... in a college town. I do think it needs some changes, but I don't think it needs to hurt downtown businesses."

Siding with Lang, two downtown bed and breakfast owners also cited their issues with the noise.

Teresa Neumeyer said in past years they've experienced disturbances with college students having loud parties next door, but police officers have responded in a timely manner.

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"Our guests were able to sleep that night," she said. "Our windows rattling from music at a bar, that's not reasonable."

Bellevue Bed and Breakfast owner Brian Langlois spoke directly to Glaser, calling Cape Girardeau more than a college town. It's a town with good businesses, he said, and people who depend on respect from their neighbors.

"I think it's a terrible thing to say because you live and do business downtown you have to put up with a certain amount of rude noise," Langlois said.

His wife, Linda, also addressed the committee, asking the ordinance to be strong and concise and if it is changed she said the committee should spend time educating the city's residents.

Another downtown homeowner, Lyman Pitman, and Lester Conway, who lives near Lexington Avenue, both spoke of their concerns regarding mobile noise. Pitman said he finds it disturbing to feel his car shaking at a stoplight because a nearby motorist is playing music loudly, with a high level of bass.

"I think that this is especially true for some people who may find that what they're hearing is offensive to them, in terms of language," Pitman said.

Committee member Charlie Herbst concluded the meeting, telling the crowd the committee plans to take all the comments made Tuesday into consideration. They're also researching noise ordinances from other Missouri cities for additional direction.

Herbst said the committee hopes to provide the council with information in, at most, 60 days.

ehevern@semissourian.com

388-3635

Pertinent Address:

1625 N. Kingshighway, Cape Girardeau, MO

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