Cape council repeals section of noise ordinance struck down by judge

The Cape Girardeau City Council swiftly repealed a provision of the city’s noise ordinance Monday night.

The move came in response to a federal judge’s ruling a week ago that struck down the provision as unconstitutional.

U.S. District Judge Carol Jackson issued a permanent injunction, barring the city from enforcing a section of the ordinance that prohibited “yelling, shouting, hooting, whistling or singing” if it annoyed anyone in the vicinity.

City manager Scott Meyer said police were instructed last week to cease enforcing the measure.

“It doesn’t do any good to have anything that is not enforceable on the city’s books,” Meyer said before the meeting.

Meyer said before the meeting the judge’s ruling applied to only one part of the city law. He and other city officials said last week police would continue to enforce other provisions of the noise ordinance, including restrictions on loud music.

Ward 4 Councilwoman Loretta Schneider said earlier in the day it “would be wise” for the city staff to review other provisions of the noise ordinance to ascertain whether any of those provisions could be subject to legal challenge.

“It doesn’t look real good for the city,” Schneider said of the judge’s ruling.

Schneider, however, did not raise the issue during the regular meeting Monday night.

Afterward, she said the council, behind closed doors, discussed the idea of reviewing other provisions of the noise ordinance.

Schneider said city attorney Eric Cunningham indicated in closed session before the regular meeting a review of the rest of the ordinance was not necessary.

In other action, the council approved the city’s five-year capital improvements plan.

Ward 2 Councilwoman Shelly Moore praised the efforts of residents in south Cape Girardeau who have organized a group called Stop Needless Acts of Violence Please, or SNAP.

Moore said the group, which recently met for the first time, is planning another meeting at the Salvation Army at 5:30 p.m. March 23. Moore said the meeting is open to the public.

mbliss@semissourian.com

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401 Independence St., Cape Girardeau, Mo.