Cape Girardeau City Council asks for outdoor music permit proposal

Noise disturbance complaints about bands playing too loudly in Cape Girardeau would be taken out of the municipal court system and the financial penalty for violations removed under a city proposal that would create special outdoor music permits.

That's the direction the Cape Girardeau City Council appears to be headed in a move that members said Monday night could go a long way toward settling a downtown dispute between residents and Misty Thrower, the owner of Bel Air Grill.

"That's the goal," city manager Scott Meyer said. "We don't want these violations to send someone to court. We're not looking to beat people up with fines. We want the residents and the business to be able to coexist. We want a thriving downtown."

The council has asked city staff to prepare a proposal outlining the specifics of a permit that council members will likely discuss at their next meeting April 4. The council could vote on the creation of the permit as early as that meeting, but more likely it would occur at the meeting April 18, Meyer said.

While many of the specifics are still undetermined, the discussion during the council's study session Monday centered on setting sound limits from the sound's origin. In this case, for example, a decibel meter could be taken to Bel Air and if the reading is higher than a certain level, the speakers would have to be turned down.

Repeated violations of the permit, which council member John Voss asked to be free or at a nominal cost, would cause the permit to be reviewed, revoked or not granted again at renewal. The permits could be issued on an annual or seasonal basis.

Thrower was at the study session Monday, but she didn't comment publicly.

Craig Davis, who lives on South Spanish Street near Bel Air, told the council the permit sounded like a good first step.

But he wasn't convinced that the council's actions would completely protect nearby residents from the sounds of late-night bands playing on weekends at Bel Air.

"This started from an outcrying of the public," David said. "It appears that the council just seems interested in doing what it has to to get Bel Air open and back in business. ... Then, we have to endure another season."

Bel Air closes for winter and opens in warmer months and hires outdoor bands to perform on weekend nights.

While Cape Girardeau police chief Carl Kinnison had expressed concerns about decibel meters in the past, he said the permit proposal is "workable" because the readings would no longer have to stand up in court. A previous suggestion called for creating a new noise ordinance, either for the entire city or for just downtown, that would have required police to go to the complaining resident with decibel meters.

Kinnison said he intends to research what other communities are doing with outdoor music permits. A meeting between Kinnison and the city manager is planned to discuss possibilities for an outdoor music permit.

Council members seemed to like the idea.

"I think it has merit," Mayor Harry Rediger said. "I'd personally like to move forward with it."

smoyers@semissourian.com

388-3642

Pertinent address:

24 S. Spanish St., Cape Girardeau, MO

401 Independence St., Cape Girardeau, MO