Council asks for demonstration before looking at noise ordinance

Before the Cape Girardeau City Council takes a look at a new downtown noise ordinance, its members want to take a listen.

At its study session Tuesday night, council members asked city staff to set up a sound demonstration to show them what would constitute noise at various distances. The council heard recommendations from a special citizens committee that suggested a new ordinance be drafted to sets parameters for outdoor bands in the downtown district.

"Instead of sitting in here and talking about it, let's go out and experience it together," said council member John Voss, who proposed the demonstration. "What does 80 decibels sound like from 300 feet? From 50 feet? I think that would help us understand what we're looking at."

The demonstration hasn't been set up yet, and Voss said he would leave the scheduling to the discretion of city staff. But council member Meg Davis Proffer said it needed to happen quickly, as she would like to see a noise ordinance in place before spring, when outdoor bands start to hit the stage.

Proffer is the council's liaison on the Noise Ordinance Review Committee, which was tasked with making recommendations to changes to the city's noise ordinance. The committee was formed after downtown residents complained about bands playing at Bel Air Bar and Grill.

Instead, the committee has suggested a new ordinance specifically aimed at the downtown area. The committee proposed making it a citable offense if any sound is audible at distances greater than 300 feet at any time, though the distance becomes shorter the later it gets.

The committee also suggests applying the "plainly audible rule," which is basically sound that can be heard with one's ears. The city's overall noise ordinance, which would still apply in the rest of the city except downtown, defines a noise disturbance as any sound that endangers the safety or health of people or animals and annoys or disturbs "a reasonable person of normal sensitivities."

Misty Thrower, owner of Bel Air, attended the study session, but did not make comments. She said afterward she would comment on the proposed ordinance when it was appropriate.

Committee chairman Charlie Herbst said the committee "agreed to disagree" about the 300-foot distance, saying some thought it was appropriate and some thought it was too restrictive to downtown businesses. But he told the council that their recommendations provides "a framework" and "a foundation" for the council to work with.

"It's a starting point but there's still some work and some due diligence left to do on the council's part," Herbst said.

Voss asked about public outdoor music events, such as Tunes at Twilight and how they might be affected by a downtown noise ordinance, but Herbst -- a former policeman and former city council member -- said such events get special-use permits that would basically exempt them.

Herbst was also asked where the committee got the 300-foot distance from. Herbst said members looked at noise ordinances in various Missouri communities, such as University City, Columbia and St. Louis, as well as Carbondale, Ill. None of those communities allowed noise to be heard at distances greater than 300 feet.

At one point, Proffer suggested maybe 1,000 feet would be more appropriate. Mayor Harry Rediger said he worried that might be a bit far and might disturb too many within the nearby residential area.

smoyers@semissourian.com

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Pertinent address:

701 Independence, Cape Girardeau, Mo