Council to look at outdoor music permit as possible solution to noise problem

Creating a special outdoor music permit may be a "reasonable compromise" in Cape Girardeau's downtown noise ordinance controversy, according to city officials.

The Cape Girardeau City Council will discuss the merits of such a permit at its 5 p.m. study session today, which is followed by the regular meeting at 7 p.m.

The permit would be required for businesses that wanted to hire bands or other live entertainment to perform outside, said city manager Scott Meyer. The permit would be considered for each business on a case-by-case basis rather than adopting a sweeping new noise ordinance that would be applied unilaterally, Meyer said.

"It's an option rather than trying to apply one set of rules for everyone when there are really a lot of variables," Meyer said. "It's just something we're throwing out there for the council to discuss."

Permits, which could be issued annually or seasonally, would include restrictions based on proximity to residential areas, Meyer said, such as setting limits on how loud the music could be played and regulating times when it would have to be turned down or off.

Permits could be revoked because of noise violations at renewal and the restrictions could be modified depending on how the business did the previous year, he said.

City leaders have been working for more than six months to find a solution for resident complaints about what they describe as excessive late-night noise coming from Bel Air Bar and Grill, a downtown bar and restaurant at 24 S. Spanish St. Owner Misty Thrower hires bands to play outside at her bar on weekends during warmer months.

Council members said Meyer's idea for an outdoor music permit is an intriguing one and may be the key to finding a solution.

"I think it is a viable option," Mayor Harry Rediger said. "I think it could be the answer for us, it would just depend on how it's crafted. I don't know if the rest of the council would be in agreement or not, but it will make for an interesting discussion. But I do think we've reached a point that we need to come to a decision."

In fact, Rediger said, he intends to direct city staff to draft an ordinance for the first council meeting in April on whatever the council decides today.

"It's time," Rediger said. "I would hope we could draft an ordinance on whatever we decide on."

Council member John Voss, who represents Ward 1, said Meyer's proposal is innovative. He especially likes that it doesn't create a specific new noise ordinance for one part of town, which was the suggestion of a special noise ordinance review committee.

Voss said he isn't comfortable applying a special ordinance to an entire area basically because of complaints about one business.

"I like the idea of a case-by-case opportunity to come apply for a permit and not monkeying with things for a single business," Voss said. "These are polarizing issues, and people are passionate on both sides. Hopefully, this is a reasonable compromise. It seems like it may be a path to common ground."

The city held a public hearing in November and hosted a noise demonstration March 9, when council members heard an outdoor sound system at two different locations, including Bel Air.

Rediger said he knew after the noise demonstration it would be "just impossible" to amend the existing ordinance or create a new one that would work across the board. He said there were too many variables, such as proximity to residential areas, weather and the type of performance.

"It would be difficult to write an ordinance that would be one-size-fits-all," Rediger said. "It's more of a subjective judgment call and that would be tough. So I am very intrigued by the city manager bringing this idea to the table."

smoyers@semissourian.com

388-3642

Pertinent address:

24 S. Spanish St., Cape Girardeau, MO

401 Independence, Cape Girardeau, MO