Neighbors of Bel Air in downtown Cape want bands to pull the plug

Sometimes it begins with the bump-bump-bump of the bass. Or the high-pitched notes of a lead guitar. An amplified greeting from a longhaired singer or the raucous warm-up of the drummer.

But for Craig and Cristy David, it almost always ends the same way -- with a howling 8-month-old, a sleepless night and a fair amount of frustration the next morning for what they describe as a long string of ruined weekends.

The Davids and other downtown Cape Girardeau residents are livid about the noise created by live outdoor bands that play at Bel Air Bar & Grill on Friday and Saturday nights, which they say infiltrate the far reaches of their home and disrupt their lives. The Davids live just down the street from the Bel Air, 24 S. Spanish St., though some neighbors said they hear the music from five blocks away.

"The crux of this whole thing is that every Friday and Saturday, my family and I have to retreat to my bedroom and we shouldn't have to," said Craig David, who just moved into his house at 105 S. Spanish St. a few months ago. "We have invested a lot of money in this house, and now I can't even enjoy my investment."

The Cape Girardeau Police Department has issued three citations this year to Misty Thrower, owner of Bel Air, for violation of the city's noise ordinance. The city council has gotten involved, police are rethinking how best to enforce the noise ordinance and more than 20 homeowners have signed a petition of complaint.

For her part, Thrower says she's just trying to operate a business in a struggling economy.

"I find it sad that two or three or a handful of people can change the environment and the energy of the downtown," said Thrower, who began operating the 15-year-old Bel Air in 2004. "But I will say this: If you don't like the sound of a train, don't move next to the tracks."

Thrower has made concessions, she said, such as stopping the bands at midnight instead of letting them play until the 1:30 a.m. closing time. She's quit using sound systems on Thursday night like she used to, to be more respectful of the neighbors on a weeknight.

But live acts draw in many more customers than she would have without them. Thrower sees the opposition as a vocal minority that can be contrasted by the many who enjoy a live band on a weekend night.

"We've been voted the best bar in Cape for four years in a row," Thrower said, referring to the Southeast Missourian's People's Choice Award. "You don't get that if people don't like your place."

The city's noise ordinance limits the operating of any musical instrument or amplifier between 11 p.m. and 6 a.m. The ordinance says live music cannot be played from a private business or home in such a manner as to create a noise disturbance any further than 50 feet from where the noise originates.

The ordinance defines 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."

"Our ordinance is really designed to be a protection of the public," said city attorney Eric Cunningham. "The idea is to do things that are reasonable and are not going to be causing an offense to reasonable people."

The Bel Air charges, he said, are likely to center on whether the noise level is reasonable, based on where the bar is and how loud the music gets. What "reasonable" is will be decided by the municipal judge hearing the case.

"Things are different everywhere," Cunningham said. "The situation there at Bel Air is obviously different from than it is on Kenneth Drive. The regulations try to take into account that sort of difference."

In 2009, the police department issued summonses for 175 noise complaints, and police said most were for yelling people who could be heard well over 50 feet away. Few were issued to businesses.

Police chief Carl Kinnison understands both sides.

"In general, noise is one of those issues that can become very personal," he said. "We try to take a reasonable approach to enforcement. But sometimes it's difficult to identify what's noise. Sometimes it's not a plainly audible noise."

The department has been working with Thrower and the residents in trying to find a middle ground. One thing the department is considering is purchasing decibel meters, which measures sound pressure.

"That way we could go into someone's house and try to document what's happening," he said. "It's a little bit complicated, and we've kind of stayed away from it in the past. I don't know where it's going to shake out, but that's an option we're looking."

The residences and Bel Air are in Ward 2, which is represented by Meg Davis Proffer on the city council. She is researching how other cities deal with similar situations and is looking at the noise ordinance to see if it's time for a revision.

"I'm looking for something that we can do and something that will work for everybody," she said. "Some of the language in the ordinance is so vague and open for interpretation, and we may need to look at clarifying it."

But to the residents, there is only one solution -- pulling the plug.

"No amplifiers," said Judith Lang, who says she hears the music from her home several blocks away on Merriwether Street. "This is a quality-of-life issue. I don't think we need a new noise ordinance. I think the one we have just needs to be enforced."

smoyers@semissourian.com

388-3642

Pertinent address:

24 S. Spanish St., Cape Girardeau, MO