NUISANCE ORDINANCES CAN KEEP POLICE BUSY

The sounds of Independence Day may have fizzled from three weeks ago, but they haven't died, Cape Girardeau police said.

"Complaints about fireworks will go into August and September," Cpl. Kevin Orr said.

Like most nuisance ordinances, fireworks violations generally don't result in arrests, Orr said. But ordinances about noise, loitering, weeds and trash can keep police busy.

Weeds

In the course of an eight-hour day, about 12 people will call to complain about trash and weeds, Cpl. Rick Schmidt said.

With one city mowing crew of four, responding to every call takes time, said Charles Stucker, who inspects property nuisance complaints for the city.

"Ideally, we can get it cut in seven days," Stucker said. "But that doesn't always happen, especially when a complaint is the 10th one for that day."

Stucker is Cape Girardeau's only inspector for handling property nuisances, so each case must be verified and investigated by him before action is taken.

His work has increased since the City Council simplified the property nuisance ordinance. Now complaints can be lodged by anyone, not just a person residing within 200 feet of the nuisance. And no forms have to be filled out to complain. An anonymous call is good enough, Stucker said.

Since the start of July, Stucker has received 23 property complaints ranging from roaches to doors without doorknobs. That is more complaints than all of 1999, he said.

He doesn't consider any of them frivolous.

"If you get in a fire and don't have a doorknob to get out, it's a major problem," Stucker said.

Garbage

Trash nuisance calls are less of a hassle. Almost everyone picks up their trash once police point out the problem, Schmidt said. It's just a matter of telling the right person.

"Our normal procedure is to make contact with someone who lives at the building," Schmidt said.

Since garbage complaints usually come from the vicinity of apartment buildings, the landlord must handle any cleanup. But few live in their own buildings, and some reside out of state.

Problems are usually resolved by the property owner either increasing the number of trash pickups each week or enlarging the size of the trash container, Schmidt said.

Fireworks and noise

Violations of the city's fireworks ordinance, which allows discharge from June 20 through July 4, are more likely to result in arrests than other nuisance ordinances, police said.

Orr recalled incidents earlier this month when a man assaulted juveniles after he was struck in the face with firecrackers and another when a man fired a gun into the air and made threats after bottle rockets hit the window of his residence.

But such cases are rare, Orr said. The majority of fireworks complaints can't be handled for lack of suspects, he said.

"A lot of times we'll respond, and when we arrive no one is there," Orr said. "And if they are discharging fireworks legally, we can't do anything."

A revamped noise ordinance adopted by the City Council in 1998 has taken much of the guesswork out of issuing citations, police said. If an irritating noise is evident 50 feet from its source, a summons can be issued.

"This has made enforcement a good deal easier," said Eric Cunningham, city attorney.

Since the start of the year, police have issued 13 citations for noise ordinance violations, Orr said. They range from stereos to arguments to basketball games, he said.

But rather than write a citation, police often resort to the power of suggestion, Orr said.

"If they turn the stereo down, that ends the problem," he said.

Hanging out

Loitering violations are similar to noise complaints, police say, since much depends on the officer's judgment.

The city's loitering ordinance forbids hindering or stopping the free flow of traffic, either on a street or sidewalk, Schmidt said.

"Just to stand around isn't against the law," he said. "You can be out in the middle of the street at 2 a.m. with no cars coming, and you're not loitering. You have to consider the time of day, the place."

A warning rather than a court summons or arrest is usually enough to handle a nuisance complaint, officer Ike Hammonds said.

"A seven-day warning usually takes care of it," Hammonds said.

Depending on how an officer is received, the violator may be given more time, he said.

Although police might sometimes use nuisance ordinances as a means to investigate individuals suspected of bigger crimes, it is rare, Hammonds said.

"It's more effective to sit back, watch and wait," he said. "Then you have the basis for a search warrant."