SEMO senior first person cited under new Cape party ordinance

Logan Ellington doesn't deny it. What took place at his house Friday night was a party.

And, as parties go, it was a blowout: More than 100 people -- mostly from fraternities and sororities -- loud music and an ample supply of alcohol.

"I made 300 Jell-O shots," said the 21-year-old Southeast Missouri State University senior. "We were just wanting to party before school starts again -- you know, relax a bit."

The night ended differently than Ellington hoped. He became the first person cited under Cape Girardeau's new "nuisance party" ordinance, which went into effect June 30.

According to the police incident report, a neighbor who lived nearby reported loud music and yelling that could be heard from more than 50 feet away. She also said there were more than 30 people on the porch and, though she couldn't be sure, she thought she saw someone urinating outside the residence.

At about 10 p.m., Ellington, a native of Effingham, Ill., was issued a municipal court summons for violating the ordinance. A court date was set for 9 a.m. Sept. 6.

Neighbors, who met Thursday night to discuss enforcement issues with police, say this is exactly what needs to happen to curb college parties that disrupt their evenings and keep them up late at night. But Ellington said Thursday afternoon the new law unfairly targets college students and residents who live near campus should expect some noise on weekend nights.

"I understand they don't like loud noise," he said. "But the lady who reported us has a dog that barks all day. We put up with that. Why can't she put up with some of our noise?"

The police officer also ordered the party to disperse, a new power given to law enforcement under the ordinance, but Ellington pointed out someone who left the party got a DWI later that night.

"There was no tolerance," Ellington said. "Everybody had to go. That's too harsh. So a hundred people were leaving and some of them had too much to drink."

The new law, modeled on one in Columbia, Mo., defines a nuisance party as a social gathering of 10 or more people on residential property, where any of a list of 11 things occur, including fighting, property damage, littering, outdoor urination, unlawful sale or possession of alcohol, trespassing and indecent exposure. The law also allows police to cite the host of the parties.

Violations to Cape Girardeau's party ordinance carry a maximum fine of $500 and 90 days in jail. In Columbia, fines can be levied up to $2,000 and six months in jail.

At the meeting later that night, about a dozen residents who live near campus discussed enforcement issues with Lt. Rick Price, who oversees community policing. The group, with cooperation from police chief Carl Kinnison, drafted a complaint form that is available at the department's website.

"This is a form that clearly delineated what they need to do and how to do it," said Linda Heitman, one of the group's organizers. "It's a step-by-step process."

The ordinance language and a link to the complaint form can be found at the city of Cape Girardeau's website at www.cityofcapegirardeau.org.

Price encouraged the residents to call police if they notice any violations of the ordinance. He also suggested videotaping the violations if possible. He said that punishments will become stiffer for repeat offenders.

When asked if ordering partygoers to disperse could lead to more drunken drivers on the road, Price acknowledged that's "a problem, because you can't let them walk away intoxicated either."

But Price said it's up to individuals to follow the law and that the city's has public transportation. Those at parties could always call others for rides, he said. But Price said the person who left the party Friday night was issued a DWI three hours after the party was broken up.

"So it's not like they were ordered to disperse and then immediately got a DWI," he said. "In this case, that's not going to fly."

smoyers@semissourian.com

388-3642

Pertinent address:

903 College Hill, Cape Girardeau, MO