Cape Girardeau City Council to consider ordinance that would allow creation of outdoor music permit

Eight months of sometimes heated discussions, the creation of a review committee, a public hearing and an outdoor noise demonstration have all led up to Monday night.

That's when the Cape Girardeau City Council will introduce an ordinance that allows a new type of permit that city officials hope will offer a middle ground for a downtown business that has outdoor bands and nearby residents who want the music turned down.

"We're still tweaking and perfecting it," city manager Scott Meyer said. "But the ordinance is necessary to have me do the permit."

The ordinance actually repeals the current exceptions to the citywide noise ordinance. The regular exceptions are still in the revised section: emergency and police vehicles; police, military, city administration or emergency services exercises; and for those who get a special event permit for parades, marches, carnivals, circuses, shows, fairs or festivals.

It then goes on to add an exception for those who receive an outdoor music venue permit issued by the city. The new section of the ordinance says terms of the permit include limiting specific noise levels and how those noise levels are determined, as well as specifying locations, times, dates and any improvements the applicant intends to make to ensure the volume is kept at acceptable levels.

The section says that failure of an applicant to comply with the terms is sufficient reason to deny the applicant's request. The city manager, or someone he designates, will review the application and grant or deny it based on the nature of the event, anticipated volume levels, day of the week, time, duration of the event, number of attendees and compliance history. If the applicant is denied, Meyer said, he or she could appeal to the city council.

Last summer some residents complained about outdoor bands at Bel Air Grill at 24 S. Spanish St. The council initially considered revising its noise ordinance, but the permit idea surfaced last month as another option.

Up to five violations would be handed out, the last resulting in losing the permit for the remainder of the performance season. Those who do not get a permit are still obligated to follow the existing noise ordinance, which sends violations to municipal court, where they face fines. The permit would be free or have a nominal charge, but it would be no more than $10, Meyer said.

Cape Girardeau police chief Carl Kinnison said he hopes the permit will give responding officers some guidance and provide a little more clarity than what they've had under the current noise ordinance, which limits the operating of any musical instrument or amplifier between 11 p.m. and 6 a.m. The noise 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.

"This permit idea really provides us an opportunity to add some clarity to the enforcement of the ordinance," Kinnison said. "Hopefully, it's workable for both sides. It's certainly something we're willing to work with and see how well it works."

While Bel Air owner Misty Thrower could not be reached for comment, Kinnison said his understanding is that she intends to buy an outdoor decibel reader that would show everyone exactly at what level the music is playing. Her permit would determine how loud the band could play and so the meter would show if she were in compliance.

Thrower's sister, Suzanne Dinkens, said she doesn't believe the permit will solve the problem, however.

"I don't think the people who are complaining will be happy if there's any music period," she said. "For them, it's an all-or-nothing deal."

Tom Neumeyer, who owns a bed and breakfast near the Bel Air, said he likes the idea of the permit and called it a step in the right direction.

"I hope it's fair," he said. "But we worry that what the Bel Air considers an acceptable noise level isn't what we consider an acceptable noise level. We're hopeful."

smoyers@semissourian.com

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Pertinent address:

24 S. Spanish St., Cape Girardeau, MO

401 Independence St., Cape Girardeau, MO