Wednesday, July 15, 2009

Certain Downtown Noise/Alcohol Ordinances Suspended Temporarily

After receiving numerous complaints about night-time noise (at downtown "pubs") from adjacent neighborhood residents, the City's current noise and alcohol sales (proximity) zoning ordinances have been suspended (beginning July 14th) by the City Council for 60 days--to allow time to study/revise the ordinances. City Attorney Tut Wynee said the ordinances "have never been enforced"-- but now that residents are asking for enforcement, the police Dept. wants to know what to do. Citing recent Supreme Court decisions, Wynee added he questioned the constitutionality of the current ordinances (no alcohol sales after 12 PM within 200 ft. of neighborhoods) because it specified no maximum noise level (db). Also, it was observed the current noise ordinances on the books may not be compatible with the city's new Comprehensive Plan, which envisions a "mixed use" (business/residential) downtown area, Attorney Kingrea: "I can tell you right now the (current) ordinance is un-constitutional." Council President Quinn volunteered to take Stankoski's place on the review Committee when Stankoski recused himself (his sons are attorneys) on advice of Wynne. Councilman Kingrea also agreed to serve on the Committee. [Greg Mims and Sherry Sullivan are also on the Committee.] When a resident asked what would be done about excessive noise incidents in the interim-- Police Chief Press answered that such calls would still be responded to/investigated. The Ordinances in question are: 12.3; 12.4; 12.5.1; 12.5.2

1 comment:

Shellback said...

the good old boy club has always been famous for selectively enforcing laws around here.