If it ain’t broke, don’t fix it.
Columbus City Council was poised to pass an amendment to its noise ordinance Tuesday night that would include loud mufflers, and other sounds originating with motor vehicles, when City Attorney Jeff Turnage told them such a thing was already in place.
“The mayor and city council have spent a lot of time talking about muffler noise,” Turnage said. “We’ve been under the impression we don’t already have an ordinance (governing vehicular noise) but I was looking at where we would plug it into the existing ordinance, and we already have one.”
The council approved a noise ordinance in November 2021 after multiple complaints about loud music and vulgarity from a local nightspot.
Part of those regulations speaks to the problem of vehicles, Turnage said.
The ordinance applies to automobiles, motorcycles or other vehicles that “… create loud noises, such as but not limited to spinning or squealing tires, grating, grinding, rattling or other noise to be plainly audible or causing a vibration, outside of the vehicle, heard or felt from the public street or sidewalk at a distance of 30 feet.”
Turnage said there wasn’t any need to amend the ordinance.
“It doesn’t specifically say mufflers, but it says any loud noise coming from the vehicle,” said Police Chief Joseph Daughtry. “That would also include loud music or radios.”
Ward 6 Councilwoman Jacqueline DiCicco asked whether the city had enough decibel readers to effectively enforce the ordinance.
“I have a particular place in my ward that gets called about for noise,” DiCicco said. “Every time one of the officers is called, they are not familiar with the ordinance and they don’t have a decibel reader.”
Daughtry said until recently nobody at CPD was trained to use it.
At the time the ordinance was passed, then-CPD Investigator Max Branch was trained to use it. Branch has since left the department.
“We had one, but nobody knew how to use it,” Daughtry said. “We had to do training. The supervisors will have access to the decibel reader.”
Mayor Keith Gaskin wondered how many readers the department had. When the ordinance was passed, then-Chief Fred Shelton said CPD would order more units “eventually.” That order was apparently never placed.
“We only have one,” Daughtry confirmed. “The city never ordered the rest of them.”
Gaskin asked Daughtry to check and make sure the other units were never ordered.
Violation of the noise ordinance is a misdemeanor and carries a fine of up to $1,000.
Festival funding tabled
Tuesday’s agenda also featured three requests for festival funding. Juneteenth Festival, Seventh Avenue Heritage Festival and Market Street Festival each requested their annual allotment of $15,000.
The city receives money each year from the 2% restaurant tax — which is collected on prepared food and beverage sales inside the city limits — that is earmarked for festivals. Those three festivals are among the designated recipients, at a rate of $15,000 annually.
Organizers have to request the funding each year, and then the city cuts them a check.
Ward 1 Councilwoman Ethel Stewart moved to approve the funding, but Vice Mayor and Ward 2 Councilman Joseph Mickens said he thought the requests were premature.
“Have those three events asked for permits yet?” Mickens asked. “Don’t we need the permits in place before we go forward (with funding)?”
Daughtry said he hadn’t received a permit request yet.
Mickens also questioned whether alcohol would be able to be sold at the Seventh Avenue Heritage Festival, which is relocating to Propst Park this year.
“The current ordinance says you can allow consumption of beer in the park, but the limitation is it has to be not smaller than five acres and not larger than 11 acres,” Turnage said. “You’d have to amend the ordinance to allow the festival to Propst Park, which is substantially larger than 11 acres.”
Mickens also said he thought the festivals should have to bear some of the costs for security.
“We have a lot of things going on with those festivals,” Mickens said. “I’m not against any of them, but we need to talk to each of them. I know we’re paying all these officers out of (the police department’s pocket) and I think we need to put some of that price back on the festivals.”
Mickens moved, with a second by Ward 3 Councilman Rusty Greene, to table the requests. It passed 4-1, with Stewart voting no.
Ward 4 Councilman Pierre Beard was not present. He was due to appear in municipal court in Gordo, Alabama, in connection with his Dec. 1 arrest for driving under the influence (alcohol), possession of marijuana second offense, possession of drug paraphernalia first offense and illegal alcohol, all of which are misdemeanors.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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