CLEVELAND BARS/RESTAURANTS/NIGHTCLUBS

GET SLAMMED WITH STIFF NOISE ORDINANCE PENALTIES 

BY: JERLEEN JUSTUS 

Cleveland business owners may now find themselves digging a little deeper into their profit margins for disturbing the peace and quiet of neighboring residents. The drafting of new legislation to amend the Penalty Section (683.99) of Cleveland City Ordinance Chapter 683 passed through Cleveland's City Council by unanimous vote on July 14, 2010.

Spearheaded by Ward 3 Councilman Joe Cimperman, this enactment is the product of an Ad-hoc Committee which rallied in mid summer of 2009. Cimperman formed the committee on the basis of redefining and up-dating some of the City Ordinances aiding other Departments and Officials in bringing about code enforcement among the many non-compliant business establishments throughout the City of Cleveland.

At a June 12, 2009, City Hall meeting, Tremont resident and business owner Tom Leneghan pressed Councilman Cimperman on the importance and necessity of drafting new legislation to replace the archaic and out-dated laws that govern the activities of local hospitality venues.

 Chapter 683 - Sound Devices states:- 683.01 "(a) No person shall play any radio, music player, television, audio system or musical instrument in such a manner or at such volume as to annoy or disturb the quiet, comfort or repose of neighboring inhabitants or at a volume which is plainly audible to persons other than those who are in the room in which such device or instrument is played and who are voluntary listeners thereto

 After going into effect on July 22, 2010, the first offense, fourth degree misdemeanor violation fines will be raised from two hundred and fifty dollars ($250.00) to two thousand dollars ($2,000) and subsequent offenses, (third degree mindemeanors) from five hundred dollars ($500.00) to three thousand dollars ($3,000) and with each violation considered a separate offense. Each offense carries the declaration that equipment and/or devices used will be seized and disposed of. Anyone in violation of the third degree misdemeanor shall have any Music Entertainment Permit issued to the organization revoked.

The substance on which the stiffer penalties were based came from suggested recommendations made by representatives from the City's Police and Fire Prevention Departments, City Law Department, Department of Building and Housing and License and Assessments. Advice and input was also accepted from City Planning Director Robert Brown, Dept. of Public Health officials along with Committee Chairs, Staff and Board Members of Tremont West Development Corp. (TWDC).

Included in the series of round-table discussions were resident attendees who no longer consider the City-wide noise nuisance epidemic a low priority issue. While more and more bars, nightclubs and restaurants are permitted to operate with and without proper permits, the loud pulsating vibrations are having an adverse effect on the quality of life for many residential homeowners and tax payers.

A statement issued on August 24, 2010, by City of Cleveland Second District Police Commander Keith Sulzer stated, "I expect that all bar and restaurant owners should take note of this ordinance. I expect that each of them understands that they have a responsibility to be a good neighbor and ensure that their noise and music as well as the behavior of their patrons does not effect the quality of life in the neighborhood they serve."

Resident noise complaints was one of the factors that proded Councilman Cimperman to file an objection in 2009 to the West 14th Street Tremont Rodeo Bar Liquor License which resulted in an agreement signed by the Ohio Liquor Control Commission stipulating that the tavern's owner could not transfer the existing liquor license anywhere in Ward 3 or Ward 14 Tremont.

"One of the quickest ways to lose a liquor license or the support of the community is to ignore the quality of life issues surrounding their establishments," stated Commander Sulzer. He further went on to say, "I don't think that the ordinance will make an officer more or less likely to issue a citation. The ordinance is more to influence the bar and restaurant owners to keep the music and noise levels down or face a substantial increase in fines."

For a number of years, long-time Tremont resident Heinz Mikota and wife Janet have been caught in the pivitol masses of ear-piercing disruptions booming from such bars as 806 Martini and Wine Bar, Lago and Dante. In August 2009, the 68 year old dentists was served with a Cease and Desist letter by Tree House owner Tom Leneghan for calling in noise complaints to the Second District Police Department and reaching out to the media for help.

Inasmuch as Mikota approves of heavier punishments for business owners who violate the noise ordinance, he expresses little hope that he will become less sleep deprived. "I want to know when a noise nuisiance crosses the line and is considered torture," said Dr. Mikota. "I made five calls last weekend complaining about the noise coming from Dante's patio across the street and the cops were too busy to show up. The laws and penalties are only as good as the enforcement."

Ward 14 Resident and TWDC Board Member Henry Senyak stated, "As a resident that was exposed to excessive noise for years it is hard for others to really understand how it effects your daily life. You can't sleep, you can't work, you can't even think. It can actually ruin your health too. Its not just the loud music, its the impulsive sounds, thumping and vibrations." Activist Senyak continued, "As a member of Councilman Cimperman's Ad-hoc Council Committee, I would like to thank joe for navigating this legislature through Committees and getting a unanimous vote for passage. We are working on many more changes but the new Noise Ordinance Penalties for organizations (businesses) was the most pressing."