Noise law change causes concern
Holt's concerns addressed the fact that police officers are able to ticket noise violations without a complaint from a neighbor if the noise is audible from 50 feet away.
Published March 21, 2006
Missouri Students Association Senate Speaker Davie Holt addressed the City Council Monday night at its regularly scheduled meeting to express concern about recent changes to noise ordinances in the city.
"This ordinance offers too many opportunities for people to have their fundamental rights violated," Holt said to the City Council.
Holt's concerns addressed police officers' ability to ticket noise violations without a complaint from a neighbor if the noise is audible from 50 feet away.
"A lot of concerned students have come to MSA about this," Holt said after his comments to the council. "Comments from council members have indicated it's aimed at problems in East Campus, but I'm concerned about anywhere students gather and socialize."
Columbia police Chief Randy Boehm said he doesn't think his officers' method of enforcement will change much.
"The officer could initiate the charge, but from a practical standpoint, that will not be the typical way that will occur," Boehm said. "In a practical way, what it means is that we often have complainants that don't want to get involved, and this will allow them not to be. It's really a technical change, just putting a new distance on how far away you can hear the noise for a violation. It won't change the way we're doing business in any significant way."
Sixth Ward Councilman Brian Ash, whose district encompasses the East Campus area, also said the change will have little effect on the method of enforcement but instead will change how the prosecution would occur should the violation go to trial.
"I think the main thing that's got people worried is that the police can instigate this by themselves with this change, but that's not the main reason we updated the noise ordinance," Ash said. "The witness to the violation actually has to show up in court, and if you don't allow the police to fill that role, that can put a neighbor in an uncomfortable and intimidating spot, so the change was made so that the police can testify themselves about the noise they hear."
Ash said, however, that miscommunication from the city likely caused student concern.
"I really think this is something where the students are getting upset over a problem that isn't going to be nearly as bad as they think because the city hasn't done a good enough job articulating why we needed this change," he said. "I think average citizens will still be the ones who call about someone yelling and screaming, but now the police can be the witness if they take it to court."
Before the meeting, Ash said that because the changes already have passed and Holt would be commenting before the rest of the council's lengthy agenda, Holt's comments likely wouldn't have much influence.
Holt said the issue had been brought up in the MSA Senate last Wednesday and would be brought up again in the Senate meeting on Wednesday.
"I felt it was important to speak for the students in strong opposition to this change," Holt said. "It could provide the opportunity for individual and civil rights abuses."
