Council considers expanding nuisance ordinance
The standard fine for a nuisance ordinance violation is $500.
March 18, 2008
After Sixth Ward Councilwoman Barbara Hoppe said last month she wanted to re-examine the nuisance ordinance, Fifth Ward Councilwoman Laura Nauser said it is a problem that the city has no written procedure for dealing with nuisance businesses.
“We don’t have a way of dealing with issues with businesses in the city,” Nauser said. “That needs to be changed if we want to crack down on these nuisance businesses.”
Approved on Nov. 6, 2006, the Columbia Nuisance Party Ordinance fines Columbia residents for social gatherings of 10 or more people where prohibited activities take place. The standard fine is a $500 ticket per tenant in violation.
“Businesses ought to have the same consequences for nuisance behavior as residents,” Nauser said.
Nauser said she is compiling a report to present to the City Council and the Columbia Police Department, which suggests using Kansas City’s Nuisance Business Task Force as a model for Columbia.
The NBTF provides a method to address nuisance business activity in Kansas City. It assists businesses that are out of compliance with laws and regulations by providing them with information and suggestions on how to operate in the city, according to the NBTF Web site.
The task force generally defines nuisance businesses as those who have numerous occurrences of high crime rates on the premises of the business, excessive neighborhood complaints about the business and frequent demand for police service on the premises.
The nuisance definition broadens to include multiple building or fire code violations by the business, remodeling without permits, persistent overcrowded premises and troublesome traffic congestion around the business.
Five or more calls for police service within 30 days, homicide or any uncorrected violations prompt the Kansas City NBTF to bring a local business under scrutiny. If the business continues to operate with problems, it is placed on the Nuisance Business Registry.
Columbia Police Department Capt. Zim Schwartze is researching the possibility of Columbia having a Nuisance Business Task Force.
“We’ve had several complaints about local bars and nightclubs in Columbia,” Schwartze said. “We respond to calls for police service but that’s about all we can do.”
In 2007, the recently closed Athena Night Club had 143 police calls, according to a report submitted to City Council by City Manager Bill Watkins.
On Aug. 24, 2007, the CPD sent a letter to the owner of Athena containing suggestions for reducing crime at the business. The nightclub gave no response to the letter, according to the report. Despite failing to follow police recommendations, Athena was allowed to continue to operate.
The Blue Fugue manager Scott Meiner said businesses that comply with the rules have nothing to worry about if Columbia enacts a nuisance business procedure.
“I think the City Council idealistically wants to help, not hurt businesses if they make this nuisance procedure,” Meiner said. “We abide by city rules and if suggestions were made by the city to better our business, we’d definitely take them into consideration.”
Nauser said she hopes to have the nuisance business report done by April.
“We have to offer a comprehensive plan to deal with these businesses,” she said.
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