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Turn It Up
Council Amends Downtown Noise Law

 

 


Rewind to last summer. Potter's Place, Rizzo's, Jilly's and other bars in
downtown Naperville had to pull the plug on live music at their outdoor
seating areas due to stricter enforcement of the city's noise ordinance.

Some complained of a loss in revenues. "Our numbers were definitely down,"
said Allison Crannell, General Manager at Potter's Place. "People weren't
staying as long because there was no music to keep them there."

Fast forward to the Tuesday April 15th City Council meeting. Council says
maybe this summer will be different. They amended the current ordinance that
limits noise level to 100 feet from an establishment to 300 feet.

"Last year, when we went to check the decibels at 100 feet, and realized
that's pretty restrictive," Mayor George Pradel said.

The issue set off a controversy for some bar and restaurant owners and a
downtown resident who complained that the ordinance was constantly being
violated.

Resident Eli Hodapp posted a video on YouTube.com early in the summer to
document the sound heard from the bars near his apartment at Jefferson
Avenue and Washington Street.

"I know this has been an emotional thing to discuss since last summer,"
Councilman Kenn Miller said. "I think it's a good compromise."

Downtown establishments will now be able to play music at louder levels, as
long as the music is not audible from 300 feet away. The council wanted to
do away with a measurement performed in decibels because it is too difficult
to distinguish the root of the sound.

"We are very excited," Chris Dodsworth, General Manager at Rizzo's said.
"With the louder ordinance I can open our garage windows. Families walk by
when the live music is playing to stop and dance. It brings in a new kind
of crowd."

The old ordinance allowed restaurant and bar owners to play live or recorded
music up until 30 minutes before they stopped serving alcohol; the new
ordinance will only allow establishments to play live music until1 hour
before last call and 30 minutes for recorded music.

"We hope this helps the mad exodus at the end of the night." Said Patti
Roberts; Executive Director; Downtown Naperville Alliance. "We hope
everyone comes down and enjoys the music in a responsible manner."

The Naperville Police Department will enforce the new ordinance.

The ordinance also changed the way sound would be measured. As opposed to
reading the decibel level, now the levels will be monitored by ear.

Simply stated, if the police enforcing the law can hear music more than 300
feet from the bar, restaurant or other establishment from which it is
emanating, then the music is too loud and in violation of the city's
ordinance.

The problem with the 100-foot restriction, according to city staff and
concurred with by council members, is that it is virtually impossible to
have music if the distance it can be heard is that short and reading decibel
levels makes it difficult to tell from which establishment the music is
coming.

"How do you know if the noise is not coming from restaurant A as opposed to
bar B?" Councilman Kenn Miller said.

This revamping of the ordinance comes from complaints last year from some
downtown residents that the noise was too loud and the law wasn't being
enforced. When it was enforced and tickets were written, the restaurant and
bar owners complained.

"We got a ticket last summer," said Crannell. "One hundred feet did nothing
for us. We struggled creating a city like feel last summer, which I feel is
what the downtown is looking for."

The Downtown Naperville Alliance had asked the council to consider revising
the law in order to make compliance easier.

Jennie Barger Reports.

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