THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, August 23, 1995 TAG: 9508230473
SECTION: LOCAL PAGE: B2 EDITION: NORTH CAROLINA
SOURCE: BY PERRY PARKS, STAFF WRITER
DATELINE: ELIZABETH CITY LENGTH: Medium: 58 lines
The city will operate under a noise ordinance that varies only slightly from a law that was ruled unconstitutional last month, City Council members have decided.
The new ordinance recommended for adoption by a council committee Monday prohibits the playing of live or recorded music at levels ``that would unreasonably disturb persons of ordinary and reasonable sensibilities in the vicinity.''
The wording has been approved by the state Attorney General's Office.
The old ordinance, which District Judge James Carlton Cole struck down in a case involving the city and Mulligan's waterfront restaurant, said music could not annoy ``a reasonably prudent person.''
On the suggestion of Police Chief H.L. Bunch, the committee also proposed looking at ways to incorporate decibel-based language into the ordinance to allow flexibility in enforcement.
Mulligan's owner, James Nye, who went to court to fight police citations after neighbors complained his live bands were too loud, asked the council Aug. 7 to come up with an objective standard.
Nye said a decibel measure was the best way to comply with and enforce the law.
``You certainly don't set a speed limit based on that speed deemed appropriate by a reasonable and prudent person,'' Nye said Aug. 7. ``If excess is the issue, be it speed, alcohol or noise, you have to have a number.''
The council ended a 3-1/2 hour meeting Monday night by discussing a personnel issue for 45 minutes behind closed doors. One city source said the council was talking about the vacant city manager position.
Former Planning Director Victor Sharpe has been acting city manager since Ralph Clark left the job in June. The council has taken few steps to recruit applicants, leading to speculation that council members may be eying Sharpe for the permanent position.
The council took no action after its closed session Monday.
Also Monday night, the council:
Accepted $10 million in loans for its long-range water and sewer construction project.
Approved the concept of letting the Elizabeth City Downtown organization work on placing a historic dome, which once topped the old Albemarle Hospital, in Waterfront Park.
Debated for half an hour whether to proceed with plans to build a fire station near U.S. 17 and Knobbs Creek Drive. The council had voted in May to change the zoning so a station could be built on the site, held a public hearing at which no one spoke and hired an architect to do preliminary work on the property.
But on Monday several council members said they thought the fire station should be downtown and ordered more information on an Elizabeth Street site the city is currently leasing. by CNB