Tuesday, November 10, 2015

Sunday Nights During the Fall Lead to Noise Complaints in Fort Thomas

Image via Annie's Inner Circle Facebook page. 
Early Monday morning, Fort Thomas Police received multiple complaints for loud music with heavy bass notes playing between the hours of 12:00 a.m. and 2:30 a.m. ranging from River Road on the south side of Fort Thomas to N. Fort Thomas Avenue on the north side.
The origin of the noise has been identified as coming from Annie's Inner Circle, a nightclub on Kellogg Avenue across from Fort Thomas on the Ohio River at 4343 Kellogg Avenue.  According to their website, they promote "Sizzlin Sundays" every Sunday as "#1 Sunday Night in Ohio."

Ordinances 910-7 and 910-9  of the Cincinnati Municipal code (listed below) deal with noise ordinances, which state that amplified noises are to cease at 11:00 p.m.

Image via Annie's Inner Circle Facebook page. 
According to Lt. Rich Whitford, a standing order from Fort Thomas Police is in place to communicate with Cincinnati Police to handle noise violators across the river, in particular at Annie's. He said that this is not a new phenomenon and the acoustics of how the land is laid out in conjunction with factors such as trees losing their foliage plays a part of the noise.

"We haven't had a complaint of that nature in a while from Annie's, but if it's disturbing our residents it's something that we'd like to get taken care of," said Whitford. "It used to be as simple as having the establishment close up their doors and windows and the sound wouldn't be as amplified. But it is loud when they have their facility opened up."

The City of Cincinnati dispatch said that they had sent police to Annie's multiple times to deal with the noise on Sunday night into Monday morning.

Representatives from Annie's Inner Circle told Fort Thomas Matters that they have only had one noise complaint over the last three years

"In attempt to control the noise level we have turned our speakers outside and the bass completely off and will make sure that our doors and windows remain shut throughout the evening. We apologize for any inconvenience."

This is not the first time Fort Thomas residents have been disturbed by Ohio businesses. Some high-profile Fort Thomas residents have tried in the past to squelch the noise, without much cooperation from Ohio.

Whitford said to call Campbell County dispatch if you hear the noise and want to file a complaint. From there, officials will communicate with the City of Cincinnati.

The non-emergency dispatch number is 859-292-3622.

To call file a noise complaint the City of Cincinnati, their non-emergency dispatch number is 513-765-1212.

910-7. Loud Noises.

No person, firm or corporation shall operate or cause to be operated any whistle, rattle, bell, gong, clapper, hammer, drum, horn, radio, phonograph or other sound-producing or sound-amplifying instrument so as to emit loud and raucous noises or in any other way create noise or sound in such a manner as to disturb the peace and quiet of a neighborhood or as to interfere with the transaction of business or other ordinary pursuits.

Nothing herein shall be construed to affect the reasonable giving of information for religious, educational, cultural or political purposes of the usual and reasonable operation of railways, airplanes and motor vehicles or to prohibit the reasonable use of automobile warning devices, the reasonable ringing of church bells, the reasonable and ordinary noises attendant on athletic contests or lawful public or semipublic meetings, parades or celebrations or the right of free speech guaranteed to the citizens of the United States.

The performance of one or two street musicians on unamplified musical instruments between the hours of 11:30 a.m. and 1:00 p.m. or between the hours of 5:30 p.m. and 10:00 p.m., for no more than a single period of 90 consecutive minutes in the vicinity of a single location and not closer than 100 feet to an open market as such are defined in section 845-3 CMC, shall not constitute a violation of this section.

910-9. Loud Musical Noises.

No person, association, firm or corporation operating a restaurant, hotel, summer garden or other place of refreshment or entertainment shall permit, nor shall any person in or about such restaurant, hotel, summer garden or other place of refreshment or entertainment engage in, the playing or rendition of music of any kind, singing, loud talking, amplification of sound, or other noises on or about the premises, in such manner as to disturb the peace and quiet of the neighborhood, having due regard for the proximity of places of residence, hospitals or other residential institutions and to any other conditions affected by such noises.

It shall be prima facie unlawful for any person, association, firm or corporation operating a restaurant, hotel, summer garden or other place of refreshment or entertainment to permit, or for any person in or about such restaurant, hotel, summer garden or other place of refreshment or entertainment to engage in, the playing or rendition of music of music of any kind, singing, loud talking, amplification of sound, or other noises on of about the premises during the night season after 11:00 p.m.

In every charge of violation of this section the affidavit shall state the hour at which the offense is alleged to have occurred.

Whoever violates this section is guilty of making loud musical noises, a minor misdemeanor.

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