Muddy Waters Business ResponseMEMORANDUM
December 12, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Muddy Waters
Attached is a letter that was sent to the Mayor and City Council from Jessica Barnes
with regard to concerns over police enforcement at the Muddy Waters establishment at
18th and Central. In her letter, Ms. Barnes raises concerns about police enforcement
and that a $325 fine was issued. Also attached is a response from Police Chief Klm
Wadding regarding the calls for service to Muddy Waters. As indicated on the attached
memo, the police received three separate citizen complaints within two weeks regarding
noise. On the first two occasions, the officers responding discussed the complaints with
the owner and offered suggestions, including 1) shutting the door to the business to
reduce the Volume of noise leaving the building, 2) locating the band to another location
within the building, and 3) apply for a noise variance (Noise Ordinance attached).
Never did an officer require the band to stop playing. After confirmation of the third
violation, the owner was issued a citation requiring a court appearance with a $325
bond amount, not a fine, written on the citation. It appears the police responded
appropriately to the citizen complaints. The purpose of this memo is to clarify
statements in Ms. Barnes' letter.
Also attached is a letter from Planning Services Manager Laura Carstens regarding this
business. As indicated, Muddy Waters is a permissible use in the C-4 Zoning District
and there are no outstanding issues pertaining to zoning.
MCVM/jh
Attachment
CC:
Michael C. Van Milligen
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Klm Wadding, Chief of Police
Subject: Concern for the Youth of Dubuque
> Dear Mayor and Council Members,
>
> I would like to bring the community's attention to, what is for now, the
> end of all ages musical
> performances at Muddy Waters Coffee Shop. This news is most unfortunate.
> Muddy Waters has been for over a year,
> one of the few places anyone could go to see live original music in the
> city of Dubuque. It gave countless young
> people a place to go, music to enjoy, and a safe environment to do it in.
> There has never been any fights or drug
> and alcohol violations there, yet the shows seemed to bring great police
> interest. I of course thank the police for
> their concern, it is their job to protect and serve, and until lately, as
> hard as they tried, they could not really
> find any offense that was being committed at these shows. Originally their
> complaints had centered around a
> violation of the noise ordinance when the performances continued past 10
> PM. Aware of this issue, and trying to
> avoid any further trouble with the police, there was a show at Muddy
Waters
> last week that ended at 8:30 PM. The
> police arrived, after the band began packing up their equipment, to put an
> end to the show, and issue a $325 ticket
> for disturbing the peace of the neighborhood. No one in the neighborhood
> had complained about the show. Being on
> the comer of 18th and Central, a major highway through the city, there is
> not much peace there to disturb. At past
> shows the police had tried to bully the owner, that produced no results,
> but the police seemed bent on putting an
> end to shows at Muddy Waters.
> The city noise ordinance gives them unchecked power to do just that. There
> is a blanket provision in the city
> noise ordinance that allows the police to apply the law as they see fit.
> Essentially they make up the roles. For the
> police to make up the laws as they go along seems a gross abuse of power,
> and a total disregard for the American
> system of justice. When the police were asked how the concerts could
> continue within the law, they had no answer.
> It was obvious that they did not want these shows to continue.
> A week later, when I was leaving Muddy Waters, I could hear the music of
> the bar at the end of the next
> block. The police had taken the time to stake out the coffee shop, where
> the nights musical performance had been
> canceled due to fear of more tickets, and but done nothing about the noise
> of the bar.
> I had thought that perhaps Muddy Waters was being singled out, but I was
> recently disturbed to find that the
> police harassment is more wide spread. In another incident last week, the
> police stopped a musical performance at
> the Dubuque County Fairgrounds due to the noise. I question who could
> possibly be disturbed by a concert out at the
> fairgrounds. The performers that night a contract to rent the space for
the
> performance, as it is one of the few
> places in the Dubuque area to have all ages shows. It has housed numerous
> events in the past, even musical
> pefformanees outdoors that would have generated far more "noise". It seems
> that for some reason the police are
> targeting these events in hopes of putting an end to them.
> I have heard many older people talk fondly of all the dances that took
> place in their youth. These concerts
> are the modem equivalent. The kids that attend them may look different,
> but they are all in search of the same
> thing, something to do.
> In this city of over 60,000 people there is very little offered to the
> youth for their entertainment. The
> Dubuque phone book lists over 70 bars, but not one all ages venue to see
> musical performances. These concerts in
> area coffee shops, CD shops, and at the fairgrounds give kids a place
spend
> time together that is accessible and
> safe. Parents know where there children are and what they are doing.
> Oppressing these events will cause them
> to go underground, making them unsafe and more likely to involve dangerous
> activities. These concerts foster creativity through
> music. Many of the bands performing in the shows are in there teens or
> early twenties, and much of the audience
> consists of aspiring musicians. Perhaps the youth of the people involved
> leads the police to believe they are east
> targets.
> Dubuque, a city that works so hard to build a community, that pays
millions
> of dollars to bring people back
> to the downtown area, and tries to stop young people from moving out of
the
> city, would seem irrational to oppress
> entertainment that does just that. These shows have never cost anyone a
> dollar, beyond the cost of all the
> policing the city thinks is necessary, yet they have brought about so much
> good. We must value young
> people engaged in positive activities.
> These actions have generated much concern. No one involved intends to give
> up on the youth of Dubuque
> without a fight, yet it seems irrational that there must even be a fight.
> Again I ask, how can these shows continue within
> the law? We are willing to work with the police department and the city to
> serve the young people of Dubuque. Please
> contact me so we can begin a dialog on how these shows can continue to
> enrich Dubuque. Thank you for
> your time and consideration.
> Be well,
>
> Jessica Barnes
> Echo 3
> PO Box 1621
> Dubuque, IA 52004-1621
> 563.564.9317
> booking~echo3band.com
THE CITY OF DUBUQUE
DATE: November 21, 2002
TO:Cindy Steinhauser, Assistant City Manager
FROM:Kim B. Wadding, Police Chief
RE:Muddy Waters - Noise Complaints
Regarding Muddy Waters, I have attached an outline of our calls for service along with follow up
letters sent to the owner of the building asking for help to eliminate the concern. It was
mentioned in the email of a fine of $325. This is only the bond mount written on the citation in
the event Mr. Ruh failed to appear for his court date and a warrant was issued. Mr. Ruh's initial
appearance is scheduled for next week, November 27, 2002.
Cc: Laura Carstens, Planning Services Manager
Muddy Waters Noise Complaints
Dubuque Police Record
Call for Service #1 - Anonymous Citizen Complainant #02-49635
On 10/25/02 at 2134 hours Police received a complaint of excessive noise at
Muddy Waters, 1800 Central Avenue. Officers Krapfl, Smith and Morrissette
responded and verified that the music was excessive. The manager, Paul Ruh
was issued a verbal warning and Officer Krapfi completed a loud music report
form. tn this report, Krapfl estimated approximately 20-25 persons present at
Muddy Waters. Officers Gorrell then completed a letter addressed to Richard
Henkel the property owner, advising him of the incident.
Call for Service #2 - Anonymous Citizen Complainant #02-50422
On 10/31/02 at 2136 hours, Police received a complaint of excessive music at
Muddy Waters, 1800 Central Avenue. The complainant reported that the music
was loud enough to be heard from three blocks away. Police verified this
complaint and noted that a Halloween party was being held at Muddy Waters.
Contact was made with the manager by officers Skorupski and Morrissette but no
loud party form was filed.
Call for Service - Anonymous Citizen Complainant #02-51452
On 11/07/02 at 2031 hours, police received a complaint of excessively loud music
and noise from Muddy Waters. Police verified that the music was in fact
excessive and officers Baxter, Mordssette and Krapfl made contact with the
manager Paul Ruh. A citation was issued charging Ruh with disorderly conduct.
Ruh was given a court date to appear on 11/27/02. The officers completed a loud
party form and estimated that about 50 people were present. Officer Harper
completed a letter to the property owner, Richard Henkel, to advise him of this
incident.
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this_ . day of. _Year:-
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REPORT TO THE ABOVE NAMED COURT ON
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To: Chief Wadding
From: Officer Morrissette 77B
R.E. Muddy Waters Noise Complaints
11/20/02
Dear Chief,
On 10/25/02, at approximately 2134 HRS, I along with Officer Krapfl,
working as a two person unit were dispatched to the area of 18th and Central on
the report of a loud music complaint. Once we arrived it was determined that the
loud music was coming from Muddy Waters, 1800 Central. We also determined
that the loud music was a live band that was playing at Muddy Waters. A
subject, who stated that he would get the owner for us, met Officer Krapfi and
myself at the front door to Muddy Waters. We then talked with a subject who
was identified as Paul Ruh DOB: 01/30/73. We informed Ruh that we had gotten
a call about the band that he had playing at his business. Ruh was asked to
keep the music down, and Ruh stated that the band was almost done playing,
and I did observe that the band did quit playing while I was still present. Ruh was
given a verbal warning for the loud music, and he was also informed that he was
going to be placed on a loud party sheet, and that further complaints of loud
music could lead to a citation for disorderly conduct. Officer Krapfl and myself
completed a loud party sheet.
On 10/31/02 at approximately 2136 HRS, another call was received of
loud music coming from Muddy Waters. Officer Skorupski and myself responded
to this call. Again, the loud music was determined to be a band that was playing
inside Muddy Waters. Officer Skorupski and myself then waited for a break
between songs, and then entered Muddy Waters. Once inside we again met with
Ruh, and as we were walking to the kitchen area with Ruh, the band asked us if
they could play one more song. Officer Skorupski or myself gave no response to
the band. Ruh was then informed that we had received a complaint about the
music. Ruh was informed that he had already been given one waming about the
music a week earlier. Ruh was also given a couple of options on ways to
minimize the noise, such as move the band to another location within the
business, place some type of sound barrier to keep the noise within the business,
keep the front door closed to keep the sound from leaving the business, and also
to seek some type of noise variance so that he could have bands play at his
business. While Officer Skorupski and myself were talking to Ruh, the band that
had been playing was packing up their equipment and most of the crowd had
departed. Ruh was again given a verbal waming, and advised that he would be
cited for disorderly conduct on another confirmed report of loud music.
On 11/07/02 at approximately 2030 HRS dispatch received another call of
loud music from Muddy Waters. Officer Krapfl and myself, again working as a
two-person unit responded to this complaint along with Officer Skorupski. Officer
Krapfl and myself had ddven by before we received this complaint, and had
observed that there was a live band playing. Officers verified the loud music
complaint. Ruh was asked to step outside of Muddy Waters, at which time he
was informed he was being charged with disorderly conduct, as we had received
a complaint about the band, and that he had been warned on previous
occasions. The band did stop playing that night. Ruh was issued a citation for
disorderly conduct by Officer Krapfl.
Respectfully Submitted,
Officer Jay Mordssette 77B
Dubuque Police Department
Law Enforcement Center
EO. Box 875
Dubuque, Iowa 52004-0875
Phone (319) 589-4410
Fax (319) 589-4497
14 November 2002
Richard Henkel
3090 Kane Street
Dubuque Iowa 52001
Dear Mr. Henkel:
On November 7, 2002, at about 8:21 p.m., officers of the Dubuque Police Department
responded to a report of loud music and noise at a property that you own/manage located
at 1800 Central Ave. Upon arrival, officers could verify that the music was excessively
loud. Officers made contact with Paul Ruh, who operates "Muddy Waters", a business
fi.om your property. Due to the fact that officers have had to respond for a similar
complaint, a disorderly conduct citation was issued to Mr. Ruh.
The purpose of this letter is to inform you of this police call for service at a property you
own/manage. As is often the case, property owners are unaware of problems until they
become large problems. Our hope is that by working together and addressing this
problem now, we will avoid any future problems.
If you have any questions, please feel fi.ce to contact one of our Community Policing
Officers at 589-7883.
Sincerely,
Kim B. Wadding
Chief of Police
By: Officer Jackson Harper 36A
community Policing Unit
Dubuque Police Department
Law Enforcement Center
EO. Box 875
Dubuque, Iowa 52004-0875
Phone (319) 5894410
Fax (319) 589-4497
4 November 2002
Richard Henkel
3090 Kane Court
Dubuque, IA 52001
Dear Mr. Henkel,
On October 25, 2002, at approximately 9:34 p.m., officers of the Dubuque Police
Department responded to a property you own/manage at 1800 Central Ave, The Muddy
Waters. Officers were sent to this location for a complaint of loud music. Upon arrival
the Complaint was verified and contact was made with the business owner. This subject
was identified as Paul Ruh. Mr. Rub was cooperative and did agree to turn the music
down.
The purpose of this letter is to inform you of this police call for service at a property you
own/manage. As is often the case, property owners are unaware of problems until they
become large problems. Our hope is that by working together and addressing this
problem now, we will avoid any future problems.
If you have any questions, please feel flee to contact one of our Community Policing
Officers at 589-7883.
Chief of Police
By: Officer Chris Gorrell
Community Policing Unit
Service People Integrity Responsibility Innovation Teamwork
MEMORANDUM
November 21, 2002
TO:Cindy Steinhauser, Assistant City Manager
Kim Wadding, Police Chief
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Muddy Waters Coffee Shop (complaint attached)
This memo is in response to a letter from Jessica Bames primarily concerning
enforcement of the noise ordinance by the Police.
Muddy Waters Coffee Shop is zoned C-4 Downtown Commercial zoning district. The
business is a permissible use at that location, In reviewing the issues Ms. Barnes
raises, we found no other issues or violations pertaining to zoning. It appears her
concerns involve matters enforced by the Police.
If I can be of further assistance, please let me know.
LC/mkr
Attachment
Sec. 33-46. Prohibited Noises:
No person shall cause or permit any loud and excessive noise that results in annoyance or
discomfort to a reasonable person of normal sensitivities. Without limiting or precluding
enforcement of any other provision of this article or this code, the following are hereby
prohibited:
(1) Horns, Signaling Devices, Etc.: The sounding of any horn or signaling device such as
that on any automobile, motorcycle, bus or other vehicle on any street or public place of
the city, except as a danger warning, or the sounding of any such device for an
unnecessary and unreasonable period oft/me.
(2) Crying Of Wares: The sale by outcry within any area of the city zoned for residential
uses. However, this subsection shall not be construed to prohibit the selling by outcry of
merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and
other similar licemsed public entertainment events, nor to prohibit the selling of
newspapers by outcry.
(3) Animals And Fowl: The keeping of, upon any premises, owned, occupied or
controlled by any person, any animal or fowl otherwise permitted to be kept which, by
any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal
sensibilities.
(4) Loading, Unloading, Opening Boxes: The creation of any loud and excessive noise in
connection with loading or unloading any vehicle or the opening and destruction of bales,
boxes, crates and containers.
(5) Schools, Courts, Churches, Hospitals: The creation of any loud and excessive noise
on any street adjacent to any school, institution of leamhig, church or court while same is
in use, or adjacent to any hospital, which unreasonably interferes with the workings of
such institution, or which disturbs or unduly annoys patients in the hospital.
(6) Construction Or Repair Of Buildings: The creation of any loud or excessive noise
resulting from erection, excavation, demolition, alteration or repair of any structure or
building except betwe~a the hours of seven o~clock (7:00) A.M. and eight o'clock (8:00)
P.M., Monday through Friday, and n/ne o'clock (9:00) A.M. and six o'clock (6:00) P.M.
on Saturday and Sunday.
(7) Pile Drivers, Hammers, Etc.: The operation of any pile driver, pneumatic hammer,
derrick, power hoist or other construction equipment, except between the hours of eight
o'clock (8:00) A.M. and six o'clock (6:00) P.M., Monday through Friday, and nine
o'clock (9:00) A.M. and six o'clock (6:00) P.M., Saturday and Sunday, and when so
permitted, only if equipped with an effective muffling device.
(8) Refuse Or Recyclables Collection: The collection of garbage, trash, refuse or
recyclables in any area zoned residential except between the hours of six o'clock (6:00)
A.M. and nine o'clock (9:00) P.M. of any day and, when so permitted, only in a maturer
so as not to create a loud or excessive noise.
(9) Vehicle Repairs: The creation of loud and excessive noise resulting from the repair or
rebuilding of any motor vehicle within any residential area of the city except between the
hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. daily but only in such a
manner that a reasonable person of normal sensitivities residing in the area will not be
caused discomfort or annoyance.
(10) Exhausts: The discharge into the open air of the exhaust of any engine, including a
steam cmgine, internal-combustion engine, motorboat or motor vehicle or the discharge of
air or other gases except through a muffler or other device that will effectively prevent
loud or explosive noises therefrom.
(11) Stationary Machinery, Equipment And Fans: The operation of any immobile
machine, equipment, pump, fan or similar mechanical device in any manner so as to
create any loud and excessive noise.
(12) Loud, Unnecessary Or Unusual Noise: Notwithstanding any other provision of this
article or code, and in addition thereto, it shall be unlawful for any person to make or
continue or cause to be made or continued any loud, unnecessary, or unusual noise in any
park or other public place or which disturbs the peace or quiet of any neighborhood or
which causes discomfort or annoyance to any reasonable person of normal sensitivities.
(13) Outdoor Music Or Amplified Noise: The making or continuing to make any outdoor
music or amplified noise between the hours often o'clock (10:00) P.M. on Sunday and
n/ne o'clock (9:00) A.M. on Monday, ten o'clock (10:00) P.M. on Monday and nine
o'clock (9:00) A.M. on Tuesday, ten o'clock (10:00) P.M. on Tuesday and nine o'clock
(9:00) A.M. on Wednesday, tan otclock (10:00) P.M. on Wednesday and nine o'clock
(9:00) A.M. on Thursday, ten o'clock (10:00) P.M. on Thursday and nine o'clock (9:00)
A.M. on Friday, twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00) A.M.
on Saturday and twelve o'clock (12:00) midnight on Saturday and nine o'clock (9:00)
A.M. on Sunday, when the person making or causing to make such music or noise knows
or reasonably should know the music or noise would disturb the peace of a reasonable
person. (Ord. 88-92, § 2, 11-16-1992; Ord. 63-01, § 1, 10-1-2001)
Sec. 33-47. Unlawful Use Of Buildings:
No person owuing or in possession of or in control of any building or premises shall use
the same, permit the use of the same, or rent the same to be used by any business,
mnployment or other use, or for any purpose of pleasure or recreation, if such use shall,
by the noise genm'ated therefrom, disturb or interfere w/th the peace of the neighborhood
in which such building or premises is situated. (Ord. 88-92, § 2, 11-16-1992)