Most of the Athens residents and business representatives who attended a public hearing yesterday do not support proposed legislation that would close businesses' outdoor seating after certain hours.
However, they do seek greater enforcement of noise violations to solve the perceived noise problem from businesses at the north end of Court Street.
Members of the Athens City Planning Commission and roughly 30 people in attendance listened to about four letters and 15 speakers. Three opinions expressed were in favor of the business restrictions.
Athens City Council passed a resolution April 7 asking the Planning Commission to recommend that any business with outside operations, such as a patio or outdoor seating, close them at midnight on Friday and Saturday and 10 p.m. Monday through Thursday.
The Planning Commission had amended the resolution to include just businesses in the B2-D zone, which contains the area at the end of Court Street, and to exclude R-1 or R-2 zones, which contains most of the Uptown area.
Some Athens residents, including Jim Sillery, of Fairview Avenue, recommended adopting the restrictions on outdoor operations.
A person has the right to live peaceably in their own home
Sillery said. The activities of one property owner should not infringe upon another.
Representatives for the Athens Area Chamber of Commerce, Executive Director Jennifer Simon, and the Uptown Business Association, Chairman Josh Thomas, spoke about the harm such an ordinance would do to locally owned businesses.
Other business owners, such as Donkey Coffee and Espresso owner, Chris Pyle, said they do not want to be penalized for the actions of one to two businesses, such as Broney's Alumni Grill and Courtside Pizza. They support solving noise problems with ordinances already in place.
Donkey Coffee could be forced to take in its six outside tables at midnight if the proposal became law, Pyle added.
Lawyer Herman Carson, who represents the owners of Broney's, said that Broney's has not been found in violation of the city's noise ordinances.
If this problem is about noise (the proposed ordinance) needs to be city-wide Carson said. This appears to be an attempt to regulate noise through spot zoning
which cannot and should not trump the bounds of state law.
The Athens Planning Commission will meet again at noon Wednesday, Oct. 1 after consulting with the city law director and the police chief on the available options. It hopes to make a recommendation to City Council on the proposed ordinance at this meeting.
The members welcome additional comments from the public.
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Rebecca Black
