GRAND RAPIDS, MI -- A Grand Rapids neighborhood bar that fought city citations over excessive noise six years ago -- and won -- is back in the crosshairs on the same issue.

But the rules have changed.

The Grand Rapids City Commission in November passed a new noise ordinance that sought to eliminate language deemed constitutionally vague.

It was vagueness, as described in a 2016 state Court of Appeals ruling, that forced the city to dismiss earlier citations against the Tip Top Deluxe Bar & Grill, 760 Butterworth St. SW.

Under the ordinance, fines for businesses with violations could be $200, $400 and $800 for first, second and subsequent offenses.

So far this year, Grand Rapids police have issued two citations to bar managers for noise violations and three warnings. They’ve responded to five other complaints as well, but found no violations or that the bar had closed.

Ted Smith, a co-owner of Tip Top, said the citations and warnings have come during nights when the bar has live bands and musicians playing.

Live music is on the schedule frequently and, according to Smith, it’s what brings a crowd to the bar. Sometimes, there’s 80 to 100 patrons.

But in recent weeks, he’s had to shut down acts early or face getting another citation.

“Its cost us a lot of money,” Smith said.

The new ordinance prohibits a commercial establishment from emitting sound that is “frequent, repetitive or continuous” and is “clearly audible to a person of normal hearing located 100 feet or more from the property line during nighttime hours.”

Such noise is not permitted after 10 p.m. Sunday through Thursday and after 1 a.m. on Saturday and Sunday.

Smith thinks the ordinance is unfair and believes police are responding to the same person’s complaints each time. The cited bar manager intends to dispute both tickets, although no court dates have been set.

Grand Rapids police Captain Matt Ostapowicz acknowledged that officers respond on a complaint-driven basis.

He said he’s talked to both Smith and “the complainant” on the issue and hopes to reach some resolution. In some ways, he feels like the police are caught in the middle and only doing their job.

“We’re trying to be reasonable with both parties. We’re trying to do what’s best for business and people that live in the area,” he said.

Since the two citations were issued last month, Ostapowicz said officers responding to subsequent noise complaints have simply been asking bar staff to lower the noise level or stop the music instead of writing a ticket. He expects the court to decide the issue.

The live music hasn’t bothered some neighbors.

Liz Detz rents a house directly adjacent to the bar and has no complaints. She has a teen and 16-month-old child.

“Not once have they ever woken us up in the middle of the night,” said Detz, who admits she can hear the music.

“It’s not obnoxious and it’s not too loud,” she said.

Still, a pastor with the Butterworth Street Fellowship across the street said he considers the bar a nuisance for various reasons, including the music but also the alcohol sales and consumption.

“It doesn’t benefit the neighborhood," he said.

Meanwhile, Smith said he’s trying do even more soundproofing to the structure, which he described as an “old wood-frame building.”

He said the bar has been in the neighborhood longer than most residents.

“It’s not like we’re doing something new,” he said about the music.

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