Alissa Zhu

DZHU@NEWS-LEADER.COM

The city of Springfield has new rules governing noise and peace disturbances, including the use of amplified sound devices.

In an 8-1 vote, council members approved the proposal. Councilwoman Kristi Fulnecky was the only person to vote in opposition.

The new rules aim to make the law that governs noise and peace disturbances less confusing for residents as well as police and prosecutors.

Previously, there were separate provisions for residential and business districts, which made the law difficult to enforce in "mix use" areas like downtown.

Among other things, the law now prohibits loud noises from private property between the hours of 11 p.m. and 7 a.m. in all areas in Springfield.

The amended law also comes with new regulations on amplified sound. This specific provision has drawn criticism from a lawyer, who represents a street preacher who was arrested after delivering loud sermons downtown.

Attorney Dee Wampler gave city leaders a warning at the last council meeting in December. He said he believed the city was trying to target his client, the street preacher.

"You're messing with religious speech," said Wampler. "You got to be really careful when the government starts trying to regulate a church or free speech."

Dee Wampler to Springfield City Council: 'You're messing with religious speech'

Fulnecky echoed Wampler's concerns Monday night.

"I am concerned that it could potentially target religious speech and the First Amendment," Fulnecky said. "To me, the peace disturbance ordinance is enough. I don't know why we need another one ... I'm just fearful of the religious speech and if this was just about the preacher then I don't think that's right.

Councilman Mike Schilling responded: "To me, this is about volume, not restriction of speech or anything like that. I've lived here over 30 years and, personally, I've experienced a great increase in lack of audio serenity."

Schilling said some amendments were requested by the Downtown Springfield Association.

Rusty Worley, the head of the Downtown Springfield Association, spoke to the News-Leader in October when the changes were first looked at in a council committee meeting.

Worley said his organization has received multiple complaints about noise disturbances from downtown residents.

Mayor Bob Stephens emphasized Monday that the law is "content neutral."

Proposal to address downtown noise complaints will 'target street preachers,' critic says

"It doesn't matter if we're talking about a rock song or a street preacher, we're just talking about the volume. We're not talking about what's being said or what's being sung," Stephens said.

Wampler represented Fulnecky in her past disputes with other council members. “Dee and Ann Wampler” appear on Fulnecky’s official campaign website under a list of people who have endorsed run for mayor.

Fulnecky was the lone vote in opposition against three other bills passed Monday night. Those proposals include: