FAIRHOPE, Ala. - The City Council approved a noise ordinance Monday that will change the method for determining violations of a law that has gone through several revisions during recent months.

The law, which becomes effective Jan. 1, passed 4-1, with Councilman Mike Ford dissenting.

The issue has been a noisy one itself during the past year and the source of discord between some local citizens and a few local businesses that feature live amplified music or have patios and late hours.

“The main change is the use of a decibel meter and the levels measured,” said Council President Lonnie Mixon.

The prior law, which was adopted following complaints by citizens living near those businesses, required police officers to listen from the residence of the complainant and determine whether the business was in violation.

The new law sets maximum noise levels at 85 decibels during the day and 50 decibels after 10 p.m.

“Fifty percent think this ordinance goes too far and another 50 percent think it doesn’t go far enough,” said Councilman Rick Kingrea who sponsored the ordinance. “The one mutual agreement that they have is that 100 percent believe that if we don’t do what they want us to do it’s going to be the ruination of Fairhope. I have to tell you I don’t think that’s true.”

The new law was modeled after the ordinance in Mobile, which Kingrea said was used because it has withstood legal challenge.

Three residents spoke against the proposed law, seeking lower limits of 65 decibels during the day and 50 decibels after 10 p.m. which they said are used in Destin and Orange Beach and have not hurt businesses there.

Local attorney Sam Crosby, who represents Fly Creek Cafe, was not allowed to speak Monday because he had not followed council procedures by signing up by noon that day, the council president said.

In denying his request to speak, Mixon said the council has heard from Crosby in prior hearings on the ordinance and that they needed to follow their rules.

At the last hearing on the proposed law, two attorneys and an expert all spoke on behalf of Fly Creek Cafe.

Last week, Crosby endorsed some provisions of the ordinance that was adopted Monday.

“The proposed noise ordinance as amended has objective standards that are clearer and fairer to Fairhope businesses and citizens,” Crosby said. “It does not have the void-for-vagueness constitutional issues of the existing ordinance.”

Patricia Havard, one of the residents who lives near Fly Creek Cafe and spoke against the proposed law, provided summaries of several local noise ordinances to the council, in seeking lower decibel limits.

“I’m very disappointed,” she said after the council meeting. “The noise coming from the business is extremely disruptive.”

In other business, the council:

• Delayed consideration of revisions to the city’s tree ordinance. Kant said at the work session before the regular meeting that City Attorney Marion “Tut” Wynne and private attorney Chris Gill, who advises the city on planning issues, had raised questions about some provisions of the ordinance. Kant summarized a letter detailing some recommended changes to the proposal. A special meeting of the Tree Committee will be called to study those recommendations and then present the proposed ordinance to the council next year with any additional changes, the committee’s chairman said after the work session.

• Authorized the mayor to negotiate with CH2M Hill for that company to perform a water and sewer study for the city regarding upgrades or replacement of existing facilities. The terms of the proposed contract will be presented to the council at future meeting for its approval, according to council members.

CH2M Hill was selected as the engineering firm to be considered to perform the study by a committee that evaluated several proposals by other companies under a new process for awarding some professional service contracts that was established earlier this year. The other firms who sought the contract were not listed in the packet of materials provided to council members and the media.

• Awarded a contract for tree trimming for the electric department to Burford’s Tree Inc. for a total bid proposal of approximately $259,000 per year.

• Recognized photographer John David Mercer by a Distinguished Service Proclamation presented by the mayor, for spotting a fire last Tuesday at a hotel on the Causeway, bringing it to the attention of the hotel, alerting sleeping guests and assisting in the evacuation of those guests.

“It’s not every day we have a hero in our presence,” Kant said in presenting the proclamation to Mercer.

• Delayed consideration of a proposed ordinance sponsored by Councilwoman Debbie Quinn that she has said will increase public participation at council meetings. The proposal would change current procedures from requiring citizens to sign up by noon the day of the council meeting to just prior to the meeting and not be limited to items on the council agenda.