INC NEWS - [pac2] Noise ordinance too petty to prosecute??

[Ken Gasch]

Hi Jo,

In my humble opinion, we don't need an expensive decibel meter to tell us when a noise is a nuisance.    

As I understand it, these decibel meters only measure the absolute amplitude of a sound wave.  You can sleep like a baby next to waves crashing or a loud water fall.  Both of these things can measure very high on a decibel meter and possibly even higher than is the "legal limit."  But, you might not be able to sleep if you hear the faint sound of a dripping faucet.  

The human is brain is unmatched in its sophistication.  In my opinion, police officer testimony is much more valuable than a reading from any meter.  The "thump-thump-thumping" of loud music is a nuisance.  Dogs barking is a nuisance.  If people can't sleep, the noise is a nuisance.

The Crime Cabinet recently had a state circuit judge speak about an unpopular ruling that he made in a recent case involving shootings on a DATA bus.  I felt as though his side of the story was what was missing from the initial story that only spoke of the public's outcry.  I came away with a better appreciate of our legal system.  

By better understanding legal decisions and our laws, I feel that our community can plan better ways to cope with future occurrences of common community problems.  Should we ask a sitting District Court Judge to come speak to PAC2 or INC?  Visiting this issue with Judge LaBarre is probably not entirely appropriate.  I would suggest asking Judges Morey or Hill.     

I would like to understand what factors are considered when looking at a criminal case of noise ordinance violation.  This understanding will help citizens and police collect better evidence and then, only the evidence that is needed.  

Should the matter be taken up in a civil court where the burden of evidence is lower?  Can a neighborhood association act as a complaintent in civil court?  

If you work to invite a judge, I will speak with the leaders of both PAC2 and INC and see about getting them a time slot.  

Ken
220-0351


  ----- Original Message ----- 
  From: Joanna Darby 
  To: PAC2 ; Trinity Park ; TownGown at yahoogroups.com ; pbaker8667 ; Reyn Bowman 
  Sent: Wednesday, May 17, 2006 12:38 PM
  Subject: [pac2] RE: [TownGown] Noise ordinance too petty to prosecute??


  Judge LaBarre seemed to be annoyed at having to move to another courtroom and obviously considered the noise violation a trivial matter.  I wish he lived where I do.  He and Mr. Williams (defense attorney) both stated that in cases like this it would be normal to first give a warning before issuing a citation.  Of course, they couldn't make the point that that house had umpteen calls and warnings in previous years due to loud party noise and disorderly conduct.  They also seemed to think the officers should have been able to quote the exact decibel level of the noise and because they couldn't, basically intimated that the officers were out of line or lying about the level of noise. Also, they said I was the only complaint that night (so I don't count I guess) and since I did not specifically mention music as an irritant in my call to 911 (only some kind of loud banging and drumming), and the officers did not hear the drumming noise, that the fact there was loud music was immaterial. Imagine what kind of response the public would have if they found out the officers left the party without addressing the party music noise because they didn't hear any banging!  Its too bad the officers didn't stop to speak with the residents when they drove by earlier but it was only early evening (I think they said 630p or 7p) and not yet dark. What this says to me is that if we want to make an impression on unruly folks we must; 1) call 911 EVERY TIME we hear noise; 2) be sure to mention everything that is going on; music, shouting, singing, etc.; 3) ask for an officer to meet you after their visit to whoever is being rowdy; 4) document everything with notes, pictures.   I wonder how much a decibel meter costs?

  Jo Darby

   
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