If you made some noise this summer - the kind that might attract police - you probably got away with it.
In April, the state Supreme Court ruled the city's noise ordinance unconstitutional, calling it vague and overly reliant on the personal judgment of police officers. City attorneys quickly drafted a new law for the busy summer season, but police have issued only seven tickets this year, a 93-percent drop from the 101 tickets handed out in 2008. And that's an even bigger decrease from the 360 written in 2007.
The court ruling has forced police to rethink how to deal with loud music from nightclubs and pumping car stereos. Their new enforcement strategy could be summarized this way: Could you please turn it down?
"What we've learned is, we're all better off if there's voluntary compliance," said Tony Zucaro, captain in the second precinct, which includes the Oceanfront.
"The first order of business has been, if you'll turn it down, you won't get a ticket," said Chris Boynton, a city attorney.
The attorney who represented the Oceanfront night club that challenged the noise ordinance said this approach is still misguided.
"Police officers should not be approaching people and asking them to turn their music down," said Kevin Martingayle, attorney for the Peppermint Beach Club, which received multiple citations before challenging the law. "Enforcement ought to be driven by more than the mere opinion of police officers."
The state Supreme Court found that the city's reliance on whether "reasonable persons" would judge a noise to be too loud was unclear.
"Noise that one person may consider 'loud, disturbing and unnecessary' may not disturb the sensibilities of another listener," wrote one justice in the unanimous decision.
The city rewrote the regulation to include decibel levels and distances from which sound is audible to guide enforcement.
For example, sound audible 50 feet from a restaurant or in excess of 75 decibels after 11 p.m. is a violation under the new ordinance. Violators face a $500 fine.
The expensive equipment needed to measure sound in decibels is still on order. Police are getting four $4,000 sound meters, one for each precinct, said Chief Jake Jacocks.
Zucaro stressed that police will still respond to noise complaints. Confusion over the court ruling resulted in some dispatchers and officers thinking police no longer dealt with noise, he said.
The city has appealed the state Supreme Court's April decision to the U.S. Supreme Court, but the federal high court has not decided whether to hear the case.
Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com
Delicious
Digg
Reddit
Facebook
Google
Yahoo
Freedom from speech
Speech is like the religion clause in the constitution. One guarantees free speech and the other to freedom of religion of their choice.
We also have a right not to hear free speech. We also expect these rights not to be abused in such a way that it allows a person, against your will, to foist their beliefs upon you.
No right is absolute. Each one requires personal responsibility not to abuse these freedoms.
Cars come down my street all the time that actually shake the window panes and crack the plaster. Not only are they loud the sound waves and noise combined are like a physical attack upon my body and senses.
I propose a new penalty for these noise makers. The court, upon conviction would sentence them to ten days of solitary confinement where high volume music of Barbra Streisand and Barry Manilow is piped into the cell 24/7 (smile).
Unfortunately
I recently learned that if your neighbor's children (between ages 5 and 16) like to stand in the front yard and scream bloody murder (literally screaming as if they are being brutally tortured) it is not disturbing the peace. They do it for 20-40 minutes at a time because they think it's funny. Their mother says they can do whatever they want and the police said it's not illegal.
it is
It really is all about opinion or the type of music you like. If a cop's a die-hard KISS fan, do you think he'd care if the music's blasting? But if he had a problem with rap and someone had Lil Wayne blasting, he would say something. For this reason, I think the decible law is a good one because it voids the opinions.
On a seperate note, about the crying babies: I have one, almost everyone has one, has had one, or will have one. It infuriates me when, for example, at the movies, they add the sound of a crying baby to the "please don't spoil the movie by adding your own soundtrack" bit. I understand everybody's there to enjoy a movie, but what, new parents can't either? What if they don't trust anyone around here to babysit, or are worried about the spread of the flu? I dare someone to tell me to "control" my crying baby. Any other parents agree?
re: it is
If you bring a baby, who cries, to a film I am attending, expect to be publicly embarrassed and to miss the film thereafter.
Someone brought a baby to The Dark Knight [YES, the hyper-violent and ear piercing Dark Knight]. After my LOUDER, short tirade about taking the child to the lobby, I received a short ovation.
This goes for talkers, seat-kickers and idiot's that can't put their cell phone on vibrate...
Responsibility
There are some changes you have to make when a new family member arrives. If your baby cannot be controlled during a movie, then that baby has no business being there to disturb the folks around you. If that means you don't go to the movies, you don't go to the movies. Children grow up and you can resume your "normal" life soon enough. You make sacrifices when you become a parent. Someone mentioned consideration: that is what it boils down to.
Baby Noise
If you really want to go see a movie, sit down front in the handicap seats and be prepared to miss parts of the movie when you get up as soon as your baby starts making noise. My daughter went to her first movie at 3 months old, but if she started making noise I would take her out of there.
Those other people in the theater paid $10 to see a movie, not to listen to your kid cry. If you can't find a babysitter that you trust, then wait for the DVD
lol
If you're worried about the flu, you don't have much sense if you bring your baby to a movie theater. A child crying ruins a movie for everyone else who paid to be there. Personally, I will request a different table even if I'm sitting next to a screaming baby at a restaurant. At Applebee's, fine. Screaming babies don't belong in "romantic" high end restaurants though.
I don't agree at all
I have a toddler who is almost two, and she has NEVER been to a movie. That's the last place I would ever take her...I KNOW she will scream and cry and be bored and I wouldn't even be able to enjoy the movie much less the other people who paid to go see the movie. It's absolutely ridiculous to bring a baby or toddler to a movie, unless it's a movie for babies and toddlers. If you don't have a someone you can leave your baby with while you take a break and go to a movie, then find something else to do. When you subject an audience to your screaming kid in a setting like that, it's selfish and disrespectful to the other people and to your child who obviously doesn't want to be there either.
As for your "dare" for someone to tell you to control your crying baby...how about controlling yourself and being a little considerate of others rather than just caring about yourself and your desires. When you have a young child, you have to sacrifice some things, such as going to the movies, or actually sitting through a meal in peace, or having a neat and tidy house free of stuffed animals and dolls and blocks, etc.
Difference of opinions......
Let me see if I understand this correctly. If I can hear a car stereo with it's windows up, a block away, that by my opnion it is to loud. Yet someone else might not think it's to loud? Or I'm sitting in my car, windows up listening to my radio, yet the car next to me, also with it's windows up, has their radio so loud that I cannot hear mine.
If you can turn it down, turn it down.
It's not about each person determining what they like. It's about loving your neighbor. It's about kindness. It's not about what you can get away with.
The reason such laws exist is because people are not the good person they think they are. After all if you're forcing your Loudness on others, you're not a good person are you? Hence, neither are you determinations and actions. A crying baby is outside anyone's control. Loud voices & music are controllable. I'd like to know who allowed the seafood place in Chesapeake, which is in a quiet residential neighborhood to build an outdoor sports bar complete with live music? Has common sense flown the coup? I think it depends on how compassionate a person is. If they have a compassionate heart, they are not going to purposely or inpurposely disturb others. They think things thru and then come to a decision based on that compassion. Without it, they just want what they want and think is best.
Live next to a garage band
Live next to a garage band and you will understand why a law is necessary.
garage band
would you rather the members of the garage band be on the streets causing trouble, or playing in a garage just having good fun? If it is before a reasonable time, say 9pm, how is it such a bad thing?
Das right
Now all you up tite types get to enjoy my gangsta rap tunes on level 10/ enjoy...haaaa
Proud?
First of all, what kind of judge allows himself/herself to be questioned in the courtroom? Who is in charge? And second, what kind of person plays music so loud that a complaint is made and then is proud that he beat the rap? Both are examples of what is going on in our society today. It is no wonder that this country is changing but not the kind of change I can believe in. This thug mentality is running rampant.
No Thug
I am actually a white collar, MBA/Engineer and former Naval Officer having one simple party on the 4th of July. There were parties going on all around me and it almost appeared I was singled out, perhaps because my parties always have attractive girls and I never invite neighbors.
I encourage the thugs to run rampant within the confines of the legal system (Socrates, said make the changes from within). If laws and ordinances can not be defined in numerical terms: decibles, speed, BAC, etc, it may be interpreted as discriminatory and subject to litigation.
In fact those poking around the fences for the holes are actually making our legal system stronger, more fair and objective and less costly in the long run in terms payouts from discrimination suits
Its the American way
To ask questions, pose logical arguments and find holes in the legal system. Look at our founding father's for guidance. The government is supposed to serve the people and the must be applied equally in all instances, not at the discretion of the policeman. Everyone, even if they are wrong should pose questions if given the opportunity. Judges interpret the law, they are not Gods. We do have a right to questions those that we pay with our tax dollars. This is what being a citizen is all about.
Quantitative definition of noise
I beat the noise rap for a party I had on the 4th of July by going to court and asking the judge: First, what is the definition of noise - she responded any unwanted sound. Second, who are those who don't want the sound - she responded, those neighbors around you, Third, and this is where I beat it: Do you have a decible meter, a distance from the source at which the decible threshold is defined and a written threshold defined in mathematical terms that can be applied objectivly to all situations. I argued DUI's have a .08 threshold but there is no defined criteria for acceptable noise. A baby crying too loud or a couple arguing doesnt get ticketed but a party does. The party sounds like music to one, annoys others etc.
I basically used an OJ style, Johnny Cochran defense to get my ticket thrown out and the pleasure of stumping the judge.
noise penetration
If your party noise is loud enough to be heard inside a neighbor's house, then a noise meter would not really be needed, because you are invading your neighbor's house unwantingly. Turn your NOISE down and be a good neighbor.
Glad you won...(in court)....but........
Personally....you may have won in court...but your childish antics (in the neighborhood) you would've lost against me. I'm a nice guy at first..then when you don't comply...I'll turn the game on you and blast my STEREO outside your house when you're sleeping every day until you get the point. OH, but you don't care if others want peace and quiet to where ONLY YOU can hear your racket...but you expect others to put up w/ your racket? I don't think so friend. Think of OTHERS before you think of yourself. Be selfish..and you'll see where that gets you and I guarantee you...you won't go to court next time....you'll have paybacks and "street justice" ... Do unto others as others would do unto you. Remember that.
The problem is
The problem with the ruling is that's how almost every other noise ordinance in the country is done and has been done for a long time. Whether noise is annoying is inherently a human judgment call.