Can this town noise ordinance possible be legal?

Question

"No person shall make or cause to be made, any loud, disturbing or unnecessary noises such as may tend to annoy or disturb another in or about any public street, alley park or private residence"

I've got a condo neighbor that sleeps with his windows open and calls the police any time he hears somebody talking. There are 3 of us here and we sometimes open the garage door and chat while having a cigarette or a beer in the garage. Is it really possible that anything that annoys this guy can get me an enforceable city fine? I always thought they had to find a way to measure what noise is considered a legitimate violation.

Addition: The cops said that the next time they get a complaint if they see someone outside I will get a noise violation ticket. I never mouthed off to them or anything.. always been polite and have a pretty good relationship with the police here. Problem is that they keep track of the total, so each time they look and see that there's 100 other complaints (all from the same guy though). This law really seems like a means of selective discrimination based on popularity. I was just wonder if the fine would stand up in court.

Answer 1

It does differ from town to town and it's usually set up to take effect after a certain time at night, in my town it's 10pm. And sadly a neighbor can call and report a noise complaint for any level of noise he deems excessive.

Now the thing to do is play it cool when the cops show up and totally cooperate with them. Try to make sure that they can see that the actual level of noise your making is far below the nuance level.

After a while the caller will start to become discredited by his/her constant calls. I'm sure at some point the police will actually start to suggest to him to start to close his windows....

Hope this helps...

Answer 2

You have to look at the ordinance to find your answer.

Is your talking loud? I'm sure it is regular talking; the prosecution would have to prove that the noise level exceeds that which is appropriate; they would have to either tape you, or produce several credible witnesses.

Is the talking disturbing? Are you guys cursing, making loud farting noises or playing the stereo too loudly? Disturbing might even mean loudness o talking level, as well. See above.

Is the talking unnecessary? Now you may have your First Amendment rights to assemble, as well as freedom of speech and freedom of association rights being infringed upon. Unless a bright line for time, place and manner exceptions, i.e. curfew on talking outside for a legitimate governmental reason, your rights as stated above cannot be infringed upon.

I believe that this ordinance shall be hard to enforce because of its vagueness on its face and application. Will one officer decide loud talking is disturbing at 8:00 p.m., while another officer believes that it is only disturbing after 10:00 p.m.?

This is how ordinances get repealed; someone gets prosecuted, found guilty, and appeals to the higher Courts, where the ordinance is scrutinized.

I do not think the City Attorney's Office would risk having the ordinance repealed by prosecuting this case, with the facts presented.

Answer 3

Have you actually been ticketed by the police? What was said to you? If you were truly "only talking" this does not sound like a valid violation. However, you state something that makes me wonder..."chat while having a cigarette or a beer..." The presence of alcohol can certainly have a negative impact on the situation. And, did anyone "mouth off" to the cops? Arguing will get you "busted" faster than anything else. When approached by the police you need to remain calm and non-confrontational.

Answer 4

I'm leaning towards, yes based on the wording of the ordinance. No unnecessary noises that may annoy another is pretty vague but enough that a person can call the cops just because you are talking in the garage and he can hear you. It really sucks when your neighbors are that stinking petty. I have one, trust me, I can go on and on about how often the cops and fire department have been to my place! I have also been to court twice over this jerk. Once I got the charges dropped...another it cost me $100.00. I sympathize but I still think you are screwed.

Answer 5

No its based on the officers observation and if there are others neighbors complaining. No measurement device is needed.