[Vision2020] New NO info...

[Garrett Clevenger]

To clarify this a bit, police Chief Randy Weaver wrote
it with city attorney Randy Fife, from what I have
been told by the city.

The last email I sent had a good template for what our
NO should look like.  I made a big sacrifice by
specifying what "noise" is.  In that case, "loud
amplification devices."  Included in that list is my
acoustic guitar, which would be citable by a police
officer and no complaint if between the hours of 10 pm
and 7 am.

What other sacrifices do people want to make on this,
that insures our First Amendment is not eroded?


gclev


--- Donovan Arnold <donovanjarnold2005 at yahoo.com>
wrote:

> "This stated intent of the noise ordinance
> amendment,
> according the the police who wrote it, is to target
> repeat offenders,"--GC
>    
>   As grateful as I am for Moscow's wonderful police
> force, I am extremely uncomfortable with police
> writing legislation that involves them. I think all
> legislation should be forwarded by private citizens
> and their elected representatives. That is not to
> say that we should not seek the wisdom and advice of
> the police for what works and what doesn't and what
> we can do to make their objectives safer. 
>    
>   When the executors of the law become the writers
> of the law, we have conflict of interest, we have a
> separation of powers concern. 
>    
>   Again, I think you Garrett for your interest and
> hard work on this NO and looking out for the rights
> of Moscow residents. 
>    
>   Best,
>    
>   Donovan
>    
>   
> 
> Garrett Clevenger <garrettmc at verizon.net> wrote:
>   Donovan,
> 
> This stated intent of the noise ordinance amendment,
> according the the police who wrote it, is to target
> repeat offenders, what they call "party houses"
> which
> comprise 17% of all noise complaints.
> 
> That being the case, I am proposing language that
> specfies what those offenses are: loud music during
> the night. (yelling and the like are covered by our
> current NO)
> 
> Living around other people, I don't think it is
> realistic to expect no "noise" at all times. But if
> you are bothered, you still have the right to
> complain
> and those people face being cited.
> 
> I am a light sleeper and have discovered "white
> noise"
> is an incredible sleep aid. I use a fan and it
> blocks
> out much random noise that otherwise would wake me.
> 
> If the noise ordinance I provided a link to works
> for
> Boise, our state capital, it seems like it is a good
> model to use. The text I provided can either
> suplement our current NO, or be a framework to build
> around.
> 
> Many of the other noise issues you brought up are
> covered by our current NO, so I did not address
> them. 
> Barking dogs is covered in another section.
> 
> For those who want to see our current NO, it is
> here:
> 
>
http://www.ci.moscow.id.us/citycode/TITLE10/chapter11.pdf
> 
> --- Donovan Arnold 
> wrote:
> 
> > Garrett,
> > 
> > One of the reasons I dislike the time frame is
> > that it seems to be saying it is OK to disrupt the
> > sleep of those that work graveyard, but not OK to
> > disrupt the 9-5 ers. Having worked graveyard
> before,
> > I don't like this wording. 
> > 
> > This ordinance also doesn't address lawnmowers,
> > barking dogs, crying babies, noisy children, loud
> > singing, and automobiles, all of which can be very
> > disturbing. 
> > 
> > Boise does also have a provision regarding the
> > behavior of barking dogs. 
> > 
> > Best,
> > 
> > Donovan
> > 
> > Garrett Clevenger wrote:
> > No new NOers,
> > 
> > I received an informative email from Linda Pall
> and
> > we
> > may be on our way to finding reasonable language.
> > She
> > spoke with Judge Hamlett, who pointed her towards
> > Boise's Noise Ordinace:
> > 
> >
>
http://www.cityofboise.org/Departments/City_Clerk/PDF/CityCode/Title6/0620.pdf
> > 
> > Basically, it make's this illegal:
> > 
> > LOUD AMPLIFICATION DEVICE: 
> > Any equipment designed or used for sound
> production,
> > reproduction, or amplification, including, but not
> > limited to any radio, television, phonograph,
> > musical
> > instrument, stereo, tape player, compact disc
> > player,
> > loud speaker, public address (P.A.) system, sound 
> > amplifier, or comparable sound broadcasting
> device. 
> > 
> > 
> > if this occurs:
> > 
> > A. is plainly audible within any place of
> residence
> > not the source of the sound, or, 
> > 
> > B. is plainly audible upon a public right-of-way
> or
> > street at a distance of one hundred (100) feet or
> > more
> > from the source of such sound. 
> > 
> > 
> > I could live with similar language of this
> > ordinance.
> > For our NO, I'd like to add:
> > 
> > 1 month warning period
> > Police can issue ticket without complaint between
> > hours of 10pm and 7am 
> > Neighbors have to complain outside of the above
> time
> > frame
> > 
> > I've added >>> BOLDED TEXT <<< to the Boise code
> to
> > clear this up:
> > 
> > 
> > Section 6-20-04 ENFORCEMENT 
> > 
> > A. Peace officer citation. >>> DURING HOURS
> BETWEEN
> > 10 P.M. AND 7 A.M. <<< Any >>>MOSCOW<<< City peace
> > officer or person empowered to enforce this
> > provision
> > of the >>>MOSCOW<<< City Code is authorized to
> issue
> > a
> > uniform citation upon his own observation of a
> > violation without the necessity of a citizen
> > complainant's signature on said citation >>AFTER
> > FIRST
> > ISSUING 1 WARNING TO OFFENDER AND OFFENDER REPEATS
> > VIOLATION WITHIN 1 MONTH PERIOD <<<. By signing
> the
> > citation officer or person is certifying that he
> has
> > reasonable grounds to believe that the person
> cited 
> > committed the offense contrary to law. 
> > 
> > B. Citizen citation. A uniform citation may also
> be
> > signed 
> > by any citizen or person in whose presence an
> > alleged 
> > violation of this Ordinance occurred and be
> > witnessed
> > by a 
> > >>>MOSCOW<<< City peace officer or person
> empowered
> > to
> > enforce 
> > this provision of the >>>MOSCOW<<< City Code whose
> > name shall be 
> > endorsed on the citation >>AFTER FIRST ISSUING 1
> > WARNING TO OFFENDER AND OFFENDER REPEATS VIOLATION
> > WITHIN 1 MONTH PERIOD <<<
> > 
> > 
> > That seems reasonable to me. What do you think?
> > 
> >
>
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