[Vision2020] New NO info...

Fri Nov 9 19:10:57 PST 2007

Now you knew this was coming:

NOW the truth comes out!  *You* are part of the problem.  Good going.  And again, thanks for helping to make my point!  

J  :]

> Date: Fri, 9 Nov 2007 18:29:29 -0800
> From: garrettmc at verizon.net
> To: donovanjarnold2005 at yahoo.com; vision2020 at moscow.com
> Subject: Re: [Vision2020] New NO info...
> 
> 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?
> > > 
> > >
> >
> =======================================================
> > > List services made available by First Step
> > Internet,
> > 
> === message truncated ===
> 
> =======================================================
>  List services made available by First Step Internet, 
>  serving the communities of the Palouse since 1994.   
>                http://www.fsr.net                       
>           mailto:Vision2020 at moscow.com
> =======================================================

_________________________________________________________________
Windows Live Hotmail and Microsoft Office Outlook – together at last.  Get it now.
http://office.microsoft.com/en-us/outlook/HA102225181033.aspx?pid=CL100626971033
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://mailman.fsr.com/pipermail/vision2020/attachments/20071109/2cf197ee/attachment.html 