[Vision2020] New NO info...

[g. crabtree]

To clarify this a bit further, our police chief is named Dan Weaver. Randy 
is the guy who was set up by the BATF and had his family murdered by the FBI 
at Ruby Ridge on August 21, 1992.

g
----- Original Message ----- 
From: "Garrett Clevenger" <garrettmc at verizon.net>
To: "Donovan Arnold" <donovanjarnold2005 at yahoo.com>; <vision2020 at moscow.com>
Sent: Friday, November 09, 2007 6:29 PM
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?
>> >
>> >
>>
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