[Vision2020] Noise Ordinance:Decibels In Lewiston City Code

[Ted Moffett]

Garrett et. al.

I understand your concern, assuming your interpretation of the broad and
perhaps arbitrary discretion the proposed NO might grant police for
ticketing noise offenders, with no warning period.

And then given Dave's objection that decibel meters can be used to give
misleading readings, or are just inherently difficult to work with, even
with the best intentions and knowledge of their use, mandating strict
decibel standards for noise investigations by law enforcement, backed by a
decibel meter reading, creates other problems.  However, I think a high
quality decibel meter that is correctly calibrated and used properly can
offer reliable readings for law enforcement investigations into noise
complaints, though this approach may not cover all relevant cases.

What about multi-apartment complexes where the noise is not heard loudly
from the outside, but through walls?  To test for noise levels the police
would have to enter the apartment from where the noise complaint was issued.

I have not studied the NO city code, or the proposed changes, in detail.
But given Garrett has, perhaps he can explain how noise complaints
from within the closed walls of an apartment complex are addressed?

Ted Moffett






On 11/16/07, Garrett Clevenger <garrettmc at verizon.net> wrote:
>
> Ted and folks,
>
> Our current NO says this:
>
> Residential and Office Zoning Districts: Sixty-five
> (65) dBA during the daytime (7:00 A.M. to 10:00 P.M.)
> and fifty-five (55) dBA at nighttime (10:00 P.M. to
> 7:00 A.M.) as measured at the property line of the
> source.
>
> The only problem, it also says this:
>
> "The following acts, among others, are declared to be
> unlawful nuisance noises in violation of this Code
> Section, but said enumeration shall not be deemed to
> be exclusive; these acts may constitute a violation
> even when the noises created are within the limits
> contained elsewhere herein"
>
> Which basically means the above dB's are not
> necessarily the max dB on your property.
>
> That, combined with removing neighbor complaints and a
> warning period leads to this if the council votes to
> approve the current NOM:
>
> The police will have the right to give a ticket to
> anybody in Moscow at anytime for any "noise" an
> officer deems offensive, even if no one complains.
>
> That is a significantly broader than necessary means
> of solving the party house problem and I hope the
> expected modifications to the amendment will address
> this concern.
>
> gclev
>
> My Written Record for Moscow's Noise Ordinance
> Modification of 2007:
>
> http://garrettclevenger.com/NOMhistory.html
>
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