[Vision2020] Oppose Proposed Noise Ordinance Modifications

Mon Oct 1 16:36:47 PDT 2007

I could be wrong here, and if so, someone please step in, but the issue before the Council seems to be specific to residential "party" noise.  The kind that comes with doors slamming, music blaring, bottles broken in the street and thrown into neighbors yards -type of noise.  Take a look at the City's noise ordinance Title 10, section 11 of the Moscow Code. You have to go down to section 11-9 C to see the 48 hours thing:
C. For purposes of this Chapter, no
violation shall be prosecuted unless
the victim or the police have attempted
to contact and request relief from the
individual responsible for the noise
and the noise has continued or
resumed within forty-eight (48) hours

The way the current Code is written, you just have to be persistent and call the police and complain about the noise more than once.  Unfortunately, it offers no remedy from the party house that has a party EVERY Friday or Saturday  (Worse yet, EVERY Wed. or Thursday) because every Friday doesn't fit the 48 hr rule.

Garrett Clevenger <garrettmc at verizon.net> wrote: Kai,

If the police aren't responding when you call to complain, then it doesn't seem like they have time to patrol for such violators on their own.  This proposal won't solve that problem, unless they plan to hire more police for that purpose!

There are inconsiderate neighbors out there that may not understand your frustrations.  I'm glad taking the law into your hands worked for your neighbor situation.  If you do that in Moscow if this law passes, you better hope the police don't cite you on the spot!

If people are making noise on public property, that is a different question.  Police should keep the peace in public.

Remember, we live in a college town... 

I'd rather hear the occasional party scream then gunshots again.

Take care,

Garrett

Sorry Garrett, but a dozen drunken kids standing outside and screaming at the top of their lungs at 3 a.m. in a residential neighborhood is a bit beyond a
 "free speech" issue.

I called the police several times on my college student neighbors and they weren't ticketed because I didn't have to call back within the timeframe required, 48 hours. They have since moved, a young family has moved in and things have been peaceful since.

While living in Spokane, we had a new neighbor move in next door, including their 16 year old son. Soon, we had all sorts of cars rolling down the block with their boom-boom stereos cranked up.

When I asked the kids' father to tell his son and his sons' friends to turn down the volume, I got the "They are kids being kids" answer.

The police wouldn't do anything, despite repeated complaints from many of us on the block.

I finally had had enough and went around to all of my neighbors to tell them what I was going to do. They all agreed
 with my plan.

One summer Sunday morning, about 5:30 a.m., I rolled my dragbike out of the shop and moved onto my lawn about 25 feet away from my neighbors' open bedroom window.

Then I lit 'er up: Unmuffled motorcycle exhaust at 9,000 to 10,000 rpm makes a LOT of noise.

The dad came screaming out of his house, wanting to know what the hell I was doing.

"Racers will be racers, just getting ready to head to the track".

We never had another problem, the kids turned down their steroes before they got on our block. I even got to know some of them and, on occasion, would fix their cars when they broke down.

  ----- Original Message ----- 

  From: Garrett Clevenger 

  To: vision2020 at moscow.com 

  Sent: Monday, October 01, 2007 12:53 PM

  Subject: [Vision2020] Oppose Proposed Noise Ordinance Modifications

  Moscow’s City Council is currently considering modifying Moscow’s Noise Ordinance to allow police officers to issue citations without warning and without civilian complaint.  The justification is because there is an increase in noise complaints and police should be able to ticket people immediately to bring harmony to the community.

  Being a  college town, we should expect a bit of noise.  But if you are bothered, you can call the police and they will intervene.  The noisy people are given a warning and if not heeded, are ticketed.

  The proposal seems too extreme for our college town.  It skirts too close to our constitutional rights of free speech and right to assembly and is a distraction to police work.

  It seems unnecessary to grant the police this power and responsibility.  Do we really want them to be spending their time trying to find noisy citizens?  Isn’t it adequate that they intervene when neighbors complain?  If there has been a rise in complaints, shouldn’t that be enough work for the  police?  Why would they want to increase their workload actively finding violators?  Isn’t there a better way to address repeat offenders than passing such a sweeping law?

  History is full of examples of police states gone bad.  The recent incident of 5 police officers tackling and tasering a college student at a John Kerry speech highlights the fine line between respect for authority and distrust of giving specific people such power.

  There is a reason our progressive Constitution has guaranteed citizens certain rights and limits the power of the State.  Unfortunately, the powers-that-be have consistently been chipping away at those rights, giving more power to the state.

 The job  of the City Council is to protect and defend the constitution and the well being of citizens.  Admittedly, that is a fine line.

  As a cynic, I am skeptical of laws that effectively reduce the responsibilities of citizens.  Currently, it is up to neighbors to notify police when others in the neighborhood are disturbing the peace.  With the proposed modifications, people will begin to believe the responsibility lies with law enforcement.  This is not a way to build community.  It is a slow progression of giving away our power to police our community and giving it to those who, frankly, have more important things to deal with.

  The proposed amendment also takes away the warning noisy people  now receive before being issued a citation. This, too, seems extreme.  Many people don’t know they are disturbing the peace and thus deserve a warning before being fined for something they didn’t know was a problem.

  I play in a band and we practice at my house.  None of my neighbors have complained.  My next door neighbor has said we should open the window when we play.  I try to be considerate so wouldn’t do that, but at the same time, I don’t want to feel intimidated by the police when I am not disturbing the neighborhood if for some reason we play louder than the police desire.  Psychologically, this repression of freedom of expression inherent in this proposed modification damages the principle of life, liberty and the pursuit of happiness guaranteed by the  Declaration of Independence.  This proposal is un-American.

  My cousin is a police officer in Boise.  He thought the proposal was extreme and potentially ripe for abuse.  He worked in Long Beach, CA when a similar law was passed and said it was overturned when police began abusing it.

  I have no reason to believe our current police force will abuse the changes made, but laws aren’t about any particular person.  There may come a day when this added police power has corrupted those responsible for overseeing it.

  I don’t find it hard to image a similar scenario to this:  

  Joe Moscow has unpopular political beliefs.  The powers-that-be are looking for ways to harass him.  Joe is out mowing his lawn, violating the noise ordinance. Unlucky Joe, not disturbing his neighbors, now faces a fine or jail time simply because he was targeted.

  How are the police going to enforce such an open-ended law?  Are they going to enforce it evenly, or are they going to be selective and discriminating?  Are they going to target certain neighborhoods or people, or are we all going to be subject to police intrusion for making a little bit of noise?

  I hope our elected officials see that this proposal is about more than some noisy college students.  It is about the principle that makes up our nation and community.  Do we want laws that uphold the Constitution and individual rights, or are we, law by law, slipping into the realm of the police state?  

  As educated people, I hope we have learned from history and won’t let fear of the noisy neighbor affect our good sense.  Please contact our City Council members or attend the City Council meeting and ask them to vote against this proposal.  

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