[Vision2020] Oppose Noise Ordinance Modifications

[Bev Bafus]

Garrett, I was at the meeting the other night.  The proper term is
"suspension of the rules requiring three readings of the ordinance."

So as it stands now, there are two more readings before it becomes an
ordinance.  They didn't ask for public input, because it was not a public
hearing.

There were three changes to the noise ordinance suggested, and the first is
the one you are opposing.  The reasoning behind this was to give the police
officers the ability to cite someone without a citizen complaint.  As the
law reads now, a citizen would have to SIGN a complaint, not just call 911
for a citation to be issued.  This causes problems in areas where people are
already less than neighborly.  They find out who COMPLAINED, and harassment
can ensue.

If you listened to Assistant Chief David Duke, he stated that the officers
would still be responding to complaints, but that the complaint could be
anonymous.  The officers still would have the discretion to only warn an
individual.  Believe me, they know where the problems in town are.

With our current police administration and staff, I do not feel that this
law would be abused.  However, I agree with Aaron Ament that in five years,
ten years - or more, we could have a different slate of individuals who
might abuse it.

Am I right in assuming that you do not have a problem with the change of the
48-hour rule?  As the law reads now, if a warning is issued, a citation
cannot be issued unless an additional complaint is received within 48 hours.
This completely ties the hands of the police when the complaint is every
Friday night.  By the time another Friday rolls around, its been more than
48 hours.

Do you have any suggestions on how individuals can protect the peace and
quiet of their homes without this ordinance?  I don't have a problem myself
with stating my name if I have a viable complaint.  But if I lived next to a
party house, I would certainly want the police to do something about curbing
constant noise and extremely impolite behavior.

And please, don't tell me it's a college town, and we just have to live with
it.  College students are capable of learning how to live in society.

thanks
Bev
  -----Original Message-----
  From: vision2020-bounces at moscow.com
[mailto:vision2020-bounces at moscow.com]On Behalf Of Garrett Clevenger
  Sent: Wednesday, October 03, 2007 4:08 PM
  To: vision2020 at moscow.com
  Subject: [Vision2020] Oppose Noise Ordinance Modifications


  Hello,
  I am asking you to take a moment and contact Moscow’s City Council.
Emails are below...
  On October 1, Moscow's City Council unanimously voted yes to modify Moscow
’s Noise Ordinance to allow police officers to issue citations without
warning and without civilian complaint.  There isn't even a set decibel
limit.  It is up to the discretion of the police.

  In other words, if you are making any noise the police deem inappropriate,
they can now fine you on the spot on public and private property.

  They also did not ask the public for input at the meeting.

  The only reason it is not now law is because Linda Pall blocked Bill
Lambert from suspending the rules of 3 votes.

  According to our city attorney Randy Fife, our district judge Bill Hamlett
has ruled that Idaho law states police officers cannot represent themselves
as citizens since their job is to represent all citizens.  It is illegal for
them to have the power this proposal gives them.  Therefore, this new
proposal seems like it would be struck down if challenged.

  We certainly don't have the power to have our voices heard at the federal
level, where civil liberties are on the attack.  Take a moment to have your
voice heard by your local representatives.  They are just doing there job
trying to solve a problem and need guidance to insure they are not mimicking
the erosions on the national level.


  Aaron Ament  aaronament at moscow.com
  Bill Lambert  blambert at ci.moscow.id.us
  Linda Pall  lpall at moscow.com;
  John Weber  jweber at moscow.com
  Tom Lamar  tlamar at moscow.com


  Unfortunately, the city website has not yet posted the new council woman
Kit Crane's email.  Perhaps her phone number is in the phonebook?

  Thank you!


  Garrett Clevenger



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