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Now you knew this was coming:<br><br>NOW the truth comes out! *You* are part of the problem. Good going. And again, thanks for helping to make my point! <img src="http://gfx2.hotmail.com/mail/w2/ltr/../emoticons/smile_tongue.gif"><br><br>J :]<br><br><br>> Date: Fri, 9 Nov 2007 18:29:29 -0800<br>> From: garrettmc@verizon.net<br>> To: donovanjarnold2005@yahoo.com; vision2020@moscow.com<br>> Subject: Re: [Vision2020] New NO info...<br>> <br>> To clarify this a bit, police Chief Randy Weaver wrote<br>> it with city attorney Randy Fife, from what I have<br>> been told by the city.<br>> <br>> The last email I sent had a good template for what our<br>> NO should look like. I made a big sacrifice by<br>> specifying what "noise" is. In that case, "loud<br>> amplification devices." Included in that list is my<br>> acoustic guitar, which would be citable by a police<br>> officer and no complaint if between the hours of 10 pm<br>> and 7 am.<br>> <br>> What other sacrifices do people want to make on this,<br>> that insures our First Amendment is not eroded?<br>> <br>> <br>> gclev<br>> <br>> <br>> --- Donovan Arnold <donovanjarnold2005@yahoo.com><br>> wrote:<br>> <br>> > "This stated intent of the noise ordinance<br>> > amendment,<br>> > according the the police who wrote it, is to target<br>> > repeat offenders,"--GC<br>> > <br>> > As grateful as I am for Moscow's wonderful police<br>> > force, I am extremely uncomfortable with police<br>> > writing legislation that involves them. I think all<br>> > legislation should be forwarded by private citizens<br>> > and their elected representatives. That is not to<br>> > say that we should not seek the wisdom and advice of<br>> > the police for what works and what doesn't and what<br>> > we can do to make their objectives safer. <br>> > <br>> > When the executors of the law become the writers<br>> > of the law, we have conflict of interest, we have a<br>> > separation of powers concern. <br>> > <br>> > Again, I think you Garrett for your interest and<br>> > hard work on this NO and looking out for the rights<br>> > of Moscow residents. <br>> > <br>> > Best,<br>> > <br>> > Donovan<br>> > <br>> > <br>> > <br>> > Garrett Clevenger <garrettmc@verizon.net> wrote:<br>> > Donovan,<br>> > <br>> > This stated intent of the noise ordinance amendment,<br>> > according the the police who wrote it, is to target<br>> > repeat offenders, what they call "party houses"<br>> > which<br>> > comprise 17% of all noise complaints.<br>> > <br>> > That being the case, I am proposing language that<br>> > specfies what those offenses are: loud music during<br>> > the night. (yelling and the like are covered by our<br>> > current NO)<br>> > <br>> > Living around other people, I don't think it is<br>> > realistic to expect no "noise" at all times. But if<br>> > you are bothered, you still have the right to<br>> > complain<br>> > and those people face being cited.<br>> > <br>> > I am a light sleeper and have discovered "white<br>> > noise"<br>> > is an incredible sleep aid. I use a fan and it<br>> > blocks<br>> > out much random noise that otherwise would wake me.<br>> > <br>> > If the noise ordinance I provided a link to works<br>> > for<br>> > Boise, our state capital, it seems like it is a good<br>> > model to use. The text I provided can either<br>> > suplement our current NO, or be a framework to build<br>> > around.<br>> > <br>> > Many of the other noise issues you brought up are<br>> > covered by our current NO, so I did not address<br>> > them. <br>> > Barking dogs is covered in another section.<br>> > <br>> > For those who want to see our current NO, it is<br>> > here:<br>> > <br>> ><br>> http://www.ci.moscow.id.us/citycode/TITLE10/chapter11.pdf<br>> > <br>> > --- Donovan Arnold <br>> > wrote:<br>> > <br>> > > Garrett,<br>> > > <br>> > > One of the reasons I dislike the time frame is<br>> > > that it seems to be saying it is OK to disrupt the<br>> > > sleep of those that work graveyard, but not OK to<br>> > > disrupt the 9-5 ers. Having worked graveyard<br>> > before,<br>> > > I don't like this wording. <br>> > > <br>> > > This ordinance also doesn't address lawnmowers,<br>> > > barking dogs, crying babies, noisy children, loud<br>> > > singing, and automobiles, all of which can be very<br>> > > disturbing. <br>> > > <br>> > > Boise does also have a provision regarding the<br>> > > behavior of barking dogs. <br>> > > <br>> > > Best,<br>> > > <br>> > > Donovan<br>> > > <br>> > > Garrett Clevenger wrote:<br>> > > No new NOers,<br>> > > <br>> > > I received an informative email from Linda Pall<br>> > and<br>> > > we<br>> > > may be on our way to finding reasonable language.<br>> > > She<br>> > > spoke with Judge Hamlett, who pointed her towards<br>> > > Boise's Noise Ordinace:<br>> > > <br>> > ><br>> ><br>> http://www.cityofboise.org/Departments/City_Clerk/PDF/CityCode/Title6/0620.pdf<br>> > > <br>> > > Basically, it make's this illegal:<br>> > > <br>> > > LOUD AMPLIFICATION DEVICE: <br>> > > Any equipment designed or used for sound<br>> > production,<br>> > > reproduction, or amplification, including, but not<br>> > > limited to any radio, television, phonograph,<br>> > > musical<br>> > > instrument, stereo, tape player, compact disc<br>> > > player,<br>> > > loud speaker, public address (P.A.) system, sound <br>> > > amplifier, or comparable sound broadcasting<br>> > device. <br>> > > <br>> > > <br>> > > if this occurs:<br>> > > <br>> > > A. is plainly audible within any place of<br>> > residence<br>> > > not the source of the sound, or, <br>> > > <br>> > > B. is plainly audible upon a public right-of-way<br>> > or<br>> > > street at a distance of one hundred (100) feet or<br>> > > more<br>> > > from the source of such sound. <br>> > > <br>> > > <br>> > > I could live with similar language of this<br>> > > ordinance.<br>> > > For our NO, I'd like to add:<br>> > > <br>> > > 1 month warning period<br>> > > Police can issue ticket without complaint between<br>> > > hours of 10pm and 7am <br>> > > Neighbors have to complain outside of the above<br>> > time<br>> > > frame<br>> > > <br>> > > I've added >>> BOLDED TEXT <<< to the Boise code<br>> > to<br>> > > clear this up:<br>> > > <br>> > > <br>> > > Section 6-20-04 ENFORCEMENT <br>> > > <br>> > > A. Peace officer citation. >>> DURING HOURS<br>> > BETWEEN<br>> > > 10 P.M. AND 7 A.M. <<< Any >>>MOSCOW<<< City peace<br>> > > officer or person empowered to enforce this<br>> > > provision<br>> > > of the >>>MOSCOW<<< City Code is authorized to<br>> > issue<br>> > > a<br>> > > uniform citation upon his own observation of a<br>> > > violation without the necessity of a citizen<br>> > > complainant's signature on said citation >>AFTER<br>> > > FIRST<br>> > > ISSUING 1 WARNING TO OFFENDER AND OFFENDER REPEATS<br>> > > VIOLATION WITHIN 1 MONTH PERIOD <<<. By signing<br>> > the<br>> > > citation officer or person is certifying that he<br>> > has<br>> > > reasonable grounds to believe that the person<br>> > cited <br>> > > committed the offense contrary to law. <br>> > > <br>> > > B. Citizen citation. A uniform citation may also<br>> > be<br>> > > signed <br>> > > by any citizen or person in whose presence an<br>> > > alleged <br>> > > violation of this Ordinance occurred and be<br>> > > witnessed<br>> > > by a <br>> > > >>>MOSCOW<<< City peace officer or person<br>> > empowered<br>> > > to<br>> > > enforce <br>> > > this provision of the >>>MOSCOW<<< City Code whose<br>> > > name shall be <br>> > > endorsed on the citation >>AFTER FIRST ISSUING 1<br>> > > WARNING TO OFFENDER AND OFFENDER REPEATS VIOLATION<br>> > > WITHIN 1 MONTH PERIOD <<<<br>> > > <br>> > > <br>> > > That seems reasonable to me. What do you think?<br>> > > <br>> > ><br>> ><br>> =======================================================<br>> > > List services made available by First Step<br>> > Internet,<br>> > <br>> === message truncated ===<br>> <br>> =======================================================<br>> List services made available by First Step Internet, <br>> serving the communities of the Palouse since 1994. <br>> http://www.fsr.net <br>> mailto:Vision2020@moscow.com<br>> =======================================================<br><br /><hr />Windows Live Hotmail and Microsoft Office Outlook – together at last. <a href='http://office.microsoft.com/en-us/outlook/HA102225181033.aspx?pid=CL100626971033' target='_new'>Get it now!</a></body>
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