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<DIV><FONT face=Arial>"Ford" explains:</FONT></DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV><FONT face=Arial>"if it is a disturbance to someone, no matter the time of
day, you are subject to being issued a citation."</FONT></DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV><FONT face=Arial>Since when do we live in a world where an individual being
disturbed is reason to inflict sweeping regulation on everyone else? If the
ordinance were worded in such a way as to create at least some kind of boundary,
walls shaking for instance, I might agree but simply being put out because one
might have to hear "music that they do not appreciate" is insane. Taken to the
extreme what if I don't like the noise your air conditioner makes? How about
the racket created by the breeze causing the leaves in the tree you planted
to rustle? Laws based on what any individual, no matter how unhinged, may or may
not like is extremely bad law.</FONT></DIV>
<DIV><FONT face=Arial></FONT> </DIV>
<DIV><FONT face=Arial>g</FONT></DIV>
<BLOCKQUOTE
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<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=privatejf32@hotmail.com href="mailto:privatejf32@hotmail.com">J
Ford</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Friday, November 23, 2007 11:38
AM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Moscow Noise
Ordinance rewrite</DIV>
<DIV><BR></DIV>I still think you are not getting it...if it is a disturbance
to someone, no matter the time of day, you are subject to being issued a
citation. If it is compounded by the "10pm curfew", you definitely are
subject to and most likely will get one.<BR><BR>Why are you fighting this so
hard? If you play an instrument that can be heard outside the purview of
your home, either get headphones or turn it down.<BR><BR>Simple.
<BR><BR>Not everyone likes listening to noise that is enough to shake the
walls of THEIR home, disturb their peace or just simply is not the kind of
music they appreciate, at such a volume as to be a disturbance to their
peace. Why should we be subject to your noise when we may not want to
be? And why is that so hard for you to accept?<BR><BR>J
:]<BR><BR><BR>> Date: Fri, 23 Nov 2007 00:18:58 -0800<BR>> From:
garrettmc@verizon.net<BR>> To: lpall@moscow.com; aaronament@moscow.com;
tlamar@moscow.com; jweber@moscow.com; blambert@ci.moscow.id.us;
kcraine@ci.moscow.id.us; nchaney@ci.moscow.id.us; dweaver@ci.moscow.id.us;
rfife@ci.moscow.id.us; dduke@ci.moscow.id.us; vision2020@moscow.com<BR>>
Subject: [Vision2020] Moscow Noise Ordinance rewrite<BR>> <BR>> Hello
Randy,<BR>> <BR>> I just reviewed Moscow's rewritten noise
ordinance<BR>> amendment. It doesn't seem like it was changed very<BR>>
significantly from the previous draft. It doesn't<BR>> seem like it
addresses the party house problem and<BR>> still maintains an undue burden
on citizens. None of<BR>> my suggestions were used that would have narrowed
the<BR>> scope of this law. I would like to get your opinion on<BR>> the
language, if you don't mind, so that we are clear<BR>> about this.<BR>>
<BR>> This is a quote from the NO, with the addition [in<BR>>
brackets]:<BR>> <BR>> Sec. 11-2 (the last line)<BR>> <BR>> "these
acts may constitute a violation even when the<BR>> noises created are
within the [decibel] limits<BR>> contained elsewhere herein" <BR>>
<BR>> What does this mean in legal terms? Does that mean<BR>> there is
no set maximum decibel level and that any<BR>> volume can be a
violation?<BR>> <BR>> If so, how is that not "unconstitutionally
overbroad<BR>> and vague?" <BR>> <BR>> >From the way I read it,
any sound can be citable,<BR>> since the language is pretty subjective.
This seems<BR>> like a violation of our First Amendment right. Am I<BR>>
overreacting in feeling that this is an infringement<BR>> and thus an
illegal law? If someone were cited under<BR>> this, would they have good
grounds to challenge?<BR>> <BR>> Since this is our current NO, if what I
am saying is<BR>> correct, then hasn't this law been pushing the
limit<BR>> on restricting our right to free speech since it was<BR>>
passed?<BR>> <BR>> <BR>> The previous version of the amendment
included<BR>> allowing "police officers" to make the complaint. <BR>>
This one removed that reference, but you said at one<BR>> of the meetings
that adding "police" in the previous<BR>> amendment was just to clarify
that police can be the<BR>> complainant, and that the way you interpreted
things<BR>> was that police can be the complainant in our current<BR>>
ordinance. The new amendment suggests that police can<BR>> still be a
complainant. Can police be a complainant<BR>> under this new amendment and
cite someone without a<BR>> civilian complaint? Is that what "persons" mean
in<BR>> reference to whose peace is disturbed in Sec 11-2?<BR>> <BR>>
<BR>> If so, my conclusion, therefore, is that we can still<BR>> say
that this law will allow a police officer to issue<BR>> a citation at any
time for any noise an officers deems<BR>> offensive, without anyone
complaining.<BR>> <BR>> Is my summary correct?<BR>> <BR>> <BR>>
Since the ID Supreme Court has said, "so long as the<BR>> means chosen are
not substantially broader than<BR>> necessary to achieve the government's
interest, a<BR>> regulation will not be invalid simply because a
court<BR>> concludes that the government's interest could be<BR>>
adequately served by some less speech-restrictive<BR>>
alternative."<BR>> <BR>> Based on my reasonable interpretation, it seems
if<BR>> this law passes then the city has chosen a<BR>> "substantially
broader than necessary" means to solve<BR>> the party house problem.
<BR>> <BR>> If someone were cited under the new law in a
situation<BR>> outside of the party house scenario, would that be a<BR>>
good grounds to challenge as well?<BR>> <BR>> If the city loses a court
fight, does the city have to<BR>> pay money?<BR>> <BR>> Where does
the money come from?<BR>> <BR>> Are city officials who knowingly risked
passing this<BR>> law liable for any monetary damages from a lawsuit
the<BR>> city may fight but end up losing?<BR>> <BR>> I realize I
have asked you a lot of questions, but I<BR>> believe the citizens of
Moscow deserve to know what<BR>> this law says and the repercussions that
may occur if<BR>> it is passed.<BR>> <BR>> I have cc'd our City
Council an Mayor and Vision 2020<BR>> so that we can clear things up. I do
not want to be<BR>> misleading people based on my interpretation, so
if<BR>> you would please answer my questions, we would be most<BR>>
grateful, and hopefully this will be resolved<BR>> reasonably. Otherwise, I
will ask these same<BR>> questions at the Admin meeting.<BR>> <BR>>
Thanks for your time and for giving your feedback!<BR>> <BR>> Garrett
Clevenger<BR>> <BR>> For my Written Record for Moscow's Noise
Ordinance<BR>> Modification:<BR>> <BR>>
http://garrettclevenger.com/NOMlanguage.pdf<BR>> <BR>>
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