Earlier today I learned the City's noise ordinance took a dive when a judge dismissed charges against an Arsenal Street stereo shop and ruled the law to be too "vague" to be Constitutionally enforceable......
I have to read the decision for the details, but its not a big surprise to me. I had voted against the law last year, in part over concerns about its enforceability.
(I learned about the decision about noon today and waited till now to write something after media had picked up a copy of the decision)
14 comments:
Was it one of those city judges that dismisses every charge as a matter of habit?
Prolly Judge Harberson. I kinda like the guy but there's no doubt he doesn't live anywhere near the noise in question. He'd probably feel differently about things if he did.
Or he is saying....
Come back with a law that's clear on what was done and that I can use without worrying about another law suit against the city when I make a decision.
Sounds smart to me.
Make it a SEISMIC ordinance, just get those damn bass tubes turned down
I would like to think the council already sought and adhered to advice from a doctor of jurisprudence or equivalent. And since Watertown has a history of being soft on crime, I will give the benefit of doubt to the council's counsel.
I wonder if this judge throws out every charge of harassment or disorderly conduct? Now there is some vauge law.
You have to show where the noise causes a physical problem before you can charge anyone with anything. As far as that, going off your rocker would even be something a Judge could use. Just saying you don't like niose isn't for the law to decide. I don't like it when a waiter assumes I like cream for my coffee and brings out a bunch of them. But it isn't a thing for the court. it's just life as we live it today. It's my understanding that trains went through downtown at one point in history. Must have been a hell of a noise from that. People still seem to be alive and well in Watertown.
The noise does cause harm in diminished property values and quality of life.
The noise from the train was an unintended by-product of the power unit of the train, but moving the train served a useful purpose.
While it may be music to the ears of some, the sound coming from the stereo is noise just for the sake of making noise. Nothing productive is being accomplished.
Idi likes loud music. I had no idea. Now I know I can get him a ghetto blaster for Christmas. I be shoppin'.
BUT....Unless you can prove the harm to you....You have no case in court.
If you keep saying that then it might come true. Until then I will choose to believe noise laws are like virtually every other law...which requires the judgment of a reasonable person.
I don't care what they do about the noise down there. I don't have to listen to it. It doesn't effect me. Who gives a darn if a bunch of jerks have to thump their stereos to feel like men. A boomba this and that. There, I feel like a man now too.
If there's no problem with noise, according to the judge, the neighbors should make some noise of their own, in the neighborhood of the owners of the stereo shop. Just park a van over there with loudspeakers and test it every morning at 5am. Hell, you could just turn it on by remote. Have Bobby at Big Apple hook it up.
Tell me how in anyway it harmed you to have the shop blast a radio once in awhile. I understand your property issues. But for the five epople who hate the music....you have 5 others who love it. Sell to the other 5. Let's face it. With the housing shortage a three bedroom with a outhouse would sell. So this property value stuff just doesn't hunt. All it it is a personal grudge that you have for the shop. I don't like that stuff. I don't want anyone having fun. O there they go again Alice. You live in a city. Noise will happen.
If I had the shop next door and it was playing country music all day on a outdoor speaker....well yes that would hurt. Once in awhile blasting the amp to see that it works....No big deal.
Now you're an expert on property values...who would have imagined!
There are good neighbors who respect those who live around them by keeping up with the maintenance of their homes and keeping their activities at a level where they don't cause stress to those who live around them.
By the same token there are bad neighbors who just don't seem to care what their house or yard looks like or if their activities are loud and obnoxious to the point of making the neighors lives miserable and taking from them the enjoyment of their residence.
Which one are you Idi?
...I thought so!
I'm in a nursing home living off your tax dollars. Still I know when someone has a grudge. I remember the darn Brits in Uganda. All they wanted was to blow up my car and take over the country. That's why I had the balls to throw them out. It seems you don't have them. Even though I believe what they do is not wrong. You have the right to call them and ask for them to turn it down.
As far as being a good neighbor. The little gray haired bitys love me in the home. Same with the staff. I'm a hit here. Life is good.
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