Noise Disturbances and the Code
By Albert B. Kelly
Recently, a resident took time out of their day to ask that
we (i.e. mayor and city council) as elected officials remind the community that
there are local codes on the books that address the issue of disturbing the
peace- specifically with music. Apparently this long-suffering resident, who
whole-heartedly supports people’s right to celebrate, has had to endure loud
music well-beyond what is reasonable for a relatively quiet residential
neighborhood.
This issue can get personal fairly quickly since one
person’s idea of music is another person’s idea of noise. For some, music is a
proxy for race or ethnicity and it turns ugly. But the issue here isn’t one of taste;
it’s one of volume whether we’re talking about Cardi B and Offset singing
“Lick”, Elvis crooning about his blue suede shoes, or an orchestra playing Beethoven’s
Symphony No.9. Above a certain volume, it’s all disturbing the peace.
That should be obvious, but there are people who don’t know
that a noise ordinance exists. Then there are those who suspect that such codes
exist, but they have no idea what it says. Finally, there are those who simply
don’t care what the code says. It’s this latter group that plays their music at
high volume through monster speakers at all hours or proudly show off subwoofers
that send their cars into grand mal seizures with every bass note.
It’s worth noting that most people are tolerant of the
occasional cookout, party, or graduation bash where the music gets a little too
loud the emptier the keg gets. The problem arises when such disturbing of the
peace is blatant, in your face, or happens with regularity. That’s where
enforcement comes into play and why it helps to remind people what the
ordinance says about music and disturbing the peace.
Section 226-2 says, “At no time shall any person play, use,
operate or permit to be played, used or operated any radio, television,
phonograph, jukebox, musical instrument or other device for the production or
reproduction of sound with louder volume than is necessary and convenient for
the hearing of the person so playing, using or operating such instrument or
device and such persons who are voluntary listeners thereto or in such a manner
as to disturb the peace, quiet and comfort of neighboring inhabitants. The use
or operation of any such radio, television, phonograph, jukebox, musical
instrument or other device that is plainly audible more than 30 feet from the
source of origin shall be prima facie evidence of a violation of this chapter.”
I note the phrase “voluntary listeners”. This matters
because if you’re three doors down from whatever is playing, the hearing of it
isn’t exactly voluntary. The other thing to note is the idea of “plainly
audible”. In the event someone is inclined to split hairs, “plainly audible”
means “any sound that can be detected by any person using unaided hearing
faculties at a distance of 30 feet from the sound source.”
The code in Section 226-8 addresses disturbing the peace
with noise and says that “no person shall create any plainly audible noise that
disturbs the peace, quiet and comfort of the neighboring inhabitants or persons
in any public space or public right-of-way. Furthermore, noise of such
character, intensity or duration detrimental to the life or health of any
individual is prohibited.”
I wondered about the “detrimental to life and health” phrase
until I remembered our military invading Panama in 1989 to bring dictator
Manuel Noriega back to the states to face charges for drug trafficking; they
cranked up the volume full blast on the Guns N’ Roses tune “Welcome to the
Jungle” among others, in an effort to flush Noriega out of the Vatican Embassy
where had holed up for several days. It worked. Go figure
This is not the entirety of the code dealing with noise and
disturbing the peace, to view the entire code, including fines, visit the
City’s website and scroll down to “City Codes”. As I suggested earlier, unless
it’s a proxy for race or ethnicity, most people are reasonable and
understanding when it comes to the occasional party or celebration which is why
I will continue to exhort residents to be mindful of the neighbors surrounding
them when it comes to this issue of music and disturbing the peace. In the
absence of such common courtesy, the alternative involves police, enforcement, fines,
municipal court and too much ill-will which dampens any party.