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The situation I refer to is all night (and day) parties with music so loud the neighbors teeth rattle. Assume that there is no criminal other reason (fighting, minors drinking) for the Sheriff to take any action. 1. Can the County pass an anti-noise ordinance to regulate this behavior? I don't think so, but has anyone found a way to do so? 2. Is there anything on the books that addresses this now? Loud noise in a public place can be disorderly conduct. I have considered accepting a charge saying that the noise migrated off the private premises and onto the County road (a public place), but that sounds weak. | ||
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Member |
Russell, disorderly conduct is about all you have, assuming that you can call a residence a "public place." Perhaps a party makes it a public place. We have had a situation where the loud noisemaker was a liquor-licensed establishment, so we enlisted the aid of TABC. Good luck trying to explain this to the folks who just want to enjoy the "peace and quiet" of their home. | |||
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Member |
42.01(a)(5) says person commits an offense if he makes an unreasonable noise in a public place . . . OR near a private residence he has no right to occupy. An act is deemed to occur in a public place or near a private residence if it produces its effects in the public place or near a private residence;and A noise is presumed unreasonable if it exceeds 85 decibels after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance. Seems like the statute has all the tools you need. Assuming your cops have a decibel meter | |||
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