"We have the right to live as we choose" encompasses the creation of "noise." The problem is that "noise" to one is "music" to another. And 120dB "noise" doesn't have nearly the effect on somebody who is hard-of-hearing as it does on a 6 month-old baby whose parents are trying to get to sleep.
Law enforcement is a tough job - especially when it comes to domestic disputes involving parties with disparate views and needs. It involves judgment, patience, an understanding of the law, and an ability to convey the meaning and effect of that law to the citizenry in a way that assists in the resolution of the dispute.
I guess that's why they pay the members of our LE community the big bucks....
i mentioned the lack of noise ordinances in long county in response to a complaint here about the boom boom booming going on, everyone thought i was nuts. who's nuts now.
I don't know that I'd identify it as subversion, but they certainly are exercising their right to enforce with application of the spirit of the law rather than the letter. You, unfortunately don't appear to be in good "spirit" in their minds.
a link to purchase a copy for $100.00?????
post a link to a real legal site that ends in .gov and we will believe. after all. all state laws are posted online.
The disrespectful idiots can be written up using the GC for disorderly house and a warrant can be issued for them to appear before a Magistrate. If found guilty they go before the State Judge. It can be an expensive long process for them and usually teaches them a lesson. If not the first time through the system, the second times the charm. It is possible to put the skids on the situation if law enforcement will do their job, unfortunately that is rarely the case around these parts. The only agency I've seen cracking down on law breakers is Effingham County.
State of Georgia Law Library
There are no "state" laws I can find on noise, these laws are usually set down by the city or the county.
GA Supreme Court Dismisses Private Nuisance Claim on Noise Level from Bar
Plaintiff’s home and defendant’s bar are an adjoined building located in a commercial zoning district. Plaintiff sought injunctive relief alleging the music coming from defendant’s bar was a private nuisance. The trial court issued an order which prohibited amplified sound in excess of 105 decibels on a c-weighted scale. Plaintiff disagreed with the trial court because a local ordinance prohibits the noise at the level the trial court specified. However, because neither party was able to produce copies of the ordinance that restricted noise, the Georgia Supreme Court refused to consider its language.
Plaintiff also asserted that the trial court erred when it failed to apply the state nuisance law to plaintiff’s case. But plaintiff failed to submit transcripts of the evidence and proceedings from the trial court and the Supreme Court could not make a determination about the terms of the injunction. As such, the judgment was affirmed.
Thorsen v. Saber, 288 Ga. 18, 701 S.E.2d 133 (2010)
The opinion can be accessed at: http://www.gasupreme.us/sc-op/pdf/s10...
I see you will never change murrelet. You may call me what you want to but you have the problems not me.
O.C.G.A. § 41-1-1 defines a nuisance as "anything that causes hurt, inconvenience, or damage to another and the fact that the act done may be otherwise lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one of fastidious taste, but it shall be as would affect an ordinary, reasonable man." Lawful acts become nuisances when they are conducted in a manner causing hurt, inconvenience, or damage to another.2
Georgia courts have considered several factors in determining whether a nuisance exists. Specifically,
(1) The defect or degree of misfeasance must be to such a degree as would exceed the concept of mere negligence. (A single isolated act of negligence is not sufficient to show such a negligent trespass as would constitute a nuisance.)
(2) The act must be of some duration . . . and the maintenance of the act or defect must be continuous or regularly repetitious.
(3) Failure of [defendant] to act within a reasonable time after knowledge of the defect or dangerous condition.
It's called building evidence to prosecute. If a bunch of drunken fools get out of hand once in awhile, most people look over it. If a bunch of drunken fools don't know when to STOP being drunken fools (alcoholics, addicts, or burnt out from repeated use), you build a case to prosecute by whatever means and have reports made of their nuisance behavior.
You are correct bishopjoe35 but some people want to complain about it on these blogs and do nothing else about it.
Their might not be a "noise ordinance" in long county but we just received a ticket for noise from our back yard. We live off a dirt rd off rye patch.
Even though theirs no ordinance, they can obviously make up rules as they go.