The Politics of Noise

Jeff Davis Parish.com

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"The Politics of Noise"

The Welsh Board of Aldermen recently amended their noise ordinance in an attempt to curb excessive noise. According to the recent report, violators could be fined up to $500.00. Welsh Alderman Charles Drake suggested an increasing fine. This suggestion was approved. The new ordinance will state, that for a first offense, a $250.00 fine will be imposed. On the second offense, a $500.00 fine will be issued. On the third and final offense a person will receive a $500.00 fine and jail time. The fines do not include court costs.

Louisiana Revised Statute RS 14:103.1 covers the, Emanation of excessive sound or noise; exceptions; and penalties. It can be viewed at http://www.legis.state.la.us/lss/lss.asp?doc=78254

The recent Welsh ordinance is not consistent with State law. Secondly, the local Board of Aldermen have the authority to enact additional ordinances to control the noise however it has be consistent with the provisions of the State Law. The fines & penalties enacted by the board are way off track and excessive. The threat of jail time is also excessive and not consistent with the provision.

Before we start writing tickets and throwing people in jail for excessive noise, the noise has to be measured. It has to exceed 85db (decibels) at 25 feet according to the provision. It requires a tape measure and a sound level meter capable of measuring decibels. If you have neither you cannot enforce this law. The idea that “if I can hear it then your in violation” is not true as the law requires a measurement. All too often that is how these noise ordinances are being enforced, leaving it up to the discretion of individuals with varying tastes in music.

According to RS 14:103.1 ( C ) the fine is $100.00 for first offense and not less than $200.00 nor more than $500.00 for second and subsequent offenses. Upon conviction the court may order the violator to surrender their driver’s license to the arresting agency, for a period not to exceed 30 days. Keep in mind that it can only occur under a determination by the court. The arresting officer cannot seize your license at the time. The key word here is “upon conviction”. Upon a second or subsequent “conviction”, the court may order the violator to surrender their driver’s license for not less than 30 days or not more than 90 days. Again, this is determined by the court, not an officer that is writing the ticket. Of course we all know how it works. Laws are written and the only people that can violate them are those discharged with the duty of enforcing them. We just pay the price, because we can’t afford a battle and we’ll never get the supreme court to hear our case.

Under RS 14:103.1( E) A governing authority of a parish or municipality may enact an ordinance consistent with the provisions of this Section and shall incorporate the standards and elements of the crime, and the penalty provided in the ordinance shall not exceed the penalty provided in this Section. The newly passed ordinance is not consistent with the State Law that authorizes the local governing authority to implement an ordinance in the first place. I'm no lawyer but I'd bet my last dollar that it's not legal.

This law is not a “catch-all” for bars, mufflers, shooting ranges, cemeteries or the guy who loves to cut grass at 6:00 am while your trying to sleep. The particular law being referenced in this article is the one that covers noise emitting from moving vehicles and 2 circumstances have to exist. The vehicle has to be on public property and the noise measures 85db at 25 feet. RS 14:103.2 covers noise in quiet zones such as near churches, Hospitals etc. and is 55db within 10 feet of the door while services are being performed or while occupied. In this statute you can be imprisoned up to 30 days. To enforce these ordinances following the letter of the law, they have to be measured.

The state law has been on the books since 1997. The first thing needed is to enforce the law that is already on the books using methods that are consistent with the law. It is unfortunate that people living next door to night clubs have to endure loud music and noise coming from the establishment. However, one has to ask how a nightclub ended up located in a residential neighborhood. Didn’t the board have to approve the license and zoning? Why didn’t the surrounding residents fight to prevent the opening?

Combating the problem of noise will never be a black and white issue. There are too many grey areas. We have noise from trains, propane guns in rice fields, sirens, large trucks, farm equipment, construction, airplanes, lawnmowers and chainsaws and sometimes, Lake Arthur excluded, noise from Mosquito Control trucks.

How many tickets have been issued and paid for noise violations that have referenced RS 14:103.1 and were done without the necessary measuring equipment needed. The determination of “how loud” the music was has to be measured in decibels, and this cannot be answered without the proper equipment. Make no mistake about it, I find a lot of the loud thumping music coming out of the vehicles to be annoying. I learned 2 things. If the music being played is to my taste then I don’t mind so much and I also learned that within seconds the noise is gone as quickly as it came and I am no longer annoyed. All it takes on my part is a little patience.

According to the article those in attendance wanted mandatory jail time for offenders. Really? Does that apply to the neighbor who’s cutting his tree down at 7:00am or the person that keeps honking his car horn? Why not? He will be a violator too! The public needs to be extra careful what laws and ordinances it wants to solve their problems. You better make sure you fight for the exclusions too; otherwise you might end up watching your “demand for action” come full circle.

Welsh is by no means all alone in this "politics of noise". Lake Arthur and Jennings has done it's fair share of making noise about noise themselves. We need to just enforce the law as it is by getting the equipment needed to enforce it. All of these police departments need to revisit how they enforce the noise ordinances. If you break the law to enforce the law, all your doing is setting a trend that will allow corruption to seep in.

Joe

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