How do I fight this noise complaint ticket?

June 13, 2004 11:18 PM

What's the best way to fight a ticket for a noise complaint? [mi]

A few weeks ago, my band had a rummage sale at my apartment. To get more people to come, we asked some local bands to play in my basement with no money being collected at the door. After the first band played, ending at 8PM, the police showed up and told me someone had complained twice and that they were warning me that if they came back they would have to give me a ticket.

We called off the rest of the show (except for some ultra quiet accoustic stuff) and that was that.

Yesterday the police showed up at my apartment and spoke to my roommate, explaining that there's a neighborhood committee that deals with noise complaints and the person who complained to the police also complained to their supervisor and demanded that I be ticketed. So the police had come back to give me a ticket but I wasn't there.

They mentioned that they would come back around 10PM, so when I found out, I stayed around my apartment waiting for them, to at least discuss the matter. Now I'm worried that I will get a ticket in the near future for a one time thing (we'd never had a plugged in performance before) and with no warning.

If I get the ticket, what's the best way to fight it? Would it also be worth it to write angry letters about the situation to my alderman (who has been unresponsive to the concerns of residents under 30), the mayor, or the head of the committee? Would it be possible to find out who filled the complaint to write them a polite letter saying "Hi, I'm your neighbor, I plan on living here a while, if you have a problem with my actions please contact me first and I will try to solve the problem for you, and in turn I will offer the same respect towards you."?

posted by drezdn to Law & Government (14 answers total)

IANL of course, but I've always been confused about noise complaint tickets and any ticket based soley upon the complaints of others. Does the police have any proof that you were being too noisy? What is the definition of too noisy? Can't you claim your neighbour is lying? Does it not behove the state to "prove" that you are guilty of the infraction? This honestly makes no sense to me. I've been threatened with this sort of thing in the past, and I've always laughed it off. If I were you, I'd look up the prevailing statute and examine the wording. If it's flimsy and silly, go to court and make the fuzz prove their case. I'd like to see them bring your neighbour in as a witness.

But then again, maybe a bitchy neighbour's word is good enough for an automatic conviction in this day and age. Which would really be too bad.
posted by loquax at 11:42 PM on June 13, 2004

Suck it down. WTF were you thinking, forcing a couple dozen people in your apartment complex to listen to your music? I'll bet some of them had nightshifts, too; you probably fuxxored their sleep.
posted by five fresh fish at 11:51 PM on June 13, 2004

Response by poster: Apparently, if the police can hear the noise 50 ft away, it's too loud. Then again, there are plenty of mundane sounds that can be heard from 50 ft away.
posted by drezdn at 11:53 PM on June 13, 2004

Response by poster: Suck it down. WTF were you thinking, forcing a couple dozen people in your apartment complex to listen to your music? I'll bet some of them had nightshifts, too; you probably fuxxored their sleep.

I don't live in an apartment complex, I rent the first floor of a house. None of the people who lived in the building had a problem with the noise (not to mention that most work second shift/were out of town/ have drum kits in the basement).
posted by drezdn at 11:57 PM on June 13, 2004

So the police confirmed the neighbour's complaint then? In that case, beg for mercy as a first timer, assuming they do ticket you and it's for a substantial amount and that you are a first timer. If it's a hundred bucks or thereabouts, just pay it would be my advice, city bureacrats live for collecting fines.
posted by loquax at 12:10 AM on June 14, 2004

Noise ordinances tend to specify times that you need to cut the rawk by, generally 10 pm on weekdays and midnight on weekends. If you were within those times (and check your local city statutes to find out the specifics), tell them to go to hell.

If not, still tell them to go to hell and make them prove you were audible outside of 50-100 feet.
posted by cmonkey at 2:42 AM on June 14, 2004

Here's the relevant part of the Milwaukee city code:
Nuisances (pdf file)
It defines "night" as 9pm-7am, but sets limits during non-night times as well.
80-65 lays out the methods for measuring noise.
80-66-4 says that precise measuring methods may be dispensed with in some cases, and may instead be replaced with personal observations of a complaintant and an officer.
80-66-4-b-2 says that sound-producing devices such as musical instruments can be classified in this way.

So in other words, the city can prosecute based solely on personal observation.
Note: I Am Not A Lawyer
posted by CrunchyFrog at 5:37 AM on June 14, 2004

If the neighbor could hear it, it was probably too loud.
posted by mrbill at 8:36 AM on June 14, 2004

Hope that neither the ticketing cop nor the pesky neighbor show up at the hearing.
posted by mischief at 9:04 AM on June 14, 2004

have another benifit show to pay for the ticket!!

but really, if you or your roomate are a student at a university they might have a legal clinic that will help and knows how the fines are dished out, everytime ive been fined for things like that, its looked to be more in court costs if i fight it.

it would be a good idea to write a nice apologetic letter to the head of the neighborhood commitee offering some sortof peace, and ask them to forward it to the whiner.
posted by yeahyeahyeahwhoo at 12:43 PM on June 14, 2004

you reacted well to the original complaint - if this is the first time anything like this has happened i'd explain that (first time, you reacted properly) to the police. i don't follow the bit about them having to do what the complainant wants - they can normally do what they want, so be reasonable and friendly and try to persuade them.
then find out who complained and slash their tyres (well, maybe a tad extreme, but if what you say is true then why are they pressing for prosecution?)
posted by andrew cooke at 1:31 PM on June 14, 2004

No: definitely slash the tyres... or sprinkle caltrops on their driveway. If they're gonna treat you like an obnoxious kid, might as well have some fun acting like one.
posted by Eamon at 5:24 PM on June 14, 2004

Say, how much is the fine?
posted by five fresh fish at 6:19 PM on June 14, 2004

I got my horribly-loud next door neighbor arrested a few weeks ago. drezdn, the fact that you weren't an ass to the cop probably bought you lots of bonus points. :)
posted by waldo at 7:46 PM on June 14, 2004