Loud/Noisy Party

[joculardre]

What is the name of your state (only U.S. law)? North Dakota
My name is Andre and I'm a student at the University of North Dakota. This past weekend, I received a citation for a loud party, in the backyard of a house of which I am not a tenant of. These citations were given out to everyone there, and the incident occurred at about 4 p.m.. 49 citations were issued to students attending this party, however the students that fled into the house and hid got off without a citation. So, the people that cooperated with law enforcement were punished, but the home owners and anyone else barricaded in the house were not. Is there any reasonable defense to pleading not guilty (which I already have)? There were no noise complaints called in by civilians, it was an officer driving by that heard it.Take into consideration it was roughly 2 blocks from campus, it was mid-day, I do not live at the residence, and I was only at the party for about 30 minutes.

Here is the city ordinance-
9-0110. - Noisy party or gathering.
(1)
No person shall participate in any party or gathering consisting of two (2) or more people when said party or gathering gives rise to unreasonable noise likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area, in consideration of the time of day and the residential character of said area or building.
(2)
When a law enforcement officer determines that a gathering is creating such a noisy disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave the premises after being told by a police officer to do so.
(3)
Every owner of such premises, or tenant in charge of such premises, who has knowledge of the disturbance shall cooperate with such police officer and shall make reasonable efforts to stop the disturbance.
(4)
The following shall be prima facie evidence in any prosecution under this section of the owner's or tenant's violation of this section.
(A)
As to tenants, and owner if owner resides on the premises, if twice or more on the same day or if on successive days, any law enforcement agency is called upon to enforce the terms of this section either by citizen complaint or by personal investigation of a police officer.
(B)
As to the owner if the owner does not reside at the premises, if after the owner receives written notice of three (3) violations of this section by the owner's tenant at any premises owned by the owner in the City of Grand Forks within a six-month period, and after receipt of such written notice, the Grand Forks Police Department is called upon to enforce this section either by citizen complaint or by personal investigation of a police officer.
(C)
Noise of such volume so as to be clearly audible at a distance of fifty (50) feet from the structure, or building in which the party or gathering is occurring, or in the case of apartment buildings in the adjacent hallway or apartment, shall be prima facie evidence of unreasonable noise in violation of this section.
(5)
For the purposes of this section, "premises" shall mean:
(A)
The building actually leased or owned by the person occupying the leasehold or real estate;
(B)
The appurtenant lot and outbuildings of said leasehold or real estate; and
(C)
The common entryways and exit ways of said leasehold or real estate whether or not these ways are privately controlled or commonly available to other tenants.
(Ord. No. 3546, § 2, 9-18-95; Ord. No. 3589, § 1, 5-20-96; Ord. No. 3807, § I, 8-2-99; Ord. No. 4113, § I, 1-3-06)

 

[Zigner]

You should have run and/or hid.

 

[joculardre]

The backyard was completely fenced, with cops on every entrance. Anyway I can't change the past, and I just want some input on the likelihood of me self-representing for not guilty.

 

[Zigner]

The backyard was completely fenced, with cops on every entrance. Anyway I can't change the past, and I just want some input on the likelihood of me self-representing for not guilty.

Since you've already confessed (to us,) why do you think you'd be successful at a not-guilty plea?

 

[joculardre]

I was only at the party for a short duration, and I was not individually contributing to the volume of the party. The homeowners were never given citations. We weren't even given a warning, which seems strange to me being as that it was an officer who first heard the party. And how can anyone define loud?

 

[joculardre]

No person shall participate in any party or gathering consisting of two (2) or more people when said party or gathering gives rise to unreasonable noise likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area, in consideration of the time of day and the residential character of said area or building.

Also in consideration of time of day, it was 4pm. Just seems silly.

 

[Zigner]

And how can anyone define loud?

Apparently, like this:

Noise of such volume so as to be clearly audible at a distance of fifty (50) feet from the structure, or building in which the party or gathering is occurring, or in the case of apartment buildings in the adjacent hallway or apartment, shall be prima facie evidence of unreasonable noise in violation of this section.

 

[quincy]

... And how can anyone define loud?

Webster's New World Dictionary: Loud 1. Strongly audible 2. sounding with great intensity

North Dakota City Ordinance: (1) "... unreasonable noise likely to cause significant discomfort or annoyance to a reasonable person of normal sensitivities present in the area"

You could attempt to claim that the officer who ticketed you was not a reasonable person of normal sensitivities, I suppose.

 

[joculardre]

So basically you're saying I have no defense.

 

[quincy]

So basically you're saying I have no defense.

Probably not a good one.

 

[joculardre]

Might not be a good one, but it is a criminal case so they must prove beyond a reasonable doubt, correct? So do I have a chance or should I just plead guilty and pay the $400 fine along with a year of unsupervised probation. (Because guilty doesn't seem worth it to me)

 

[Zigner]

Might not be a good one, but it is a criminal case so they must prove beyond a reasonable doubt, correct? So do I have a chance or should I just plead guilty and pay the $400 fine along with a year of unsupervised probation. (Because guilty doesn't seem worth it to me)

It's up to you whether or not you want to plead guilty or try to work out some sort of deal.

 

[LdiJ]

Apparently, like this:

Noise of such volume so as to be clearly audible at a distance of fifty (50) feet from the structure, or building in which the party or gathering is occurring, or in the case of apartment buildings in the adjacent hallway or apartment, shall be prima facie evidence of unreasonable noise in violation of this section.

That is talking about noise from INSIDE a building being audible 50 ft FROM the building. This gathering was outdoors. I have to assume that the problem was not the noise level of the individuals, but the noise level of the music, (possibly with obnoxious bass). Otherwise it makes no sense, because any crowd of 40-50 people is going to be audible from 50 ft away, just with normal conversational levels.

OP, you have apparently plead not guilty. All you can do at this point is when you get in front of the judge, explain that you were just a guest, and had only been there a short time. Explain that you had no control over anything other than your own actions. You can also explain that the people who actually did have control over things hid in the house and did not get cited. You may still end up having to pay the fine anyway, but its a lesson learned. Stay away from loud parties.

 

[quincy]

Might not be a good one, but it is a criminal case so they must prove beyond a reasonable doubt, correct? So do I have a chance or should I just plead guilty and pay the $400 fine along with a year of unsupervised probation. (Because guilty doesn't seem worth it to me)

It was actually smart of you to plead "not guilty" because that bought you some time to consult with an attorney in your area.

When you are charged with a misdemeanor, consulting with an attorney is advised because being convicted of a misdemeanor can adversely affect your college life by eliminating financial aid and a misdemeanor can limit your job opportunities and a misdemeanor can restrict your travel to foreign countries and a misdemeanor can mean you will pay more for insurance and you might find it harder to get a loan ... all sorts of bad things, in other words, can come with a criminal record.

Although I see no legitimate defense for you, I suspect the court will order community service hours and probation as a way for you to escape a conviction on the charge. Your attorney will work with the prosecutor to see that you get the best possible outcome.