Noise Ordinance Violation

[JosePeppers73]

City is Columbia, MO.

My roommate and I received a noise violation when we were watching a movie on my laptop in my room of our apartment. Our neighbors called the cops, who came and wrote us the ticket, but said they could not hear us from the door of our apartment. They apparently had to write the ticket because our downstairs neighbor had requested it as we had disturbed his peace. Here is the web address of the ordinance we are charged with disobeying:

Section 16-256 Loud noises prohibited.

My question is, after pleading not guilty, what is our best plan of attack for the trial? We have already subpoenaed the two officers for trial and are considering getting the other neighbors around us to sign something saying we have never been a disturbance and are friendly neighbors. Should we try to contact the previous tenants to see if they had problems with the downstairs neighbors too? Mainly what should we do to win this?

Jose

 

[JosePeppers73]

See above

Anyone have any feedback?

 

[Proseguru]

If the officers testify that they could not hear anything & no other witnesses are presented then you should win your case.

Your previous tenant's experience will not matter. Don't bother.

They have to prove you violated the ordinance, you do not have to prove that you did not.

Right now, you have no idea what the officers would testify to , you just think you know.

So prepare for your trial. Understand what elements they must prove.

And here is the ordinance:

Section 16-256 Loud noises prohibited.


(a) It shall be unlawful for any person to make, continue, or cause to be made or continued, any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the city. This subsection shall not apply to sounds from any radio, phonograph, tape player, compact disc player, musical instrument or any similar device for producing or amplifying sound. This subsection shall not apply to shouting, singing, whistling or verbal utterances.

(b) The acts described in this division, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but such enumeration shall not be deemed to be exclusive.

(Code 1964, § 7.265; Ord. No. 20630, § 1, 5-17-10)


It does not look like the ordinance even applies to your computer. And since the ordinance states "annoys", "disturbs" etc..it would require the other tenants to testify that they were annoyed or disturbed. These are "states of mind" that others cannot testify to. The city has the option of getting the needed witnesses to your hearing; if they don't then they have no case.

 

[Zigner]

And since the ordinance states "annoys", "disturbs" etc..it would require the other tenants to testify that they were annoyed or disturbed.

The neighbors called the cops.

 

[JosePeppers73]

I should add the neighbors also included that they heard loud stomping coming from upstairs. I believe that's where this violation comes into play. We had the option to pay 55 dollars in fines, per person, but we decided not to because we believe we're innocent. Bad decision?

 

[Proseguru]

I should add the neighbors also included that they heard loud stomping coming from upstairs. I believe that's where this violation comes into play. We had the option to pay 55 dollars in fines, per person, but we decided not to because we believe we're innocent. Bad decision?

Well, they have to prove it was you who was stomping loudly .. did you hear stomping?

Good or bad decision .. its not a murder trial.

 

[davew128]

The neighbors called the cops.

Come on Zigner. You've been on these boards long enough to know that hostile neighbors will call the cops for a nasty look.