Fascist Noise Ordinance Upheld

[Gonzo]

Now I'm really not trying to get into another exhausting debate on what makes a social conservative, but the back-woods politic of the Town of Boone is at it again, this time dismissing complaints of local business that are challenging the unreasonable noise ordinance set in place last year.

http://www2.wataugademocrat.com/attachm ... ismiss.pdf

I call no confidence in the Plaintiff's counsel. First amendment and due process is all they could come up with?

[JCline0429]

Now I'm really not trying to get into another exhausting debate on what makes a social conservative, but the back-woods politic of the Town of Boone is at it again, this time dismissing complaints of local business that are challenging the unreasonable noise ordinance set in place last year.

http://www2.wataugademocrat.com/attachm ... ismiss.pdf

I call no confidence in the Plaintiff's counsel. First amendment and due process is all they could come up with?

One thing to point out is that some people have sleeping babies/toddlers and others work shift work and need their sleep unimpaired by those groups making distracting noise.

[Gonzo]

Now I'm really not trying to get into another exhausting debate on what makes a social conservative, but the back-woods politic of the Town of Boone is at it again, this time dismissing complaints of local business that are challenging the unreasonable noise ordinance set in place last year.

http://www2.wataugademocrat.com/attachm ... ismiss.pdf

I call no confidence in the Plaintiff's counsel. First amendment and due process is all they could come up with?

One thing to point out is that some people have sleeping babies/toddlers and others work shift work and need their sleep unimpaired by those groups making distracting noise.

Well it would be ill-advised for families with toddlers to move in to a property right next to a night club or college bar in the first place. Not to mention it takes a hell of a lot more than 70 decibles (10 Dbs quieter than the average telephone's dial tone and the same volume as a normal conversation) to go through the wall of someone's home. It's the noise level itself that's the most unreasonable. It basically gives BoPo the authority to bust up anything they feel like, turning them almost literally into the "Fun Police," much to their delight I'm sure.

Either way, this ordinance is yet another unreasonable assault by the local-yokel population on the student experience of Appalachian State University. This is their countermeasure to the passing of liquor-by-the-drink.

[JCline0429]

People don't always have a choice where they want to live, especially with all of the living quarters taken up by students.

[Gonzo]

A 70 db noise ordinance in a college town is asinine and I've never heard anything remotely compelling otherwise. It's discriminatory, unconstitutional and represents the same age old struggle of local rubes to harm an institution to which the town owes its prosperity.

And this is coming from someone that makes a living in the tourism industry of the area, the only other major bread winner of the town, so to think me as insensitive to other cultures in the high country would be incorrect.

[Kgfish]

Have any other business' filed a complaint against the town's noise ordinance?

[Gonzo]

Have any other business' filed a complaint against the town's noise ordinance?

Not to my knowledge. And I haven't heard if this group sought further appeal.

It would be a shame to just roll over on one of the most unreasonable ordinances in the town's history.

[firemoose]

A 70 db noise ordinance in a college town is asinine and I've never heard anything remotely compelling otherwise. It's discriminatory, unconstitutional and represents the same age old struggle of local rubes to harm an institution to which the town owes its prosperity.

And this is coming from someone that makes a living in the tourism industry of the area, the only other major bread winner of the town, so to think me as insensitive to other cultures in the high country would be incorrect.

I'm not picking on you Gonz. You've probably seen me mention I was born and raised in Boone and have lived here off and on for most of my life. I've seen my share of both Boone and Watauga County "what the hell just happened" moments (living one now with the ETJ fight and trying to stop Maymead from building an asphalt plant on the banks of the New River and about a 1/4 to 1/2 mile from around 200 homes, including mine). But I had laugh at your last line, the one I bolded. "Back-woods", "local-yokel", "local rubes" etc. aren't exactly "sensitive to other cultures" ie. the LOCALS.

[fjblair]

Now I'm really not trying to get into another exhausting debate on what makes a social conservative, but the back-woods politic of the Town of Boone is at it again, this time dismissing complaints of local business that are challenging the unreasonable noise ordinance set in place last year.

http://www2.wataugademocrat.com/attachm ... ismiss.pdf

I call no confidence in the Plaintiff's counsel. First amendment and due process is all they could come up with?

One thing to point out is that some people have sleeping babies/toddlers and others work shift work and need their sleep unimpaired by those groups making distracting noise.

Well it would be ill-advised for families with toddlers to move in to a property right next to a night club or college bar in the first place. Not to mention it takes a hell of a lot more than 70 decibles (10 Dbs quieter than the average telephone's dial tone and the same volume as a normal conversation) to go through the wall of someone's home. It's the noise level itself that's the most unreasonable. It basically gives BoPo the authority to bust up anything they feel like, turning them almost literally into the "Fun Police," much to their delight I'm sure.

Either way, this ordinance is yet another unreasonable assault by the local-yokel population on the student experience of Appalachian State University. This is their countermeasure to the passing of liquor-by-the-drink.

Fascist?

What are talking about? The complaints are primarily the work of 2 or 3 people who live downtown, one of them lives right beside Boone Saloon. There is no conspiracy by the locals. Furthermore the ordinances are passed by a decidedly left of center town council which I doubt has any members that could be called a true local. It's also worth noting the vote was 3-2 further damping the flames of conspiracy by the citizens to stomp out the life of student entertainment. . Local yokel, really? Every single person in Watauga county knows the value of ASU.

[appbio91]

Charlotte has a similar ordinance as does Chapel Hill. Both college towns with more nightlife than Boone. I would be willing to bet every college town has some kind of noise control effort.

[Gonzo]

Charlotte has a similar ordinance as does Chapel Hill. Both college towns with more nightlife than Boone. I would be willing to bet every college town has some kind of noise control effort.

1. Charlotte is not a college town.
2. Chapel Hill does not have more nightlife than Boone.
3. Any noise ordinance that may exist in those towns (none of which you've cited) would likely be well over 70 dbs, as the prohibition of such a low volume is unreasonable. The sound of you typing on your keyboard is almost 70 dbs.

I am not opposed to a reasonable noise ordinance.

[Gonzo]

The fascist thing has more to do with the unchecked discretion something like this gives area law enforcement (though I admit it may be an exaggeration to use the term fascism. You all know I'm a sucker for hyperbole).

Imagine ol' Barney Fife seeing something he doesn't like. It may be illegal, it may not be. "OH!, noise ordinance violation!" It is discriminatory against students, as it allows Barney to have legislation to defer to no matter the circumstance, and we all know that cops in the area concentrate on student related "crime" and debauchery.

The fact is, I've farted louder after 10 PM than this ordinance deems legal, and this legislation is a clear attack on the civil liberties of law abiding students that want to have fun during their time in Boone.

[wb247]

It is perfectly reasonable to restrict loud noises in or adjacent to a residential neighborhood. 10PM may even be really generous in residential neighborhoods. However, for businesses located adjacent to campus or in the central business district, any restriction at all is silly and regressive.

[Kgfish]

Have any other business' filed a complaint against the town's noise ordinance?

Not to my knowledge. And I haven't heard if this group sought further appeal.

It would be a shame to just roll over on one of the most unreasonable ordinances in the town's history.

Must not be a problem for anyone else.

[Gonzo]

Have any other business' filed a complaint against the town's noise ordinance?

Not to my knowledge. And I haven't heard if this group sought further appeal.

It would be a shame to just roll over on one of the most unreasonable ordinances in the town's history.

Must not be a problem for anyone else.

Or it's a problem for 17,000 people that aren't fairly represented.

[appbio91]

A normal conversation is more like 50-60dB. 70dB is actually 10 times louder than that level because it is a logarithmic scale. That would be a conversation in a concert hall or a crowded restaurant. Not ear splitting but certainly louder than normal talking.

[Gonzo]

A normal conversation is more like 50-60dB. 70dB is actually 10 times louder than that level because it is a logarithmic scale. That would be a conversation in a concert hall or a crowded restaurant. Not ear splitting but certainly louder than normal talking.

http://www.gcaudio.com/resources/howtos/loudness.html

Normal conversation at 3' 60-65dB
Telephone dial tone 80dB
City Traffic (inside car) 85dB

Also keep in mind that this is the measurement to be taken 10' from the property line.

"The approved ordinance restricts sound measured at or within 10 feet of a venue’s property line to 70 decibels from 10 p.m. to 12 a.m. Friday and Saturday evenings and to 60 decibels from 12 a.m. to 2 a.m. Saturday and Sunday mornings. "

http://mountaintimes.com/watauga-news/a ... -id-022589

[CVAPP]

I have to agree with Gonzo on his point about giving BP officers too much latitude, unless they are equipped and trained to accurately measure and preserve evidence. I assume such technology is available.

[Longrifle28]

Our town's noise ordinance is 50 db between 7 am and 11 pm. From 11 pm until 7 am it goes down to 40 db. This is for amplified sound and is measured from the closest residential property.

If the 17,000 that weren't fairly represented don't like it, all they have to do is vote the bums out and change the ordinance...

[fjblair]

I have to agree with Gonzo on his point about giving BP officers too much latitude, unless they are equipped and trained to accurately measure and preserve evidence. I assume such technology is available.

In fact the noise ordinance is written in a manner that gives the BP no latitude. That was one of the primary goals. They are equipped and trained to measure the noise with a device. So they are using available technology.

For the record I'm against the ordinance downtown and not at all thrilled that a small handful of very vocal citizens have been able to force the town into action on this issue. The main complainant has caused trouble for years.