Noise Complaint

[mhalweg]

My question involves police conduct in the State of: wisconsin

if police respond to a noise complaint, can they only issue a ticket if when they arrive they witness what they deem to be excess noise? or is just a neighbor's word good enough?

[cdwjava]

The law in your state may be different than many other places, but it is likely they will need a complaining party before they can cite or arrest someone for a noise complaint. In most places, the police cannot have their peace disturbed. But, if there is a local ordinance effecting this, then they just might be able to act on the loud gathering or noise

- Carl

[mhalweg]

your response is kind of confusing.

say for instance that a neighbor calls the police because i have my music up to loud. the cops show up and when they arrive it is at a resonable level. is there any way (circumstance) they can issue a ticket or official warning soley based off of the neighbor's word? if not, what if this situation repeats itself? can the cops finally take the neighbor's word and issue a ticket?

thanks

[souperdave]

Me and my Carver 1000watt/channel stereo got 'victimized' many moons ago by a neighbor who signed a complaint....TWICE!

Second time around was a $300 fine....that was a lot o' greenstamps in 1982! Twas Louisiana by the way.

[mhalweg]

that's dumb that just a neighbor's word can get you a fine.

[cdwjava]

your response is kind of confusing.

The law varies by state and violation. In my state, the police cannot have their peace disturbed ... i.e. we cannot arrest or cite for "disturbing the peace" without a party who is willing to sign for the citizen's arrest. The way around that is to have an ordinance that provides some objective standard for noise.

say for instance that a neighbor calls the police because i have my music up to loud. the cops show up and when they arrive it is at a resonable level. is there any way (circumstance) they can issue a ticket or official warning soley based off of the neighbor's word?

Sure. The neighbor could require a citizen's arrest. Now, keep in mind that your state might handle these differently. To know for sure what your state allows, you should contact the local police.

if not, what if this situation repeats itself? can the cops finally take the neighbor's word and issue a ticket?

Keep in mind that a citation is only a promise to appear in court. One does not need proof beyond a reasonable doubt to issue it. They can issue a citation within the limits of the state law and then prove the matter in court at a later time. The police might also seize the evidence (be it stereo or drum set) in addition to the arrest or citation.

- Carl