Noise Disturbance

[badboychronic]

My question involves police conduct in the State of: Roanoke Co ,VA
I have a roomate that likes to play the music on saturdays ever now and then ,My probem is this code says its ok so long as its not from 10pm to 7am .the police say otherwise .If there reason is true then can't I call the law on anyone that has a harley davidson motorcycles ?here is the code and then the rest of my story I would be happy to pay for a fix using paypal not sure if this is the site for that if you know that site please tell me ?

Roanoke co code.
Sec. 13-20. General prohibition.
In addition to the specific prohibitions contained in this article, no person shall make, continue, permit, or cause to be made, continued or permitted any noise disturbance within the county.
(Ord. No. 102792-12, § 1, 10-27-92)

Sec. 13-21. Specific acts as noise disturbances.
The following acts are declared to be noise disturbances in violation of this article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under section 13-20 and provided that the acts so specified below may still constitute a noise disturbance under section 13-20 independently of the hours of the day such acts take place.
(1) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(2) Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in a manner so as to be plainly audible across property boundaries.
(3) Loading or unloading trucks outdoors within one hundred (100) yards of a residence between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle.
(5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 10:00 p.m. and 7:00 a.m. the following day, at a volume sufficient to be plainly audible across property boundaries or through partitions common to two (2) residences within a building or plainly audible at fifty (50) feet from such device.
(6) Using or operating a loudspeaker or other sound amplification devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day.
(7) Using or operating any motor vehicle without factory installed mufflers or their equivalent, on any public street or road in the county or on private property within a residential zoning district.
(8) Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production of sound in a motor vehicle at a volume sufficient to be plainly audible at fifty (50) feet from such vehicle.
(9) Failure to deactivate an alarm system plainly audible at fifty (50) feet from such alarm within such reasonable time as is established by section 16-23 of this Code.
(Ord. No. 102792-12, § 1, 10-27-92)

The cops superviser says that the first part of (Sec. 13-21. Specific acts as noise disturbances.
The following acts are declared to be noise disturbances in violation of this article. The acts so specified shall not be deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under section 13-20 and provided that the acts so specified below may still constitute a noise disturbance under section 13-20 independently of the hours of the day such acts take place ) gives him the reason .

It was before 10pm the house that called the cops was 200 feet or more down the road and the sound came from one not two 100w speaker that's about 12in long .This dude cuts wood and fires guns at all times of the day sometimes at 5am ,he's a loser that lived in his girl friends basement only to marry her and moved next door to them ,everyone on the block hates them .
Anyway ,the cop comes to the house says this is his 2nd time there in the 4 years we lived here says he could arrest everyone there and ask for ID from all he did not see it from the first time months back .Then tells everyone to stay put until the ID check is done all because of music .
1 - Does the posted code keep me from playing my music in the daytime before 10pm?
2 - I was not drinking and was inside with one of my friends that was not drinking the other friend over was with my roomate outside .The cop comes to the front door and I tell him were turning it down he still ask for the other dude and tells me to put the dogs up so he can go around back and talk to him .I do and then go around back and let him in .Can he arrest everyone there ?for the music ?he says he could .
3 -The cop keep saying he would arrest the dude playing the music or us all for drunk in public .He is in the back yard with 6ft tall wood fence and 47acre of woods all around there is noting public about it I go outside nude at times because know one can see me .Would that stand in court ?The county does not even remove snow from my road or bring the mail to the house it has to be picked up at the bottom of the road.If the county thinks this is public then maybe I can get the road fixed from taken them to court .

Last I don't need any short answers .Any real answers leave your paypal name and I will give on any that help me .I belive in freedom and I'm doing this for my roomate .Both people next to us love us and are freinds this is some dick down the road on a power trip using his wife for a place to live .

[aardvarc]

1 - Does the posted code keep me from playing my music in the daytime before 10pm?

Yes, it does under the section the officer cited to you:

...the acts so specified below may still constitute a noise disturbance under section 13-20 independently of the hours of the day such acts take place.

Whether or not the neighbor 200 yards down the road could truely hear the music or not, if they complain about noise, that's typically all it takes, especially if the officer arrives to hear "boom, thump, boom, thump, boom, thump" coming from your yard. The neighbor doesn't have to prove they CAN hear it, rather you'd have to show they COULDN'T hear it. And this same principle would apply if you wanted to call the police for someone with a loud motorcycle, or chainsaw, or whatever. If they can find the motorcycle when they arrive on scene and can hear it at the prescribed distance, or within a residence at a level that would annoy a normal person or violate the code. then they can act on the violation. If it would make you feel better to have neighbors get their fair share of hassle for committing their own noise infractions, then pick up the phone and put your well earned tax dollars to work and summon authorities. Eventually the whole street will either be quiet or full of cops or both.

This statute is pretty standard in jurisdictions from coast to coast, in that if you're making sound that penetrates walls into someone else's home without their consent and they report that they are annoyed, more often than not they're going to prevail, regardless of the time of day. The big difference with statutes that have very specific times spelled out is that police can enforce those noises when they hear them, they don't need to wait until someone else is annoyed enough to call to complain.

2 - Can he arrest everyone there ?for the music ?he says he could .

For the music, doubtful. Keep in mind however that police are allowed to lie to people. It's possible the officer may have used this as a pressure tactic to help ensure that he wouldn't be coming over repeatedly, or, that he was insinuating that he could find some other charge to haul some people off under (which he may or may not have really had, but unless you are a cop, don't play poker against one).

3 -The cop keep saying he would arrest the dude playing the music or us all for drunk in public .He is in the back yard with 6ft tall wood fence and 47acre of woods all around there is noting public about it I go outside nude at times because know one can see me .Would that stand in court ?

Probably wouldn't be picked up by the DA's office for charges, but certainly the officer could make the arrest to make his point, arguing that the level of the music (being heard OFF your property) makes it public. The arrest would probably be under a different statute, something like "disturbing the peace" as opposed to the county's noise ordinance (which is usually something that you get an expensive ticket for from your friendly Code Enforcement office). Your naked self in your backyard isn't enjoyed by others because of your fence blocking you from public sight. Unless your fence has the ability to keep sound in, the sound can argueably be public - particularly in light of a neighbor who claimed to be hearing the noise (who was NOT in your back yard). You could certainly give fate the proverbial finger and call the cop's bluff and say, "fine, arrest me"...but too often that tactic causes more hassle (and expense) than people realize (and for God's sake, don't call the bluff on a weekend lest you have to sit in the clink until Monday for a judge to set bail). There's being right, and there's being happy...if neighbors are complaining about the noise, your chances of proving yourself "right" dwindle...and when playing chicken with police, your chances of ending up "happy" dwindle even more.

The county does not even remove snow from my road or bring the mail to the house it has to be picked up at the bottom of the road.If the county thinks this is public then maybe I can get the road fixed from taken them to court .

Frustrating I'm certain, but not relevent to the incident at hand.

[badboychronic]

The right answer was just given by the Virginia Supreme Court . The law is unconstitutionally vague and was striked down.
The same thing we told the cops .