Appealing a Town "Nuisance" Ordinance Violation

[jmhudak17]

Wasn't entirely sure where to put this, so mods please move this if there's a better spot for it.

Anyway, I live off-campus in a college town in a rented house with three roommates. We occasionally throw parties in which my band plays. It is loud in the house, but we've done noise level checks at the end of our driveway and it's not loud at all. It also helps that we live on a major street and don't have neighbors very close to us. We've thrown parties in the past and had no problem.

Last night, we were throwing a party when the police showed up around 12:00. They said they got a report of a loud party. Someone also let them into the house even though we had instructions on the door telling people what to do if cops came. On the other side of the door (outside), we had a sign up telling cops that we don't consent to any entry/searches and that they're not allowed in without a warrant. I am somewhat curious if this still applies even though some person let them in. If so, I'd like to bring it up with the ACLU or anyone that could help with that.

Eventually, we each received a $250 nuisance ticket for violating an extremely vague town ordinance (so $1000 total). The cops said it was related to the noise. On my ticket, the cop also wrote that it was a "100+ people party" even though I doubt we even had 50 people.

I plan on exercising my right to a hearing to challenge this, as I don't believe we were actually that loud (cops often search around here for parties to break up) and I feel that the fine is excessive (I'll also have trouble paying it). Has anyone had any experience with appealing violations of town ordinances? I know people who appeal speeding tickets often get them overturned or reduced just by showing up, I was wondering if there was a good chance of the same happening for this.

 

[pcosmar]

Get an actual copy of the ordinance/Law,, and find out what the criteria are..
Challenge any Noise level,, and/or certification of the db meter.

Most places have a time limit for noise (usually 10 PM)

Read and study it for any loopholes that may be in it.. and find out if there was an actual complaint (by who) or if it is just arbitrary and selective enforcement.

In the end,, you might still end up with the fine.. Their game,,their rules.

 

[jmhudak17]

Thanks for the response, I appreciate it. I have a copy of the ordinance, located here: http://ecode360.com/15307282 . It's extremely vague. There is another section on "noise" that says that police have to have a decibel reading for a noise violation to occur, but we were technically given a nuisance violation instead of a noise violation (which is only up to $88).

Any idea how I would go about finding out if there was an actual complaint and whether they'd have to give me the name of the person who complained? They did say there was a "report" and they alluded to the fact that someone called, but obviously I know police lie all the time.

 

[pcosmar]

Thanks for the response, I appreciate it. I have a copy of the ordinance, located here: http://ecode360.com/15307282 . It's extremely vague. There is another section on "noise" that says that police have to have a decibel reading for a noise violation to occur, but we were technically given a nuisance violation instead of a noise violation (which is only up to $88).

Any idea how I would go about finding out if there was an actual complaint and whether they'd have to give me the name of the person who complained? They did say there was a "report" and they alluded to the fact that someone called, but obviously I know police lie all the time.

6th Amendment.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

also known as the "Confrontation Clause".

You might check to find out if there is any free legal aid in your area,, Friend of the Court or Public defender.. They may be able to give legal advice particular to your area.