Author Topic: Is the noise ordinance unconstitutional?  (Read 2669 times)

0 Members and 1 Guest are viewing this topic.

Offline Sal Atticum

  • Administrator
  • *****
  • Posts: 7116
  • Karma: 38
  • Gender: Male
    • Campus Dakota
Is the noise ordinance unconstitutional?
« on: October 19, 2009, 10:22:59 am »
According to Student Senator Mike Rocks-McQueen, yes.

Quote
During a joint meeting of both bodies [Student Senate and City Council], he compared the wording in the city’s law to that of a law in Virginia Beach, Va., that was struck down by the Appeals Court there as unconstitutional back in April.

The noise ordinance in Virginia Beach forbade “unreasonably loud, disturbing and unnecessary noise” that would bother “persons of reasonable sensitivity.”

The noise ordinance in Grand Forks, adopted two years ago, forbade “unreasonable noise” that was “likely to” annoy a “reasonable person.”

Rocks-McQueen said the law is too vague and could mean anything. He said the council should make decibel levels the criteria.

Another interesting part of the article was this:
Quote
Students complained the law is applied arbitrarily, but it appears their grievance is with campus police, not city police, which furnished statistics showing it doesn’t respond to noise complaints in university areas any more than in the rest of the city.

So from this are we assuming that campus "police" responds to noise complaints at a higher-than-normal rate on campus.  Wait.  That might make sense.
JUST EXTRA POLISH. I DO SOME WORK WITH EXCELL SO I KEEP THE CAPS LOCK ON :-P

Offline Plantains

  • I've succumbed to corporate level marketing ploys.
  • UND
  • *
  • Posts: 2868
  • Karma: 18
  • Gender: Male
  • No you are the one that is stupid!
Re: Is the noise ordinance unconstitutional?
« Reply #1 on: October 19, 2009, 12:51:36 pm »
So from this are we assuming that campus "police" responds to noise complaints at a higher-than-normal rate on campus.  Wait.  That might make sense.

The campus Police actually have more strict hiring requirements than the local agencies.
Alaska Unicyclist: if you ban me, i'll set your complex on fire.... just a heads up

Offline Sal Atticum

  • Administrator
  • *****
  • Posts: 7116
  • Karma: 38
  • Gender: Male
    • Campus Dakota
Re: Is the noise ordinance unconstitutional?
« Reply #2 on: October 19, 2009, 01:14:56 pm »
It's still weird for me to come to a place where the security on campus is an actual branch of the police department.  At private schools you see "security," not police.

How far off campus does their jurisdiction extend?  There were examples a few years back of UVM police ticketing people for speeding (or something) a few towns away from Burlington.
JUST EXTRA POLISH. I DO SOME WORK WITH EXCELL SO I KEEP THE CAPS LOCK ON :-P

Offline Plantains

  • I've succumbed to corporate level marketing ploys.
  • UND
  • *
  • Posts: 2868
  • Karma: 18
  • Gender: Male
  • No you are the one that is stupid!
Re: Is the noise ordinance unconstitutional?
« Reply #3 on: October 19, 2009, 01:25:58 pm »
Yeah I dunno what it is for UND. This is also an issue with Univ at Buffalo coppers.

I was just eluding to the fact that many University police departments (UND and UB included) are a product of the State Police academy and hiring process.

In fact... oddly enough, many of the agencies that people often cite as "not real cops" are from the state police.
Alaska Unicyclist: if you ban me, i'll set your complex on fire.... just a heads up

Offline Sal Atticum

  • Administrator
  • *****
  • Posts: 7116
  • Karma: 38
  • Gender: Male
    • Campus Dakota
Re: Is the noise ordinance unconstitutional?
« Reply #4 on: October 19, 2009, 07:34:06 pm »
JUST EXTRA POLISH. I DO SOME WORK WITH EXCELL SO I KEEP THE CAPS LOCK ON :-P

Offline pmp6nl

  • Administrator
  • *****
  • Posts: 5617
  • Karma: 113
  • Gender: Male
    • Campus Dakota.com
Re: Is the noise ordinance unconstitutional?
« Reply #5 on: November 29, 2009, 05:46:28 pm »
The setup where the police are typically sworn in on both departments (city and university) is interesting.  I know on some campuses their police may typically cover the surrounding areas if they wish. 

Interesting enough, I have recently heard that in ND (at least) the campus police cannot enforce campus policies, since they arent law.... Now hows that for odd?
CampusDakota.com

Offline Sal Atticum

  • Administrator
  • *****
  • Posts: 7116
  • Karma: 38
  • Gender: Male
    • Campus Dakota
Re: Is the noise ordinance unconstitutional?
« Reply #6 on: November 30, 2009, 03:23:10 pm »
That explains why the cigarette ban isn't enforced, however if UND had security rather than Police, they could enforce the policies as they saw fit.
JUST EXTRA POLISH. I DO SOME WORK WITH EXCELL SO I KEEP THE CAPS LOCK ON :-P

Offline Sal Atticum

  • Administrator
  • *****
  • Posts: 7116
  • Karma: 38
  • Gender: Male
    • Campus Dakota
Re: Is the noise ordinance unconstitutional?
« Reply #7 on: January 02, 2010, 06:30:21 pm »
Like the "dry campu" policy?  Doesn't that one get enforced?

Actually, it probably doesn't, since so many people who are over 21 live off campus anyway, so they just enforce underage drinking laws (silliness in itself, at times).

Getting back to the topic, how much of a problem is this really?  I've heard gossip previously that all the properties near UND are turned into "student ghettos" by "absentee landlords," contributing to (apparently) horrible neighbors for the poor people who have lived there forever.  Is there truth to this?

Is there a way to get records on the number/place of noise complains without going through formal paperwork?
« Last Edit: January 02, 2010, 06:34:12 pm by Sal Atticum »
JUST EXTRA POLISH. I DO SOME WORK WITH EXCELL SO I KEEP THE CAPS LOCK ON :-P

Offline pmp6nl

  • Administrator
  • *****
  • Posts: 5617
  • Karma: 113
  • Gender: Male
    • Campus Dakota.com
Re: Is the noise ordinance unconstitutional?
« Reply #8 on: January 02, 2010, 09:52:13 pm »
I asked the same thing about the dry campus thing... apparently they claim its an actual law.

Quote
"student ghettos" by "absentee landlords,"

Its really terrible in a lot of places.  Students do often live in "ghettos"  much of the time they do not know of their rights...if there even are any.


Quote
Is there a way to get records on the number/place of noise complains without going through formal paperwork?

I would guess you would have to fill out paperwork to get that info.. but it would be interesting to see.
CampusDakota.com

 

With Quick-Reply you can write a post when viewing a topic without loading a new page. You can still use bulletin board code and smileys as you would in a normal post.

Name: Email:
Verification:
Type the letters shown in the picture
Listen to the letters / Request another image
Type the letters shown in the picture:
What color is an apple, it starts with an r?:
What is 5 plus 5?:
What is 18 minus 7?:

anything
realistic
anything