http://www.greensboro-nc.gov/modules/showdocument.aspx?documentid=21517
 |
| http://www.greensboro-nc.gov/Modules/ShowDocument.aspx?documentid=15233 |
"This prohibition contains an exception"
The privately owned ball park is exempt.
Special events, like for Rocco Scarfone's block parties in front of Ham's in a public parking lot, were exempt.
.
.
"N.C. Court of Appeals says Beaufort County ordinance lacks standards
...The court found the ordinance unconstitutional Dec. 5 because it gave the county commission the authority to issue a discretionary exemption via a special-events permit...
Cynthia Perez runs Desperados, a nightclub in Beaufort County. The bar features live bands on most Friday nights and all Saturday nights. Bands obviously make noise, and a neighbor who owns a trailer park objected, calling the sheriff’s department regularly. Both Perez and the Desperados were cited for violating the county’s noise ordinance on numerous occasions. Perez had applied for a special-events permit, which grants an exemption from noise limits, but the county refused to grant a permit.
...“Defendants contend that this ordinance is unconstitutional because it allows ‘the County’ to issue special event permits in its discretion with no articulated standards, acting as an arbitrary prior restraint on free speech,” Judge Robin Hudson wrote for the appeals court. “We agree.”
...In a 1948 case, Saia v. New York, the U.S. Supreme Court considered an ordinance that prohibited the use of sound amplification without approval from the chief of police.
A minister challenged the ordinance after being denied a permit after several citizens complained.
The high court found the requirement for police approval to be unconstitutional, as it prescribed no standards for the issuing of a permit. Issuance was purely discretionary, and that exactly was the problem.
The N.C. Court of Appeals found that the exact same kind of problem existed in Beaufort County’s rules on special-event permits:
“Here, as discussed above, the ordinance is narrowly drawn, but constitutionally flawed in that it allows the County to exercise its discretion to issue a complete exemption in the form of a special events permit...
...“the paragraph of the ordinance establishing prohibitions and exemptions is an impermissible prior restraint, which violates the First Amendment of the United States Constitution.
http://www.carolinajournal.com/exclusives/display_exclusive.html?id=3766
.
.
"Florida Supreme Court rejects state noise law as unconstitutional
Florida’s law telling drivers who blast their car stereos to turn down the volume unreasonably restricts free speech rights, the Florida Supreme Court ruled Thursday.
...Justice Jorge Labarga wrote in the majority opinion that “the statute is invalid because it is an unreasonable restriction on the freedom of expression.”
...One of the faults of the law was that it did not apply “equally to music, political speech and advertising,”
...The business and political sound systems were exempted from the law.
http://politics.heraldtribune.com/2012/12/13/florida-supreme-court-rejects-state-noise-law-as-unconstitutional/
.
.
"Judge declares city noise ordinance unconstitutional
The ordinance exempts sounds related to religious expression, such as sounds from religious services or events, including singing, bells and organs. Steven Benjamin, who is representing the four people charged, argued at a hearing last month that the exemption violates the First Amendment, and he said the law was unconstitutional because it was too broad.
"This statute advances religion over any other normal conduct," Pustilnik said in court Tuesday. He said the ordinance criminalizes noise emanating from almost any appliance and noted that a husband who turned on the television after getting into bed would violate the ordinance if his wife beside him could hear the television."
http://www.timesdispatch.com/news/judge-declares-city-noise-ordinance-unconstitutional/article_2af273b6-1210-5abb-8f24-4a9107ce5c85.html
No comments:
Post a Comment