ANC2E Wrap-up: Noises in the night
Posted by: Ryan Bellmore in News, Vox Populi, tags: ANC wrap-up, Committee on Public Safety, Noise
Compared to the Campus-Plan-a-thon two weeks ago, last night’s ANC meeting was relatively tame. And short.
Surprisingly, this meeting made little mention of the quickly cloying Campus Plan or the ANC’s last session, which, it must be noted, Commissioner Ron Lewis called “very inclusive.” The commission will adopt a formal position on the matter at either their February 28 or April 4 meeting, according to their agenda.
So this is how liberty dies, with smug looks from several ANC commissioners
To remedy the scourge of after-hours noise in D.C., Lt. Hedgecock announced a new amendment to the far-reaching “Disorderly Conduct Law” to make “unreasonably loud noises between 10 p.m. and 7 a.m. that are likely to disturb one or more persons in their residencies” an arrestable offense.
“There’s a problem with noise in Georgetown,” he joked, “Anybody agree?”
He went further to explain the capacity of police officers under this new provision: “If they deem it likely to affect or annoy someone, they can affect an arrest. […] The breach of peace does not have to occur.” The potential punishments include up to 90 days in jail and a $500 fine.
In addition, he commented on the ubiquity of police officers in the Georgetown area, citing an apparently typical comment he receives from non-Georgetown residents: “I don’t see police in my area, but if you go to Georgetown, you see a cop on every corner.”
For this, he thanked the University for providing reimbursable details, and Commissioner Bill Starrells piped in, “citizens associations, too!”
Goodbye, Golds
The commission then honored former ANC Commissioner Aaron Golds (COL ’11) for his two year of service. A commendation was read by current Commissioner Jake Sticka (COL ’13).
The rest of the story
The rest of the meeting was fairly trivial. Rose Park may or may not be getting an expanded footpath; Thirds is employing noise reduction tactics; and the meetings attendees had a lively debate about crosswalks in front of Safeway.
Image: Flickr user Chicagos~Finest
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What the fuck?
Wait, 90 days in jail and $500 for annoying someone? Or rather, for the possibility of annoying someone? Seriously?
I will give $50 to the first student who calls 911 and gets a non-student neighbor arrested under this law.
Challenge Accepted!
“In addition, he commented on the ubiquity of police officers in the Georgetown area, citing an apparently typical comment he receives from non-Georgetown residents: “I don’t see police in my area, but if you go to Georgetown, you see a cop on every corner.”
Unless, of course, a serious crime is just about to be, in the process of being or has just been committed, in which case there are no law enforcement officers nearby, nor in a position to pursue the assailaint, rapist, etc…
But if you make noise in your enjoyment of youthful vigor, you will be pursued unreasonably, HA!
I’ll double the $50 if it’s a vocal opponent of the campus plan and you get a mug shot.
Two things
1. Wow, this is outrageous. I legitimately am having trouble believing that on the suspicion something I might do could annoy someone, I can be arrested. Can we get some fact checking on that?
2. I will also match that $50. I swear, post proof on Vox and the bounty is yours. Maybe then they’ll think twice about passing this bullshit.
Instead of taking up valuable police time and sticking students with arrest records, this entire situation could be cleared up by the liberal use of the phrase,
\Excuse me young man/lady, I live across the street. Could you please quiet down?\
@ Barney Stinson
Don’t you mean … http://is.gd/jezVuu ?
@Hu: You might think so, but alas, it does appear to be law. Here is the law, as recently passed by the Council: http://www.dccouncil.washington.dc.us/images/00001/20110105110704.pdf
If you are upset about it, I’d recommend letting Councilmember Evans know.
Thanks, JS. Apparently, having a loud party at 11 p.m., masturbating in public, and using abusive language at a funeral all merit the same punishment.
Thanks for posting the full act JS – there are some interesting things that seem to qualify as the same crime, which apparently are arrestable by up to 90 days.
The law also includes:
“(3) Direct abusive or offensive language or gestures at another person (other than a law enforcement officer while acting in his or her official capacity) in a manner likely to provoke immediate physical retaliation or violence by that person or another person.”
Never see police officers arresting anyone for making fun of each other in public… it seems like this has been attached as a completely meaningless way to gain some political favor from neighbors, while no reasonable police officer will ever be able to bring themselves to enforce the law.
Man, any student who is arrested under this should find a lawyer—and trust me, there are a lot looking for work right now—to challenge “likely to annoy or disturb one or more other persons in their residences” as unconstitutionally vague and an infringement on First Amendment rights. If the Westboro Baptist crowd is protected in their shouting anti-gay slurs at funerals, I’m fairly certain that “maybe annoying someone (and maybe not)” cannot result in 90 days’ jail time.
And don’t think that just because the DC Council/DC Police do something, it must be alright. Look back in The Hoya archives about students getting arrested in the early-2000s for open container offenses, when the law on the books permitted, at most, a citation (i.e., a ticket) for such violations. It led to a class action lawsuit…a successful one, if I recall correctly.
My concern is not about the law itself on its face, but as it will be applied by police officers in the neighborhood (who, as the Lt. Hedgecock noted, are paid in reimbursable details by the neighbors themselves). It’s such a vague standard — “unreasonably loud noises” — that it really could be applied to anyone police officers don’t like (i.e., just students). Neighbors having a summer barbecue? No worries, they’re over 40. Students having a Superbowl Watch? Call in the cavalry and lock these guys up for 90 days!
Actually, scratch my earlier concerns, I am both concerned about its vagueness and its application. “Unreasonably loud noises … that are likely to disturb one or more persons in their residencies.” It’s an incredibly vague standard.
1. What is ‘unreasonably’ loud, first of all? Is there a specific decibel volume? Unreasonably loud implies there is a category of ‘reasonable’ loudness. On what basis is this determined?
2. Second, who are the persons in their residencies? Is this is a ‘reasonable’ person standard, is this a ‘reasonable person living in the area of a university,’ or is this an actual person? The standards could change the entire equation. The first two are generally objective standards, the last is a completely subjective standard depending on the temperament of the particular resident.
3. Third, are ‘unreasonably loud’ and ‘likely to disturb’ a person connected, and if so, how so? That is to say — the law, at least as written, seems to allow ‘reasonably’ loud noises, even if they are likely to disturb one or more persons in their residencies. Thus, reasonableness seems not to depend on a subjective standard — even if a neighbor is offended by what they consider to be a loud noise, if it is not actually that loud the person can’t be arrested, regardless of offense.
Again, the most important point is going to be how this is enforced. I have no doubt that with such a vague standard, police will come down extremely hard and by the books on students, yet give wide leeway to neighbors. Disgraceful.
So many 1Ls in these comments.
Do you have neighbors that get up before 7am and make any noise? Call 911.
@ asuka,
Not even close, but thanks for playing the “What year of law school?” game.
http://www.oyez.org/cases/1990-1999/1998/1998_97_1121
http://en.wikipedia.org/wiki/City_of_Chicago_v._Morales
How about political rallies at 10:00 pm?
How about walking your dog at 6:30?
How about a crying baby at midnight?
How about starting a car at 3:30am?
How about a game of backgammon in the back yard at 10:03pm, if the neighbor can hear you talking?
How about a loud morning prayer?
How about a defective smoke alarm?
How about a person using a cell phone on the way to pick up the morning newspaper at 6:45am?
* * *
If I were still living in Burleith, I would be calling the Metro non-emergency number a dozen times a day on my non-student neighbors.
(202) 737-4404
I guess I’ll just be unreasonably loud from 7am to 10pm. I’m so stoked for Georgetown Day.
Policies like this will just make young people even less likely to trust the police.
Being loud is a crime. Book ‘em, Dano. RIP civil liberties.
[...] of ANC 2E’s latest meeting, both here on DC Students Speak and on other sites, has focused on the session’s introduction of what is referred to as the “Disorderly [...]
[...] of ANC 2E’s latest meeting, both here on DC Students Speak and on other sites, has focused on the session’s introduction of what is referred to as the “Disorderly [...]
This law is completely unnecessary and introduces needless vagueness in enforcement.
DC already has a noise ordinance. 20 DCMR 2701.1 states that in residential zones, the maximum noise level during nighttime is 55 decibels, measured from the property line (i.e., the sidewalk). 55 decibels is just slightly quieter than an normal conversation at three feet away (60 decibels). So, in essence, if someone is standing on the sidewalk outside your house and the noise coming from your apartment just sounds like at about the level of talking, you should be fine. Under this new standard — who knows.
$1000 if you get one of the ANC Commissioners breaking the noise law or the Councilmember at one of his raucous late nite drinking bashes. Mendo is having a public hearing on Fri at noon. Let’s pack the house and raise some disturbing noise then.
Arrests are coming: loud noise, open container, public urination, and more…
Welcome to our neighborhood, if you behave. If you don’t, well, enjoy your arrest record when applying for your lousy jobs.
@ DC Citizen,
Clearly define “behave.” And then add that definition to this law. Until then, it’s a non-starter. There’s no way this thing survives.
Add me to the list of people matching that $50. If it’s an ANC member or Lenore Rubino, you can name your price.
My main problem is with the ambiguity of “reasonable.” The definition of “loud” has already been addressed, but what about situations in which “loudness” actually is reasonable? If, for example, I wake up in the middle of the night and discover someone in my bed whom I did not invite – as has happened to a disturbingly large number of young women in the area – I think it’s perfectly reasonable to scream a lot, and I certainly hope it disturbs enough of the people in residence that someone might give me a hand. I even think it’s reasonable to scream something explicit. But, hey, that’s just me.
I’m happy about the new pledge to enforce.
Maybe I can now study without having to endure the constant racket from next door. I’ve asked them to turn down the music, but they scoff.
Ignore this.
@JS and other haters…
I do not think you fully understand just how moderate Georgetown students are in relation to most college students. While you did choose to live in a college neighborhood when you moved to Georgetown, just be thankful that you live among students who have a level of respect for themselves and others. The ANC is not an appropriate body to address something that needs to be handled on a neighbor-to-neighbor basis.
@DC Citizen
I just saw your comment regardless job prospects for Georgetown students. You are clearly off base in your facts. Georgetown is one of the BEST schools for job recruiting in the country along with Harvard, Yale, Princeton and Stanford. Yet again, this goes back to the nature of Georgetown students. There is a reason why we are so popular with business recruiters.
Georgetown students are far better neighbors compared to other university students. I just wish Georgetown residents appreciated what a great university is in their neighborhood.
[...] recent amendment makes it “unlawful for a person to make an unreasonably loud noise between 10:00 p.m. and 7:00 [...]
[...] finally, Tim puts out a bounty: I will give $50 to the first student who calls 911 and gets a non-student [...]
[...] Association senate meeting, the senators unanimously passed a resolution regarding the recent amendment to the District’s noise [...]
[...] at-large seat. Given that the current Council has passed measures such as the contentious noise law, their decision will shape student life for the next year until the 2012 General [...]