Noise ordinances ensure people can live in their communities comfortably, without disturbance. While community ordinances protect people's rights, the system is sometimes abused. Unreasonable neighbors may call local authorities, and have a ticket issued with little reasoning. Just because a noise violation is issued does not mean it is justified. Fighting a ticket and avoiding the fine is possible by using the ordinance in your favor.
Exercise the right to challenge the ticket in court. Follow the ticket instructions to request a court date.
Find the exact terms that the community's ordinance uses to define noise tolerance, including type of noise, level of noise and the time of day noise is restricted.
Clearly state how the ordinance was not violated when the ticket was issued, stating the perceived noise was not audible over the distance allowed by the ordinance.
Challenge if the alleged noise occurred during ordinance hours according to the ticket.
Request the police officer show the device that calibrated the noise level. Have ticket dismissed based on the officer's inability to prove the decibel level if they did not use a machine.
Ask for the officer's certification for using and reading the calibration device. Request a dismissal based on the officer's inability to accurately access illegal decibel levels.
Challenge the last time the machine used was calibrated. Receive a dismissal based on the inaccuracies of the device.
Play a radio for the officer in the courtroom, if a machine was not used when issuing the ticket. Ask the officer to note the decibels of the radio sound. Ask for a dismissal if he cannot accurately name the decibel level based on his subjective opinion.
- The key to fighting a noise violation is proving the ticket was unjust based on the city ordinance.
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