Legal Topics

Municipal corporations — Ordinances — Noise — Constitutionality — Vagueness Municipal corporations — Ordinances — Noise — Constitutionality — Vagueness

Apr 19th, 2024 in by admin

Municipal corporations — Ordinances — Noise — Constitutionality — Vagueness — Ordinance that not only proscribes noise that is plainly audible at distance of 100 feet from building or vehicle and sound that would disturb peace of neighboring inhabitants, but also prohibits sound that at any time is played at louder volume than is necessary for convenient hearing for persons who are voluntarily listening to sound in homes or vehicles is unconstitutionally vague — Unconstitutionally vague provision is severed from ordinance — Provision can be separated from noise ordinance’s remaining provisions without affecting remainder of ordinance, legislative purpose of ordinance can be accomplished independently of vague provision, vague provision is not so inseparable from remainder of ordinance that it can be said that city would not have passed ordinance without that provision, and ordinance remains complete without vague language