OT maybe: Disturbing the peace? long

Has the definition of ?disturbing the peace? changed in our lifetime?

If you read the definition of this crime in most state laws it involves simply:

"Disturbing the peace", also known as "breach of the peace", is a criminal offense that occurs when a person engages
in some form of disorderly conduct, such as fighting or threatening to fight in public, causing excessively loud
noise, by shouting, playing loud music, or even allowing a dog to bark for prolonged periods ..


When these laws were written America lived a much quieter life. Automobiles, trucks and motorcycles were rare.
Telephones went through an operator, and few calls were made in the middle of the night. Music was mostly live.

Back then:
If a salesman banged on your door at 11PM, would that be disturbing the peace?
If a neighbor teen set off a brick of firecrackers in your side yard at 2AM.. would that be disturbing the peace?
If a drunk fired a gun in the air across the street from your house, would that be disturbing the peace?
If your neighbors held a party until 3AM, with outside music speakers next to your children?s bedroom windows, would
that be disturbing the peace?


So today; what about a robo call on Sunday at 6 AM, or a super loud 125db motorcycle at 3AM, or the Diesel pickup
past the funeral home during funeral services, or the joker that pulls the Jake brake on flat ground every trip
through town, just to rattle the windows and get you to notice his big truck?

Obviously, some people think they have the right to disturb your peace and seem to enjoy doing it repeatedly.
Fireworks on the 4th of July is a tradition, but the other 364 days should be ours to enjoy the peace and
tranquility of life?..like a quiet summer Sunday morning?without loud motorcycles.

Incidentally, all the farmers near me have mufflers on all their work tractors. Tractors are for work, not for
attention getting.

How is disturbing the peace handled in your area and how frequently is it prosecuted?

My thoughts are the people that have to make noise or create a scene have other issues in their lives and are begging for attention. Kind of like the spoiled child that misbehaves when others are in the room.

I would agree with you

When I was a kid country people mostly minded their own business and pretty much assumed their business ended at the property line.Setting off firecrackers,shooting,tractors running,dogs barking etc was considered pretty much normal stuff."Peace and Quiet" in the country is pretty much something city folks that move to the country imagined to be what country life is like.

So good citizens should put up with it because these people are having personal issues?
Sounds like an excuse to me. What other selfish actions should we tolerate?

I always joke that it must be a township ordinance that you can't have a muffler on your vehicle lol. I live just off a curve and I think people think they are on a grand prix course and hammer down. Some vehicles have quite a ratty sound, I can tell what the vehicle is very often by the noise. One that really stands out is a Jeep Cherokee with a straight 6, that thing really cackles when he goes by.

Disturbing the peace has different rules in different places. Most states have noise abatement laws that covers just how loud a vehicle can be and still be legal. As long as it's within those limits no laws have been broken. You may not like it but that's they way it is.

Most places I have lived loud music or talking past a certain hour can be charged as disturbing the peace. But in fact the Constitution doesn't protect you from being annoyed. It actually is more in favor of the party guy who loves to yell his fool head off after consuming too much beer.

Rick

I don't recall ever hearing anyone charged with "disturbing the peace" other than when Festus drug someone out of the Longbranch! LOL

Seems it's more specifically worded now, something like "Disorderly Conduct: ________". That term is generally connected with a variety of violations, usually someone doing something stupid and/or annoying.

I live in a relatively low crime area. The violations you listed are quickly dealt with, especially if someone complains.

But the cops go for the easy money. It's easy to go to someones house and write a citation.

It would be more difficult to chase down a loud vehicle, then prove the exhaust was too loud in court. Evidently that is something very difficult to do, I hear them all the time, I know the cops have to hear them too, some are seen and heard regularly, and NOTHING is done!!! Same with crotch-rocket motorcycles. The police are instructed not to even try to stop them, too dangerous.

As for door to door sales, I've never had one knock the door at an inappropriate hour. But I suspect if the police were called, they would be quickly dealt with.

Phone solicitors, forget it! Impossible to locate or prosecute. Nothing in it for the locals. Way, way down on their priority list.

Seems rare around me. Seems its covered by defective auto laws or If two people criminal conduct etc. Also seems many small trivial matters just go untouched one sheriff told me they have two things Drugs and domestic abuse. not much time for say a parking light out.

what about the people that let their cell phone ring playing some song for 4verses until they look at callerID

I can remember back in the 80's you got pulled over for car inspections and loud exhausts and bumper height check on jacked up trucks.
I don't think they do them anymore from all the high trucks and loud exhausts around here now.

(quoted from post at 11:34:11 07/05/16) what about the people that let their cell phone ring playing some song for 4verses until they look at callerID

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Good, I agree

(quoted from post at 08:34:11 07/05/16) what about the people that let their cell phone ring playing some song for 4verses until they look at callerID

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I support cell phone jammers in theaters and other places.

Good citizens mind their own business.

(quoted from post at 03:48:56 07/05/16) Seems rare around me. Seems its covered by defective auto laws or If two people criminal conduct etc. Also seems many small trivial matters just go untouched one sheriff told me they have two things Drugs and domestic abuse. not much time for say a parking light out.

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That's about the size of it in most areas. They just don't have the officers needed to enforce the minor laws. Heck here in a real emergency it can be 15 minutes or more before a cop gets to your place.

Rick

Here's a question for you:

Did you report these incidents to law enforcement, or are you expecting them to just magically appear out of the bushes and mete out justice to these "miscreants?" Cops can't be everywhere.