Forest, MS

http://www.sctonline.net/articles/2006/05/17/news/local/news41.txt

Local Cities Examine Noise Problems

By CHRIS ALLEN BAKER, Times News Editor

Wednesday, May 17, 2006 5:40 PM CDT

The loud shake, rattle and roll of car stereos has area residents singing a

frustrated tune, asking that something be done to curb an ongoing noise

problem in two area cities.

Residents' tune of frustration was discussed recently during regular

meetings of the Mayors and Boards of Aldermen in Forest and Morton.

Officials of both cities are investigating options of strengthening policies

to regulate noise generated from music devices.

Without municipal noise ordinances in place, all both cities have to rely on

is disturbing the peace laws on the state level. According to the Scott

County Justice Court, state law provides for a minimum of $25 and a maximum

of $500 in fines or six months in jail, or both. Justice Court Judge Robert

Wilkerson said the state leaves much of the decision in the discretion of

judges.

In Forest, the mayor and board are working with Police Chief Mike Lee at

ways to bring the noise problem under control.

"We just need people to play their music at decent levels, not where their

music can be heard three blocks away," Lee said. "The music should be played

for the vehicle only, not for others."

Lee said the problem has been ongoing for approximately four to five years

and most of the offenders are teenagers. The problem has progressed in step

with technology of amplifiers and car stereos, he said.

"The problem we're having is that the equipment in the vehicles is made to

be extremely loud and the music is being played that way. It is causing a

disturbance," Lee said. "Prices have come down on that kind of equipment to

where it is more affordable than it once was."

The problem sometimes appears to intensify during periods of warmer weather

when car windows are rolled down with stereos turned up, Lee said.

"It's gotten to the point where we definitely have to start thinking about

looking at a noise ordinance," Lee said. "We have to get aggressive. Other

cities have had problems like this and we are not going to let our city go

the same way."

Lee said enforcing a noise ordinance could include regulating what kind of

equipment can be allowed in vehicles. It would be similar to current state

law that determines what kind of window tint is allowed, he said.

The City of Morton as one of the other cities as the same issue,

particularly in regard to stereo equipment known as "boom boxes" that have

proven to be a problem. Residents have attended Morton board meetings to

address the issue over the past several months.

Earlier this month, city officials discussed an increase in ticket fines for

repeat offenders.

Hez Hollingsworth, attorney for the city of Morton, said last week the

Morton board had asked him to investigate other cities' noise ordinances and

to report to the board with options and recommendations on further action.

However, there are limits to what state law allows city officials to do in

regulating noise problems, Hollingsworth said.

"You cannot overstep what state law allows," Hollingsworth said in setting

city policies. "You cannot take stereo equipment away in Mississippi,"

Hollingsworth said.

In Forest, Lee stressed that stricter enforcement would be balanced with a

degree of discretion.

"We want to work with everyone on this and ask for cooperation and

understanding," Lee said. "The main thing is simply for people to observe

other people's privacy."

Lee said the problem also includes safety concerns when music is played too

loudly in public.

"Emergency sirens cannot be heard and train whistles are harder to hear when

a stereo is played too loudly," Lee said. We have had issues when someone

blew a car horn to keep from another driver hitting them, but the horn could

not be heard over a loud stereo. There are definitely some safety issues

involved here."

Lee said most offenders have cooperated when approached by officers asking

that a car stereo be turned down.

"Most of them instantly turn down their stereo when they see one of our

patrol cars or if they are approached by an officer," Lee said. "Most of

them are polite and understanding."

Although not many, there are some repeat offenders and some who have not

been caught, the chief said. While the problem appears to be across the

board in the various neighborhoods, Lee said there are some particular

trouble spots and special tactics are being used. Lee asked for help from

residents to report incidents with descriptions of vehicles and persons,

including tag numbers if possible.

"People can call in and report problems," Lee said. "They can file an

official charge if they want to, but we would need them to testify if they

did so." Lee said if complainants wanted to remain anonymous, the police

would still need their information with their identities remaining

confidential.

Additional charges including public profanity can apply if the loud music

causing a disturbance includes profane lyrics, Lee said.

"I am a music lover too but honestly, there are some songs I wouldn't want

my children to hear because of the language," Lee said.

"Again, we want to work with everyone, but the problem has persisted and we

are at our wits end," Lee said.