Some Ohio University students are closely watching a proposed law that would give Athens city police more leeway to shut down loud parties.
The proposal was sent back to a committee for revision after meeting opposition from students and one City Council member. In February, the university's Student Senate voted to "vehemently condemn" the amendment, suggesting that it targets students because they generally are the ones who host outdoor parties in residential neighborhoods.
"I recognize that there's a problem with noise and being able to enforce the law that we already have," said City Councilman Elahu Gosney, who has spoken out against the amendment. "But I don't see an answer in this proposal."
As the proposed ordinance initially was written, he said, it appeared to invite "somewhat draconian and arbitrary enforcement" and "would have only served to divide the community."
City police already can cite and shut down a loud party after 10 p.m. on weekdays or midnight on weekends without a complaint from residents. Proposed changes would allow officers to take enforcement action earlier in the day without a complaint, if they observe that noise from one residence can be heard beyond its property line. Also, offenders could be jailed for up to 30 days; there is no jail time now. The maximum fine would go from $250 to $1,000.
Police Chief Richard Mayer said the amendment would let his officers shut down loud parties when a resident complains about excessive neighborhood noise but can't pinpoint the exact source. Police would be able to respond to a general complaint in a neighborhood and shut down a party if they come across it.
"There are times we respond when somebody has heard some type of noise that's disturbing their sleep or whatever," Mayer explained. To lodge a formal complaint now, he said, residents "have to be able to identify exactly where that (noise) came from."
Mayer said officers would not use the law arbitrarily.
"It's still typically going to be complaint-driven," he predicted.
After city Law Director Patrick Lang suggested that the noise amendment needed changes, it was sent back for revisions to the ad hoc committee of city officials, neighborhood-association members and OU student representatives that first recommended it.
Lang said one reason he asked for changes was that the jail term seems to him out of line with punishment for similar-level offenses. "No judge is ever going to impose jail time for a noise offense," he said.