LETTER: Resident claims Burien’s Noise Ordinance violates First Amendment


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[EDITOR’S NOTE: The following is a Letter to the Editor, written by a Reader. It does not necessarily reflect the opinion of The B-Town Blog nor its staff:]

Honarable Mayor Lucy Krakowiak
Councilman Austin Bell
Burien City Council et al

Please present, for your consideration, at the next city council meeting.

In regards to;
Minor Amendments to BMC Titles 9, 17 and 19, esp. 9.105.400 Noise.

(c) Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

The text “or at any time and place” which negates the “particularly between the hours of 10:00 p.m. and 8:00 a.m” is a clear violation of the freedom of speech amendment to the constitution of the United States and should be struck.

Also, the term “unreasonably disturb” has not been clearly defined to decibel level or is the issue content driven?
Both The National Endowments of the Arts and The Washington State Arts Commission supports street music and busking. What would New Orleans be without its street music? New York, to San Francisco has its revered street musicians. Seattle has its famous Pike Marketplace musicians. The Burien ordinance had no restrictions on street music. The laws must take into account all the citizens of Burien. This amendment appears to be placating to the comfort of owners or possessors of real property who are not sentient citizens, but merely property owners.

Street music is a demonstration that a city has musical culture and refinement.This change appears to be more than it is and is clear violation of the First Amendment which protects freedom of speech, the right to express any opinions without censorship or restraint. and that includes music.

Thank you for your time,

Sincerely,
Joe Moldovan

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Comments

10 Responses to “LETTER: Resident claims Burien’s Noise Ordinance violates First Amendment”
  1. Sam Smith says:

    I think Joe needs to read the law and realize that many laws are defined by ‘reasonable’ or ‘totality of the circumstance” standards. These are subjective – doesn’t mean you cannot be prosecuted for them by jury of your peers.

    Rate: Thumb up 27 Thumb down 6

    • Lainie Wadsworth says:

      Noise ordinances are based on the EPA standard of being heard 50 feet from the source of the noise. “At any time and place” includes neighbors cranking up their music, cars with radios and lack of legal mufflers so loud they can’t hear sirens, but I, more than 50 feet away, have vibrating walls and floors with ear compression to boot. Should this be okay just because it’s before 10 p.m. or after 8 a.m.? If Joe was cited for a complaint it would have been for first failing to heed a verbal warning and request to cease and desist. If it’s a neighbor we should first let them know its a problem, and a good neighbor will fix it. Our Boys in Blue have better things to do than to be called before we have to as a last resort.
      oe was cited for causing

      Rate: Thumb up 11 Thumb down 1

    • Replies to: Sam Smith. In no way do local ordinances supersede the amendments of our constitution. Also defined by ‘reasonable’ or ‘totality of the circumstance” standards is vague and subject to argument. A waste of time of a unenforceable document.

      Replies to: Lainie Wadsworth. At what level decibel (dB) is the EPA standard of being heard 50 feet from the source of the noise? At 200 feet; Aircraft=150dB, A Garbage Truck =90db, Light Auto Traffic=60dB and singing falls in at 20dB (Use the formula Lp=1/2 ln(P/P0) Np=10 LOG10(P/P0)dB (Use your logarithmic chart) These are defined numbers and not the double speak you have chosen to use. Wasting police time with frivolous ordinances is a waste of the taxpayers money and city council has more important issues (Like balance the overdrawn budget). Also, the issue is the wording “AT ANY TIME” otherwise, yes; you have to suck it up and live with it.
      a Point for B.
      Replies to:Joel A. Manning. City Council was quick to send this issue to our city attorney.
      Replies to:PamF2. Your non intellectual comment during a discussion with adults”Joe Moldvovan, don’t you have a rock to crawl under?” demonstrates why you need to be educated so that you are able to communicate with others effiecntly and concise. Perhaps your response is due to the inability to deal with a reality that is beyond your comprehension, which frightens you. Therefore your response is juvenile if not downright moronic. Moral (Don.t bring a stick to a gun fight)
      EPILOGUE: Good Burien Citizens. I am fighting for your hard fought Constitutional rights and for the sake of ART. I refuse to see them wasted away by the needs of the wealthy sentient citizens who have nothing better to do then destroy the rights that so many who died in battle to create a more perfect union. I am fighting for the rights of our future children’s rights who cannot defend themselves at this time. This is the third time I have fought this woeful ordinance. In 1960’s Burien had a law against live music. (An attempt to stop rock and roll) Why do some bureaucrats constantly attack a protected and vital ART as local music? Thank you for reading this. Have a great day, and no fear.

      Rate: Thumb up 0 Thumb down 8

  2. B says:

    None of those places have residential housing next to them.

    Rate: Thumb up 9 Thumb down 9

  3. Joel A. Manning says:

    I thought we had a council member who was an attorney and an expert in Constitutional law? You would think that she would assist in crafting such legal language, but then I remembered she is not interested in helping the council of which she is a member or the community it serves.

    Rate: Thumb up 25 Thumb down 10

    • PatHToLogic says:

      Perhaps if she were present, not Tweeting, actually in phone contact and otherwise attempting to contribute it might be of some assistance…..doubtful…. but possibly.
      Who cares

      Rate: Thumb up 15 Thumb down 6

  4. PamF2 says:

    This council reflects full disfunction, partiaisn politics.
    Tosta/Bell/Berkowitz/Armstrong all elected officals who have forgot that Burien is thier priority.

    And BTW Joe Moldvovan, don’t you have a rock to crawl under?

    Rate: Thumb up 7 Thumb down 10

  5. Seahurst resident says:

    I hope the council is going to enforce the same on Alaska Airlines with flights taking off low between these hours.

    Rate: Thumb up 15 Thumb down 1