Posted by Hay hay hay on July 04, 2016 at 16:56:35 from (98.23.91.204):
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?
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