Embedded Files
Executive Summary
Executive Summary
Loud parties in Brownsburg are illegal at any time of the day.
The Law
The Law
The following acts, among others, are declared to be loud, disturbing and unnecessary noises and unlawful...
...
(B) The playing of any radio, phonograph, television or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
Legal history
Legal history
The original version of the Ordinance had the following language:
(B) The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly between the hours of 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence.
Even in its original form, the Ordinance § 93.51(B) did not place any restrictions on the time of day, as it highlighted that violations were particularly egregious during the night, but not exclusively. This is further illustrated by the legal precedents below.
1.2.8 words and phrases like "including" "specifically" and "particularly" when following any general statement, term or matter, shall not be construed to limit such general statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter;
(c) the words "include", "includes", "including" and "particularly" means "include", "includes" or "including", in each case, "without limitation";
Notably, the language was widely misconstrued by lay people and even law enforcement. However, when the issue was brought to the attention of the Town Council, and an Amendment was proposed, the Town Council agreed with the reasoning and amended the Ordinance to ensure clarity and facilitate enforcement.
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