Disturbing the peace. - Page 4
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Old 03-11-2012, 07:22 PM   #31
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I had an identical situation on Friday. The deputies showed up, etc., but they were respectful and they asked us if we were wrapping up for the day (we were) and they asked us in the future to call the non-emergency number (which they provided) to report that we would be shooting. That way when they get a call they won't have to respond in person and they can tell the caller that we are within our legal rights. We normally do not shoot the big stuff at home, but one of the neighbors had just gotten his AR build completed and wanted to shoot it after work. Not what we normally do.

There is an area nearby that has initiated a "no-shooting zone" that is enforced, this was done on a ballot initiative and put to a vote by the neighbors in Santa Cruz County (arguably more liberal and anti-gun than the Ann Arbor area).

As far as video surveillance is concerned (at least here in CA) you can record all you want, but you must post signs stating that video surveillance is in place. That way people (such as the cops) are knowingly walking into a recorded situation. As long as it is clearly posted it is legal (again, here in CA). On the other hand if you have your video camera set up on a tripod in the open and recording your range session (not surreptitiously) you do not have to turn it off, even if you are requested to do so by the officer. Again, they walked into the situation and the camera is not hidden.

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Old 03-11-2012, 07:37 PM   #32
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Here is the text in County Code that describes the area where they prohibit discharging firearms. remember, this is a rural area.

G. Situated in the county and more particularly bounded and described as follows:

Beginning at a point on the centerline of Summit Road at its intersection with the southerly prolongation of the westerly side line of Loma Prieta Avenue, said point being in the northwest one quarter of Section 25, T. 9 S, R. 1 W, M.D.B. & M., thence northerly along the said prolongation and westerly side line and continuing northerly and easterly and southeasterly to said side line’s intersection with the northerly prolongation of the centerline of Mt. Bache Road, thence southerly and westerly along the last said prolongation and centerline to its intersection with the centerline of Spanish Ranch Road, thence southerly and westerly along the centerline of Spanish Ranch Road to the intersection with the centerline of a private road known as Long Ridge Road, thence northerly along the centerline of Long Ridge Road to the centerline of Skyland Road, thence northerly along the centerline of Skyland road to the centerline of Summit Road, thence westerly along the centerline of Summit Road to the point of beginning.

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Old 03-11-2012, 09:07 PM   #33
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I worked a 12 hour night shift for a few years. I was most appreciative for a neighbor who stopped cutting the grass when I had to work so I could get something resembling sleep when I asked him.

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Old 03-12-2012, 12:50 AM   #34
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I can see them asking you do do that Vikingdad. That would save them the time, fuel and trouble of having to respond in the first place. The officer Josh had dealings with could have made the same suggestion. I've told several people complaining about someone shooting outside the city limits (or even inside if they had a good reason, i.e. shooting coyotes or stray dogs that were after after their livestock that their neighbor had a legal right to protect their property from damage just as they would.

Vincine, I am pretty sure that if the complainant in Josh's situation worked the night shift and come and asked him or his dad to please not shoot except on his off days instead of calling the police he would have honored that request. If the complainant worked night shift they must not have mentioned it to the dispatcher, or else the officer would have more than likely mentioned it.

I worked night shift for several years as well, but I guess the good Lord created me where loud noises don't bother me, but I'll wake up at softer noises that are out of the ordinary. Of course having a major rail way line within 100 yards of my door and an ambulance office within 75 yards has made me be able to tone it out.

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Old 03-12-2012, 01:02 AM   #35
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Good fences; perhaps more hedges and bushes and trees between

you and the complaining neighbor might help.

Perhaps you could find another way to channel the noise away

from the offended neighbor- be creative- anything which will

reflect sound may help.

Back the truck up, the neighbor didn't use 911 for this

particular complaint, did they? Noise ordinance violation is

not a life threatening emergency...

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Old 03-12-2012, 01:07 AM   #36
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I would ask the landowners to let the neighbors know that there will be occaisional range sessions that are legal; the landowner is probably more familiar with the neighbors and could probably make a good impression by expression serious indignation/embarassment at the police visit.

In the future, perhaps a call to alert the sensitive neighbor to harmless target practice and a call to the local constabulary for the same purpose.

edit* basically what Viking said, more-or-less.

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Old 03-12-2012, 02:39 AM   #37
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Quote:
Originally Posted by Josh1158 View Post
I think your rite about that. Can I go to jail for disturbing the peace?
Your second post indicated that the Sheriff said you were not breaking any laws. I am still pretty sure you cannot go to jail in the USA if you are not breaking any laws.
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Old 03-12-2012, 03:04 AM   #38
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I think the Sheriff was trying to say that there are no laws against simply shooting the guns. But disturbing the peace is more like beauty in the eye of the beholder. The way to avoid the disturbing the peace beef is to persuade the complainer to stop complaining. The other option is to go ahead and shoot anyway. If you get arrested for disturbing the peace, a good lawyer can probably get you off. Probably doesn't sound too appealing to me. I would choose the first option, talk to the neighbor, talk to the Sheriff about FYI calls, etc.

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Old 03-12-2012, 03:14 AM   #39
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Be good Vikingdad and do what you are told. It sounds just like where we live. Stalag 13.

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Old 03-12-2012, 03:23 AM   #40
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The neighbor moved in last month. I dont know anything other then that. Im going to go to the town hall next time I'm out that way and get a copy of the townships ordinance on noise and disturbing the peace. If there isn't anything that says I can't shoot in the afternoon I'm going to respectfully refuse to stop. If im not breaking any laws or ordinances they can't tell me to stop.

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