“Makes
loud and raucous noise in the vicinity of any residence or public building
which causes unreasonable distress to the occupants thereof.”
In Hyde’s case, it
could be argued that his alleged behavior fits this definition. His loud music was arguably “loud noise,” and
it was being played arguably “in the vicinity of any residence" (i.e. his neighbor's house). However, it may be of significance that Hyde was playing the music from within the privacy of his own home--it wasn’t like he was standing
with a boom box in his neighbor’s front yard a la John Cusack in Say Anything. Furthermore, the element in which Hyde seems to have the strongest argument is the “causes unreasonable distress” element. Without knowing the specific facts of his
case, it’s hard to say for sure; but it would seem difficult to prove that the
neighbor suffered unreasonable distress based on Hyde playing his music too
loud on one occasion.
It looks like we
will have to wait until January to see how Hyde’s disorderly
conduct charge plays out. In the
meantime, for more information on this charge or others, please visit us at the
Stowers
Law Firm.

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