Legal Question in Criminal Law in Ohio

Disorderly conduct Disturbing the peace

I work third shift and have a nieghbor that has a live band next door to me. He offten gets to loud and i then have to call the police to get him to turn it down.Each time the officer advises me that if he has to come back that he will cite the man for disturbing the peace but has not yet done so. I then had a meeting with the chief of police. The chief advised me that the village solicitor said that he could not cite this person because our ordence only specified loud radios and not live bands. I find this very hard to believe. I then advised the chief of the Ohio Revised Code 2917.11 also covers disorderly conduct. What I would like to know is what rights do i have? And is the village in violation of my rights for not enforcing the law?


Asked on 10/30/97, 5:33 am

1 Answer from Attorneys
Patrick A. T. West Ohio Ticket Defense Patrick A. T. West, Attorney at Law

Disorderly conduct

What you describe looks to me like a clear violation of ORC Sec. 2917.11(A)(2), "Making unreasonable noise." I would suggest to the CHief that if he refuses to enforce the law you will hire an attorney to compel him to enforce the law and then he will both enforce the law and pay your attorney's bills. See what he says to that. Show him a copy of this message, if you would like.

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Answered on 10/31/97, 6:39 pm


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