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Old 09-13-2012, 02:19 PM   #1
Bucktail
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Originally Posted by ishoot308 View Post
The problem is no one is breaking the law by playing loud music during the day. Marine Patrol can't do anything about it... Common courtesy and respect for others should prevail but...well you know the rest.

Dan
There are noise and public disturbance stautues in place to protect public places. MP has confirmed and can enforce them.
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Old 09-13-2012, 06:18 PM   #2
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I would think if you just waded on over, introduced yourself, complimented his stereo & music (ya know, small talk)..THEN..tell him about your 1 year-old niece, who is FINALLY napping up-under the bow.. Bet he turns it down pronto. Without even asking him to..
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Old 09-14-2012, 01:18 AM   #3
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Originally Posted by Bucktail View Post
There are noise and public disturbance stautues in place to protect public places. MP has confirmed and can enforce them.
Once you have a MP officer try and write a summons for what they would need to "enforce" it becomes a criminal complaint. That ups the ante and is why a radio being too loud can't just be some subjective criteria or it will get bounced before it ever passes go. Just the wind blowing can change how little or much you hear of a radio.

So what about the radio a property owner has on their dock that I can hear from my boat, want to nail them too? I'm hate when some guy puts the radio up too loud but I'm also willing to go ask them to turn it down. It's all in how you ask. MP has some leeway but when they cross the threshold to write a summons, they have to have articulation that is very, very hard to support in court. If they fills the courts with too many of these types of cases the judges and prosecutor won't look too kindly.

As to your other post, you said, "The best option is to call the Marine Patrol, they will respond, break up the rafts, do a safety inspection..."

So if your goal is "peace and quiet" then why the safety inspection? You've been called out and I'm calling a spade a spade. You want MP to harass anyone that doesn't do as you want. Welcome to reality

As for "rafts", sorry but they are just not that prevalent and being tied together does not equate to loud music. What you want is to limit people's ability to socialize and congregate and now you're stepping on to constitutional grounds.
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Old 09-14-2012, 11:50 AM   #4
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Once you have a MP officer try and write a summons for what they would need to "enforce" it becomes a criminal complaint. That ups the ante and is why a radio being too loud can't just be some subjective criteria or it will get bounced before it ever passes go. Just the wind blowing can change how little or much you hear of a radio.

So what about the radio a property owner has on their dock that I can hear from my boat, want to nail them too? I'm hate when some guy puts the radio up too loud but I'm also willing to go ask them to turn it down. It's all in how you ask. MP has some leeway but when they cross the threshold to write a summons, they have to have articulation that is very, very hard to support in court. If they fills the courts with too many of these types of cases the judges and prosecutor won't look too kindly.

As to your other post, you said, "The best option is to call the Marine Patrol, they will respond, break up the rafts, do a safety inspection..."

MP harassing people is in reality protecting the rights of others who themselves harassing people. People can congregate and socialize all they want, rafting is prohibited, (constitutional grounds is a joke) for safety reasons (i.e. broken neck evacuation in Braun Bay). Rafting typically causes things to escalate and Grandpa loses track of his volume...

MP are very reasonable in how they approach this, I think they are aware of the constitutional boundaries.

I am only asking that MP enforce the existing laws and allow my peace. I am not sure you are calling me out on anything other than disagreeing with you.

So if your goal is "peace and quiet" then why the safety inspection? You've been called out and I'm calling a spade a spade. You want MP to harass anyone that doesn't do as you want. Welcome to reality

As for "rafts", sorry but they are just not that prevalent and being tied together does not equate to loud music. What you want is to limit people's ability to socialize and congregate and now you're stepping on to constitutional grounds.
What you refer to as MP harassing people is in reality protecting the rights of others who themselves are being harassed by the loud music. People can congregate and socialize all they want, rafting is prohibited, (constitutional grounds notwithstanding) for safety reasons (i.e. broken neck evacuation in Braun Bay). Rafting typically causes things to escalate and Grandpa loses track of his volume...

MP are very reasonable in how they approach this, they are aware of the constitutional boundaries.

I am only asking that MP enforce the existing laws and allow my peace. I am not sure you are calling me out on anything other than disagreeing with you, but if it makes you feel smart, so be it, I am called out.
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Old 09-14-2012, 12:19 PM   #5
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Rafting is only prohibited in certain areas, it's perfectly legal to raft in front of the Margate.

I don't think rafting laws are a constitutional issues. Basically they restrict parking (for boats) in a public park. People have the inalienable right to congregate, boats do not.

Do you really think rafting has anything to do with some poor soul breaking his neck in Braun Bay?

So if someone is rafted up in front of the Margate in broad daylight with the music blasting. When the MP get there what will they do? They can ask you to disperse or turn the music down but absent a real danger, they can't arrest anyone.

No crime is being commited. Being a loud jerk is not a crime. Rafting there is no crime, loud music during the day is no crime.
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Old 09-14-2012, 09:04 PM   #6
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Rafting is only prohibited in certain areas, it's perfectly legal to raft in front of the Margate.

I don't think rafting laws are a constitutional issues. Basically they restrict parking (for boats) in a public park. People have the inalienable right to congregate, boats do not.

Do you really think rafting has anything to do with some poor soul breaking his neck in Braun Bay?

So if someone is rafted up in front of the Margate in broad daylight with the music blasting. When the MP get there what will they do? They can ask you to disperse or turn the music down but absent a real danger, they can't arrest anyone.

No crime is being commited. Being a loud jerk is not a crime. Rafting there is no crime, loud music during the day is no crime.
jrc, when rafting rules are written such that they forbid people access to public areas (ergo, 150 ft no anchor from shore even for a single boat) it absolutely is a constitutional issuse. I was lining up to sue the state and my wife all but put the lid on it. Once I start a fight, I'm all in and she knew it

Look at it this way. If rafting promotes "safety" and "water quality" improvement then why do they exist only in certain areas.

The challenge is courts side with States. Most likely the case would go to the NH Supreme court after lower court sides with the State. Long battle to wage. I pull no punches here, trsut me when I tell you I was THIIIISSS close to going forward with it.
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