Raleigh Police officers now have the ability to write civil citations for noise and party violations.
Jim Sherue, the public information officer for the Raleigh Police Department, said those accused are then left to choose either to pay a fine or challenge the charge.
“People have the option of paying the fine or appealing the violation,” Sherue said.
Sherue warned officers can still write criminal citations if they deem necessary, but for the most part, civil citations will be the new norm for noise and party violations. In fact, Sherue said there are still a handfull of officers not trained on writing the civil violations even though the ordinance creating the civil citation was enacted on July 1.
According to Chapter 5, section 12-5001 through -5011 of the Raleigh Municipal Code, between the hours of 11 p.m. and 7 a.m., the volume of noise emitting from a residence cannot exceed 45 decibles.
The civil penalty for breaking this ordinance is a $100 fine to be paid by any person violating the ordinance. However, if criminal penalties are deemed necessary then the person deemed guilty of the misdemeanor can either be held for 30 days in jail, or be fined $500.
Even if the party you are at is subject to a visit by the police, the officers will use their discretion to either warn the party to turn the music down, dole out civil citations or press criminal charges, according to Sherue.
“Contrary to popular belief, police don’t exist to write tickets,” Sherue said. “What we are going for is voluntary compliance.”
Jason Hibbets is the organizer of the Lineberry Alliance, a collection of different home owners associations in the Raleigh area.
Hibbets, an alumna, said he welcomes the Noise and Party Ordinance and is working to help college students understand what they mean.
“Some of this stuff I would have loved to have known [when I was in college],” he said, “rather than have to find out by a police officer knocking on my door at 1 a.m.”
He said the ordinance is something everyone seems to be confused about.
“Initially concerns were about neighborhoods that were getting out of control,” Hibbets said.
Sherue said the switch to civil citations will be used to better figure out where problems areas are.
Hibbets said he and his family just want to have a high quality of life, and the noise ordinances are helping in that desire.
In an e-mail to members of the Lineberry Alliance dated Aug. 17, 2009, Hibbets said he was told by Raleigh Police there were nine party violations in the weekend of Aug. 14-16 and the biggest nuisance parties were on Voyager and in Trailwood Hills.
Student Body President Jim Ceresnak urged students to avoid situations which could potentially lead to them getting a ticket.
“Students are going to have a good time, students are going to party,” he said. “You’ve got to be responsible and try and avoid situations where you could potentially be issued a ticket of that sort.”
Ceresnak, a senior in political science, said he felt the police are well within their right to punish those who break the law.