Posted: 12/16/2015 9:01:17 PM EDT
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Meriwether County is prosecuting a gun shop & range for violation of a noise ordnance. The range was opened in 1991 with zoning compliance. The Noise Ordnance was passed in 2005. No where in the ordnance does it mention gunfire. If they are successful in this prosecution nobody in Meriwether county will be able to shoot on any land. No deer hunting, No new 4H range, No dove or quail hunting. No coyote hunting to protect your valuable live stock.
Call the County Attorney and stop the stupidity.(706) 672-1302 THe noise ordnance is on Municode for Meriwether County Appendix A Sec. 5.5-28. - Noise control. |
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Sounds like part of a larger liberal conspiracy.
You can have your gun, you can have cases of ammo for it too, but heaven forbid you pull the trigger and make it go BANG, and we'll put you under the jail!!! I have a hard time seeing this one sticking. What happens if your car accidentally backfires? Go directly to jail, do not pass go, do not collect $200??? Stupider stuff has held up though..... |
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Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. |
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http://meriwethercounty.elaws.us/code/coor_apxid208550_ch5.5_artii_sec5.5-28
§ 5.5-28. Noise control
Latest VersionUpdated Version Latest version. (a) Purpose. This section is enacted to protect, preserve and promote the health, safety and welfare of the citizens of Meriwether County through the control of noise. It is the intent of this section to establish standards that will reduce excessive community noises, which are harmful and otherwise detrimental to individuals and to the community in the enjoyment of life and property and in the conduct of business. (b) Sound measurement standards for law enforcement personnel. For the purposes of this section 5.5-28, "plainly audible" shall mean any sound emanating from the specific sound-producing sources set forth below which can be heard from the distances set forth below, using the following sound measurement standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the required minimum distance from the source of the sound. For music and other noise, words and phrases need not be discernable. For music and other noise, bass reverberations are included. (c) Prohibited conduct. (1) Restrictions of 300 feet for 7:00 a.m. through 8:00 p.m. Sunday through Thursday and 7:00 a.m. through 9:00 p.m. on Friday and Saturday. a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate or permit to be played, used or operated any radio receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet of more from the building, structure or vehicle, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday. b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the place, building, structure, or in the case of real property, beyond the property limits, in which the person is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday. c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the source of the sound cast upon the public streets or other public property or from the building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday. d. Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or social event to produce noise in such a manner that such noise is plainly audible at a distance of 300 feet or more from the building or structure from which the noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 7:00 a.m. and 8:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 9:00 p.m. on Friday and Saturday. For the purposes of this subsection, a "person in charge of a party or other social event" shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any combination thereof, as described in paragraphs a. and b. above. (2) Restrictions of 100 feet for 8:00 p.m. through 7:00 a.m. Sunday through Thursday and 9:00 p.m. through 7 a.m. on Friday and Saturday. a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate or permit to be played, used or operated any radio receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet of more from the building, structure or vehicle, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday. b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the place, building, structure, or in the case of real property, beyond the property limits, in which the person is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday. c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the source of the sound cast upon the public streets or other public property or from the building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday. d. Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or social event to produce noise in such a manner that such noise is plainly audible at a distance of 100 feet or more from the building or structure from which the noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 8:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 9:00 p.m. and 7:00 a.m. on Friday and Saturday. For the purposes of this subsection, a "person in charge of a party or other social event" shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any combination thereof, as described in paragraphs a. and b. above. (3) Exclusions. The prohibitions of this section shall not apply to the following: a. Noises or sounds caused to be made by manufacturing or governmental entities in the normal course of their business; b. Sound volumes produced by radio, tape player, or other mechanical sound making device or instrument from within a motor vehicle on a street or highway, which sound is controlled by O.C.G.A. § 40-6-14; c. Noises or sounds made by law enforcement and other public safety officials performing their public functions; d. Noises or sounds made by domestic animals; e. Noises or sounds made by livestock; f. Noises or sounds emanating from any official elementary or secondary school event (public, private, or parochial school) on property for which a school is an authorized use established in appendix A zoning ordinance as amended 2006; g. Noises or sounds made between the hours of 6:00 a.m. and 9:00 p.m. emanating from any authorized use in the agricultural district (A-1) established in appendix A zoning ordinance as amended 2006; h. Noises or sounds made by irrigation equipment or spraying equipment; i. Noises or sounds made during a state of emergency declared pursuant to section 6-4 of the Code of Ordinances, Meriwether County, Georgia. j. Noises or sounds made between the hours of 6:00 a.m. and 9:00 p.m. by use of tractors, motorized vehicles, or motorized landscape maintenance devices (including, but not limited to, leaf blowers, lawn mowers, or chain saws); k. Construction noise of any type (including, but not limited to, erection, excavation, demolition, alteration, or repair of any building, as well as the operation of any earth-moving equipment, crane, saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any similar equipment) made between the hours of 6:00 a.m. and 9 p.m.; or l. Noises or sounds caused by authorized uses in the industrial district (I), commercial industrial district (CID), and planned industrial district (PID) established in appendix A zoning ordinance as amended 2006. (d) Penalties. Any person violating the provisions of this section shall be punished as provided by Section 1-11 of the Code of Ordinances, Meriwether County, Georgia. (e) Severability clause. A determination of the invalidity or unconstitutionality by a court of competent jurisdiction of any clause, sentence, paragraph, subsection or part of this section shall not affect the validity of the remaining parts of this section. (Ord. No. 2012-03, 3-27-12) |
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Quoted:
Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. Quoted:
Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. Yup, what JLW said. The county is enforcing only 4 catagories of noises in this code section. Firearms do not fall into any of those 4 catagories. The only thing even close would be: a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate or permit to be played, used or operated any radio receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise.... <snip> With tortured logic, "Mechanical sound-making devices", could be construed to mean a firearm, as it is mechanical, and makes a sound. But, when the code goes on to list examples of such mechanical devices, each of those listed are electronic devices manufactured primarily for the creation of sounds, which in no way desribes the function of a firearm. Furthermore, firearms are certainly not "machines or devices for the producing, reproducing or amplifying of sound and/or noise." Firearms are for the shooting of projectiles. Now, by the same token, if you were out there shooting blanks, then one could make the case that the firearm was acting as a "Mechanical sound-making device", as the primary function of the firearm, in that particular instance, is one of simply making noise, with no other appreciable function. Sounds like a countersuit for frivilous litigation (or the O.C.G.A. equivilent) might be in order, to make someone think twice before trying something this silly again. |
| Sounds like they face an uphill battle: http://law.justia.com/codes/georgia/2014/title-41/chapter-1/section-41-1-9/ |
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Sounds like they face an uphill battle: http://law.justia.com/codes/georgia/2014/title-41/chapter-1/section-41-1-9/ I was going to mention this, they should counter sue for any costs incurred to defend themselves. Do they not have a county attorney capable of understanding the law? 
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Quoted:
Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. Not to mention you can't retroactively apply a noise ordinance to an already existing range. |
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Quoted: Not to mention you can't retroactively apply a noise ordinance to an already existing range. Quoted: Quoted: Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. Not to mention you can't retroactively apply a noise ordinance to an already existing range. |
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We all agree but the county Attorney and Zoning director don't. By the way the Sheriff agrees with JLW. A counter suit is certainly up for consideration.
Please spread the word to anyone living working or hunting in Meriwether CO. If they are successful in this prosecution they can then use it to prosecute anyone in the county that fires a gun. I went to help Joe fight also. |
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Quoted: We all agree but the county Attorney and Zoning director don't. By the way the Sheriff agrees with JLW. A counter suit is certainly up for consideration. Please spread the word to anyone living working or hunting in Meriwether CO. If they are successful in this prosecution they can then use it to prosecute anyone in the county that fires a gun. I went to help Joe fight also. Power corrupts. Absolute power corrupts absolutely. We should all offer to help even if it's sending a few bucks for defense as whether you know it or not, success on the .gov part could be used as precedent elsewhere in the state. Make no mistake, hoplophobes will use methods like this to push their agendas. |
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Ask Joe at Creekside about that. Quoted:
Quoted:
Quoted:
Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. Not to mention you can't retroactively apply a noise ordinance to an already existing range. Word. We packed the shit out of that council room. |
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Quoted: We all agree but the county Attorney and Zoning director don't. By the way the Sheriff agrees with JLW. A counter suit is certainly up for consideration. Please spread the word to anyone living working or hunting in Meriwether CO. If they are successful in this prosecution they can then use it to prosecute anyone in the county that fires a gun. I went to help Joe fight also. Which court handles local ordinances there? |
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Power corrupts. Absolute power corrupts absolutely. "All governments suffer a recurring problem: Power attracts pathological personalities. It is not that power corrupts but that it is magnetic to the corruptible. Such people have a tendency to become drunk on violence, a condition to which they are quickly addicted." Jesus was powerful...it doesn't ruin good men. |
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Quoted:
Ask Joe at Creekside about that. Quoted:
Quoted:
Quoted:
Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. Not to mention you can't retroactively apply a noise ordinance to an already existing range. Didn't that occur before the 2014 range defense legislation? |
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It is the superior court of Meriwether county. He requested a jury trial. I am not familiar with a 2014 range defense legislation. please provide a link on it Quoted:
It is the superior court of Meriwether county. He requested a jury trial. I am not familiar with a 2014 range defense legislation. please provide a link on it It's the link Matthew posted: Quoted:
Sounds like they face an uphill battle: http://law.justia.com/codes/georgia/2014/title-41/chapter-1/section-41-1-9/ ETA: From the GA Carry page it seems it's been around since 97' but I seem to remember something recently being added to strengthen this, trying to figure out what it was. |
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The range is Fullers Gun Shop 1738 Upper Cove Rd Woodbury ga
That link it to the Range Protection Act. been around since 97. I will re- read it. have another meeting soon about this boondoggle. I did find out that the DA is from Cowetta Co. and they have in their code of ordinances that neighbors can complain and get a range shut down. This still would not apply to Meriwether Co and would not apply to this range because it predates the ordnance.Per state law. One of the country commissioners has a farm/feed store that also sells guns. The county just approved the building of it's own public range and accepted 25K from the NRA , 75K from the DNR from the Pittman Roberts fund for building the new range. Meanwhile a good man sits in Jail because of this garbage. |
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Quoted: Meanwhile a good man sits in Jail because of this garbage. What? They took him into custody and put him in jail over an ordinance violation? Ordinance violations are typically charged via a citation much like a traffic ticket? If he's in jail, what is his bond, and is he choosing not to make it? Also, the DA is handling the case? That's not typical either. |
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That was BS, and the neighbors around the range were full of crap.............
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Ask Joe at Creekside about that. Quoted:
Quoted:
Quoted:
Gunfire does not have to be specifically mentioned; however, the wording of that ordinance would not be applicable to gunfire as firearms do not fall into the definition it lists. That ordinance discusses sound amplification devices, human produced sounds, and party noises. Not to mention you can't retroactively apply a noise ordinance to an already existing range. |
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The range is Fullers Gun Shop 1738 Upper Cove Rd Woodbury ga That link it to the Range Protection Act. been around since 97. I will re- read it. have another meeting soon about this boondoggle. I did find out that the DA is from Cowetta Co. and they have in their code of ordinances that neighbors can complain and get a range shut down. This still would not apply to Meriwether Co and would not apply to this range because it predates the ordnance.Per state law. One of the country commissioners has a farm/feed store that also sells guns. The county just approved the building of it's own public range and accepted 25K from the NRA , 75K from the DNR from the Pittman Roberts fund for building the new range. Meanwhile a good man sits in Jail because of this garbage. Well as I asked above . Here is the answer ,. I would bet good money there are no complaints . Just using the government to get rid of competition . Great business plan |
| The original tickets were for noise but since thy could not make it stick. The county change their mind and prosecuted him for a business license violation and some other BS that does not make sense.He and the previous owner have both held current business license since 1991. He posted bond and kept the range open. The county then revoked the bond and he spent a week in the jail. got out today The business License violation is for training. and running a range that is not listed on the license. There were never any restrictions listed for the zoning or business license. SOP for the state of Ga is 1 business license for a gunshop.. I checked several other business that offer shooting sales, training and range use and none of them have a separate license. Zoning is A1 which is the same as the other 2 ranges in the county. |
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Quoted: The original tickets were for noise but since thy could not make it stick. The county change their mind and prosecuted him for a business license violation and some other BS that does not make sense.He and the previous owner have both held current business license since 1991. He posted bond and kept the range open. The county then revoked the bond and he spent a week in the jail. got out today The business License violation is for training. and running a range that is not listed on the license. There were never any restrictions listed for the zoning or business license. SOP for the state of Ga is 1 business license for a gunshop.. I checked several other business that offer shooting sales, training and range use and none of them have a separate license. Zoning is A1 which is the same as the other 2 ranges in the county. What is the other "BS"? He did not go to jail over a business license. That is not a criminal charge. The county also can't simply revoke a bond. The only way that happens is a violation of bond conditions or the person who signed the bond returns the person to custody. What specifically are the charges? |
| Charges are violation of 13.26 Occupational Tax or business license. Which he has since 1991. and Zoning violations 7.3 " Permitted uses" The county has no record of the changes the previous owner and several witnesses testified were made. The county commissioners meeting minutes were cut out of the book when we did a open records request. No written proof either way. The zoning director was not in his job in 1991. The complaining neighbors all moved in after 1991. No restrictions were ever recorded on the property or any of the other properties used for a gun range in the county. The complaints started in 2014 we the business started more advertising and working with others to promote shooting. It just took a few years for the marketing to take hold. |
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Quoted: Charges are violation of 13.26 Occupational Tax or business license. Which he has since 1991. and Zoning violations 7.3 " Permitted uses" The county has no record of the changes the previous owner and several witnesses testified were made. The county commissioners meeting minutes were cut out of the book when we did a open records request. No written proof either way. The zoning director was not in his job in 1991. The complaining neighbors all moved in after 1991. No restrictions were ever recorded on the property or any of the other properties used for a gun range in the county. The complaints started in 2014 we the business started more advertising and working with others to promote shooting. It just took a few years for the marketing to take hold. Okay, those are not criminal charges from the OCGA. It is very odd that he was jailed over such ordinances. District Attorneys don't typically prosecute local ordinances. You mentioned that his bond was revoked. What specifically were the reasons for this? Typically this requires a violation of bond conditions or a subsequent violation. |
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Apparently the neighbors were PO since the lawyer we have got most of the charges dropped so they started harassing the DA to stop the shooting. The business License violations were the results. The don't mention shooting in particular. Since this is so much from the normal trial and we already have had unfair treatment buy the county magistrate court the lawyer requested a jury trial. No trial yet just more harassment buy the zoning director and the DA.. It all boils down to the county says there is no range allowed on the property but they can't prove any restrictions were ever put on this property or any property in the county. No zoning against gun fire, shooting or a range anywhere in the code section of the county.
To me no proof means innocent. especially when we have several witneses that proof the previous owner follow the rules to get the business started legally in 1991 |
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Scott, My apologies for being redundant, but my questions aren't being answered. You mentioned that is bond was revoked. What was the specific reason the bond was revoked? Again, that typically requires an additional violation or a violation of the bond conditions. The prosecution can't simply revoke a bond. We've gone from noise ordinance violations to sitting in jail to bond revocations to business license violations. District Attorneys typically do not handle ordinance violations, but you have mentioned the DA several times. Are you interchanging the terms county attorney and district attorney? These are not the same position. The county attorney is appointed by the board of commissioners and is the county's lawyer. The District Attorney is elected. You've used both terms in relation to this case. Perhaps a timeline with exact charges, names of the officials involved, reasons for bond revocation given at the bond revocation hearing, etc, would be helpful. |
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I was told the bond was revoked because he kept running the range just like he has since he bought it in 2007. No problems until 2014. In court the judge said state of Ga vs the guys name. Our lawyer informed me it was an Assistant to the DA. on the other side. It did start off with the county attorney but we got those charges thrown out. I think that is why it was elevated to the DA office.
See why it makes no sense to a logical person. |