Does Unlawful have a Set Meaning to the APD
Government Not Following Own Laws
On numerous occasions, one can hear citizens complaining about the government. One of these complaints is the governmental structure does not adhere to its own laws. It may be more obvious to see this occurring on a national and state level because of the mainstream news, but in many cases it can be difficult to see this in a more local government.
Alliance, Neb. is a good example of such selective law enforcement and government policy. Many of the sections, chapters and so forth in the municipal code utilize the word “unlawful.” The police appear to be unable to do something about some things that are unlawful, but they still have the power to do something about other unlawful acts.
One good example is the city’s municipal code regarding nuisances-loud noises. Police Chief John Kiss stated a police officer’s peace cannot be disturbed; therefore, the police are unable to do anything about overly loud noise emanating from vehicles. In order for the police to act, someone must call them and complain. A passing cruiser can do nothing until then.
Even at this point, the police do no more than go and ask the inconsiderate motorists to be quiet, or to go and tell a neighbor with incredibly loud noise to please stop. Beyond that, they appear to have no ability or authority to protect this peace of city residents.
A former Lieutenant of the APD explained one must file a formal complaint, which will entail a court appearance and testimony, to make someone reduce the decibel level of the noise they produce on a frequent basis.
The City of Alliance has a municipal code concerning this issue. The definition of the word “unlawful” is added below in place of the word unlawful. In the ordinances, the seperated sections are the given definition of unlawful in the place of the word unlawful.
Sec. 26-58. – Loud and disturbing noises.
(a) It shall be (unlawful)
- acting contrary to or in defiance of the law or disobeying or disregarding the law
for any person to drive a motor vehicle or motorcycle within the city in such a manner that it creates or causes loud, disturbing, unnecessary, or unusual engine noises or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others.
With the Alliance municipal code containing such a section as this, it is rather clear noise from vehicles is acting in contrary to or in defiance of the law. If something is against the law, how can the police say there is nothing they can do with overly loud neighbors or vehicles?
Many other sections of the municipal code utilize the word unlawful. One example is the city’s stance on false fire alarms.
Sec. 22-51. – False alarms; unlawful.
It shall be (unlawful)
- acting contrary to or in defiance of the law or disobeying or disregarding the law
for any person to intentionally and without reasonable cause raise any false alarm of fire by any means.
Does the word unlawful have the same definition in the first municipal code listed as the second? Nothing in city municipal code or state statute provides more than one definition for the word. Logic then dictates both codes utilize the same definition.
Former City Manager J.D. Cox once explained if Nebraska law does not specifically say the government and law enforcement can do something, it cannot. State law has to say a statute or municipal code can do something before it can.
If this is the case, and the police cannot do something if the state does not say it can do it, section 26-58 must either be enforceable or improperly written. This was brought into being by Code 1986, § 3-308; Ord. No. 2578, 9-27-2007. Unfortunately the city council agenda and minutes are not provided online as are those from 2008 to explain the passing of this ordinance.