Originally Posted by cowanpp
Unless there was a decibel reading, he wasn't in violation of Mt. Vernon law. I don't know about general New York law, but if it is worded anything like that first section of the Mt. Vernon statute (the catch-all phrase) I'd say he's got an easy 5th amendment void for vagueness challenge to it. Can't have a subjective standard of loud, has to be definable and measurable so us lowly citizens can conform our behavior. Subjective standard doesn't do that.
I'm sure there is volumes and volumes of case that contrary to what you just said. The city where I work (which is about 10 minutes away from MV) had similarly worded laws regarding noise ordinances, and people are written and convicted for violating it on a regular basis. If a reasonable person would consider it disturbing the peace, then you're guilty. It doesn't have to be spelled out specifically....its all based on the standard of reasonable objectiveness.