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To: sten

This one is pretty straightforward.

The local noise ordinance establishes a 55 db limit.

If the ordinance, or the associated regulations, contains a clause that specifies the distance, then it's a law of general application that applies to everybody, irrespective of whether they are churches, businesses, individuals, wolves howling at the zoo or what have you.

If the ordinance or the regs do not contain a distance feature, the law is too vague and can be challenged in court and beaten. Of course, then all the town has to do is to fix the ordinance by inserting a distance measure to go with the decibel limit.

There's no religious issue here, or any constitutional rights issue here at all, really, except maybe one. It's a pure state's rights issue. States and their municpal subdivisions have the general police power, and can pass noise restrictions.

I suppose the one POSSIBLE argument from a Constitutional level is that any sort of noise restriction is a restriction on free speech/free expression of religion.
But that's nutty, because it knows no natural limit.
Can Indians use hallucinogenic mudrugs because they say their religious ritual requires it? No. The general drug laws override those specific religious needs. Likewise with noise. Of course, trying to take away Catholics' communion wine during Prohibition would have brought Prohibition to a screeching halt a lot earlier, so there is a realism factor here as to what general laws of government can presume to alter ancient practices of great big religions.

Catholic Church bell carillions don't fall within that "ancient practice" practical exception. Particularly not electric bells in suburban residential neighborhoods.


22 posted on 12/01/2006 8:16:22 AM PST by Vicomte13 (Aure entuluva.)
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To: Vicomte13

I would have no problem with them enforcing such a statue (getting passed the government laws governing a church in the face of the 'separation of church and state')... just as soon as they enforce those same laws on motorcycles, sporting events, and airplanes.


31 posted on 12/01/2006 8:23:59 AM PST by sten
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To: Vicomte13
The local noise ordinance establishes a 55 db limit.

Which preceded the other, the ordinance or the church bells?

Cordially,

35 posted on 12/01/2006 8:26:53 AM PST by Diamond
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To: Vicomte13

Isn't 55 pretty low?? What's a gas powered mower?


123 posted on 12/04/2006 7:44:54 AM PST by Sacajaweau
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