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By: David Rader II on June 22, 2008 @ 3:01 AM

A few neighbors have been racing their ATVs (four wheelers) and Motorcycles illegally on our street for over a week. Many neighbors have called the cops and all they do is give them warnings, over and over again. We hadn't called at all regarding this until today my wife was walking our daughter down the street when the (very loud) ATV and motorcycle raced each other producing noise so loud that our daughter grabbed her mothers leg, hid behind it, and started shaking...

This reminded me of a couple months ago when they were doing it and our daughter was sitting on our porch. One of the guys had a Dirt Bike (which is also illegal to ride on the road around here) and road down the street once again producing noise so loud except instead of shaking, our daughter screamed as loud as the day is bright.

I talked to the non-emergency police line today and they said that damaging someones hearing while illegally racing and riding ATV's down the street is not constitutional of assault. So I said if I buy I fog horn (since I don't own an ATV), walk down the street and blow it in the guys ear, would that be ok too? He said no. So apparently, it's perfectly fine to damage someones hearing with an ATV that's illegal to be ridden, but NOT ok to damage someones hearing with a can of air which is perfectly legal to buy, carry, and operate on a public street.

I understand my intentions may seem bad, but how else do I defend my daughter, other than keeping her in a house with windows shut? To me it seems, damaging someones hearing (which damages their hearing for LIFE) should be assault, in fact, worse than assault. If someone punches you, you heal. If you lose hearing, it's gone forever. I wish I could take a punch in the jaw to get the hearing in my left ear back. Apparently, it's perfectly legal to damage someones hearing as long as you do it by illegally racing motorcycles, ATV's, and dirt bikes. So if you're in a competition against someone who's winning for some reason due to their hearing, get a couple buddies and yourself some dirtbikes and race by the competition multiple times. Trust me, it's perfectly legal... If it's not, sue the Baltimore County Police Station for giving inaccurate information regarding this matter. Hey, I'm just relaying the message!

- I say this not so you'll actually do it, in fact, please don't do it.
- The reason I do say this is to illuminate a flaw in the legal system.

While we're on the subject of those baby hating neighbors, the cops have been called on them many other times for noise pollution at night (not just the motorcycles), due to the yelling, cursing, and "fight me bitch!" type remarks.

The cops said there's nothing they can do except give them warnings. There should seriously be some type of "constant nuisance law" where after one or two warnings, they begin to get fined. It's not fair that our taxes pay for these officers to "give warnings" a hundred times to the same people. The neighbors gave them warnings, they didn't listen, that's why they called the cops. What the hell is use of bothering a police officer if they're not allowed to do anything about it?

- Here's how to have a party producing illegal noise pollution and get away with it:
1. When the cops come, listen to them because they can book you for being disorderly and if you're rude to them, they will just on principal.
2. Soon as they leave, start the party, yelling, screaming and music back up. They cops can't do anything about it so long as they listen to the police officer "while he's there." So you can drain your county or cities resources by becoming a constant nuisance, because all the police can do is give you warnings!

- Once again, I say this not so you will do it, please don't. I say this also to illuminate the flaw in the law which drains not only the money spent on their time, but the time of police officers with more important matters. Do you want your taxes and police officers giving warnings to the same people all night while your local friendly store clerk is getting shot because her money drawer really wont open? Laws are not only made for the people, but they're supposed to be made BY the people.

To fix this issue I propose a "constant nuisance" law that should state that after a warning visit or two at the officers discretion, there should be a fine visit of up to $250 with a maximum of two fine visits, making total maximum fining $500. After the fining if the "constant nuisance," continues to be a nuisance, then cell holding for a night as if they were publicly intoxicated unable to control themselves, because obviously, they are unable to control themselves which makes them a danger to themselves and others. Fining these people will help stop them from doing it, pay for the inconvenience to a police officers salary (like traffic tickets), and pay for potential food/water they may need in the holding cell.

- Now I'm left in a bind for the time being... What do I do when ATVs hurt my kid without directly touching her? I suppose I can do nothing except trying to get a law enacted.

Send a note or suggestion about this to the Governor of Maryland if you wish...
http://www.governor.maryland.gov/mail/




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