Watertown’s first noise ordinance case goes to judge

A judge will decide soon whether a car stereo business was the first offender to violate the city’s new noise ordinance.

Fulton City Judge Spencer J. Ludington, who was assigned the case because two Watertown judges recused themselves, is considering whether car stereos at the Arsenal Street business violated the municipal ordinance and disturbed neighbors April 19.

On Friday, members of the Ryan family who filed the police complaint said they were surprised when oral arguments were unexpectedly canceled.

“We’ve been going through this for more than a year,” said neighbor Michael F. Ryan, who lives around the corner at 116 Casey St.

His daughter-in-law, Trudy A. Ryan, complained to police that she heard “a thumping noise” that shook her house April 19.

A city police officer ticketed owner Gregory J. LaDuke for violating the city’s noise ordinance. Mr. LaDuke denied installing any car stereos or making any noise from the business at 1057 Arsenal St. that he owns with his brother, Paul E. LaDuke.

In written motions, Mr. LaDuke’s attorney, Krystal Rupert, argued that the city’s new noise ordinance is “unconstitutionally vague” because it’s difficult to define what is “unreasonable noise.” She said she believes the case should be dismissed.

Ms. Rupert, who could not be reached for comment, also argued that a potential customer, not her client, may have caused the loud music from a vehicle parked at the business that day.

But Christina E. Stone, who is representing the city in the case, wrote in her motions that the ordinance “passes the constitutional muster,” contending that it is not vague as has been claimed.

She also argued that the loud thumping noise had to come from the business because it went on for more than 30 minutes.

The case had been delayed several months after both City Court judges recused themselves, citing previous dealings with the defendants.

Two weeks after the Watertown City Council passed the stricter noise ordinance, Audio Arsenal became the city’s first cited offender.

Ms. Ryan and her family brought their plight to the City Council, which on April 4 passed the new law by a 3-2 vote. Since then, the family has called police more than 20 times about excessive noise coming from the business.

The latest complaint came Oct. 22, when Audio Arsenal employee Orion S. Burke, 33, of 4400 Lewisburg Road, Natural Bridge, was cited with violating the noise ordinance after police said his stereo could be heard from his Toyota while it was parked in the Audio Arsenal parking lot between 12:05 and 12:30 a.m.

The police officer determined that Mr. Burke was turning his stereo on via a remote from inside a bar across the street, police said. He told the officer he was demonstrating his stereo to another customer, police said.

Mr. Burke also allegedly told the officer that “his boss would take care of the ticket and it would be dropped.”

He was given an appearance ticket for Wednesday.