HORN LAKE, MS (abc24.com) - Horn Lake has a tough noise ordinance, even if it doesn’t say how loud is too loud. Now the ice cream man has to pay a large fine and some residents say the ordinance goes a little too far.
The sounds of summer may be too loud for the town of Horn Lake. Resident Vera Murphy says, "I can't understand why somebody would report an ice cream truck... The children going swimming out there is more disturbing than the ice cream truck and they don't ever do anything about that."
However, the ice cream truck was slapped with a more than $300 ticket. Horn Lake Police Chief Darryl Whaley says the music violated the town's ordinance, "I understand the whole premise of trying to attract customers, but when you can hear it three streets over, that's a little much."
Police don't have a decibel rating to follow; the rule is noise from vehicles cannot travel further than 30 feet from your vehicle. And if it's from a home, "Noise from your property needs to stay within your property," Chief Whaley says.
Murphy says the ordinance is too strict, "If that's the case, they'll be calling on me because our dogs bark at everything. So far they haven't done that, but how do you control a dog bark?"
Six days ago Horn Lake Police posted the noise ordinance reminder on its Facebook page. Since then residents have found something to complain about daily. Whaley says, "I have no objection to anyone playing music, no objection to the ice cream truck, just have respect for others and keep it to a level that shows respect for others."
Police say they will not ticket people for mowing their lawn or other normal household noise as long as it's before 10 p.m.
Horn Lake Police also say the ice cream truck was stopped because he was illegally selling in a park, the noise violation was a secondary citation.
The noise ordinance has been on the books in Horn Lake since 1998.