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Ice Cream Man Cited for Horn Lake Noise Violation, Residents Question Ordinance

Reported by: Joy Lambert
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Updated: 8/09/2012 8:41 am
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.

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hrdlywurkin - 8/9/2012 1:07 PM
0 Votes
My son received a noise ordinace ticket in Horn Lake. He was driving down Church Rd. before 7PM. He wasn't even in a sub division. He received his ticket which stated the noise could be heard from 30 feet away(you can hear cell phones ring that far). He went to court and was ordered to pay $300 by a certain date. He went in to pay his ticket by the due date and was told the ticket price had gone up. He paid the $300 and was told he had to pay the additional amount of less than $10 by another due date since the city had made some adjustments within their pricing. He went to see the judge or talk to someone else by the due date of the additional amount since he did not feel he should have to pay any more money. He was told by the clerk to pay it, or be in contempt of court and have a warrant issued. I told him to pay it since we did not want his record tarnished going into the military in October. This makes me ill and I do not want to remain a resident of Horn Lake. This is overkill in my opinion....the ice cream truck? Really? What about the race car across the street or the neigbors fighting all night...or the real issues like bad guys????

knives2sell - 8/9/2012 11:34 AM
0 Votes
BOOOO tobadsobad on the comment

knives2sell - 8/9/2012 11:25 AM
0 Votes
Come on now,an Icecream truck being fined.Horn lake has always been crooked about collting fine for several yeats.Hell when I was 16 they gave me a ticket for speeding one mile over the limit.Paid $5.00 to a snuf dipping judge in the middle of a cow pasture,Got cow dookey all over my shoes.Somebody needs to inform the FBI of their doings.All about mone my freinds.

JeffersonTao - 8/9/2012 11:25 AM
0 Votes
How loud is loud? http://www.youtube.com/watch?v=R0Y5vKOjbag

beamomof3 - 8/9/2012 11:24 AM
2 Votes
I live in horn lake and have never heard the poor ice cream guy before he was on the street we live on!!! This is crazy - First we had to take down our basketball goals and now the ice cream truck is too loud? yet all the kids adn some adults with music that is at best questionable - bothing is done!!! God I love our city!!!!!!!

firnander - 8/9/2012 9:38 AM
1 Vote
Barney Fife lives - - -

2badsosad - 8/9/2012 9:35 AM
4 Votes
I totally support Chief Whaley & the the enforcement of the noise ordinance in Horn Lake. Ice Cream trucks do not need to be loud enough to be heard 3 blocks away. Now if they would just ticket all the drivers of automobiles in the city that continually violate the noise ordinance with their amplified sound systems I would be happy. The loud music (if you can call it that) is getting totally out of control.
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