The host of an all-night dominoes game learned about the Towns and Communities Law when he was fined $200 this week for playing loud music.
Adam Mark Anthony Ebanks pleaded “Guilty, but with circumstances” to the charge of making noise likely to cause disturbance in the neighborhood of Windsor Park in George Town on Sunday, June 12, 2016.
Defense attorney Dennis Brady spoke with the defendant and then confirmed to the court that his explanation was not a defense.
Crown counsel Greg Walcolm said police attended Ebanks’s premises around 12:50 a.m. They saw people playing dominoes and apparently drinking alcohol. They advised Ebanks of the complaint about loud music and he acknowledged their warning.
He then closed the door of his house and the music could no longer be heard at the perimeter of the premises.
At 4:12 a.m., police were called again about the noise. Officers attended the same premises shortly after 5 a.m. and heard music playing. Ebanks turned it off.
Mr. Brady accepted that alcohol was involved. “I suspect it impaired the hearing of those in attendance, including the defendant,” he said.
The attorney asked Magistrate Angelyn Hernandez to take into account the fact that Ebanks did cooperate and pleaded guilty at his first appearance in court. He pointed out that the incident had occurred over a year ago and there had been no problems since.
“Even in the confines of your own home, music can offend neighbors,” Mr. Brady acknowledged.
The magistrate told Ebanks, “There’s nothing wrong with having a good time, but have a good time more quietly.” She said Ebanks knew why police had attended a second time. Apparently, after they left the first time, “the party started to rock again,” she commented.
The offense was failing to cease noise after being required to desist.
Mr. Walcolm read the relevant section of the law: “Any person who makes any noise in any town or district which is likely to cause annoyance or discomfort to any inhabitant of that town or district, after having been required by a constable to desist from making such noise, is guilty of an offense.”
The penalty is a fine of up to $500 for a first conviction; up to $1,000 for a second conviction; and up to $5,000 plus imprisonment for six months for a third or subsequent conviction.
In this case of a first offense, the magistrate imposed a fine of $200.