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Thelen v. State

County ordinance prohibiting unnecessary or unusual noise that annoys or disturbs someone within 50 feet is unconstitutionally vague since whether a violation occurs depends on the ear of the individual listener.

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Pete Thelen is a commercial helicopter pilot and instructor who, on several occasions, landed and then took off in a helicopter from his own dock on Lake Spivey in Clayton County. Neighbors who lived some 200 feet away complained of the noise, and an accusation was filed charging him with violating the Clayton County Noise Ordinance. The ordinance provides as follows:

It shall be unlawful for any person to make, continue to make or cause to be made any loud, unnecessary or unusual sound or noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in the county, and which is audible to a person of normal hearing ability more than 50 feet from the point of origin of such sound or noise.

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