How Cities Prohibit Annoyances

The 5,000 local ordinances that prohibit “annoyances” often focus on the fraught intersections of the public and private. And it’s probably no surprise that public employees often seek legal protections from annoying (or annoyed) citizens.

2 minute read

March 30, 2014, 1:00 PM PDT

By James Brasuell @CasualBrasuell


Joe Palazzolo reports on the ongoing (and probably never-ending) debate over the legality of laws that prohibit annoyances. In an article equal parts bemusing and alarming, Palazzolo reports, “[dozens] of cities and states have passed strictures that equate ‘annoying’ with ‘illegal,’ adding to an already existing stock of aging laws that employ the word. According to Municode, an online database of local laws, ‘annoy’ or some variation appears in more than 5,000 ordinances.”

“Many of these pass constitutional muster, because they spell out the things that irritate to the point of illegality, such as unreasonably loud music, honking, shouting, fighting and pets that near-constantly bark or yowl.”

But many such laws have not withheld legal scrutiny. For example, “[the] U.S. Supreme Court ruled in the 1971 case Coates v. Cincinnati that the word ‘annoying’ was too vague to support a criminal charge. The decision struck down an ordinance that made it illegal to assemble on the sidewalk ‘in a manner annoying to passersby.’

According to Palazzolo, there are many more examples of laws that might have a hard time standing up to the analysis of the Supreme Court. For example:

  • "A law in Vassar, Mich., makes it unlawful for any person to 'flirt' with or 'willfully annoy' a stranger."
  • "Lawrence, Mass., says no person 'shall in any way annoy another person' within city parks."
  • "In Winthrop, Mass., it's illegal to 'annoy another person' on any town beach."
  • "In Cumberland, Md., it's illegal to annoy city employees."

Friday, March 28, 2014 in The Wall Street Journal

courses user

As someone new to the planning field, Planetizen has been the perfect host guiding me into planning and our complex modern challenges. Corey D, Transportation Planner

As someone new to the planning field, Planetizen has been the perfect host guiding me into planning and our complex modern challenges.

Corey D, Transportation Planner

Ready to give your planning career a boost?

View of dense apartment buildings on Seattle waterfront with high-rise buildings in background.

Seattle Legalizes Co-Living

A new state law requires all Washington cities to allow co-living facilities in areas zoned for multifamily housing.

December 1, 2024 - Smart Cities Dive

Times Square in New York City empty during the Covid-19 pandemic.

NYC Officials Announce Broadway Pedestrianization Project

Two blocks of the marquee street will become mostly car-free public spaces.

December 1, 2024 - StreetsBlog NYC

Broken, uneven sidewalk being damaged by large tree roots in Los Angeles, California.

The City of Broken Sidewalks

Can Los Angeles fix 4,000 miles of broken sidewalks before the city hosts the 2028 Olympic Games?

December 5, 2024 - Donald Shoup

cars

Study: Automobile Dependency Reduces Life Satisfaction

Automobile dependency has negative implications for wellbeing. This academic study finds that relying on a car for more than 50 percent of out-of-home travel is associated with significant reductions in life satisfaction.

1 hour ago - Does Car Dependence Make People Unsatisfied With Life? Evidence From a U.S. National Survey

Yellow San Diego Unified School District school bus.

San Diego School District Could Accelerate Workforce Housing Program

A proposal to build housing on five district-owned properties could yield 1,000 housing units for low- and moderate-income district employees.

2 hours ago - Governing

Red bus parked at transit station in Denver, Colorado with CO state capitol dome in background.

Denver Transit Board Approves $1.2 Billion Budget

The 2025 budget for the Regional Transportation District is the largest in the agency’s 55-year history.

3 hours ago - The Denver Post

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.