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Discussion Starter · #1 ·
Encountering a loud cookout on Main Street, Smalltown, USA. No formal complaint has been called in, but you can tell that the profane music and druken participants are close to setting someone off. Even if a complaint is called in
, can "Disturbance of Peace" occur at 3:00PM in the afternoon on a holiday weekend where there are 10 other cookouts going on around the block (none as loud though) ???
 

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My guess would be no. But you may be able to make a few arrests or PC's...that just might settle them down a notch.
 

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Without a complainant I wouldn't do too much other than monitor the situation. Of course if you see a party leaving the gathering that is DK and just happens to climb into the drivers seat..... ;)
 

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Discussion Starter · #4 ·
The reason for asking was it was happening accross the street from a personal friends home. It was bothering them but they did not want to say anything. They were certain that there couldn't be a noise complaint earlier than 10:pm and didnt think anything could be done in the first place. I informed them that peace can be disturbed at anytime.
 

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If you did not have a complaint, I would just keep on moving along. If you did have a complaint, then you could arrest for Disturbing the Peace (or if you're called back multiple times to the same address). There you would have an ongoing breach of the peace. I would warn the people the first time I was sent there, and then advise them of what a return trip would mean. Remember two things about this: (1) you can use the Commonwealth as the victim, (2) you CANNOT arrest somebody for Disorderly Conduct from there own home--go with Disturbing the Peace. Just my two cents.
 

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You could also get the home owner or person in charge of the residence for Keeper of a Disorderly House. (if called to that location) in addition to Disturbing the Peace.
 
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