October 29, 2016
When the county attorney is asked a direct question and will not give a definitive answer, there is a problem.
At the final public hearing on the Noise Ordinance, it was again brought to the BOC’s attention that no fines were in the ordinance.
You have to listen to what David Ozburn, county attorney, tells the BOC when he is asked about this. See if you can follow the rambling, circular answer he gives.
Instead of actually adopting fines as part of the code, Ozburn finally suggests having a policy adopted, which means it will not be enforced. He says a written policy “followed every time” would work, but admits later that if it is in the code of ordinances—adopted by the BOC—it will have more effect and will be followed.
If the BOC does not adopt the increasing fines and have it in their minutes and in the county code of ordinances (and online on Municode), the fines will never take effect or be followed. Bets are that if it is in the code, the Magistrate will certainly follow the increasing fine schedule. It would also ensure that everyone would be treated fairly.
We don’t know if David Ozburn could be any more ineffective and indecisive and confusing. This is a serious problem, and his lack of real advice to the BOC will result in neutering the new noise ordinance.
The BOC needs to have a penalty/fine section written, have 2 public hearings, and approve it so the Magistrate Judge and the citizens know what the fines will be.
The new noise ordinance is expected to be approved Monday, November 7 at the BOC meeting.
Citizens, be informed and stay informed! Only by being informed, can the citizens understand what is being done and talked about, and then press our officials to make good decisions for everyone in Jasper County. That is our goal with the Taxdogs blog.