displayfireworks1
09-27-2014, 09:14 AM
Thursday, September 25, 2014
http://gtweb.epp.dc.publicus.com/storyimage/GT/20140925/GTT06/140929934/AR/0/AR-140929934.jpg&MaxW=840&q=90
http://pics2.city-data.com/city/maps/fr5648.png
A criminal case involving two noise citations against weekly fireworks over Murrells Inlet is going to be heard by a jury.
Judge John Benso, the Georgetown County magistrate for Murrells Inlet, accepted the defense’s request for a jury trial during a hearing on Sept. 18.
John Tyler and Timothy Roberts, both with Zambelli Fireworks company, have been issued citations for violating the Georgetown County noise ordinance.
Defense Attorney Scott Joye requested the jury trial for his clients.
He said he doesn’t want his clients branded as criminals.
“A lot of people misinterpret this case,” Joye said.
“Based on comments in the press, people seem to think this is about the legality of fireworks.”
Benso said this case will not decide the legality of fireworks in Murrells Inlet.
“It will only decide if the person charged is guilty or innocent of the charge,” he said.
He will request to preside over the jury trial.
After the hearing, some residents in Murrells Inlet were disappointed that the case was not decided that day.
Carol Coney of Garden City Beach said the request for a jury trial is a “stall tactic.”
“[The defense] is hoping we will forget about it because it is out of the public eye since summer is over,” she stated.
She added that she is against weekly fireworks because her husband has Parkinson’s disease.
“When he is sleeping, he needs to stay asleep,” Coney said.
“He is in bed at 9 p.m. and the fireworks disturb his sleep.”
Leon Rice, one of the residents who filed the complaints about noise, agreed that it could be a delay tactic.
“If they want a jury trial, we will be there,” Rice said.
“The important thing for the jury to decide will be if the noise ordinance has been violated. They need to ask themselves if there are involuntary listeners, if it is a loud noise and if it disturbs people.”
He said it comes down to the company’s right to shoot off fireworks and the residents’ right to peace and quiet. “Fireworks are legal in this state, but that doesn’t mean they don’t conflict with another ordinance, such as the noise ordinance.”
The county’s Sheriff’s Office issued two citations against employees of Zambelli Fireworks on Aug. 4 and 11, after receiving complaints from three Murrells Inlet residents: Sandra Bundy, Rice and Emily Weinreich.
Those residents are hoping that the weekly fireworks over the Marsh Walk, which last about seven or eight minutes at 9 p.m. on Mondays, will be discontinued next year.
The three residents do not oppose the annual Fourth of July fireworks over the inlet.
Representatives of seven restaurants on the Murrells Inlet Marsh Walk who sponsor the fireworks have said the thousands of people who come to Murrells Inlet to enjoy the weekly fireworks outweigh a few residents who oppose them and that the fireworks show is permitted.
Representatives of Zambelli, the company that puts on the show, agree, saying that they have met all regulations for the county and state.
If he is found guilty of violating the county noise ordinance, it is considered a misdemeanor and is punishable by no less than $250, or more than $500, or imprisonment not to exceed 30 days.
.
.
Typical Homes in the area.
http://www.c21theharrelsongroup.com/media/uploads/harrelsongroup/murrells-inlet/channel-home.jpg
http://mls.icnd.net/mb/images/CCAR1219427.jpg
Translation is people in this area have the time and money to fight this.
http://gtweb.epp.dc.publicus.com/storyimage/GT/20140925/GTT06/140929934/AR/0/AR-140929934.jpg&MaxW=840&q=90
http://pics2.city-data.com/city/maps/fr5648.png
A criminal case involving two noise citations against weekly fireworks over Murrells Inlet is going to be heard by a jury.
Judge John Benso, the Georgetown County magistrate for Murrells Inlet, accepted the defense’s request for a jury trial during a hearing on Sept. 18.
John Tyler and Timothy Roberts, both with Zambelli Fireworks company, have been issued citations for violating the Georgetown County noise ordinance.
Defense Attorney Scott Joye requested the jury trial for his clients.
He said he doesn’t want his clients branded as criminals.
“A lot of people misinterpret this case,” Joye said.
“Based on comments in the press, people seem to think this is about the legality of fireworks.”
Benso said this case will not decide the legality of fireworks in Murrells Inlet.
“It will only decide if the person charged is guilty or innocent of the charge,” he said.
He will request to preside over the jury trial.
After the hearing, some residents in Murrells Inlet were disappointed that the case was not decided that day.
Carol Coney of Garden City Beach said the request for a jury trial is a “stall tactic.”
“[The defense] is hoping we will forget about it because it is out of the public eye since summer is over,” she stated.
She added that she is against weekly fireworks because her husband has Parkinson’s disease.
“When he is sleeping, he needs to stay asleep,” Coney said.
“He is in bed at 9 p.m. and the fireworks disturb his sleep.”
Leon Rice, one of the residents who filed the complaints about noise, agreed that it could be a delay tactic.
“If they want a jury trial, we will be there,” Rice said.
“The important thing for the jury to decide will be if the noise ordinance has been violated. They need to ask themselves if there are involuntary listeners, if it is a loud noise and if it disturbs people.”
He said it comes down to the company’s right to shoot off fireworks and the residents’ right to peace and quiet. “Fireworks are legal in this state, but that doesn’t mean they don’t conflict with another ordinance, such as the noise ordinance.”
The county’s Sheriff’s Office issued two citations against employees of Zambelli Fireworks on Aug. 4 and 11, after receiving complaints from three Murrells Inlet residents: Sandra Bundy, Rice and Emily Weinreich.
Those residents are hoping that the weekly fireworks over the Marsh Walk, which last about seven or eight minutes at 9 p.m. on Mondays, will be discontinued next year.
The three residents do not oppose the annual Fourth of July fireworks over the inlet.
Representatives of seven restaurants on the Murrells Inlet Marsh Walk who sponsor the fireworks have said the thousands of people who come to Murrells Inlet to enjoy the weekly fireworks outweigh a few residents who oppose them and that the fireworks show is permitted.
Representatives of Zambelli, the company that puts on the show, agree, saying that they have met all regulations for the county and state.
If he is found guilty of violating the county noise ordinance, it is considered a misdemeanor and is punishable by no less than $250, or more than $500, or imprisonment not to exceed 30 days.
.
.
Typical Homes in the area.
http://www.c21theharrelsongroup.com/media/uploads/harrelsongroup/murrells-inlet/channel-home.jpg
http://mls.icnd.net/mb/images/CCAR1219427.jpg
Translation is people in this area have the time and money to fight this.