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MANLOVE v. UNIFIED GOV. OF ATHENS-CLARKE

No. S09A0118.

680 S.E.2d 405 (2009)

MANLOVE et al. v. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY.

Supreme Court of Georgia.

Reconsideration Denied June 30, 2009.

Attorney(s) appearing for the Case

Charles A. Jones, Jr., Athens, for appellants.

William C. Berryman, Jr., Amy S. Gellins, Athens, for appellee.

BENHAM, Justice.

Appellants challenge the constitutionality of appellee's noise ordinance which prohibits sounds that are "plainly audible" from a distance of 300 feet at any time, except that, after 11:00 p.m. on weeknights and after midnight on weekends, the distance is reduced to 100 feet. See Athens-Clarke County Ordinance § 3-5-24(c)(1), (2). The ordinance also prohibits sounds from inside an apartment, townhome, or other similar dwelling that are plainly...

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