In People v. Lord, 7 Misc 3d 78 (NY Sup. App. Term 2005) the defendant was charged with violating a village noise ordinance after adjoining landowners complained about music played through an amplifier. The defendant was not represented by counsel. He did not contend that the ordinance limited his freedom of expression. The Court sua sponte granted dismissal, declaring the ordinance to be an unconstitutional violation of the First, Fourth and Fifth Amendments of the United States Constitution. The applicable section of the noise ordinance must be read with a section defining a noise disturbance. The Court ruled that it could not determine what a noise disturbance was under the ordinance because the ordinance refers to undefined reasonable persons of normal auditory sensitivities. The Court found the ordinance susceptible to subjective enforcement and ruled that it was not a constitutionally valid exercise of regulatory or police powers because it was not amenable to uniform enforcement and equal protection. 2003 NY Slip Op 50684U, 2003 WL 1906774 (NY Just. Ct. 2003),rev'd, 7 Misc 3d 78 (NY Sup. App. Term 2005).