A man in Maine was charged with disorderly conduct for making business owners grumpy by standing around and whistling at ear-splitting volume – but not convicted after he agreed to tone down the dopey habit by not staying in one place while he whistled.

Robert Smith has been detained several times on charges of disturbing the peace with his musical “talents,” which he is specifically banned from showcasing on public streets – because they’re lumped into the same category as “shouting, hooting or yelling.” He faced fines of up to 500 bucks per stop if he hadn’t agreed to confine the whistling to moments when he was in motion.

Smith, who has a lengthy criminal record for non-whistling offenses, says, “God is showing me what I’m doing is OK. He shows me every day with laughter.”