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Ask Officer Michelle - Loud Music in Neighborhoods

by Michelle Lazark, published on August 15, 2010 at 8:46 AM

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Posted by kcrowley

Officer Michelle,
Is there a law that pertains to playing loud music for extended periods of time from one’s garage and or vehicle parked in the driveway in a residential area? Thank you for your time.

Dear kcrowley

There certainly is a noise ordinance that pertains to your problem. If you live in the city limits, we still respond to noise complaints. The general noise ordinance for the city of Sacramento states that between the times of 10:00 p.m., and 7:00 a.m. the following day are the times in which officers can enforce the ordinance. You can call the non-emergency number and have an officer dispatched. We will give the involved parties a warning. If they continue after we leave and the police receive a second call, we would then cite the concerned parties.
The city’s Code Enforcement Division is responsible for the investigation of complaints of ongoing and aggravated noise which require monitoring with sound level meters or which are of a habitual or mechanical nature. Two common examples are a garage or residence being used as a rehearsal hall or local bars where music or amplified sound disturbs those residing or working in the area. You can contact the Code Enforcement Division at 916-264-5948, or you can use their on-line form. The city’s Animal Services Division handles barking dog complaints - their number is 264-7387.
You may want to speak to your neighbors about the problem. If they are renters, you can also speak to their landlords. The other option is to see if this problem clears up on its own. Hope it all works out.

Officer Michelle
 

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August 16, 2010 | 9:33 AM
But dogs can bark all night long?
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August 16, 2010 | 4:07 PM
Animal control handles animal problems such as what you are referring to. You can call 311 and the operator will direct you to the appropriate section.
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August 16, 2010 | 7:19 PM
Hi Officer Michelle,

Would you please cite the city code that supports the following statement: "The general noise ordinance for the city of Sacramento states that between the times of 10:00 p.m., and 7:00 a.m. the following day are the times in which officers can enforce the ordinance."

I'm a hobbyist musician (a drummer specifically) so I am keenly familiar with our city's code on the subject -- at least I hope so! :-) I have gone to great and expensive lengths to stay in compliance.

From what I have learned, it basically comes down to what I refer to as "the objective rules" (http://www.qcode.us/codes/sacramento/view.php?topic=8-8_68-ii-8_68_060) and "the subjective rules" (http://www.qcode.us/codes/sacramento/view.php?topic=8-8_68-iii-8_68_190), all within the general noise control provisions of our city (http://www.qcode.us/codes/sacramento/view.php?topic=8-8_68&showAll=1).

Do you literally mean that the ordinance indicates officers CANNOT enforce the ordinance between 7 a.m. and 10 p.m.? Or do you mean that it is your department's POLICY and/or PRACTICE that you GENERALLY DO NOT enforce the ordinance during those hours? Please elaborate on this and cite whatever code or policy that applies.

My interpretation of the above-referenced codes is that one can be out of compliance at any time of day, that our police department CAN but is not obligated to enforce them anytime, and that during the hours of 7 a.m. and 10 p.m., the rules are only slightly less strict.

Thanks in advance!
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edited on  August 16, 2010 | 9:05 PM
Keith: You're right and Officer Michelle's response and the way the ordinances are written on the pages we have found create a huge oversight. Unless there is a specific noise level measured from a specific distance, there is nothing to enforce.

However, "Disturbing the peace" doesn't require a time or level.
City Code 8.68.190

It is unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
In accordance with City Code 8.68.190 the standards which may be considered in determining a violation shall include, but not be limited to, the following:
• The sound level of the objectionable noise;
• The sound level of the ambient noise;
• The proximity of the noise to residential sleeping facilities;
• The nature and zoning of the area within which the noise emanates;
• The density of the inhabitation of the area within which the noise emanates;
• The time of day or night the noise occurs;
• The duration of the noise and its tonal informational or musical content;
• Whether the noise is continuous, recurrent or intermittent;
• Whether the noise is produced by a commercial or noncommercial activity.
Violations
In accordance with City Code 8.68.140, recovery of police officer cost for multiple responses to large
parties or gatherings on private property are as follows:
• When a large party or gathering occurs at a premise and a police officer at the scene determines
that there is a threat to the public peace, health, safety or general welfare, the person(s) in charge
of the premises and the person(s) responsible for the event, or if any of those persons are minors,
then the parent(s) or guardian(s) of those minors will be held jointly and severally liable for the
cost of providing police personnel on special security assignment over and above the services
normally provided by the department to respond to such events. The police personnel utilized
during a second response after the first warning to control the threat to the public peace, health,
safety or general welfare shall be deemed to be on special security assignment over and above the
services normally provided. The costs of such special security assignment may include minor
damages to city property and/or injuries to city personnel.
• The fee charged will not be in excess of five hundred dollars ($500.00) for a single incident. No fee
shall be assessed unless a written warning has been issued by police personnel during the first
response. The city reserves its legal options to elect any other legal remedies when said costs or
damage exceed five hundred dollars ($500.00).
• The expense of services provided by special security assignment officers shall be charged against
the person liable for the expenses under this section. The charge constitutes a debt of that person
to the city, and is collectible by said city in the same manner as in the case of an obligation under a
contract, express or implied.
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August 30, 2010 | 12:00 AM
Yup, that's a quote from the "subjective" ordinance I referenced above. A person can be out of compliance on either or both subjective and objective standards, any hour of the day.

So I disagree "there is nothing to enforce." The subjective "reasonable and necessary" standard is just as enforceable as the objective "no more than 'X' decibels for 'Y' minutes per hour" standard. At least that's how I understand the regulations.

What say you, Officer Michelle?
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March 31, 2011 | 12:31 PM
I find it outrageous that a neighbor can play loud music and disturb his/her neighbors at any time of the day. We all pay taxes and have rights to peace and quite any time of the day.

I may want to read a book or watch my favorite TV program or have conversation with my wife or children or lay down for a nap or simply relax in my reclining chair. By what right can an unruly neighbor transgress and disturb my family's peace in our own home? If some one enjoys loud music, they can use head phones and blow their brains out, or at least close their windows and have the sound at a reasonable level.

I find the laws and regulations of California in general, and Sacramento County in particular, regarding protection of citizen rights to peace in their own homes very very inadequate and inferior.
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July 10, 2011 | 8:21 AM
I'm hadit! I totally agree with you. I have 3 sets of neighbors now that party every night and have loud friends over that smoke pot and drink alcohol all day and the police have been out to my calls in at least 3 years hundreds of times, had mediation with their landlord and i am about to go Vigilante and go to jail if I have to. Nobody will do anything and I'm starting to loose my head over this. I chased a Chinese lady collecting cans next to my bedroom window at 6:00a.m on a Sunday morning without any sleep and went after her with a broom, I just went nuts.
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August 24, 2011 | 9:56 PM
Let me make sure I understand we as in any body can make noise between 7am to 10pm including barking dogs and there is nothing anyone can do about it?
I got a letter in the mail today from ?????? That if my dog continued to bark it would be come missing!!! First of all he is in bed by 830 pm until 7 am the next morning and all he wants to do is play, stretch and bark he settles down after awhile and its not consistent barking its like a bark here and there I'm watching as I get ready for work.
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