STAFF REPORT TO THE CITY COUNCIL. The Mayor and Members of the City Council

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2 STAFF REPORT TO THE CITY COUNCIL DATE: Regular Meeting of November 25, 2014 TO: SUBMITTED BY: SUBJECT: The Mayor and Members of the City Council William Goswick, Chief of Police Possible Noise Ordinance RECOMMENDED ACTION: Receive report on noise ordinance and continue utilizing California Penal Code Section 415 and Hercules Municipal Code through COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION: Not applicable. FISCAL IMPACT OF RECOMMENDATION: None, unless the City chooses to adopt an ordinance or implement a program that will require additional personnel cost, specialized training and equipment (decibel reader). DISCUSSION: At the October 14, 2014 City Council meeting, the City Council requested staff to research the feasibility of developing a noise ordinance after hearing from a citizen during public comment about noise issues. Staff has reviewed options related to current practices on noise ordinances. Many communities have adopted specific noise ordinances which provide for either an objective or subjective approach to determining certain defined limits based on sound levels and duration or some combination thereof. The objective approach usually requires initiating a study to establish noise thresholds based on maximum permissible decibel levels, to be specified by ordinance. The use of sound measuring equipment and the training of personnel in the use of the equipment are required. The equipment can be expensive, and officers would need to receive specialized training in the proper use of the devices. The devices would need to be periodically calibrated and ambient and reflected noises November 25,

3 have to be accounted for in order to take accurate readings. Any improper utilization of the equipment can result in the inability to prosecute an infraction. Objective type noise ordinances may be appropriate where there are sufficient personnel and resources to implement such a program. The subjective approach is usually based on a reasonable person standard which relies on the enforcement officer s judgment. The subjective approach may be subject to challenge based on vagueness and selective enforcement claims. The individual officer s judgment and credibility are key to successful prosecution of a noise infraction based on subjective standards. Whichever method is utilized, noise ordinances require a substantial commitment of resources and the will to actively enforce as a high priority to be effective. If the City chose to develop a noise ordinance, this will require funding for the development of an ordinance, and personnel, training and equipment for implementation. While the City currently does not have a dedicated noise ordinance, the City has been successful in addressing noise issues by utilizing California Penal Code Section 415 and Hercules Municipal Code through , to address noise issues. California Penal Code 415 PC describes the crime commonly referred to as disturbing the peace (and sometimes referred to as breaching the peace ). A person can violate California s disturbing the peace laws by: 1. Unlawfully fighting, or challenging another person to fight, in a public place, 2. Disturbing another person by loud and unreasonable noise; if this is done willfully and maliciously, and 3. Using offensive words in a public place if the words are likely to provoke an immediate violent reaction. The Hercules Municipal Code, Coe through provides for the recovery of costs associated with police services required to quell unlawful gatherings on public or private property. The provision provides the authority for the police to stop disturbances resulting from, among other nuisance s activities, the making of loud or unreasonable noise by a person attending a party, gathering or event. Overall, these mechanisms have proven to be sufficient to address noise issues. With this in mind, staff feels that current State law and Hercules Municipal Codes are sufficient to enforce these issues and would encourage residents to contact the Police Department if they are experiencing noise related problems by calling the non-emergency number of (510) CONCLUSION: The City s Police Officers are well versed in addressing noise issues utilizing California Penal Code Section 415 and Hercules Municipal Code through , that provide for, in effect, the equivalent of a subjective noise ordinance. ATTACHMENTS: Attachment 1 California Penal Code Section 415 and Hercules Municipal Code through November 25,

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