Chapter 17.24
NOISY AND DISORDERLY CONDUCT
Sections:
17.24.010 Disorderly conduct – Unlawful acts designated – Trespass defined.
17.24.020 Insulting or obscene language prohibited.
17.24.030 Interference with radio or television reception prohibited.
17.24.040 Disturbing, excessive, offensive or unreasonable noises – Prohibited – Exceptions.
17.24.050 Enforcement of prima facie violations.
17.24.060 Repeated violations – Public nuisance – Responsible person – Cost recovery.
17.24.010 Disorderly conduct – Unlawful acts designated – Trespass defined.
It is unlawful for any person to be guilty of offensive or disorderly conduct in the City. A person shall be guilty of disorderly conduct if, with a purpose to cause public danger, alarm, disorder or nuisance, or if, with the knowledge that he is likely to create such public danger, alarm, disorder or nuisance, he willfully:
A. Creates a disturbance of the public order by an act of violence or by any act likely to produce violence; or
B. Engages in fighting, or in violent, threatening or tumultuous behavior; or
C. Makes any unreasonably loud noise, or uses any loud, noisy, boisterous, vulgar, or indecent language, on any of the streets, alleys, sidewalks, squares, parks, or in any store or other public place in the City; or
D. Addresses abusive language or threats to any person present which creates a clear and present danger of violence; or
E. Causes likelihood of harm or serious inconvenience by failing to obey a lawful order of dispersal by a police officer, where three or more persons are committing acts of disorderly conduct in the immediate vicinity; or
F. Damages, befouls or disturbs public property or property of another so as to create a hazardous, unhealthy or physically offensive condition; or
G. Commits a trespass on residential property or on public property. “Trespass,” for the purpose of this subsection, means:
1. Entering upon, or refusing to leave, any residential property of another, either where such property has been posted with “NO TRESPASSING” signs, or where immediately prior to such entry, or subsequent thereto, notice is given by the owner or occupant, orally or in writing, that such entry or continued presence is prohibited;
2. Entering upon, or refusing to leave, any public property, in violation of regulations promulgated by the official charged with the security, care or maintenance of the property and approved by the governing body of the public agency owning the property, where such regulations have been conspicuously posted, or where immediately prior to such entry, or subsequent thereto, such regulations are made known by the official charged with the security, care or maintenance of the property, his agent or a police officer.
This section shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other laws; or
H. Commits a trespass upon any vacant property in any zone within the City with a motorcycle, motor bike or other motor vehicle. “Trespass,” for the purpose of this subsection, means:
1. Entering upon any vacant property in the City for the purpose of riding any motorcycle, motor bike or motor vehicle, whether or not said property has been posted by the owner or the Police Department as provided herein, without first having received authorization of the property owner, which authorization must be in writing, specifically naming the operator of the motorcycle, motor bike or other motor vehicle as an invitee and designating the time period for which the permission or invitation is extended in terms of both date and hours;
2. It is further provided that the Police Department be and they are authorized and directed to post notice of this section, upon those vacant lands being used for the purpose set forth hereinabove; provided, however, that failure of unauthorized operators to observe such posting or failure to so post shall not excuse the trespass as defined herein.
This section shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other laws. (Ord. 1354 § 1, 1971; Ord. 1187 § 1, 1969; prior code § 20.10).
17.24.020 Insulting or obscene language prohibited.
It is unlawful for any person to use toward any other person any abusive, insulting or obscene language, or any language naturally tending to create a breach of the peace, or to be guilty of conduct tending to provoke a breach of the peace, or to make any loud and offensive noises tending to disturb the peace. (Prior code § 20.25).
17.24.030 Interference with radio or television reception prohibited.
It is unlawful for any person to operate in the City any device, appliance, equipment or apparatus generating or causing high frequency oscillations or radiations which interfere with radio broadcast receiving apparatus or wireless receiving apparatus or television receiving apparatus; provided, however, that X-ray pictures, examinations, or treatments may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception and are not negligently operated; provided further, complete screening of the room in which offending X-ray apparatus is operated may be required when such screening is necessary in order to avoid such interference; and provided further, that neon signs shall be deemed to comply with the provisions of this section when such signs are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception, or wireless reception or television reception, and are not negligently operated. (Prior code § 20.44).
17.24.040 Disturbing, excessive, offensive or unreasonable noises – Prohibited – Exceptions.
A. It is unlawful for any person in any commercial or residential zone in the City to make, continue or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise which disturbs the health, safety, general welfare or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City. This section shall not in any way affect, restrict, or prohibit any activities incidental to scientific or industrial activities carried out in a reasonable manner according to the usual customs of scientific or industrial activities, conducted in areas zoned for such purposes, or upon lands which are under the jurisdiction of the board of commissioners of the San Diego Unified Port District.
B. The characteristics and conditions to consider in determining whether a noise is disturbing, excessive, offensive, or unreasonable in violation of this section shall include, but not be limited to, the following:
1. The degree of intensity of the noise;
2. Whether the nature of the noise is usual or unusual;
3. Whether the origin of the noise is natural or unnatural;
4. The level of the noise;
5. The proximity of the noise to sleeping facilities;
6. The nature and zoning of the area from which the noise emanates and the area where it is received;
7. The time of day or night the noise occurs;
8. The duration of the noise; and
9. Whether the noise is recurrent, intermittent or constant.
C. The following activities, among others, are declared to cause disturbing, excessive, offensive, or unreasonable noises in violation of this section and to constitute a public nuisance:
1. Radios, Phonographs, Amplifiers and Other Devices. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, drums, phonograph, television set, loudspeakers and sound amplifier, or other machine or device for the producing or reproducing of sound in a manner that disturbs the peace, comfort or quiet enjoyment of any reasonable person of normal sensitivity in the vicinity;
2. Animals and Birds. The keeping of any animal or bird which by frequent or long continued noise disturbs the peace, comfort or quiet enjoyment of property of any person in the vicinity;
3. Drums and Musical Instruments. The use of any drum or other musical instrument or device for the purpose of attracting attention by creation of noise, to any performance, show, or sale;
4. Loudspeakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the production or reproduction of sound which is heard upon a public street for the purpose of commercial advertising or attracting the attention of the public to any building or structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of persons in any office, dwelling, hotel, or other type of residence;
5. Yelling or Shouting. Loud or raucous yelling or shouting on public streets, particularly between the hours of 11:00 p.m. and 8:00 a.m. or at any time or place in a manner that creates a disturbance of the public order where the yelling or shouting is inherently likely to provoke an immediate violent reaction;
6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
7. Blowers. The operation of any noise-creating blower, power fan, or any internal combustion engine unless the noise from such blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise;
8. Power Machinery, Tools, and Equipment. The use of any tools, power machinery, or equipment or the conduct of construction and building work in residential zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of property of any person residing or working in the vicinity between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency repairs required for the health and safety of any member of the community;
9. Motorcycle or Motor Vehicle Noises. No person operating a motorcycle or motor-driven cycle shall increase the engine’s revolutions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further, any disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the circumstances is prohibited and includes but is not limited to noise caused by screeching of tires, racing or accelerating the engine, backfiring the engine, or other noise from the engine tailpipe or muffler;
10. Horns or Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; and the use of any signaling device when traffic is for any reason held up;
11. Swimming Pool Mechanical Equipment. Swimming pool mechanical equipment including, but not limited to, mechanical filters, pumps, chlorinators, and pool heaters shall be located or soundproofed so that such equipment will not create disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet enjoyment of property of persons residing in the neighborhood.
D. Prima Facie Violations. Any of the following shall constitute evidence of a prima facie violation of this section:
1. The operation of sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in a residential zone between the hours of 11:00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of 50 feet from the building, structure, vehicle, or premises in which it is located;
2. The operation of any sound amplifier which is part of or connected to any radio receiving set, stereo, compact disc player, cassette tape player, or other similar device when operated at any time in a manner as to be plainly audible at a distance of 50 feet and when operated in a manner as to cause a person to be aware of vibration accompanying the sound at a distance of 50 feet from the source. (Ord. 3068 § 1, 2007; Ord. 1579 § 1, 1974; Ord. 1073 § 1, 1967; Ord. 755 § 1, 1961; prior code § 20.35.1).
17.24.050 Enforcement of prima facie violations.
A. Any person who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of CVMC 17.24.040 is empowered to confiscate and impound as evidence any or all of the components amplifying or transmitting the sound.
B. Any peace officer, as defined in the California Penal Code, who encounters evidence of a prima facie violation of CVMC 17.24.040 whereby the components amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of California Vehicle Code Section 22655.5, impound the vehicle as containing evidence of a criminal offense, when the amplifying and/or transmitting component(s) cannot be readily removed from the vehicle without damaging the component(s) or the vehicle. (Ord. 3068 § 1, 2007; Ord. 2276 § 1, 1988; Ord. 1678 § 1, 1976; Ord. 1579 §§ 1, 2, 1974; Ord. 1219 § 1, 1969; Ord. 1073 § 1, 1967; Ord. 755 § 2, 1961; prior code § 20.35.2).
17.24.060 Repeated violations – Public nuisance – Responsible person – Cost recovery.
A. Any person who is responsible for a second violation of CVMC 17.24.040 within one year (365 days) of the first violation at a place or premises, including residential or commercial property, under his or her control shall be liable for maintaining a public nuisance, as defined by State and/or local law. To be deemed a person responsible for repeated violations of CVMC 17.24.040, it is not necessary for the person to be found criminally liable for a violation of the section. In addition to other penalties allowed by State law or this municipal code, a person responsible for repeated violations of CVMC 17.24.040 may be subject to an administrative fine of $1,000 per incident. The administrative fine shall constitute a debt of the responsible person to the City and shall be payable to the City in the manner provided in Chapters 1.40 and 1.41 CVMC and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section.
B. Under the provisions of this section, a responsible person shall include a property owner of a residential or commercial property who has actual knowledge or who receives actual notice of a first violation of CVMC 17.24.040 committed by a tenant. A property owner who has actual knowledge or who receives actual notice of a first violation of CVMC 17.24.040 by a tenant shall take any and all reasonable steps to ensure that the property is not being maintained in a manner to constitute a public nuisance as defined by State and/or local law.
C. Where there occurs a repeated violation of CVMC 17.24.040 within one year (365 days) of a previous violation and the responsible party has been provided written notice of the previous violation, the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare or quiet enjoyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, CVMC 1.41.140 and other applicable law. A repeated violation of CVMC 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code, this municipal code, or other applicable State or local law.
D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this municipal code or any State law arising out of the same circumstances necessitating the application of this section. (Ord. 3068 § 1, 2007).