Noise Ordinance

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Party.jpgLoud parties are a perennial source of controversy

Location
Davis
Hours
Can be cited All Day
Phone
Davis PD: (530) 747-5400
Location
"Oh don't worry, we'll find YOU"

The close quarters between students and people who work for a living/pay municipal taxes, have forced the city to respond by creating noise codes to help solve friction between students, or for that matter anyone looking to create a loud disturbance on weekends, and other Davis residents.

The text of the Davis city noise regulations can be found in [WWW]chapter 24 of the Davis Municipal Code. There are plenty of provisions in there about allowed noise levels at the property plane, measured in [wikipedia]dBA. Ignore them. Cops don't carry sound level meters; they'd just be another piece of equipment to maintain, keep calibrated, and keep certified. Even if they did, the limits given in the law are insanely low and the ambient noise level regularly exceeds them. No, the provision you should care about is the Davis General Noise Prohibition found in [WWW]DMC 24.05.010. The gist of it is that if there is a complaint and the officers that respond think the noise is unreasonable (there are guidelines given in the statute), they can issue a ticket. There is a huge amount of discretion in issuing the ticket, so if you're faced with one, be nice. You won't be able to successfully fight it, notwithstanding some really obvious misconduct on the part of the officer issuing it.

A noise violation usually costs a little under $200. If you know you are going to be making a lot of noise, you can avoid getting a noise violation by applying for a noise permit. If your house has already received a noise violation then the police will probably not issue you a noise permit. The most concise information on the law for issuing noise violations as well as how to obtain a permit can be found in the city's [WWW]Noise Permit Application.

If you are at a party and a noise violation is issued, it's good form to make a contribution to the cost if you can. Better yet, make sure to comply promptly if you are asked by the host to keep it down or to go inside (many noise violations are issued for noise from somebody's back yard). If a residence breaks the noise ordinance, the officer may cite every individual on the residence with a noise violation

Davis gained some notoriety for issuing a noise violation to someone who was snoring. In the mid 90's, shortly after the first noise ordinance went in to effect, DJ Jeyson (now in San Diego), Chris Doherty (a.k.a Chris Sequioa), et al, got their neighbor, Sari Zayed, cited for snoring too loudly. More can be found out in this dusty ancient Davis, CA FAQ and [WWW]here. This citation was issued under a since-repealed law that required a police officer to issue a citation if the complainant insisted and left no room for discretion.

Contrary to some rumors, there is not a noise abatement unit within the Davis Police Department. There is one guy who chooses to handle most of the noise calls, which may be what gave birth to the rumors.

Stand Up For Your Rights!

If you feel like the police have violated your rights and you would like to file a complaint you can download a form at [WWW]http://www.fighttheman.com. You can also contact the local ACLU.

Stand Up For Your Rights! (The alternate viewpoint)

You DO have a reasonable expectation that your neighbors respect your rights as you should respect theirs. If you feel like your neighbors have violated your rights by making excessive noise you have the right to call the police and file a complaint. You are also under no obligation to speak with the offending party before filing a complaint and shouldn't feel intimidated doing so. What the police do about it is beyond your control however a filed complaint is one step closer to getting the offender to stop.

Comments:

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2004-12-20 09:36:32   After having a performance of our kids band shut down when they had a permit and had only been playing for 15 minutes, I've often wondered what would happen if I called the police and complained that the noise from Toomey Field or from the Davis High School football field was bothering me! Think they'd shut down the game? I doubt it! - BevSykes

2004-12-20 15:12:43   My house has followed the rules and tried to get noise permits and after paying the 25 dollar fee to file for one (and telling all our neighbors) we fail every time. - RobRoy

2004-12-21 21:13:04   If the ambient level of noise exceeding the permissible level is indeed the truth, I wonder if the rule would stand in court? hmm.. I might just help someone fight one of these just to find out. - JaimeRaba

2005-02-16 00:59:10   In case people don't know, you can view police logs, and the secret version that has names of reporting parties and arrestees at [WWW]http://cityofdavis.org/police/log/press. Use wisely =) —ChristianDanielsen

2005-02-16 11:48:12   My husband used to build theatre sets in our driveway. The table saw has to go off at 10 p.m. because of the noise ordinance. This one night he had one more cut to make at 10:02 and did it, then was in the process of cleaning up and by 10:05, the police were in the driveway saying someone had complained about a noise violation!! —BevSykes

2005-05-30 05:37:06   What would need to get done to overturn this code? Couldn't a ballot measure stop it? And if only the students bothered to vote in local elections ... —ChristopherMckenzie

I have fought with Amtrak for two years to get them to turn off, or at least turn way down their automated P.A. system that is right across from my neighborhood. I started with the police, but they said it doesn't violate the noise code. Even though it is so loud it rattles your soul and broadcast at 4:30 AM until midnight seven days a week, it still doesn't violate the code. I did, finally get Amtrak to turn it down some what, but it's still too loud. I guess if you have lots of money to give the city, you can make all the noise you want. —WayneSchiller

2006-03-04 03:41:30   Update on Amtrak noise: Perseverance prevailed! I bugged the right people, after researching who had the power to change things, and they turned the PA speakers away from my neighborhood. The people who work in the station are a mix of cool and uncool, but the boss did the right thing. Lesson: Persevere. —WayneSchiller

2005-09-26 05:02:59   Anyone know why the Grad doesn't get noise violations? they are in a residential area and are far louder than any house party I've been to or heard. —CraigBrozinsky

2005-09-26 08:02:15   This may be emotionally shot down, but shouldn't there be some information on this page about how to file a noise complaint? The "oh don't worry, we'll find YOU" contact info is cute, but there might be a time when you want actually file one (a note about contacting the person directly first might be nice). —JabberWokky

2006-08-11 05:31:49   I found out my roommate wanted to call the cops when I had 2 friends over late into the morning (1am-5am) and we were playing music and telling jokes and laughing. If the police came, would that have been sufficient to get us a ticket? I am pretty sure the neighbors could hear us, but we weren't even 1/4 as loud as the Grad gets... Whats the scoop? —SamWard

2006-10-29 16:09:17   If the police come to your party, they will ask to see ALL your housemates, fuck that.... DO NOT COMPLY. It's part of their sneakly little trick to rape you financially. They will herd you outside to talk to them and THEN tell you they can give EACH of you one or multiple violations. Only send one person out, tell them everyone else is out of town. Also, it is a law unique to Davis (what a GREAT CITY!!) that upon your 3rd violation within one year you will be arrested on misdemeanor charges. They will give you three tickets in one night if you do not comply. ["Users/BrendanBoyle" Brendan Boyle' and myself received four tickets (two each) on 10/20. The total charges could exceed $1,000— Tells you something about the kind of people running this town. I'd propose an alternate solution. The Davis Noise Ordinance should be a supply of earplugs to each resident. —AndyPastalaniec

Well, obviously you discriminate against anything that happens after 10pm if someone under 30 is involved. Several days out of the week I'm woken up by screaming children, power tools and various other civically supported disturbances. I never complain— well I can't because they're family oriented, suburban noises and the city supports them because those are the sorts of people who control the city— but even if the law was on my side I'd throw in some ear plugs and go back to sleep. That's being a polite, flexible neighbor. When I received the above violations I was having three to four social events at my house annually. They ran late, and they were quite loud but all attendants were peaceful and harmless. My neighbors prevent me from getting some extra sleep every single weekend. The problem here is unreasonable neighbors and egregious police. Whenever we've held an event that goes past 10pm we notify every house that borders our own. Personally, I think it's a character flaw to call the police before calling your neighbor. You think I lack compassion or courtesy, the person who called on my house cost me $925 and I'm still not sleeping past 8am on the weekend. —AndyPastalaniec

There's a lot of complaining here about the sound ordinance, but why does it exist? I don't know the history, but it seems to me that it's a result of undergrads being unaware or unconcerned about how their noises disturb their neighbors. I've had to deal with my undergrad neighbors multiple times playing basketball in the street at around 1 and 2am, loud parties that end with brawls in the street, and cars that in the middle of the night park with their basses thumping away (and this is in "quiet" West Davis). I'm happy that the ordinance is available to reduce the number of nights my neighbors will keep me awake. —JimEvans

The grad doesn't get noise violations because there is an expectation that there is going to be noise coming from a bar/club. The ordinance has to do with what is reasonable. Keep it clear that the Grad is not in a residential neighborhood, it's in the Umall. If you move into the apartments behind it you have no room to complain unless the noise is excessively more than usual. It's like moving in next to the airport and then complaining that the planes make too much noise. You know it's going to be noisy before you move in. On the other hand there is no expectation that a residential house or apartment is going to be throwing loud parties late at night, that is unreasonable. The police do take into account Frat and Sorority houses that have been in place for extended periods of time. People moving in next to Greek houses should know there will be more noise from there then most houses. Still they sometimes get excessive and receive citations.

2008-02-06 01:38:29   I live next to the B street apartments, and their landlord, Kari, abuses calling the Davis police for noise violations. She'll call in the middle of the day if she hears loud music playing and shoos people away for talking in the common area. She told me that she calls the police pretending to be scared about noise in the area when she really just wants it to be quiet. They haven't come by as often, maybe because they don't come when she calls. The police told me they have to come if a neighbor is calling in saying they are disturbed by noise. Multiple residents have sent in formal complaints to the Realty company about her, but to no avail. You can ask anyone in this area about her, and they all grunt because she calls the cops all the time.

What can residents and nearby neighbors do when one neighbor is "disturbed" by any sort of noise, even at a reasonable time of day? People were having a BBQ in the daytime once and she called the cops. Any suggestions? —davistudent

2008-02-06 13:57:10   The noise has to be above a certain decible and be above the expected levels. If the police came I would ask them to measure the noise level. If that doesn't work, you can use the favorite way to handle annoying neighbors from my childhood - doorbell ditch...on a at least a weekly basis for a year or more.

2008-02-06 20:03:33   note, I don't feel like leaving this under the alternate viewpoint, I just stuck it in the comments

It's true your under no obligation, but that a 10 on the shady factor... Don't be a punk, and only call the cops if you've tried politely and rationally discussing the issue... —StevenDaubert

2008-06-07 22:38:54   A good way to think about it is that if you are causing someone else to be impacted through your actions (through loud noise, for example), it is your responsibility to take whatever steps are needed to mitigate the effects of your actions on others. It's not *their* fault that you decided to have a loud party, or otherwise be loud. And although you might find it perfectly reasonable to be loud at <fill in your favorite time of day to be loud here>, the people around you may be trying to sleep or study or have responsibilities early in the morning (such as a job or class) that they need to be well rested for. Or, they may just not appreciate hearing whatever noise you decide to make because, for whatever reason, it disturbs them. It's not different than if you ran a polluting factory - it isn't the responsibility of everyone around your factory to go out and buy respirators so that their lungs aren't damaged because you choose to pollute the air they breath. It's your responsibility to ensure that you don't dump pollutants into the air in the first place. If you aren't disturbing anyone, then don't worry about making noise. But if you live close to other people (like most people in Davis do), be considerate and assume that if you are loud, you will be disturbing them. If you choose to be inconsiderate, then you should expect that they will take whatever steps are reasonable to get you to stop disturbing them, including those listed on this page. —IDoNotExist

2008-11-29 20:51:17   Honestly, it's not that hard to have a good party with your friends without waking up half the neighborhood or irritating people around you. As long as you're not blasting the music, running around screaming, or howling at the moon it's kind of hard to attract attention. Most often what annoys me about my neighbors having parties is not ambient noise like talking or music playing, but yelling, whooping, or cheering. I can understand the appeal of parties and I enjoy going to them and being a little crazy as well. But on the other hand, I shouldn't have to miss out on sleep Thursday nights when my neighbors want to stand on their balcony or chill in the backyards and whoop it up. —DanaMace

2009-3-24 18:51:17   What about barking dogs? Is there something that can be done about them? I live in Sacramento, but am moving to Davis in a week. This has been a problem for me. I know that they are probably just lonely being left home alone all day, but I work at home and have found I cannot work around barking dogs :( I can go to a coffee shop some days, but it feels like being driven from my own home... Thoughts? —RachelCat

2009-03-28 17:45:18   I think that people need to be respectful of others no matter what time of the day. I don't want to hear music while I am trying to read or get some rest. There is a time and place for everything but if you are in a shared housing situation, it doesn't hurt to think about others. The students will be back today or tommorow from spring break. This was a good week because the building has been quite and almost empty. I am dreading their arrival. Back to their loud noises and stomping up and down the stairs. —nosomey

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