Sounding Board -- Sgt. Steve Shulman

For those residents who have not read the old and new “noise”

ordinance and have concerns about changes, I would like to provide some

clarification.

The modification to the ordinance primarily requires that officers

warn violators before citing or making an arrest. Previously, officers

were not required to give such a warning and could cite or arrest people

for noise complaints. The change was primarily made because without such

a warning, it is difficult to prove someone’s willfulness in “disturbing

the peace.” If a warning is provided to people before police action is

taken, then intent can be established, making for easier prosecution.

Many people contacted by police for noise disturbances are not aware

they are disturbing others and comply with police requests to lower the

volume or cease their activity. For people who are sensitive to those

that complain about noise or disturbances, the ordinance will be a

nonissue. For those who don’t or won’t respond to a request to cease or

lower the volume of noise, they are likely to encounter enforcement

action.

While “party noise” is what usually comes to mind with regard to the

“noise ordinance,” officers often respond to other types of noise

complaints including, but not limited to, dogs barking, construction

noise, leaf blowers, generators, people yelling or chanting, boat

engines, etc.

The fear expressed by many people is that the police will act

differently now that the ordinance has changed. What many don’t realize

is that in the vast majority of police responses for noise issues,

officers respond as a result of being dispatched pursuant to a citizen

complaint. What will change is the ability to prove willful intent to

disturb others.

Officers use their best judgment in enforcing the law as they have

done for decades, and this ordinance will not change that process.

Most residents of Newport Beach have witnessed officers dealing with

this issue for decades, and the praise and support of the field officer

by the public has been significant for many years. It is our desire to

continue to demonstrate that we serve our community fairly and

responsibly.

Should you have questions or comments regarding the new ordinance,

they can be directed to me at (949) 644-3662 or by e-mail to o7

SShulman@NBPD.orgf7 .

* Sgt. Steve Shulman is the press information officer for the Newport

Beach Police Department.