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.
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