Re: Loud music & barking dogs
(Mission Times Courier, San Diego, Ca) - Dear Officer Burhans:
Q: We have several neighbors that play loud music during the day and evening, which we can hear, even with the windows closed. We also have several dogs that bark incessantly during the day and evening. Are there regulations that govern these types of disturbances? Are there different rules depending on the time of day? We've called the police to report the problem a few times, but they are often unable to respond to the call because of higher priority calls. What other resources do homeowners have to combat these situations?
A: I will start by discussing the music. What do you want to accomplish: eliminate the music, have the music turned down, or some other objective? Once you have determined what you want to accomplish I would suggest starting with your neighbor. Have you spoke to your the neighbor(s) about this? I suggest explaining how the music can be heard even with the windows closed. Allow your neighbor an opportunity to respond. Ask your neighbor how this situation can be resolved? If the problem comes up again you have a choice of contacting your neighbor again or contacting the police.
Complaints for issues with noise or disturbing the peace can be made to police communications by calling (619) 531-2000. Give your name, address, and a contact phone number. This is important because in the event a citizen arrest is required the officer needs to know how to get in contact with the complainant. If this is a chronic problem, make contact with the officer and let the officer know how this is a chronic problem. In your case, you hear "music" even with your windows closed. I would suggest inviting the officer into your home so he or she can observe this. This is information he or she can list in a report, which may be used for court purposes later. Be descriptive, and if you have a log or diary of the incidents and conversations with the neighbor discussing the problem please share this with the responding officer.
Section 415 of the California Penal Code states, "any person who maliciously and willfully disturbs another person by loud and unreasonable noise shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars, or both such imprisonment and fine." Disturbing the peace is a misdemeanor. Unfortunately, a police officer (while on duty) cannot be disturbed by noise. Therefore a citizen's arrest is required for this violation even if the officer hears the noise.
Section 59.5.0502(b) 2(a) of the San Diego Municipal Code states it is a misdemeanor if the following occurs: audible, amplified music is played after 10:00pm and before 8:00am in such a manner as to be plainly audible at a distance of fifty feet from the building, structure, or vehicle in which it is located. Under this section the responding officer may issue a citation if they hear the violation (No citizen's arrest would be needed). If the noise is NOT occurring when the officer arrives, a citizen's arrest would be required.
You mentioned calling the police to report the problem, but they [police] are often unable to respond to the call because of higher priority calls. Calls for service are prioritized, based upon urgency and crime type. This does not mean your call of a noise disturbance is not responded to. An officer will respond to all calls for service. My question to you is what is your response when the police show up? It is very important that you as the complainant make contact with the officer and discuss your concerns.
Dogs Barking
Just as in the case of music I would talk to your neighbor(s). I would inform the owner of the dog of the barking. I suggest asking if the dog is ill or injured? See what their response or reaction is. I would explain the dog barks constantly. See what their response is. Ultimately, you may have to explain the dogs' behavior is annoying and the reason for your visit is to see what can be done to resolve this situation. Understand, the neighbor may not acknowledge or agree to work on a solution. But do not be discouraged. You have the option of pursuing this through a complaint to a City Department or through a civil remedy.
Reports regarding excessive barking can be made to Neighborhood Code Compliance at (619) 236-5500. Once a complaint is received a compliance letter is sent to the resident. Note two immediately adjacent neighbors or three non-adjacent neighbors (in close proximity) are required to sign the complaint forms to establish a violation (if enforcement) action is to proceed beyond an initial notice.
If you are considering a Small Claims Court action, contact San Diego's Neighborhood Nuisance Program- Fred Zuckerman, (619) 533-6123, fzuckerman@sandiego.gov. These actions cost $75.00 to file and each adult can file a $7,500 claim against the property owner. Court action should be a last resort. Which means all other options have been exhausted.
When pursuing enforcement, criminal or civil against a neighbor one should exhaust all options. As you have read even though there are laws and municipal codes to address your concerns enforcement action may require a signed complaint. I understand suggesting talking to ones neighbors could be awkward to some, but part of addressing the problem may depend on it.
By Officer Christina Burhans, San Diego Police Dept., Eastern Division
