LFIA Book Offer:
Los Feliz - An Illustrated Early History
Get your copy here!
Read more about
the book here
Suggestions for Handling Loud Music/Party Disturbances
CHECK LIST
1. Contact your neighbors to see if anyone else perceives a problem. It helps to have a neighborhood on board. However, even if your neighbors are not bothered by the problem, this should not stop you if the noise unreasonably disturbs you and there is a violation of the law.
2. Record and videotape the problem whenever possible. Make a note on a calendar of the date, time and extent of the disturbance. Get a preliminary title report on the property where the noise comes from. They are easily obtainable on the internet for a reasonable fee. You want to find the legal owner of the property. Gather as much information about the ownership, and occupancy of the property as you can. This kind of information will help the police.
3. Meet with your Senior Lead Officer (SLO) and inform him/her of the problem.
4. You and your SLO should contact the Neighborhood Prosecutor for your area to come up with an enforcement plan. (See below) As part of the enforcement plan, you need to be willing to file a criminal complaint. You are a victim when a loud party disturbs your peace and quiet. Often just filing a criminal complaint resolves the problem because at some point the investigating detective will contact the perpetrator and the perpetrator will stop having the parties if the charges are dropped.
5 Call 800-ASK-LAPD each time there is a disturbance. This is the LAPD’s non-emergency dispatch line. Do not call 911 for a noise complaint. This can be very tedious at times especially when the wait is very long, leave the phone on speaker mode and pick up when the operator answers. If you cannot get through or wait long, make sure you contact your SLO as soon as possible and make a report so there is a record.
6. Look into hiring an attorney to file a civil action. The problem is the cost. If the property where the noise nuisance emanates from has sufficient equity to cover damages, this may be worthwhile.
7. If the location is used for commercial party purposes, i.e. charging admission or renting out the property for parties, this is an additional violation which your Neighborhood Prosecutor can address. This paper does not cover issues relating to the zoning violations. However, the noise laws do apply to the commercial use situation and it is usually easier to abate the problem using the noise laws because you do not have to prove commercial use. If commercial use is present, it is probably better to focus primarily on the noise violations while also looking for evidence of commercial use. However, you should ask the Neighborhood Prosecutor to involve the Department of Building and Safety Code Enforcement unit if you suspect commercial use.
SUMMARY OF APPLICABLE LAW
The Los Angeles Municipal Code (LAMC) prohibits loud parties and loud music in residential zones. These code sections apply at any time of the day. There is no need to wait until after 10pm.
1 LAMC Section 112.01 makes it unlawful for anyone to operate a stereo, radio, television or other amplification device in “such a manner as to disturb the peace, quiet, and comfort of neighbor occupants or any reasonable person residing or working in the area.” If you can hear the music more than 150 feet from your neighbor’s property line, the law presumes a violation and you don’t have to determine the “reasonableness” of the complaint. If you live in a condo or apartment and the noise level of the music coming through the walls is more than 5 decibels higher than your ambient noise levels, there is a violation.
2. LAMC Section 41.57 prohibits “loud and raucous” parties. This section works with LAMC Section 41.58 the “Loud Party Second Response Fee”. Under this Section, the police can, after warning the person having the party, bill the property owner for the cost of a second police response to that party. Finally, we have the catch all California Penal Code Section 415, “disturbing the peace”, which makes it a misdemeanor to “maliciously and willfully” disturb another person by loud and unreasonable noise.
The code sections are attached at the end.
ENFORCEMENT PLAN
1. Discuss an enforcement approach with your SLO. Make it clear that you want to file a criminal complaint with respect to each noise violation. Also make it clear that you are willing to follow through and testify in court. The problem with most noise problems is that people back out when it comes to filing a criminal complaint. They may have legitimate reasons to be afraid (eg gang issues) or they may be timid. Discuss this with your SLO. Not filing a criminal complaint makes it more difficult to eliminate the problem.
2. Ask the SLO and the Neighborhood Prosecutor to institute an enforcement policy whereby when the police arrive in response to a loud music/party complaint, that the officers immediately cite the offenders for violating LAMC Section 112.01 if the facts so warrant. Ask the Neighborhood Prosecutor to make sure that the officers understand how to apply the subsections of 112.01. The LAPD did revise its anti noise enforcement policy to reflect the above but it is best to make sure the officers are following the policy.
3. Ask the SLO and the Neighborhood Prosecutor to establish a rigorous policy of citing the offenders under LAMC Section 41.57. The officers should also issue a warning notice under LAMC Section 41.58 which triggers the ability to bill the property owner for the police response should the officers have to return to the location within 24 hours.
4. Special note: some LAPD officers believe they have to issue a warning before charging a suspect with violating the noise/party laws and that they can cite the violator only if he or she ignores the warning. This is not true. As noted in 2 above, this was an old LAPD policy. Insist that the officers always cite the violators when dealing with a problem location. The warning provision is required only to trigger the ability of the City to bill for the police response. It is unrelated to a criminal charge.
APPLICABLE LAW
Los Angeles Municipal Code Sections
SEC. 112.01. RADIOS, TELEVISION SETS, AND SIMILAR DEVICES.
(Amended by Ord. No. 156,363, Eff. 3/29/82.)
(a) It shall be unlawful for any person within any zone of the City to use or operate any radio, musical instrument, phonograph, television receiver, or other machine or device for the producing, reproducing or amplification of the human voice, music, or any other sound, in such a manner, as to disturb the peace, quiet, and comfort of neighbor occupants or any reasonable person residing or working in the area.
(b) Any noise level caused by such use or operation which is audible to the human ear at a distance in excess of 150 feet from the property line of the noise source, within any residential zone of the City or within 500 feet thereof, shall be a violation of the provisions of this section.
(c) Any noise level caused by such use or operation which exceeds the ambient noise level on the premises of any other occupied property, or if a condominium, apartment house, duplex, or attached business, within any adjoining unit, by more than five (5) decibels shall be a violation of the provisions of this section.
SEC. 41.57. LOUD AND RAUCOUS NOISE PROHIBITED.
(Added by Ord. No. 140,731, Eff. 8/24/70.)
(a) It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound making or sound amplifying device in his possession or under his control.
(1) upon any private property, or
(2) upon any public street alley, sidewalk or thoroughfare, or
(3) in or upon any public park or other public place or property.
(b) The words “loud and raucous noise” as used herein shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical, or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more of such places or areas.
The word “unreasonably” as used herein shall include but not be limited to, consideration of the hour, place, nature, and circumstances of the emission or transmission of any such loud and raucous noise.
SEC. 41.58. LOUD PARTY SECOND RESPONSE FEE.
(Title and Section amended by Ord. No. 167,133, Eff. 9/1/91.)
(a) Definitions.
Unless the context or subject matter otherwise requires, terms defined herein shall have the following meaning when used in this section:
1. Board. The Board of Police Commissioners.
2. Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.) The Office of Finance of the City of Los Angeles.
3. Department. The Los Angeles Police Department.
4. First Response Notice. A notice issued by a police officer pursuant to this section advising a Responsible Person that a Loud Party is taking place and that the disturbance must cease.
5. Loud Party. Any party, gathering or event where a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare.
6. Responsible Person. The person or persons who own, lease, reside or is in charge of the premises where the Loud Party, takes place; or the person or persons who organized the Loud Party. If the Responsible Person is a minor, then the parents or guardians will also be considered a Responsible Party and be jointly and severally liable for the Second Response Service Fee imposed by this section.
7. Second Response Notice. A notice issued by a police officer pursuant to this section assessing a Second Response Services Fee for a second, or subsequent, response to a Loud Party.
8. Second Response Service Fee. A fee imposed pursuant to this section to recover Special Security Costs.
9. Special Security Assignment. The assignment of Department personnel and equipment during a second, or subsequent, response to a Loud Party after the issuing of a First Response Notice.
10. Special Security Costs. Costs of services provided by the Department associated with a Special Security Assignment which may include personnel and equipment costs, damage to City property and injuries to City personnel.
(b) Authorization to Assess a Second Response Service Fee.
Whenever a Loud Party occurs, a police officer may issue a First Response Notice to a Responsible Person that the disturbance must cease. A second, or subsequent, response by a police officer, upon the issuing of a Second Response Notice, may result in the imposition of a Second Response Service Fee to recover Special Security Costs.
California Penal Code
415. Any of the following persons 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 ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.
Beautification Cleanup
Cleanup will be followed by a luncheon. For more information contact beautification@lfia.org.
Library Architecture & Beyond Series
"Los Angeles in Maps"
6:45
Los Angeles Central Library curator, Glen Creason, will tell you all about Los Angeles history based on the library's extensive collection of old maps. This is a must-see for those who are fascinated by maps and LA history.
The library is located at 1874 Hillhurst Ave. on the corner of Franklin Ave. For more information, please call the library at 323-913-4710 during regular business hours. Doors open at 5:45 p.m.
Skylight Books will have copies for purchase and signing. Event is sponsored by Merchants of the Los Feliz Village BID and the Friends of the Los Feliz Library.
1965 Hillhurst, Los Angeles CA 90027