Police Department Policy

428_Noise_Ordinance_Enforcement_7222025

San Luis Obispo County Sheriff

Policy Text
Policy 428San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2025/07/01, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentNoise Ordinance Enforcement - 1Noise Ordinance Enforcement 428.1 PURPOSE AND SCOPE The Police Department shall ensure the effective abatement of noise conditions which are a detriment to the public health, comfort, convenience, safety, welfare, and the peace and quiet of the City and its inhabitants in a timely, legal and reasonable manner. It shall be the policy of this Department to promptly respond to all reports of violations of the City Noise Control Ordinance, conduct thorough investigations, take appropriate enforcement and abatement actions, prepare necessary reports, and assist the City Attorney and/or the District Attorney in the prosecution of offenders. 428.1.1 AUTHORITY The following sections of the San Luis Obispo Municipal Code provide authority to enforce and abate noise violations, and to recover the costs of a second response to a violation: Chapter 9.12: Noise Control: Defines violations and provides for the enforcement of noise violations via administrative citation; provides for administrative action against property owners for repeat violations. Chapter 9.21: Second Response Cost Recovery: Provides for the recovery of response costs for a second response to a noise/party violation within a 24-hour period. 428.2 DISPATCH RESPONSIBILITY The Communications Technician receiving the noise complaint should attempt to determine the nature and location of the noise violation, including whether a gathering involves large numbers of people. The name and contact information for the complainant should be obtained whenever possible. When an address of the violation is known, the Communications Technician shall determine if the address is: (a) On the "no-warning" list, or (b) Student Neighborhood Assistance Program (SNAP) or an officer has responded to a noise violation within the past 24-hours If the address meets any of these criteria, or if the complaint indicates a large or unruly gathering, officers should be dispatched to the call. If the complaint does not meet these criteria, SNAP should be dispatched (or an officer if SNAP is not on-duty). If the address is a recognized Greek house or Cal Poly event, the University Police Department should be notified of the response. 428.3 ENFORCEMENT PROCEDURES Upon arrival, SNAP or officers should determine if a noise violation is occurring. If the activity is in violation of the noise ordinance, a warning should be issued in the form of a Disturbance Advisement Card (DAC). If the violation meets any of the following criteria, then a citation should be issued instead of a warning: (a) On the "no-warning" list San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Noise Ordinance Enforcement Copyright Lexipol, LLC 2025/07/01, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentNoise Ordinance Enforcement - 2(b) SNAP or an officer has responded to a noise violation where a DAC or citation has been issued within the past 24 hours (c) Gathering involving more than 75 people (d) Gathering involving other violations (e) Residents uncooperative with SNAP Officers have the discretion to issue a warning for a noise violation when there are extenuating circumstances that warrant a lower level of enforcement. Information about the nature of the gathering, including the number of people present, the type of violation (i.e. loud voices, amplified music, etc.) and the presence of alcohol should be noted on the DAC or citation. Should SNAP or officers determine other violations are occurring in addition to, or instead of, the noise violations, appropriate enforcement action should be taken. SNAP and officers should be particularly aware of violations of the Unruly Gathering ordinance, Social Host ordinance, and underage drinking violations. 428.3.1 PRIVATE PROPERTY CONSIDERATIONS In investigating a noise violations, SNAP and officers may enter those portions of private property normally open to members of the public pursuant to Fourth Amendment limitations. Other areas may be accessed with consent of the residence or pursuant to exigent (emergency) circumstances. If a noise violation has been verified, but the resident(s) will not respond to attempts to contact in person or by phone, the officer shall document the violation in a report for administrative action. 428.3.2 VIOLATIONS INVOLVING GREEK OR UNIVERSITY ORGANIZATIONS If a violation is determined to involve a Greek organization (fraternity or sorority) or organized University event, the University Police Department should be requested to respond. Noise, alcohol and party violations may also be a violation of the Greek organization's Conditional Use Permit issued by the City, so documentation of violations is important. Indicia supporting the Greek or organizational affiliation should be noted on the citation or report (Greek letters, posters, flyers, etc.) and photographs should be taken accordingly. The presence and identity of underage attendees consuming alcohol should be noted in the report. 428.3.3 REQUESTS FOR ASSISTANCE FROM PARTY HOST If a request is made by a party host for assistance from officers to break up their party and disperse the attendees, the officer may consider having the party host complete a Citizen's Noise Complaint/Assistance Request Card and obtain the residents' signatures. 428.4 PROPERTY OWNER ENFORCEMENT AND APPEALS The Office of the Neighborhood Outreach Manager shall be responsible for issuing warning letters and administrative citations to property owners and for scheduling requested noise

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