I read your recent Red Phone about loud music. If they make the
noise, you can call the police from 10 p.m. to 7 a.m.
“I read your recent Red Phone about loud music. If they make the noise, you can call the police from 10 p.m. to 7 a.m. Other than that, can they play the music as loud as they want? Am I wrong about that? I think you can call the cops whenever it bothers you. Thank you.”
and…
“As a Church Street resident, I daily think I am experiencing a minor earthquake only to find after careful listening that it is in fact someone driving slowly down the street blasting music. My house shakes, my windows rattle and the tranquility of my home is violated. I know I’m not the only one on Church Street bothered by this. Don’t we have anti-cruising laws? Why is the Gilroy Police Department not doing anything to prevent this?”
Red Phone: Dear All Shook Up, You can indeed call the police to report loud music any time you want, Sgt. Jim Gillio said. And police do occasionally cite vehicles that play loud music. The California Vehicle Code says that a vehicle on a highway can’t operate a sound system that can be heard from more than 50 feet away. This doesn’t apply to emergency vehicles, and special permits are required for parades and rallies.
“I would encourage the citizen to contact the police so that we can cite the driver of the vehicle that drives by their home every day with the music blaring,” Gillio said.
People can also file a citizen’s arrest in cases of noise disturbances.
“If noise is so unreasonable that it disturbs the peace of a reasonable citizen, the offended party can sign a citizen’s arrest for (noise violation),” Gillio said. “This would require the offended party to attend court proceedings to pursue charges against the party issued a citation. This is regardless of the time of day if the noise is very unreasonable.”
The state penal code he referred to –PC415 (2) – prohibits fighting in a public place, playing loud music and using “offensive words in a public place which are inherently likely to provoke an immediate violent reaction.” These infractions are punishable by up to 90 days in jail or a fine up to $400. To report loud music, you can call police at 846-0300.
Noise at private school
“I live behind the Pacific West Christian Academy. During the school year, the principal gathers everyone outside and uses a bullhorn to address the student body every morning. Fridays they have a sing along. I can tell school is about to start because I hear ‘Good Morning Pacific West Academy.’ Miss Brittney sits out back with an air horn. So all morning I get to hear the air horn blast every minute or more. I have tried to talk to her, but was ignored. What are the noise restrictions for the school?”
Red Phone: Dear Blown Away, Even though the school is a private institution, it is still required to follow the city’s requirements just like any other business would be required to follow, said Code Enforcement Officer Scott Barron. The city’s current standard for noise at a residential property is 70 decibels, which is roughly the equivalent of freeway traffic from 50 feet away.
“This is not an overly restrictive standard, and as such the noise created by the activities in question may or may not exceed the standard,” Barron said.
He said he would take a look at it and encouraged anyone to contact Code Enforcement at 846-0264 with additional complaints.
Follow-up on pickup trucks
Red Phone: Red Phone received a follow-up on two green pickups on Santa Barbara Drive that a caller said were eyesores and should be removed.
“Both were currently licensed,” said Community Service Officer Gary Muraoka. “One of the pickups had cobwebs to the ground and so I red tagged it for abatement.”
Residents can call the vehicle abatement complaint line at 846-0320 to report vehicles that violate the city’s storage policies.
ID for body
“I was reading the paper about the decomposed body found in San Martin. I was just wondering if that was the incident a couple months ago where the Morgan Hill police where chasing a bike through San Martin. Thanks.”
Red Phone: Dear Just Wondering, We’re not sure if this was the same person. The coroner will not definitely identify the body for two to three weeks, but initial signs point to it being a 43-year-old San Martin man. Check out more details in the story on A1.
