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  1. #1
    Joseph_free is offline Member
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    Disturbing the peace

    What is the name of your state? CA

    I don't know if this is the right forum to post this. But here goes.

    There is a club the plays it musice Friday through Sunday from 9pm - 2am. I hear the bass throughout the night. I've call my city police but they won't do anything because the club is in another city. So I call that city's police to have them tell the club owner to turn the music down. They do tell the club owner but the owner doesn't comply.

    So the police says I have to file a "Disturbing the Peace" report with the station and after the formal complaint is made, both the club owner and I will have to go to court.

    Is that how this is usually done? I thought the police would give this guys a ticket for breaking the penal code?
    The police also told me the gather up my neighbors and have the neighborhood file a complaint? I feel like I am getting the run around? Am I?

    Losing sleep,
    Joseph
  2. #2
    CdwJava is offline Senior Member
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    Quote Originally Posted by Joseph_free
    Is that how this is usually done? I thought the police would give this guys a ticket for breaking the penal code?
    If you demand a "private person's arrest" (aka a "citizen's arrest") they have to accept it. However, they have options - arrest, cite, or release and file a report.

    In the event of a club with a business license, etc., you are probably going to be out of luck. Your best recourse would be to go to the city planning commission or city council and try to get a change through that venue.

    The police also told me the gather up my neighbors and have the neighborhood file a complaint? I feel like I am getting the run around? Am I?
    Not really. This is really a civil matter and not a criminal one.

    The elements of disturbing the peace (PC 415(2)) include the MALICIOUS and WILLFUL disturbance of another by loud and UNREASONABLE noise. A Nightclub playing music and doing what it has a permit and a license to do is NOT going to fit into these elements.

    Try working through the city where the club is, then seek a civil injunction or other civil action in court if you and your neighbors can do so. But, I wouldn't be too optimistic about your chances.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    CALIF-PROLAW is offline Junior Member
    Join Date
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    4
    Quote Originally Posted by Joseph_free
    What is the name of your state? CA

    I don't know if this is the right forum to post this. But here goes.

    There is a club the plays it musice Friday through Sunday from 9pm - 2am. I hear the bass throughout the night. I've call my city police but they won't do anything because the club is in another city. So I call that city's police to have them tell the club owner to turn the music down. They do tell the club owner but the owner doesn't comply.

    So the police says I have to file a "Disturbing the Peace" report with the station and after the formal complaint is made, both the club owner and I will have to go to court.

    Is that how this is usually done? I thought the police would give this guys a ticket for breaking the penal code?
    The police also told me the gather up my neighbors and have the neighborhood file a complaint? I feel like I am getting the run around? Am I?

    Losing sleep,
    Joseph

    My response:

    Molotov ****tail. Much quicker.

    IAAL
  4. #4
    Joseph_free is offline Member
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    California
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    Thank you for the informative response. I guess I'll have to start having my neighbors sign a document.
    What should the document say? Here is what I think it should contain: Name of Neighbor, signature, address?, a statement of what they are signing?

    Statment maybe something like this:
    We the neighborhood of XYZ city can hear Club ABC's music Friday-Sunday from 9pm-2am.

    I'll add more words but I'll just put the facts on the document and have my neighors sign them.
    I'll also try to go to city council / city planning commission as suggested.
    Quote Originally Posted by CALIF-PROLAW
    My response:

    Molotov ****tail. Much quicker.

    IAAL
    What is "Moloto ****tail"?

    thanks,
    Joseph
  5. #5
    CALIFPROLAW is offline Member
    Join Date
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    Quote Originally Posted by Joseph_free

    What is "Moloto ****tail"?

    thanks,
    Joseph

    My response:

    It's Molotov C o c k tail. Look it up on Google.

    IAAL
  6. #6
    Joseph_free is offline Member
    Join Date
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    Location
    California
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    Quote Originally Posted by CALIFPROLAW
    My response:

    It's Molotov C o c k tail. Look it up on Google.

    IAAL
    Ummm...I don't think I'll go to that extreme. Maybe I'll just have to move?

    Joseph

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