Got a Loud Noise ticket but we never even talked to the cop!

[mrsoftey2]

What is the name of your state (only U.S. law)? Santa Cruz, California

This prior weekend we had a party at our house. At 12:57 a police office arrived at our house to quieten it down. Apparently he claimed there was a complaint. At the time few people were actually inside of our house, i would say close to 25. The majority had left the house and had gone out into a shared driveway like area. Also outside and not ours was a dog someone had brought which we very clearly asked to leave the house. Everyone left immediately. This is also our first violation.

Regardless of how loud the party was, and the responsibility of us to keep our guests either inside or to force them off the property, my question focuses more on the fact that the person which signed the ticket doesn't even live at our house. In fact nobody who lived in our house even talked to the police officer. He just talked to someone outside who claimed to live at our address and signed the ticket! The cop never came into our house and never spoke to a single resident.

Can we fight the ticket on this reason, preferably without getting the signee in trouble?

Another thing is that a 9.37 ticket could have been given, which would have resulted in a warning. Can we fight for a change to that violation? I've included both sections of code below.

Code/Section: 9.36.010 we were cited for. Relevant code copied below

9.36.010 CURFEW - OFFENSIVE NOISE.

(a)No person shall between the hours of 10:00 p.m. and 8:00 a.m. make, cause, suffer or permit to be
made any offensive noise (1) which is made within one hundred feet of any building or place regularly
used for sleeping purposes, or (2) which disturbs, or would tend to disturb, any person within hearing
distance of such noise.

(b)"Offensive noise" means any noise which is loud, boisterous, irritating, penetrating, or unusual, or
that is unreasonably distracting in any other manner, such that it is likely to disturb people in the
vicinity of such noise, and includes, but is not limited to, noise made by barking or howling dogs, by
an individual alone or by a group of people engaged in any business, meeting, gathering, game, dance,
or amusement, or by any appliance, contrivance, device, structure, construction, ride, machine,
implement, or instrument.

(c)Subsection (a) above shall not apply between the hours of 7:00 a.m. and 8:00 a.m. to any person
engaged in performance of a contract for public works awarded by the city of Santa Cruz where the
director of public works determines that the project has the potential to disrupt traffic and that this
disruption could be alleviated by authorizing construction work to commence at 7:00 a.m. or that due
to time constraints on project completion it is necessary to allow the contractor to begin work at 7:00
a.m.

(d)Subsection (a) above shall not apply to any person engaged in performance of a contract for public
works awarded by the city of Santa Cruz, in the event of emergency and if the city manager of the city
of Santa Cruz so authorizes such work.

(Ord. 97-05 § 1, 1997: Ord. 96-23 § 1, 1996: Ord. 80-29 § 1, 1980; prior code § 4274).

 

[mrsoftey2]

Chapter 9.37
CHARGES FOR SPECIAL SECURITY SERVICES AT LOUD OR UNRULY GATHERINGS
Sections:
9.37.010 Definitions.
9.37.020 Response to loud or unruly gatherings.
9.37.030 Cost recovery for special security services.
9.37.040 Billing and collection.
9.37.050 Violations/Fines.
9.37.060 Service of alcoholic beverages to minors.

9.37.010 DEFINITIONS.
The following terms used in this chapter shall have the meanings set forth in this section.
(a) “Responsible person(s)” shall mean a person(s) with a right of possession in the property on
which a loud or unruly gathering is conducted, including, but not limited to, an owner or tenant of the
property if the gathering is on private property, or a permittee if the gathering is a permitted gathering
on public property, or any person(s) accepting responsibility for such a gathering. “Responsible
person” shall additionally include the landlord of another responsible person and the parents and/or
legal guardians of responsible persons under the age of 21 years. To incur liability for special security
service charges imposed by this chapter the responsible person need not be present at the loud or
unruly gathering resulting in the emergency response giving rise to the imposition of special security
service charges. This chapter therefore imposes vicarious as well as direct liability upon responsible
persons.
(b) “Special security services” shall mean the provision of any police, fire or other emergency
response service to a loud or unruly gathering within twelve months of a first response as provided in this chapter.
(c) “Loud or unruly gathering” shall mean a gathering of two or more persons on private property
or a permitted gathering of two or more persons on public property whose loud or unruly conduct
constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare,
including violations of Chapter 9.36. This term excludes incidents of domestic violence. A loud or
unruly gathering shall constitute a public nuisance.
(Ord. 2005-20 § 1, 2005: Ord. 89-03 § 1, 1989).

9.37.020 RESPONSE TO LOUD OR UNRULY GATHERINGS.
When a police officer responds to a first loud or unruly gathering at premises in the city with a given
address, the officer shall inform any responsible person at the scene that:
(a) The officer has determined that a loud or unruly gathering exists; and
(b) Responsible persons will be charged for the cost of any special security services required for
subsequent responses to the scene within the next twelve months.
Only one warning will be given pursuant to this section before the city assesses special security
service costs pursuant to Section 9.37.030. If a responsible person cannot be identified at the scene, the
police department may issue a warning to one of the other responsible persons identified in Section
9.37.010(a) or subsequently return to the scene and issue the warning to a then-present responsible
person. To the extent feasible, each warning shall be documented in the form of a letter and mailed by
the city to each responsible person. Warnings given to responsible persons who do not reside at the
premises in question shall be delivered by certified mail.
(Ord. 2008-05 § 1, 2008: Ord. 2005-20 § 2, 2005: Ord. 89-03 § 1, 1989).

9.37.030 COST RECOVERY FOR SPECIAL SECURITY SERVICES.
(a) When the police department or fire department or other city emergency responder responds to a
loud or unruly gathering at premises with a given address in the city within twelve months of a
warning given to a responsible person for those premises pursuant to Section 9.37.020, or while any
such warning remains in effect pursuant to Section 9.37.050, all responsible persons shall be jointly
and severally liable for the city’s costs of providing special security service for that response and all
subsequent responses during that warning period.
(b) (i) A tenant/responsible person who is a member of a multi-tenant/responsible person
household may request a determination from the city that, in relation to his or her fellow
tenants/responsible persons, he or she is not primarily liable for city costs assessed to responsible
persons pursuant to subsection (a).
(ii) At a minimum the determination request shall document by clear and convincing
evidence that the requesting tenant/responsible person was not on or about the premises at any time
during the loud or unruly gathering or during the twenty-four (24) hour period preceding the city
response to the loud or unruly gathering and that the requesting tenant/responsible person had no prior
knowledge of the gathering that ultimately resulted in the city response and cost assessment.
(iii) The determination request shall be submitted in writing to the city official designated by
the City Manager to hear and rule upon such requests.
(iv) The written determination request shall be submitted within fifteen (15) calendar days of
the date of the city cost invoice to the requesting tenant/responsible person; late determination requests
shall not be considered.
(v) The decision of the designated city official on the request determination shall be final.
(vi) A city determination that the requesting tenant/responsible person is not primarily liable
shall operate to preclude the city from undertaking further cost collection action against the requesting
tenant/responsible person but shall not operate to bar any other responsible person, including landlords,
parents or legal guardians, from seeking contribution or indemnity for such costs from the requesting
tenant/responsible person.
(c) Landlords shall be prohibited from charging tenants a deposit against potential cost
assessments levied pursuant to subsection (a) where the tenants, during the current or any previous
lease agreement with the landlord for the premises which are the subject of the lease agreement, have not been cited and convicted for violating this chapter. Upon any such citation and conviction, the
landlord shall be authorized to charge such a deposit. For purposes of this subsection, a no contest plea
and payment of a fine for violating this chapter shall constitute a conviction.
(Ord. 2008-05 § 2, 2008: Ord. 2005-20 § 3, 2005: Ord. 89-03 § 1, 1989).

9.37.040 BILLING AND COLLECTION.
Charges for special security service shall include a reasonable charge for the emergency responder’s
time and actual costs of any equipment used or damaged in connection with the response, together with
an additional thirty-three percent of the special security charge for administrative overhead. These
charges shall be computed and a bill submitted to the responsible person(s). The chief of police shall
promulgate notice and billing procedures for this purpose. The bill shall be a debt owed to the city and
failure to pay that bill within thirty days is a violation of this code. If the city is obliged to initiate
litigation or other proceedings authorized by Title 4 of this code to recover this debt, the responsible
person shall be liable for:
(a) Costs of suit;
(b) Attorney’s fees; and
(c) Costs of collection.
(Ord. 2005-20 § 4, 2005: Ord. 89-03 § 1, 1989).

9.37.050 VIOLATIONS/FINES.
(a) It shall be an infraction for a responsible person to conduct or allow a loud or unruly gathering
on premises owned by the responsible person or on premises rented by or to the responsible person. A
third or subsequent violation within a twelve-month period shall constitute a misdemeanor.
(b) Fines.
(1) A first violation of this section shall be punishable by a fine of $250.00.
(2) A second violation of this section at a given address in the city within a given twelvemonth period shall be punishable by a fine of $500.00.
(3) A third or subsequent violation of this section at a given address in the city within a given
twelve-month period shall be punishable by a fine of $1,000.00.
(c) The fines prescribed at subsection (b) are in addition to any special security service charges
that may be assessed pursuant to this chapter.
(d) The second, third or subsequent violation fines prescribed at subsections (b)(2) and (b)(3) are
payable whether or not the responsible person at the time of the current loud or unruly gathering is the
same person who was the responsible person for any prior loud or unruly gathering at those premises.
(e) The fine schedule prescribed at subsection (b) is a “rolling schedule” meaning that in
calculating the fine payable the police department or city attorney shall count backward starting from
the date of the most recent loud or unruly gathering to determine how many prior loud or unruly
gatherings have taken place at the premises in question during the statutory twelve-month period. A
warning given pursuant to Section 9.37.020 shall remain in effect for the premises at a given address
until a full twelve-month period has elapsed during which there have been no loud or unruly gatherings
at those premises.
(Ord. 2005-20 § 5, 2005)

 

[OHRoadwarrior]

Soooooo..... Who is the ticket written to?

 

[CdwJava]

Yes, who is named on the citation ... THAT is the person that must respond at court.

What may occur depends a great deal on this little factoid.

 

[mrsoftey2]

A friend who lives in Davis, California.

Again he doesn't live at the house but I obviously don't want to get him into a lot of trouble for lying to a police officer.

 

[CdwJava]

A friend who lives in Davis, California.

Again he doesn't live at the house but I obviously don't want to get him into a lot of trouble for lying to a police officer.

The person named on the citation is the person who has been technically arrested and must appear to answer for the offense. He can hire an attorney if he wishes. If he denies responsibility for the party even after he claimed that responsibility to the officer, he can potentially be charged with obstructing and delaying an officer, and they can still file charges against the person responsible for the home ... you.

So, he can plead "not guilty" and go to trial, forcing the state to show that he made, caused or permitted the noise to occur after the specified hours, or, he can plead "no contest" or "guilty" and pay the fines. His choice.