City Of American Canyon Online Community Forums

Guest,

First off lets get some basics out of the way.... There are 3 types of violations:
Infractions - Speeding, parking where you can't, and other minor violations.
Misdemeanors - Minors possessing alcohol, speed in excess of 100 MPH, minor assaults, petty theft (loss under $400) and
Felonies - Assault with anything likely to produce great injury, burglaries, and other serious crimes, including almost all controlled substance possession.

An officer must witness an Infraction or Misdemeanor to affect an arrest or issue a citation. Felonies require a reasonable belief that a felony occurred for an arrest.

Now, ANY citizen can make an arrest for a criminal violation that occurred in their presence, if the officer did not see the violation.

You have the same powers of arrest a Police Officer has. If you feel that a citation is necessary and witnessed the act, we can respond, complete the citation and you sign it and you become the arresting officer.... Now with that said, you also assume ALL the same civil and legal responsibility we do every time we make an arrest....

That means exposing yourself to civil suit for an illegal or wrongful arrest... If you try this method and the officer tells you that you do not have enough to make an arrest, believe him/her. They're not saying that to get out of a report... They're trying to save you A LOT of hassles.

If you feel your neighbor needs a citation for his loud music, and it was quiet when the police arrived, then we did not witness the violation. However, you did witness it and can request a citation be issued for disturbing your Peace. What you will need to convince the officer of is that the noise was unreasonable, offensive and would be considered unreasonable and offensive by a NORMAL person, hearing the same music you heard...

Think of a panel of 12 people sitting in a jury box, would they feel the same as you did based on what you tell the officer???

I hope this gives everybody some insight into what legal powers a citizen has. If you want more information on powers of arrest go to the topic Some Legal Sites for self-help and read Penal Code Section 832…

:D I just heard about this new forum from a friend. I think it is great. I just need a little more clarifying please.
If a resident, citizen etc. calls the police for loud music from a house lets say. When they arrive the officers hear nothing, the resident can then ask the officer to write the citation and let them sign it.
How is one suppose to ask an officer to allow and actually do this task.
It has been my experience our officers frown on allowing residents to use citizen's arrest (or citation).
Thank you for your time on this site. I think this is a great solution for alot of residents and hopefully for you too. :D

There are two questions here so I will answer them separately.

1st - Music from vehicles -

[b][b]Section 27007 VC -[/b]

[i]No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outisde of the vehicle from 50 or more feet when the vehicle is being operated upon a highway.[/i]

This particular section is an infraction. In order for us to cite that person we need to observe or in this case hear the violation, determine it is beyond the 50 foot point and issue the citation. Pictures of the vehicle do not help us because we need to testify in court that the volume of the music was a violation. Without actually hearing it ourselves and making a traffic stop at the time of the violation it will be difficult for us to convince the judge that their was a violation as we did not witness it.


2nd - Music from homes -

[b]American Canyon Muni-Code Section 8.12.020 -

[/b][i]Noise Disturbance is any sound which endangers or injures the safety or health of humans or animals; disturbs the peace of the neighborhood; annoys or disturbs a reasonable person of normal sensibilities.[/i]

In this instance we also have a penal code section that can assist us if necessary. If you have neighbors like this, give us a call. We will go contact the subject or subjects responsible for the noise and request they keep it down. If we have to respond to that same location numerous times within the same day or night we can issue citations. If there is no noise disturbance when we arrive and the reporting party wants a citation issued, we can write one for disturbing the peace, although the reporting party must sign the citation and is responsible for showing up in court and testifying about the citation. The officer in this situation would not be responsible for testifying before the judge about the violation.

If we hear it we can issue citations, if we don't hear it we can't issue a citation. Never the less we attempt to give everyone the benefit of the doubt and try to work with people. We may not issue a citation right from the begining. We may try to resolve the issue a different way. If nothing else works then we will resort to a citation.

I know this is lengthly but I hope I have provided relevant information and answered your questions. If I have not or you would like more information please ask and I will provide you with what I can.

[/i]

Van Halen? VAN HALEN?? Someone still listens to Van Halen? I thought that was now considered dinasour tunes! To be honest, I have a couple of their CD's back when they WERE Van Halen, and not Van Haggar :wink:
Sorry you have neighbors like that; it's bad enough when strange cars drive by with it on, its worse when the twirps live just down the street. Do you have any male family members who could go over there and discuss their options? (One from column A, one from column B)? :wink:

I am all for knowing this as well. I like to enjoy my backyard as well, and the other day, my neighbor kids a few doors down behind me had some horrible profanity type of cd going FULL BLAST. This was not music or that horrible rap music, this was literally a cd with F*** Y*** and similar. I yelled at them to turn it off at once as I have A 3 YR old and a 7 yr old that don't need to hear that! The twits responded with VAn Halen turned up full blast. Now, just so happened I was in a good mood and I enjoy the occasional Van Halen - ha to them. But yes, would like to know about the laws regarding the loud music. Thanks!

Officers; Thanks for creating this forum! :)

This post concerns those little miscrants who drive by your house with their trashy and profane urban music (some call it Rap, I add a "C" before the R) blasting its base into your home, rattling your fillings, and invading your privacy. We work hard to pay our mortgages, and I for one have absolutely NO tolerance for this juvenile stupidity. :evil:

What LEGAL recourses exist; what laws or ordinances are currently on the books for we law-abiding citizens and yourselves to prosecute and punish them? :?:

Sure, I CAN get digital photos of the license plate if I need to, but IS anything ever done to them? I tried doing this ten months ago to a small gray import car with four caucasion teenagers who were joyriding and speeding by my home, and brought them into the station... Although the officer present was as helpful as he could be, I was less than impressed with the lack of action open to me at that time to find and punish those kids. I recall that I was informed that unless an officer of the law actually SAW the offense being committed, there was little that could be done. Has this changed since then; IS there a PROVEN procedure currently in existance for us to use? Or, are these little punks pretty much able to get away with it? :?

Thanks again :!: