Noisy Neighbors and Nuisance Parties

Noisy neighbors and nuisance parties are a common problem in Davis. Small residential lots, close property lines, numerous multi-family dwellings, and a large college-aged population contributes to this issue. Noisy neighbors can make life challenging, particularly if the noise continues well into the night or during the early morning hours. Given the delicate nature of this issue, listed below are tips on how to resolve a noise issue and guidelines on when to involve the Davis Police Department's Code Enforcement Officer.

First Steps

If possible, try to personally address the noisy neighbors about the issue. This conversation should be polite, especially since the neighbor may not recognize they are being disruptive. Briefly explain the noise issue, and ask if they might be willing to remedy the situation (turn down the music, create situations for the dog to stop barking, end parties earlier). You can also add that you realize they hear your noise, and you are willing to compromise to adjust any behaviors that may be creating extra noise in their home.

You should be aware that not all neighbors are going to respond to your request, and some may respond in a hostile manner. If noisy neighbors don’t change their behavior, there are other options. The City of Davis has a noise ordinance and it is enforced by the Davis Police Department. If the noise is loud and disruptive, you can file a noise complaint by calling the Davis Police Department business number at (530) 747-5400. Make sure to call at the time the noise is occurring. The arriving officer MUST hear the noise and determine there is a violation in order to take enforcement action.

In the event you do not want to involve the Police Department, you can write a letter (keep a copy) to the offender(s), the property owner, or the property management company, detailing the noise problem. If you live in an apartment or are part of a homeowner’s association (HOA), confirm whether there are noise policies in place that can be referenced in the letter. Make sure to include copies of city ordinances on noise, HOA rules, or apartment complex rules (if available).

If the reoccurring noise problem continues, the Davis Police Department can be called for further assistance. See below for excerpts of various ordinances that can be used as a guideline :

Noise Ordinance

The City of Davis has a robust noise ordinance, which is enforced by calling the Davis Police Department (530) 747-5400 at the time the noise or party is occurring. The ordinance can be located online within the Municipal Code.

General Noise Prohibition

It is an infraction for any person to willfully make any noise which unreasonably disturbs the peace and quiet of any neighborhood. In determining whether the noise is unreasonable, the following factors are used;

(1)    Loudness (intensity) of the sound;
(2)    Pitch (frequency) of the sound, e.g. very low bass or high screech;
(3)    Duration of the sound;
(4)    Time of day;
(5)    Necessity of noise, e.g. garbage collecting;
(6)    Background noise.

Permits Required

It is an infraction to have a party with more than one hundred people in attendance and where the noise emanating from the event will be audible at the property plane without first getting a noise permit from the Davis Police Department.

Loud Animals

It is an infraction to keep or maintain any animal or fowl which, by any sound, cry or behavior causes annoyance or discomfort.

Other Loud Noise

The noise ordinance has separate provisions relating to construction noise, use of power tools, and other categories of noise.

Public Nuisance

The City of Davis also has a robust nuisance ordinance, which can be enforced by the Davis Police Department and Code Enforcement.

Nuisance

In California, anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance. The City of Davis further defines many other conditions which are considered a nuisance within the Municipal Code.

The nuisance ordinance can be a useful tool in dealing with a persistently noisy neighbor or with a “party house.” Under the nuisance ordinance, any person owning, leasing, occupying and/or having charge or possession of any premises or land in Davis can be held responsible for correcting the nuisance. In addition, if they fail to correct the problem, all of the persons allowing the nuisance to continue are subject to administrative fines.

Under California law, a person who creates a nuisance is subject to arrest and prosecution on a misdemeanor offense.

If a person is contacted or cited for a noise violation by the Davis Police Department, the contact/citation is forwarded to our Code Enforcement Officer.  If it is the first contact or citation at the property within 12 months, a Notice of Violation (written warning) is mailed to the property owner and person(s) contacted or cited. 

If additional noise complaints or violations are issued, within a 12-month period at the same address, the City will issue an Administrative Citation to the property owner and person(s) contacted or cited. The first administrative citation is $100, the second violation $200, and any subsequent violations will be $500 each.

The Davis City Code provides that, no person, corporation or organization shall suffer, permit, allow or host a party, gathering or event at his or her place of residence or other private property, place or premises where persons under the age of twenty-one years are present and alcoholic beverages are in the possession of, or are being consumed by, any person under the age of twenty-one years. A first violation is an infraction and any subsequent offenses within one year of the first offense are a misdemeanor.

Next Steps

When faced with a continued noise problem or “party house", please contact the Code Enforcement Officer at the Davis Police Department (530) 747-5446. The Code Enforcement Officer will assist in the abatement of the noise issue.

Depending on the nature of the problem, the Code Enforcement Officer may assist by doing one or all of the following:

• Making the residents aware of the complaints. Often times personal contact abates the problem.

• Sending a formal warning to the resident, property manager, and/or property owner advising that they must correct the problem.

• Issuing administrative citations for violations.

• Asking the District Attorney to enforce state law nuisance provisions.

You may also take private legal action against anyone who creates a nuisance. Remedies include asking a judge to order the nuisance be abated or suing to recover damages for any harm created by the nuisance.