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ORDINANCE AMENDING RMC 7.35.010 TO INCLUDE A “PLAINLY AUDIBLE” STANDARDCITY COUNCIL MEETINGFebruary 25, 2025City Attorney’s Office RiversideCA.gov2
•Residents have been complaining about the noise coming from the Downtown area and unpermitted house parties. –Bars and nightclubs within the Downtown area have seen growth in popularity, and the noise generated as increased over time.–Corresponds with increased calls for service and violent activity. BACKGROUND 1 2
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•RPD has also seen an increase in unpermitted house parties (“flyer parties”). –Promoters will advertise a party on social media 24 to 48 hours prior to the event, typically held at a vacant house or building.–These parties will have a DJ, fully functional bar, and charge admission. –Unlicensed security. •Often armed.–Increase in litter, drug activity, noise complaints, vehicle/pedestrian traffic, violent altercations between homeowners and party goers. BACKGROUND RiversideCA.gov4
•The Downtown Experiment–Wednesday 11/27/24 RPD observed the bar full of customers after 10 p.m. –Noise and music projected outdoors through outdoor speakers and the business not keeping doors closed. –Sunday 10/27/24 RPD responded to PC664/187 inside the bar. •July 28, 2024 Flyer Party Shooting–RPD responded to another PC664/187 inside a “flyer party” which occurred between two groups of individuals. –RPD Robbery/Homicide and Gang units are investigating.–Left at least one partygoer in the hospital with serious injuries. EXAMPLES 3 4
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•Municipalities that have Adopted “Plainly Audible” or “Reasonable Person” Standards in Ordinances:–City of Corona (CMC 9.24.010 )–County of Riverside (RCO 9.52.060(C))–City of Fontana (FMC 18-63(b))–County of San Bernardino (SBCO 24.0705, 24.0706)•Each Ordinance Addresses:–Licensing requirements for special events;–Noise or sound that is “plainly audible” from a given distance; and–Includes a reasonable person standard.SIMILAR ORDINANCES IN OTHER JURISDICTIONS RiversideCA.gov6
•Section 7.35.010 – General Noise Regulations–Subds. A and B currently restricts “any noise disturbance”. –Subd. C’s plainly audible standard only includes transmission of sound through walls of adjoining units within a building. •Section 7.10.125 – “Noise Disturbance” Defined –"Noise disturbance" means any sound which, as judged by a City police officer or code enforcement officer, annoys or disturbs a reasonable person of normal sensitivities or exceeds a standard set forth in this title.–Does not include “plainly audible.” –Reasonable person standard should be included in 7.35.010 or cross-referenced within that section, along with the other factors. •Existing law accounts for variances and permitted activities–Chapter 7.40 includes a permitting process for variances. –Chapter 19.250 addresses entertainment permits. RIVERSIDE MUNICIPAL CODE5 6 2/4/2025
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•Section 7.35.010 – Fines and Penalties –Currently limits administrative fines for a violation of this chapter to the $100, $200, $500 amounts in Section 1.17.230. •These fine limits were originally set by state statute in 1983.–This amendment would increase the fine amounts to $500 upon a first violation, $750 upon a second violation, and $1000 upon a third or subsequent violation. •Would now account for over 40 years of inflation and rapid population growth in the downtown area. RIVERSIDE MUNICIPAL CODE RiversideCA.gov8
Strategic Priority #2 Community Well-Being, Goal 2.4Cross-Cutting Threads
STRATEGIC PLAN ALIGNMENT
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That the City Council:1. Receive the following report and presentation proposing amendments to Riverside Municipal Code sections 7.15.010 and 7.35.010;2. Amend Municipal Code Section 7.15.010 to increase the fine amounts for violations of the noise ordinance;3. Amend Municipal Code section 7.35.010 to cross-reference and include the reasonable person standard listed in section 7.10.125; 4. Amend Municipal Code section 7.35.010 to add Subdivision D, which includes a plainly audible standard of 25 feet. RECOMMENDATIONS9