New noise violation policy has more fines, stricter rules

By Megan O'Connor

When Santa Clara police begin to enforce the city's new noise violation ordinance next month, those who host parties in the neighborhood surrounding the university will risk additional fines, eviction and possibly even criminal prosecution.

In December of 2006, the City Council of Santa Clara made changes to ordinance 9.50.060, which calls for residents to be fined in cases where police make additional responses to a party, gathering or event deemed to be a public nuisance.

Currently, police issue a warning to residents, commonly referred to as a "48," which means students are subject to a $500 fine if police must respond to the residence for another noise complaint within 48 hours of their first warning. Under the new ordinance, that 48-hour period has been extended to 72 hours. There is also an additional fine of $150 in cases when the police make a second response 30 days after the original response. Before the ordinance was changed, there was no fine for this infraction.

Sgt. Gabrielle Seagrave estimates that officers will begin issuing the new 72-hour policy in May.

Two other related codes were also passed in December, which state that the city may enforce violations as criminal, civil and/or administrative action. The city can also hold landlords liable if police respond to the premise more than once.

While the 72-hour policy and criminal prosecution codes have yet to be enforced, the landlords liability policy has gone into effect.

Seagrave said the police have not had to fine any landlords yet, but it could happen at any time.

Landlords are liable for fees and any injuries or damage of city property if the city is required to respond to parties on the same premises more than once in any one-year period, provided that a written notice has been mailed to the owner of the property and the gathering occurred at least ten days after the mailing of the notice.

Information about the change in city noise ordinances will be included in the Guide to Off-Campus Living handbook issued by the school this spring.

"We want to cooperate with the city, and we want to make sure students are aware of changes in local ordinances concerning their off-campus residences," said Jeanne Rosenberger, vice provost for student life.

Rosenberger foresees landlords feeling the largest impact of this change in ordinance. "This will likely lead to more evictions," said Rosenberger. "I anticipate there will be changes in leases, as well."

With landlords being liable for fines given for responses to parties, Rosenberger predicts those fines will trickle down to the students.

"This is not an attempt to eliminate parties, but a practice in event management and hosting reasonability," said Rosenberger.

Contact Megan O'Connor at (408) 554-4546 moconnor@scu.edu.