415 PC
Any of the following persons shall be punished by imprisonment
in the county jail for a period of not more than 90 days, a fine of
not more than four hundred dollars ($400), or both such imprisonment
and fine:
(1) Any person who unlawfully fights in a public place or
challenges another person in a public place to fight.
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
(3) Any person who uses offensive words in a public place which
are inherently likely to provoke an immediate violent reaction.
While 415PC could conceivably be used to combat the noise created by OHV's, it would be a stretch. Due to the rapid increase in OHV usage, perhaps the lawmakers wanted laws specific to this growing problem.
OT - Tea Party Anyone?
Re: OT - Tea Party Anyone?
Am I the only one here that went to a tea party?
Peace,
Kevin
Peace,
Kevin
Re: OT - Tea Party Anyone?
(2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
This is what is known throughout the nation, under the Model Penal Code, as a "disturbing the peace" law. Many counties adopt the very same rule as an ordinance. At that point, an agency such as Code Enforcement enforces the county ordinance, not the Penal Code. For the most part, Code Enforcement cannot enforce the California Penal Code unless it's adopted by the county as an ordinance.
I forgot to mention, I'm told it was Code Enforcement that approached the County BOS about creating 3973 as a county ordinance specifically so they could go after OHV users. That is one of the reasons for the creation of 3973. The Sheriff is fully aware that they are sent on far too many wild goose chases looking for perpetrators of a crime that too often never happened. They receive a disproportionate number of calls from places like Wonder Valley, which diverts their attention away from far more important issues, and they have suspected for some time that many of those calls are bogus, in an attempt to raise the level of importance so the Sheriff will actually begin responding to those residents who complain the most and the loudest. So, many times, they just don't respond to the calls. Remember the parable of "The Boy Who Cried Wolf"?
It is my opinion that Code Enforcement is being a bit too pro-active and enthusiastic about advocating new and more restrictive laws against OHV use in the County. They are supposed to be a law enforcement agency that does their job without bias and without prejudice. I believe there is a pre-determined prejudice against OHV use within Code Enforcement, and possibly within county government. San Bernardino County already has a law against unreasonable noise. It's San Bernardino County Municipal Code, Section 83.01.080 – Noise. Code Enforcement can enforce that ordinance any time they like. But that clearly was not what they are after.
I believe the noise issue to be a surrogate issue, mainly because the real underlying issue is one not sufficiently bothersome to warrant passing a law, or it would be unConstitutionally discriminatory. Some organized mobs have such a hard-on for OHV use they will use anything at their disposal to eliminate the activity, make it more difficult to practice, or demonize its participants. Their real, underlying agenda makes them look like a bunch of extremist nuts, so they have to disguise the agenda.
person by loud and unreasonable noise.
This is what is known throughout the nation, under the Model Penal Code, as a "disturbing the peace" law. Many counties adopt the very same rule as an ordinance. At that point, an agency such as Code Enforcement enforces the county ordinance, not the Penal Code. For the most part, Code Enforcement cannot enforce the California Penal Code unless it's adopted by the county as an ordinance.
I forgot to mention, I'm told it was Code Enforcement that approached the County BOS about creating 3973 as a county ordinance specifically so they could go after OHV users. That is one of the reasons for the creation of 3973. The Sheriff is fully aware that they are sent on far too many wild goose chases looking for perpetrators of a crime that too often never happened. They receive a disproportionate number of calls from places like Wonder Valley, which diverts their attention away from far more important issues, and they have suspected for some time that many of those calls are bogus, in an attempt to raise the level of importance so the Sheriff will actually begin responding to those residents who complain the most and the loudest. So, many times, they just don't respond to the calls. Remember the parable of "The Boy Who Cried Wolf"?
It is my opinion that Code Enforcement is being a bit too pro-active and enthusiastic about advocating new and more restrictive laws against OHV use in the County. They are supposed to be a law enforcement agency that does their job without bias and without prejudice. I believe there is a pre-determined prejudice against OHV use within Code Enforcement, and possibly within county government. San Bernardino County already has a law against unreasonable noise. It's San Bernardino County Municipal Code, Section 83.01.080 – Noise. Code Enforcement can enforce that ordinance any time they like. But that clearly was not what they are after.
I believe the noise issue to be a surrogate issue, mainly because the real underlying issue is one not sufficiently bothersome to warrant passing a law, or it would be unConstitutionally discriminatory. Some organized mobs have such a hard-on for OHV use they will use anything at their disposal to eliminate the activity, make it more difficult to practice, or demonize its participants. Their real, underlying agenda makes them look like a bunch of extremist nuts, so they have to disguise the agenda.
-
Plays In The Dirt
- Posts: 854
- Joined: Sat Mar 28, 2009 5:51 pm
Re: OT - Tea Party Anyone?
[quote="Dan"](2) Any person who maliciously and willfully disturbs another
person by loud and unreasonable noise.
This is what is known throughout the nation, under the Model Penal Code, as a "disturbing the peace" law. Many counties adopt the very same rule as an ordinance. At that point, an agency such as Code Enforcement enforces the county ordinance, not the Penal Code. For the most part, Code Enforcement cannot enforce the California Penal Code unless it's adopted by the county as an ordinance.
Not exactly true.
"The Code Enforcement Division (CED) administers programs designed to protect the public's safety, welfare, and property value through enforcement of the San Bernardino County ordinances and State/Federal laws relating to land use, zoning, housing, public nuisances, vehicle abatement, and vegetation/fire hazard abatement."
http://www.sbcounty.gov/landuseservices ... efault.htm
person by loud and unreasonable noise.
This is what is known throughout the nation, under the Model Penal Code, as a "disturbing the peace" law. Many counties adopt the very same rule as an ordinance. At that point, an agency such as Code Enforcement enforces the county ordinance, not the Penal Code. For the most part, Code Enforcement cannot enforce the California Penal Code unless it's adopted by the county as an ordinance.
Not exactly true.
"The Code Enforcement Division (CED) administers programs designed to protect the public's safety, welfare, and property value through enforcement of the San Bernardino County ordinances and State/Federal laws relating to land use, zoning, housing, public nuisances, vehicle abatement, and vegetation/fire hazard abatement."
http://www.sbcounty.gov/landuseservices ... efault.htm
Re: OT - Tea Party Anyone?
What part wasn't true?
Re: OT - Tea Party Anyone?
DAN said: "Hey, Castle! What's shakin' there, youngster?"
Not much, just trying to stay warm and dry back here. Think I'll be back out that way around Memorial Day week end. Got some friends having a bash and feel the need to be there.
Not much, just trying to stay warm and dry back here. Think I'll be back out that way around Memorial Day week end. Got some friends having a bash and feel the need to be there.
Re: OT - Tea Party Anyone?
KEVIN said: "Am I the only one here that went to a tea party?"
Hell no! I went to one of the ones in my area. I think there is a ground swell coming and if we can get the people to vote for anyone but and imcumbant we can send a msg to Washington that we don't like their taxes, their land closures, and their taking away of our freedoms and rights.
Hell no! I went to one of the ones in my area. I think there is a ground swell coming and if we can get the people to vote for anyone but and imcumbant we can send a msg to Washington that we don't like their taxes, their land closures, and their taking away of our freedoms and rights.