Staff Report on Noise Ordinance Exemption Is Baffling
The issue of the time limitations for the noise ordinance exemption are interesting:
The issue of the time limitations for the noise ordinance exemption are interesting:
The Vanguard immediately identified the source of this request, as for years, the residents of Cezanne Court have been fighting John Hillis, owner of the private for profit Montessori Country Day Care Center. As one of the neighbors described it to me, the problem is so bad that once school begins at 8:30 am, there is no possibility of resting in their own home. There is persistent noise throughout the day at levels approaching 90 dbs. Moreover there is trash and litter thrown throughout various adjacent properties.
A cursory examination of these statistics however, show little evidence of an increase in the crime rate in Davis over the last two years. And if anything the categories of burglary and larceny have trended down over that period, assault has remained stable if not a slightly downward trajectory, and motor theft has fluctuated but has at most remained stable if not also a slightly downward trajectory.
According to reports from Davis Police, the deputy made contact with the resident at the front door of the apartment. The deputy was confronted by the resident who was wielding a knife and the deputy shot the resident.
While the exemption from the city never occurred, the noise problem remains and has actually worsened. A letter signed by at least five residents was recently sent to City Manager Bill Emlen and copied to the the Police Chief Landy Black, each of the councilmembers, the Davis Enterprise and the Vanguard.
Recently, I was a first hand witness to a situation that could have been very negative, but because it was handled promptly, became a net positive for all involved.
For those not familiar with that case, it should have been a simple case. The then 16-year-old Buzayan was arrested in June of 2005 for an alleged hit-and-run. Whether or not the teen was driving the vehicle or the vehicle made contact with the other car are in doubt. What is not in doubt was a decision to go into the family’s home at night and arrest the girl in her pajama’s. The family then alleged a series of civil rights violations followed from that point in time, the most serious the allegation that the officer involved ignored pleas for an attorney. That case is still pending before federal court. It is moving slowly but depositions have or will shortly begin.
Chief Landy Black’s first inclination was to let the past be the past in response to comments by Former Davis Police Chief and current Antioch Police Jim Hyde in the magazine 110°.
The article on Jim Hyde is bound by a picture of him aiming his weapon towards the reader with a caption that reads:
There is some interesting legislation that finally looks at tackling runaway state salaries. Assemblymember Anthony Portantino has introduced legislation that looks to freeze salaries, benefits, overtime, and compensation for those who make over $150,000. One group not directly addressed in this are UC Employees. The numbers are staggering at the top end. Well publicized is President Mark Yudof getting an annual salary last year of over $800,000.
The Vanguard has acquired records dating back to 1994 that show that the neighbors living on Cezanne Court in Davis have had to put up with an inordinant amount of noise from their neighbor, the privately owned, for profit, Montessori Day Care business located at 1811 Renoir Avenue in Davis.
Frankly, the Vanguard should have raised the community’s awareness of this problem long before it has. However, the event that served as inspiration was Mayor Pro Tem Don Saylor’s move to place an exemption to the noise ordinance on the Council Agenda as an item submitted by a councilmember. The council has agreed to hear it as a full item, but the item was pulled from the last agenda.
As the staff report reads:
Yesterday’s Sacramento Bee ran an article that found that Citrus Highets and the Davis police departments have the highest staff turnover rates among other law enforcement agencies in the region.
“High-ranking officials from the two departments blame a variety of factors ranging from a new department’s normal break-in period to the way a racially charged incident was handled.”
The Bee quotes Assistant Chief Steve Pierce discussing issues involving the arrest of Halema Buzayan, then 16 in 2005, along with accusations of racial profiling.
Davis Police Officer Antoine Feher, 26, was arrested on the evening of Friday, September 12, 2008, outside the Park Ultra Lounge Night Club in Sacramento for a violation of California Penal Code 647(F), public intoxication.
The officer on the scene described Feher in a police report as having slurred speech, being unsteady and belligerent, while having a “strong odor of alcoholic beverage on his breath.”
Officer Feher was asked numerous times to leave the premises by security guards and officers, but he refused. He remained belligerent and argumentative and was taken into custody for public intoxication.
Back at the end of June the public was bombarded with news stories on television and in the newspaper that a new law was coming. Drivers would be fined if they are caught using a phone without some sort of hands-free device while driving. The first offense carries with it a $20 and that increases to $50 for subsequent violations.
On the other hand, despite being a clear public safety risk the DMV would not assign a point on people’s driving record.
Just over two years ago, I started this blog out of a sense of disempowerment, a sense of frustration. I had a real sense that something was very wrong in our community. Our government was at times out of line and when a government is out of line it tramples on the rights of individuals everywhere. Not just those individuals whose rights the government’s actions directly impact, but all citizens and residents.
From the holocaust we learn the price to be paid for inaction, as the Pastor Martin Niemoller learned all too late. One by one each group that the Nazis came for was greeted with inaction and indifference by the rest of the population. The realization of doom lays in the last lines of the Pastor’s sequence: “Then they came for me–and there was no one left to speak out for me.”
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