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OFFICE OF THE CITY ATTORNEY <br />OPINION N0. 74-30 <br />August 15, 1974 <br />SUBJECT: Anti-Noise Ordinance; Application <br />to Postal Employees <br />REQUESTED BY: Chief of Police <br />OPINION BY: James A. Withers, City Attorney <br />BY: Richard E. Lay, Deputy City Attorney <br />QUESTION l: Is the City's anti-noise ordinance valid <br />and enforceable? <br />ANSWER: Yes, at least insofar as the specific prohi- <br />bitions contained within it are concerned. <br />The general prohibition against noises could <br />be worded to better express the legislative <br />purpose. The problems of enforcement are <br />primarily problems of proof, rather than con- <br />stitutional problems. <br />QUESTION 2: Can the anti-noise ordinance be enforced <br />against post office employees (with special <br />reference to a particular fact situation)? <br />~TSWER: Postal employees do not have immunity from the <br />ordinance. Recommendations on enforcement are <br />set forth in the Analysis. <br />I <br />FACTS <br />This opinion is in response to an incident occuring <br />recently at the Santa Ana Main Post Office. A resident near <br />the post office had made numerous complaints over a long <br />period of time to postal officials concerning nightime noise <br />at the post office. Eventually on July 31 he complained <br />to the city police. An officer responded to the complaint <br />and determined that the noise was definitely very loud and <br />disturbing to nearby residents. It appears to have been <br />caused primarily, if not entirely, by the use of metal carts <br />and ramps in the process of unloading mail deliveries to <br />the post office. The officer directed the postal employees <br />to cease using the carts and ramps under penalty of arrest <br />for violation of the Santa Ana antinoise ordinance, specifi- <br />cally SAMC section 13.309, paragraph (9), prohibiting the <br />creation of loud and excessive noise in connection with the <br />unloading of vehicles. The postal employees complied with <br />the officer's directives on that particular night. Apparently, <br />they again used the carts and ramps on the next few nights, but <br />shortly thereafter rubberized the carts and ramps, thus reducing <br />the noise level. Postal authorities have objected that the use of <br />such carts and ramps by the employees was pursuant to reasonable <br />directives of the employees' superiors and that the alternative of <br />- R~- <br />