People v. Mason

Opinion

REYNOSO, J.

Defendants appeal from a judgment entered (1) finding they were operating their business in such a manner as to constitute a public nuisance, and (2) permanently enjoining them from permitting music and related noise to be audible anywhere beyond the boundaries of their property. On appeal, defendants challenge the standing of the People to bring the instant action, the sufficiency of the evidence to support the finding that a nuisance was created, and the terms of the injunction as vague and overbroad.

The most serious issue is that of overbreadth as the defendants were enjoined from permitting noise “audible anywhere” in the neighborhood or beyond appellants’ property boundaries. As will be seen, we reject

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each of appellants’ contentions, except that of overbreadth. Accordingly, we reverse and remand.

I

In May 1980, the People filed a complaint for injunctive relief, alleging defendants were conducting their restaurant and bar business (hereafter the Lodge) in a loud, noisy, and unreasonable manner so as to constitute a public nuisance. Specifically, the complaint alleged defendants were permitting the use of sound amplifying equipment in such a fashion as to disturb the residents living close to the Lodge, and that the noise created by music, hand clapping and foot stomping “has greatly impaired the enjoyment of these premises as dwelling houses and has caused great nervous distress and loss of sleep which endangers the health, comfort and peace of the residents in the area.”

Evidence presented at trial indicated the Lodge is contiguous to a rural residential area known as the Paradise Estates, which consists of approximately 33 homes which were built around 1970. For more than 30 years, the Lodge has provided both live and juke-box music for its patrons. Depending on the time of year, the live music is played either inside the Lodge or outside on a deck.

Various residents of the subdivision testified on behalf of the People. The testimony of each resident was consistent to the extent the loud music, hand clapping, foot stomping and vibration emanating from the Lodge interfered with the use and enjoyment of their premises, particularly with their ability to sleep. Moreover, the residents testified the noise was so loud that closing windows and doors did not have an appreciable effect on reducing the level of sound. The testimony concerning the loud noise was corroborated by sheriffs’ officers who, upon entering the residents’ homes for the purpose of receiving complaints about the noise, were able to hear the noise coming from the Lodge. The music is apparently played every weekend, beginning around 9 p.m., and continuing as late as 1:30-2 a.m. Further testimony indicated the residents’ complaints, relayed to defendants, were of no avail.