You Better be Careful Riding Your Motorcycle through Malibu, California Between the Hours of 10:00pm and 7:00am

Norman Gregory Fernandez and Cat on a Motorcycle Ride in Malibu, CaliforniaI have seen some crazy laws in my time, but the “Noise Control Ordinance of the City of Malibu” takes the cake.
The ordinance in a nutshell makes it unlawful to make any noise which offends reasonable persons of ordinary sensitivity. I am not kidding.

Here are some select parts of the ordinance:

ARTICLE IV
PUBLIC PEACE
CHAPTER 2
NOISE

4204.Prohibited Acts.
A. Unnecessary Noises. The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park or other place or building, except the ordinary and usual sounds, noises, commotion or vibration incidental to the operation of said places when conducted in accordance with the usual and normal standard of practice applicable thereto and in a manner which will not disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators or customers of adjacent places of business.

D. Engines, Motors and Mechanical Devices Near Residential District. Except as provided in paragraph G of this Section regarding construction-related noise, the sustained operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at a distance of 50 feet from such structure, or within 10 feet of any residence.

E. Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle.

Basically what Malibu is trying to say is that Bikers are not welcome there at night. Unfortunately for Malibu it would appear that their ordinance is violative of the United States Constitution, and the California Constitution.

Simply starting your motorcycle in Malibu, at night would violate the ordinance!!

Beware, this ordinance is so subjective and vague that simply riding your motorcycle in Malibu at night may bring a ticket. I look forward to being able to challenge this ordinance if the situation presents itself to me.

I ride through Malibu all of the time. I doubt that this kind of ordinance would survive a California or Federal Constitutional challenge; however you never know what a Court will do.

You can see me pictured above with a friend, on a ride in Malibu “during the day.” I am in Malibu all of the time. I wonder if they will stop me on my Electra Glide?

This article is a simple warning. If you are riding through Malibu at night on a motorcycle with loud pipes or even stock pipes, you can look forward to getting stopped. If you do, give me a call at 818-584-8831 ext. 1. I would like to be the first to challenge this ordinance!

Ride Safe.

By Norman Gregory Fernandez, Esq. , Copyright 2006

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6 Comments

  1. Patrick Davis

    I live about 300 yards from the local high school. When the high
    school has football games and baseball games the music and the
    announcer are so loud that I have to turn the volume way up on
    my tv to watch a program inside my air conditioned closed house.
    I guess we need to pass an ordinance to have quiet football and
    baseball games so it won’t disturb the people in the neighbor-
    hood.

    Reply
  2. sandie [ Member]

    What are George Clooney, Brad Pitt, Cher and The Terminator suppossed to do move??? Pleae!! I look at this as discrimination against bikers and more of our constituional rights being chipped away. I am sure that bike owners pay their taxes and should not be treated as second class citizens living in Communist Cuba or Nazi Germany. There are so many other problems in this world….like the cost of gasoline and a gallon of milk. Our elected officials who are voted in to represent us should be paying attention to some seoius problems instead of singling out bikers to aggravate.

    Reply
  3. lesia

    These laws are meant for the Canyons that not just you invade but hundreds of motorcycles all day long-ESPECIALLY on weekends!!!!!!!!!!Get a life!If If I came to your house and drove up and down your street at the same decibel level all day long you’d be pissed too.Trust me!We buy these homes for small fortunes to escape noise and annoyance and here come hordes of obnoxious jerks who want to prove something by blasting the hell out of such a beautiful place.What is wrong with you people?What don’t you get?Have some consideration for others.This is our home and our neighborhood.These are our houses.We don’t ride up and down your streets fracturing the normal tranquil atmosphere do we?Would you allow that?No.Grow up and be adults.I thinK you’ve seen the Wild Ones One too many times!!!!!!There’s talk of speed bumps to totally discourage the racing crap.Better behave like considerate human beings before it’s too late!!!!!!

    Reply
  4. lesia

    Oh,it’s the have vs havenot argument now.I see!The speed bumps for the stretches on Latigo,Malibu,and the various other residential streets in the canyons you racing enthusiasts seem to love to utilize as your personal raceways.I’ll make sure to find your address and do the same for you sometime soon.How about in front of your office all day long?My husband’s office is at home.Your neighborhoods are fair game just like ours!!!!!

    Reply
  5. Norman Gregory Fernandez

    Lesia tell us how you really feel!

    All kidding aside, luckily for the rest of us poor souls who do not own homes in Malibu, you do not own the city! We have a right to share the streets just like anyone else.

    The City of Malibu does not have the legal right to put speed bumps on Pacific Coast Highway. Luckily for us, PCH is a California Interstate.

    You would be surprised how many firefighters who have saved your city on numerous occasions ride motorcycles! Maybe I will pass your kind words on to them so that they know they are not welcome the next time Malibu catches on fire! Actually I am not that much of an A hole.

    In closing, the next time I ride through Malibu which could be in the next couple of days, I will make sure I rev my engine just for you 🙂

    Norm

    Reply
  6. Norman Gregory Fernandez

    Ha Ha Lesia, you did not catch the joke or humor in my post to you. You assume too much. I was not using a haves v. have not argument. I can assure you that I do not want to live in Malibu. I prefer having a big house, with plenty of land, and lot’s of things to do without having to commute! Where I live there are 3 major malls within a few miles, more clubs, restaurants, and other things to do that you can shake a stick at, etc., and which you have to drive over the hill to get to; I don’t. Basically Malibu is a boring little city by the coast, that is cool to ride through during the day. That is about it!

    How the hell did I become a racing enthusiast just by being a biker? Obviously you do not read my Blog.

    With respect to speed bumps, they will not be placed on PCH, Malibu Canyon Road, or Kanan Road. That is really all I care about. If they are placed in a unsafe manner on a public street somewhere else, and a biker gets injured therefrom, you can bet your bottom that I will represent that biker, and file a lawsuit. As it stands right now, I am representing a Pepperdine Student who was injured in a motorcycle accident because of the unsafe manner in which construction was being done in Malibu Canyon about 6 months ago.

    There are plenty of bikers where I live and have my office. They are always welcome! Your threat would be music to my ears.

    Norm

    Reply

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