County Code Photographic Evidence

The San Bernardino County Code specifically requires evidence such as photographs and video for complaints where there is only one complaining family.


"28.0406 - Disturbing the Peace and Quiet Prohibited.
Notwithstanding any other provision in this chapter, no person shall operate any motor vehicle (including any off-highway motor vehicle), or the motor thereof, nor shall any person organize, conduct, or participate in staging (as defined herein), in a manner that disturbs the peace or quiet of any neighborhood or person by noise, dust, smoke, or fumes caused by such motor vehicle or staging activity. The Code Enforcement Division of Land Use Services Department shall establish procedures for the investigation and enforcement of this section, which shall be substantially similar to those contained in section 32.0119 of the County Code, except that if the offending activity occurs in the presence of a code enforcement officer or peace officer, the officer shall have the authority to issue a citation to the offending party pursuant to applicable provisions of this Code." - see

Note, the portion I have bolded.  There is no reference to a sound decibels standard there. In addition, only a single person need be bothered for a violation to occur.  However, the above 28.0406 references section 32.0119 for procedures for investigation and enforcement of the section.  It reads in part:

"32.0119  ...   If there is more than one neighboring inhabitant, as defined above, evidence of a public nuisance may, upon application of a single complaining neighboring inhabitant, be established by that person by seeking a waiver from the chief officer of the two complainant requirement. To obtain such a waiver, a single complainant shall provide to the Animal Control Officer additional credible evidence of a violation, which may include, but is not limited to, tape recordings, videotapes, sound monitoring logs, photographs, maps, or declarations of other persons." see

Jack and Mindy Ross petitioned the government in precisely the way that the San Bernardino County Code Section 32.0119 instructs its citizens to act, and as instructed by code enforcement personnel.  They videotaped the suspected violations perpetrated by the Mitchells.  The Ross's actions to photograph anyone they suspected of violating the noise standards of San Bernardino has and had a legitimate purpose.

In response, the Mitchells requested and received a civil harassment restraining order from Judge Rodney Cortez of the Joshua Tree Superior Court.  This a miscarriage of justice.

Nothing contained herein is tendered as nor should it be considered as legal advice.  What is legal is not necessarily justice.  Almost all of reality is non-"published", ergo, what is legally affirmed is always a retarded misrepresentation of reality.   Use at your own risk!