Santa Cruz City Noise Ordinance Unconstitutional - Central Coast News KION/KCBA

SANTA CRUZ, Calif. -- On any given day, you find Keegan Connor playing his guitar in Downtown Santa Cruz. He's one of many who use downtown as a stage.

But what if the music annoys someone, well then according to Santa Cruz's city noise ordinance they can be fined. The ordinance says no person should make any noises which are "unreasonably disturbing or physically annoying to people of ordinary sensitiveness."

"It's a very subjective thing. That's dangerous when laws can be that subjective," said Roger Digogio, Santa Cruz resident.  

In Watsonville the city uses the terms offensive or excessive noise when defining their ordinance. But the city of Salinas also prohibits annoying noises. 

After asking several people what they considered to be annoying noises, the answers varied from car alarms to construction sites noises.

But a federal judge ruled the "physically annoying" part of the ordinance as sufficiently objective. The part the judge said needs to change is the second clause which allows noises from activities such as street fairs or block parties.

The city hopes to change the exemption to any event in accordance with a city permit.

For now police cannot ticket any noises that are made within the city curfew.