Keep Discovery Park Quiet

A quiet Aftershock is the law!

Law

The Sacramento County Regional Parks Director approved the Aftershock permit applications for 10 years. Instead, each permit should have been rejected because Aftershock violated five county laws and two regulations:

1. The law does not give permission to an event producer to fence out other park users. To the contrary, a law says, "The Director shall issue a permit hereunder when [the director] finds ... that the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park." [9.36.021 (a)]
2. Regarding the fences, a regulation says, "Regional Parks' staff, during review of the application shall consider, but not be limited to, the following: Impact on ... other park users." [Staff Review Pg. 10]
3. The law does not give permission to an event producer to amplify a concert's sound using speakers three stories tall. To the contrary, a law says, "Within any park facility, no person shall use sound amplification equipment in excess of the noise levels provided by Chapter 6.68 without a permit from the Director." [9.36.072] Chapter 6.68 (the noise control law) establishes a 55 decibel limit.
   • However, the noise control law says the Parks Director can give permission. The noise control exemption says, "[activities] shall be exempted from the provisions of this chapter [if they are] entertainment events, provided said events are conducted pursuant to a ... permit by the County." [6.68.090 (b)]
   • Communication with the Director indicates this is the legal rationalization for the permits. Paraphrasing, "Speakers three stories tall blaring at South Natomas are allowed because I said so."
4. Nonetheless, the legal rationalization cannot violate another law which says, "The Sacramento County Board of Supervisors finds ... excessive, unnecessary or offensive noise within the County is detrimental to the public health, safety, welfare and the peace and quiet of the inhabitants of the County and therefore is declared a public nuisance[.] ... Every person in the County is entitled to live in an environment free from excessive, unnecessary or offensive noise levels[.]" [6.68.010 (a) and (b)]
5. A law says, "The proposed activity ... will not unreasonably interfere with or detract from the promotion of public health[.]" [9.36.021 (b)] To the contrary, the excessive Aftershock noise is detrimental to the public health.
6. A regulation says, "[Special event permits] are generally short in duration not lasting more than a few days[.]" [Special Event Permits Pg. 16] To the contrary, the two-concert series in 2024 closed Discovery Park for 25 days.
7. A law says, "The proposed activity ... is not reasonably anticipated to incite ... disorderly conduct." [9.36.021 (d)] To the contrary, the title "Aftershock" is meant to convey destruction. After all, an aftershock is an earthquake. Moreover, alcohol is available for patrons to drink. The 2024 concert series included the following bands: Rise Against, Disturbed, Five Finger Death Punch, Anthrax, Drowning Pool, Citizen Soldier, Show Me the Body, Body Count, and Caskets.

Proposed law

The existing Sacramento County laws, if enforced, are enough to protect the physical environment of county parks and the ambient environment for residents. However, an additional law is necessary to protect the sanctity of county parks. A new law should say, "The Director shall issue a permit when the director finds that the proposed entertainment activity is free and open to the public."