Legal Opinion

People v. Toback

Long Beach City Court

Decided December 17, 1996PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Roy Tepper, J.

Defendant is charged with 16 violations of chapter 16 of the City of Long Beach Code of Ordinances (Noise Code). Defendant has moved for dismissal of the informations / complaints pursuant to CPL 170.30 (1) (a) and 170.35 (1) (c) upon the grounds that the statute is unconstitutional on its face and in its application. Defendant also moves for dismissal pursuant to CPL 170.40 in the interests of justice. The motion is decided as follows.

The Noise Code prohibits, among other things, the use of amplified sound in both Ocean Beach Park and residential areas at a…

2Cases cited15 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  5. Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984

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3Cited by1 opinion

  1. Davis v. StateDistrict Court of Appeal of Florida · 1998

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