Officer McElvish informed the council that most of the people who break more serious laws are likely to commit minor offenses as well. Madsen told the council that the ordinance would be “actionary” as opposed to “reactionary” in fighting the adverse effects of growth. City attorney, Mike Dean advised the council that the officers started their argument with probable cause, not noise troubles, and said, “It may be preemptive to adopt a more stringent code than the State of California already has.” The current State code requires that noise be confined to a 50 foot circumference around vehicles. Councilman Baldwin stated, “I strongly disagree with Mr. Dean. If we want this to be a safer community, we need this ordinance.
We are a city known for its drug problem and this will help stop the minor law breakers from becoming major law breakers.” Dean then told the council, “It is against the law for the city to regulate what is already addressed by the state vehicle code and, ‘Vehicle Noise Control’ is clearly covered.” Councilman Jon Colburn stated, “The average lane on Main St. is 12’. This is going to become selective law enforcement because you won’t stop everyone whose music you can hear from across the street.” Mayor Patricia Shackleton and Councilmember Pat Fordyce, both whom live on Main St., said they had not experience any problems with car stereos. A motion to approve the ordinance was made by councilmember Baldwin, but died for lack of a second.