This is a template for your own use, not legal advice. It is written
for a municipal citation issued for motor vehicle noise; the preemption
ground does not apply to other kinds of noise citations.

[Your name]
[Your mailing address]
[Your email]
[Date]

City of Newport Beach
Revenue Division
100 Civic Center Drive
Newport Beach, CA 92660
revenuehelp@newportbeachca.gov / 949-644-3141

Re: Administrative citation no. [citation number], issued [citation date],
under [code section, e.g. NBMC 10.28.007]

To the Revenue Division:

I am contesting the above citation in full and formally requesting an
administrative hearing under Newport Beach Municipal Code Chapter 1.05.
The required deposit of [amount] is enclosed with this request. I request
that the hearing be held by Zoom.

Grounds for contest:

1. The citation is preempted by state law. California Vehicle Code
   section 21 provides that the Vehicle Code is uniform throughout the
   state and that a local authority shall not enact or enforce any
   ordinance on matters covered by the code, including ordinances that
   assess a fine for such matters, unless expressly authorized. Vehicle
   exhaust equipment and vehicle noise are matters covered by Vehicle
   Code sections 27150 and 27151, with an objective compliance
   standard (95 dBA under SAE testing) set by section 27151(b). No
   Vehicle Code provision authorizes a local vehicle noise ordinance.

2. [If applicable:] No sound measurement was taken and no objective
   standard was applied. The city's own quantitative noise code, NBMC
   Chapter 10.26, establishes noise violations by measured decibel
   levels over defined periods, using a sound level meter meeting the
   ANSI S1.4 Type 2 standard, at prescribed locations. The citation
   applies no measured standard.

3. The condition of the vehicle is immaterial. The preemption turns on
   the subject of the citation, vehicle noise, which is a matter
   covered by the Vehicle Code regardless of the condition of any
   particular vehicle. No inquiry into the vehicle is required or
   relevant.

4. The city bears the burden of proof at the hearing and cannot meet it.

Please send written confirmation that this request and deposit have been
received, and written notice of the hearing date, to the address and
email above.

Sincerely,

[Your name]


Two practical notes (not part of the letter):

1. Plan for the citing officer to attend. In the produced hearing
   decisions, the city staffed every hearing with an officer. Do not
   build your approach on the officer failing to appear.

2. Appear at your hearing no matter what. Under NBMC 1.05.080(E),
   failing to appear forfeits the fine and your administrative
   remedies, which also closes the path to court review.