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Agenda - 05-17-2005-9c
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Agenda - 05-17-2005-9c
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Last modified
8/29/2008 9:29:41 PM
Creation date
8/29/2008 10:25:27 AM
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BOCC
Date
5/17/2005
Document Type
Agenda
Agenda Item
9c
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Minutes - 20050517
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2005
ORD-2005-023 - Proposed County Noise Control Ordinance Revisions
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2005
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z <br />source, the time of dav, etc, (Medium inclusiveness of the types of sounds <br />prohibited); or <br />• Third, it may exceed the maximum noise limits of the ordinance because five <br />readings of a noise meter indicate that the applicable maximum decibel levels have <br />been exceeded, providing prima facie evidence of a violation. (Maximum <br />inclusiveness of the types of sounds prohibited); or <br />• A combination of the above, <br />4. Maximum noise levels set for evening hours in residential zones (receiving areas) are <br />effective one (Friday/Saturday) or two (Monday-Thursday) hours earlier than in previous <br />ordinance, <br />5, Establishes maximum noise levels for day and evening hours in commercial and <br />industrial zones (receiving areas), <br />6, Sets forth a list of exempt activities, like noise from emergency vehicles and farm activity, <br />7, Clarifies that initial enforcement is based on a single warning given, <br />8. Maintains civil penalties and prescribes higher criminal penalties, <br />The Planning Board briefly discussed this noise ordinance and citizen complaints at its October <br />6 meeting as a point of information to garner perspective on the issue, The Planning Board did <br />not serve in a regulatory review role since the noise ordinance is a stand-alone ordinance and is <br />not a "planning" regulation, <br />Planning staff met and corresponded several times with members of the Sheriffs office and the <br />County Attorney's office to prepare the proposed ordinance far presentation to the BOCC. <br />The proposed ordinance amendment combines several of the defined terms, refines several <br />others and adds a definition of "unreasonably loud and disrupting noise", It adds a new Article <br />on specific ncises prohibited, Maximum noise level times are adjusted, and protocols are <br />established for the measurement of offending noise. The listing of exceptions was increased by <br />adding bona fide farming activities, non-amplified crowd noise, trains and associated rolling <br />stock, governmental activities, utility repairs, slating (roof), legal discharge of firearms, and <br />recycling and refuse collections, The methods the Sheriffs Office will employ to enforce the <br />ordinance are elaborated upon, including providing for an initial warning, and criminal penalties <br />are increased to be in line with the appropriate state standards, <br />COMMENTS FROM THE NOVEMBER 22, 2004 PUBLIC HEARING: <br />Planning Director Craig Benedict reviewed comments about the noise control ordinance, which <br />has been around for some twenty years, There have been occasional revisions as new <br />technology comes on line. Community complaints about noise come from a variety of activities. <br />We realize from the enforcement of the noise ordinance and its interpretations that there are <br />different aspects of the ordinance that may need additional clarity. The six areas of proposed <br />ordinance revisions include new definitions, standards, noise measurement protocols, <br />exempted activities with hours of operation, nuisance noise activities, and greater penalties, <br />Noise control is a general County ordinance, not in the Zoning Ordinance, which the Sheriffs <br />Office enforces. The Sheriffs Office has experienced the various hours of complaint and the <br />nature of the noise complaints, The tables provided list the existing language, suggested <br />alternatives and comments. Other examples of community noise control ordinances can <br />provide better understanding of the local issue, The existing noise standards are based on <br />
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