Agenda - 06-07-2005-5gg - Laserfiche WebLink

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z • Second, it may be "unreasonably loud and disturbing noise," which is defined in the ordinance based upon a "reasonable neighbor" standard considering a number of objective factors such as whether the sound is from a utilitarian versus recreational source, the time of day, etc. (Medium inclusiveness of the types of sounds prohibited); or • Third, it may exceed the maximum noise limits of the ordinance because five readings of a noise meter indicate that the applicable maximum decibel levels have been exceeded, providing prima facie evidence of a violation. (Maximum inclusiveness of the types of sounds prohibited); or • A combination of the above. 4. Maximum noise levels set for evening hours in residential zones (receiving areas) are effective one (Friday/Saturday) or two (Monday-Thursday) hours earlier than in previous ordinance. 5. Establishes maximum noise levels for day and evening hours in commercial and industrial zones (receiving areas). 6. Sets forth a list of exempt activities, like noise from emergency vehicles and farm activity, 7. Clarifies that initial enforcement is based on a single warning given. 8. Maintains civil penalties and prescribes higher criminal penalties. The Planning Board briefly discussed this noise ordinance and citizen complaints at its October 6 meeting as a point of information to garner perspective on the issue. The Planning Board did not serve in a regulatory review role since the noise ordinance is a stand-alone ordinance and is not a "planning" regulation. Planning staff met and corresponded several times with members of the Sheriffs office and the County Attorney's office to prepare the proposed ordinance for presentation to the BOCC. The proposed ordinance amendment combines several of the defined terms, refines several others and adds a definition of "unreasonably loud and disrupting noise". It adds a new Article on specific noises prohibited. Maximum noise level times are adjusted, and protocols are established for the measurement of offending noise. The listing of exceptions was increased by adding bona fide farming activities, non-amplified crowd noise, trains and associated rolling stock, governmental activities, utility repairs, slating, legal discharge of firearms, and recycling and refuse collections. The methods the Sheriffs Office will employ to enforce the ordinance are elaborated upon, including providing for an initial warning, and criminal penalties are increased to be in line with the appropriate state standards. COMMENTS FROM THE NOVEMBER 22, 2004 PUBLIC HEARING: Planning Director Benedict reviewed comments about the noise control ordinance, which has been around for some twenty years. There have been occasional revisions as new technology comes on line. Community complaints about noise came from a variety of activities. We realize from the enforcement of the noise ordinance and its interpretations that there are different aspects of the ordinance that may need additional clarity. The six areas of proposed ordinance revisions include new definitions, standards, noise measurement protocols, exempted activities with hours of operation, nuisance noise activities, and greater penalties. Noise control is a general county ordinance, not in the Zoning Ordinance, which the Sheriffs Office enforces, The Sheriffs Office has experienced the various hours of complaint and the 2