County of Santa Cruz

Transcription

1 o 5 County of Santa Cruz Jim Hart Sheriff-Coroner Sheriff-Coroner 701 Ocean Street, Suite 340, Santa Cruz, CA (831) FAX: (831) June 1,2015 Agenda: June 9,2015 Board of Supervisors County of Santa Cruz 701 Ocean Street, Room 500 Santa Cruz, California RE: Amendments to Chapter of the Santa Cruz County Code relating to noise Dear Members of the Board: As your Board is aware, excessive noise can be a serious threat to the comfort, convenience, health, safety, welfare, and overall quality of life of the citizens of Santa Cruz County. This letter is to provide background information and recommend that your Board adopt ordinance amendments to Chapter of the Santa Cruz County Code relating to noise. Santa Cruz County regulates noise through its Noise Ordinance, which prohibits "offensive noise" but defines that term subjectively, and through its General Plan Noise Element. In 2014, the Sheriff's Office received 5,815 calls for service related to disturbing the peace. Of those calls, nearly 2,000 were related to music, noise and party. To assist with the enforcement of excessive noise related calls, the Sheriff's Office is recommending the following amendments to Chapter : Modify Section to change the title from "Curfew" to "Offensive Noise"; Modify Sub Section A to delete reference to hours; CD Modify Sub Section B to add "tool"; Add Sub Section C to clarify offensive noise and what is deemed to be a violation of the provisions; and Add Sub Section 0 to issue a warning prior to a citation to the responsive person or persons by the law enforcement officer or designated official.

2 The proposed changes would provide the Sheriffs Office with additional tools to regulate noise in the unincorporated area of the County to promote the public health, comfort and convenience of the County's inhabitants and its visitors. It is therefore RECOMMENDED that your Board approve in concept amendments to Chapter of the Santa Cruz County Code relating to noise and direct the Clerk of the Board to return on the next available agenda for final adoption. Sincerely, LA-- (Z: J Sheriff-Coroner o 56 RECOMMENDED: Susan A. Mauriello County Administrative Officer cc: Sheriff, Attn: Susan CAO Auditor

3 0857 ORDINANCE NO. ORDINANCE AMENUING CHAPTER OF THE SANTA CRlJZ COUNTY CODE RELATING TO NOISE The Board of Supervisors of Santa Cruz County hereby finds and declares the following: WHEREAS, Chapter 8.30 of the Santa Cruz County Code, entitled "Noise," contains provisions for the regulation of offensive noise in the unincorporated area of Santa Cruz County; and WHEREAS, at certain levels, sounds are detrimental to the health and welfare of the citizenry and, in the public interest, may be regulated; and WIIEREAS, the Board is permitted, in the exercise of its police power, to prohibit unnecessary, excessive, and annoying sound levels from all sources; and WHEREAS, the Board finds it necessary to amend cunent Section to provide additional regulations concerning offensive noise; NOW THEREFORE the Board of Supervisors of the County of Santa Cruz ordains as follows: SECTION I The Santa Cruz County Board of Supervisors hereby amends Section of the Santa Cruz County Code to read as follows: Offensive Noise. (A) No person shall make, cause, suffer, or permit to be made any offensive noise. (B) "Offensive noise" means any noise which is loud, boisterous, initating, penetrating. or unusual, or that is unreasonably distracting in any other manner such that it is likely to disturb people of ordinary sensitivities in the vicinity of such noise, and includes, but is not limited to, noise made by an individual alone or by a group of people engaged in any business, activity. meeting, gathering. game, dance, or amusement, or by any appliance, contrivance, device, tool, structure, construction, vehicle, ride, machine, implement, or instrument. (C) The following factors shall be considered when determining whether a violation of the provisions of this section exists: I. Loudness (intensity) of the sound.

4 0858 a. Dav and Evening Hours. For purposes of this t~lctor, a noise shall be automatically considered offensive if it occurs between the hours of 8:00 a.m. and 10:00 p.m. and it is: i) clearly discemible at a distance of 150 feet from the property line of the property from which it is broadcast; or Ii) in excess of 75 decibels at the edge of the propeliy line of the property from which the sound is broadcast, as registered on a sound measuring instrument meeting the American National Standard Institute's Standard S (or more recent revision thereof) for Type 1 or Type 2 sound level meters, or an instrument which provides equivalent data. A noise not reaching this intensity of volume may still be found to be offensive depending on consideration of the other factors outlined below. b. Night Hours. For purposes of this t~tctor, a noise shall be automatically considered offensive if it occurs between the hours of 10:00 p.m. and 8:00 a.m. and it is: i) clearly discemible at a distance of 100 feet from the propeliy line of the property from which it is broadcast; or ii) in excess of 60 decibels at the edge of the property line of the property from which the sound is broadcast, as registered on a sound measuring instrument meeting the American National Standard Institute's Standard S (or more recent revision thereof) for Type 1 or Type 2 sound level meters, or an instrument which provides equivalent data. A noise not reaching this intensity of volume may still be found to be offensive depending on consideration of the other factors outlined below. 2. Pitch (frequency) of the sound, e.g" very low bass or high screech; 3. Duration of the sound; 4. 'Time of day or night; 2

5 Necessity of the noise, e.g., garbage collecting, street repair, permitted construction activities; 6. 'fhe level of customary background noise, e.g., residential neighborhood, commercial zoning district, etc.; and 7. The proximity to any building regularly used for sleeping purposes. (D) Prior to issuing a citation for this section, the responsible person or persons will be warned by a law enforcement officer or other designated official that the noise at issue is offensive and constitutes a violation of this Chapter. A citation may be issued if, after receiving the warning, the responsible person(s) continues to make or resumes making the same or similar offensive noise(s) within 3 months of the warning. Notwithstanding the provisions of subsection (C)( 1) above, enforcement of violations under this Chapter shall not require the use of a sound level meter. 1. For purposes of this section "responsible person or persons" means a person or persons with a right of possession in the property from which the offensive noise is emanating, including, but not limited to, an owner or a tenant of the property if the offensive noise is coming from private property, or a pennittee if the offensive noise is coming from a permitted gathering on public property, or any person accepting responsibility for such oftensive noise. "Responsible person or persons" shall additionally include the landlord of another responsible party and the parents and/or legal guardians of a responsible person under the age of 18 years. (Ord (part), 1989) SECTION II 'rhis ordinance shall take effect on the 31 st day after the date of final passage. PASSED AND ADOPTED this day of, 2015, by the Board of Supervisors of the County of Santa Cruz by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS Chairperson of the Board of Supervisors Attest: Clerk of the Board 3

6 0860 APPROVED AS TO FORM: //--\~\ / I r\ ( III ~/I;A \ <~""> / L'1-tt"/0, \! ~" j Offile of the County Counsel cc: Sherin's Office 4

7 Clean copy 0860a Offensive Noise. (A) No person shall make, cause, suffer, or pennit to be made any offensive noise. (B) "Offensive noise" means any noise which is loud, boisterous. irritating, penetrating, or unusual, or that is unreasonably distracting in any other manner such that it is likely to disturb people of ordinary sensitivities in the vicinity of such noise, and includes, but is not limited to, noise made by an individual alone or by a group of people engaged in any business, activity, meeting, gathering, game. dance, or amusement, or by any appliance, contrivance, device. tool, structure, construction. vehicle, ride, machine, implement, or instrument. (C) The following factors shall be considered when determining whether a violation of the provisions of this section exists: ]. Loudness (intensity) of the sound. a. Dav and Evening Hours. For purposes of this factor, a noise shall be automatically considered offensive if it occurs between the hours of 8:00 a.m. and 10:00 p.m. and it is: i) clearly discernible at a distance of 150 feet from the property line of the property from which it is broadcast; or ii) in excess of75 decibels at the edge of the property line of the property from which the sound is broadcast, as registered on a sound measuring instrument meeting the American National Standard Institute's Standard S (or more recent revision thereof) for Type 1 or Type 2 sound level meters, or an instrument which provides equivalent data. A noise not reaching this intensity of volume may still be found to be offensive depending on consideration of the other factors outlined below. b. Night Hours. For purposes of this factor, a noise shall be automatically considered offensive if it occurs between the hours of 1 0:00 p.m. and 8:00 a.m. and it is: i) clearly discernible at a distance of 100 feet from the property line of the property from which it is broadcast; or ii) in excess of 60 decibels at the edge of the property line of the property from which the sound is broadcast, as

8 0860b registered on a sound measuring instrument meeting the American National Standard Institute's Standard S (or more recent revision thereof) for Type 1 or Type 2 sound level meters, or an instrument which provides equivalent data. A noise not reaching this intensity of volume may still be found to be offensive depending on consideration of the other t1tctors outlined below. 2. Pitch (frequency) of the sound, e.g., very low bass or high screech; 3. Duration of the sound; 4. Time of day or night: 5. Necessity of the noise, e.g., garbage collecting, street repair, permitted construction acti vities; 6. 'rhe level of customary background noise, e.g., residential neighborhood, commercial zoning district, etc.; and 7. The proximity to any building regularly used for sleeping purposes. (D) Prior to issuing a citation for this section, the responsible person or persons will be warned by a law enforcement officer or other designated official that the noise at issue is ottensive and constitutes a violation of this Chapter. A citation may be issued if, after receiving the warning, the responsible person(s) continues to make or resumes making the same or similar on:ensive noise(s) within 3 months of the warning. Notwithstanding the provisions of subsection (C)( 1) above, enforcement of violations under this Chapter shall not require the use of a sound level meter. 1. For purposes of this section "responsible person or persons" means a person or persons Vv'ith a right of possession in the property from which the offensive noise is emanating, including, but not limited to, an owner or a tenant of the property if the offensive noise is coming from private property, or a permittee if the offensive noise is coming from a permitted gathering on public property, or any person accepting responsibility for such offensive noise. "Responsible person or persons" shall additionally include the landlord of another responsible party and the parents and/or legal guardians of a responsible person under the age of 18 years. (Ord (part), 1989) 2

9 Strikethrough/underline copy 0860c Curfew Offensive noise. (A) No persons shall between the hours of 10:00 p.m. and 8:00 a.m.. make, cause, suffer, or permit to be made any offensive noise~7 01 "\Thieh is made \:>,;'ithin 100 feet of any building or place regularly used for Gleeping purposes; or (2) Which dir;turb[) any person of ordinary []ensitivitieg v.ithin his or her place of re!3i~ (B) "Offensive noise" means any noise which is loud, boisterous, irritating, penetrating, or unusual, or that is unreasonably distracting in any other manner such that it is likely to disturb people of ordinary sensitivities in the vicinity of such noise, and includes, but is not limited to, noise made by an individual alone or by a group of people engaged in any business, meeting, gathering, game, dance, or amusement, or by any appliance, contrivance, device, tool. structure, construction, vehicle. ride, machine, implement, QLinstrument,. ~.ej..e. lord. ~ (C) The fojlowing factors shall be considered when detennining whether a violation of the provisions of this section exists: 1. Loudness (intensitv) of the sound. a. Dav and Evening Hours. For purposes of this factor, a noise _:ll:lljij)e.j!utol1lj:}tical.ly consider~d offensive ijo.-l",, t occurs bct\vccn thc hours of 8:00 a.m. and 10:00 p.m. and it i) clcm'lv discemible at a distance of 150 feet from the propertv line of the propertv from which it is broadcast; or ii) in cxcess of75 decibels at the edge of the property line.-9f th~jrqperty from which the sqtmd is broadcast, as registered on a sound measuring instrument meeting the American National Standard Institute's Standard S (or more recent revision thereof) for Type I of Type 2 sound level meters. or an instrument which provides equivalent data. A noise not reaching this intensity of volume mav still be found to be offensive depending on consideration of the othcr factors outlined below.

10 0860d b. Night Hours. For purposes of this factor. a noise shall be automaticallv considered offensive if it occurs between the hours of 10:00 a.m. and 8:00 a.m. and it is: ---..tpro~rty i) clearlv discernible at a distance of 100 feet from the line of the Pfl~Jty from vvhich it is broadcast: or ii) in excess of60 decibels at the edge of the property line of the propertv from which the sound is broadcast as registered on a sound measuring instrument me~ting the American National Standard Institute's Standard S ( or more recent revision thereof) f()r Tvpe 1 of"rype 2 sound level meters, or an instrument which provides A noise not reaching this intensity of volume may still be f(mnd to be offensive depending on consideration of the other factors outlined below. Pitch (frequencv) of the sound. e.g., very low bass or high screech: Duration of the sound: 4. 'Time of dav or night; 5. Necessity ofthe._noise&b.ill!jj2age collecting, street re-rair,j2ermitteg construction activities; 6. The level of customary background noise, e.g.. residential neighborhood,.. _ill) 7. The proximitv to any building regularly used for sleeping purposes. PriQUo issuing a citation for this section, the r~on.!?ilile person or persons will be warned by a law enforcement officer or other designated official that the noise at issue is offensive and constitutes a violation of this Chapter. A citation may be issued if after receiving the warning, the responsible person(s) continues to make or resumes making the same or similar offensive noi~~{~1.jy5thin 1112Q~)1h~9f the warning. Notwithstanding the_-rtovisions of subsection (C)(1 ) above, enforcement of violations under this Chapter shall not require the use of a sound level meter. _. 1. For ]2urposes of this sectiqn "g~sponsible ]2erson or persons" means a person oij2ersons with a right of ]2ossession in the propertv from which the offensive noise is emanating, including. but not limited to. an owner or a tenant of the property if the offensive noise is coming from private property. or a permittee if the offensive noise is coming from a pennute_d gathering on public_moperty, or anv person.ficce]2tj.!)kl~sponsibili.1yj.or such offensive 2

11 0860e noise. "Responsible person or persons" shall additionallv include the landlord of another re1ill.qd.sible party and the parents and/or kgal guardians of a responsible person under the age of J 8 years. COrd (part), 1989) 3

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