Supervisors respond after quarrel at Leal Vineyards’ late-night
levels
In a unanimous decision, the San Benito County Board of
Supervisors agreed to wait until April 26 before approving a new
noise ordinance Tuesday, forcing noise complaints to be filed by
two or more homeowners.
The board agreed on the document but wanted to wait until its
next meeting before approving because of some changes to the
ordinance. The board wanted to see the language before
approving.
Supervisors respond after quarrel at Leal Vineyards’ late-night levels
In a unanimous decision, the San Benito County Board of Supervisors agreed to wait until April 26 before approving a new noise ordinance Tuesday, forcing noise complaints to be filed by two or more homeowners.
The board agreed on the document but wanted to wait until its next meeting before approving because of some changes to the ordinance. The board wanted to see the language before approving.
It was apparent, though, the board plans to approve the document.
The ordinance would create a new hourly maximum sound levels according to zoning districts. It would also implement new discretionary permits and enforcement methods.
It sets new daytime and nighttime noise levels for four zone districts – rural residential, residential, commercial and industrial, according to the document. In addition it sets a standard for live bands from 7 a.m. to 10 p.m.
Those with parties for special occasions can apply for a one-time exemption to surpass the noise levels, according to the document.
In rural areas, the maximum sound level is 45 decibels in the day and 35 decibels at night. In commercial areas, the maximum sound level is 65 decibels in the day and 55 decibels during the night. Residential areas have a daytime sound level of 50 decibels and a nighttime level of 40 decibels. Industrial zones allow the most noise during the day and night at 70 decibels during the day and 60 decibles at nighttime.
No audio equipment can be used from 10 p.m. to 7 a.m., according to the document.
Hollister resident Bill Lee, who filed noise complaints about neighbor Frank Leal last year over noise issues at Leal Vineyards, agreed with the steps in the ordinance, but realized it won’t matter if it isn’t enforced.
“It has to be enforced, but it’s got to start somewhere so I encourage y’all to vote this through, I think it will solve a lot of issues down the road for the county,” Lee said.
One prominent feature in the more than 50-page ordinance is that to issue an official complaint – which is filing criminal charges – two or more property owners have to agree to file a complaint. Doing so, the board hopes to avoid neighbor versus neighbor arguments.
County Counsel Matthew Granger explained that by definition a nuisance, which a violation of the noise ordinance would be, is an annoyance to two or more people.
“We want to prevent this from being a neighbor versus neighbor grudge,” he said.
Hollister resident Ken Dunn complained that in some neighborhoods that would be impossible because ofthreats from the origins of the noise.
“What do you do when someone knocks on everyone’s door and threatens them?” he asked to the board.
The county needed to have the language so it would avoid the obligation of handling neighbor arguments, Granger said.
The board also expressed worry that the ordinance would leave too much discretion for officers would they issue a complaint.
“It is not a subjective deal, is it?” Supervisor Jaime De La Cruz said. “It’s going to be black and white and very objective, right? Someone else’s noise is someone else’s beauty.”
De La Cruz worried that discretion could lead to complaints in court because issues were handled differently, he said.
“You’ve got to be consistent and it has to be objective, otherwise you’re asking for trouble,” he said.
Granger responded by comparing a filing of a complaint to a speeding ticket.
“He or she does not have to give you the ticket,” Granger explained. “In every law there is some discretion built in and it would be impossible to write a law … what you have is that you have to trust the judgment of the police officer, you have to trust the judgment of the code enforcement, you have to trust the judgment of your staff that this law will be enforced in a reasonable manner.”
Still, the board liked the improvements of the noise ordinance.
“I agree this is a step in the right direction. It’s taken a while to get here with the issues that we’ve had,” Supervisor Anthony Botelho said
The supervisors will meet on the subject at 1:30 p.m. April 26.
