Officials say devices won’t be used to seek violators; merely to
confirm violations
Having recently passed updates to the county noise ordinance,
the Board of Supervisors last week approved the purchase of a noise
meter that can measure the decibel level of potential
violations.
”
Noise nuisance is a very subjective matter,
”
said Gary Armstrong, the county’s director of planning and
building inspection services.
”
I think we need to ease into this. We’re certainly not going to
go out looking for noise problems. It’ll be complaint-driven. We
hope to work with the public so they can enjoy themselves but not
disturb others.
”
Officials say devices won’t be used to seek violators; merely to confirm violations
Having recently passed updates to the county noise ordinance, the Board of Supervisors last week approved the purchase of a noise meter that can measure the decibel level of potential violations.
“Noise nuisance is a very subjective matter,” said Gary Armstrong, the county’s director of planning and building inspection services. “I think we need to ease into this. We’re certainly not going to go out looking for noise problems. It’ll be complaint-driven. We hope to work with the public so they can enjoy themselves but not disturb others.”
The noise meter, which cost just less than $3,300, has been purchased but not yet delivered. The hand-held device – about the size of a walkie-talkie – is designed to provide an objective measure of noise in what can often be an emotionally-charged situation.
A button on the device provides a printout of the noise measurement with a date and time stamp. Those readings could be attached to a sheriff’s report if deputies respond to a situation and feel the matter needs to be forwarded to the district attorney’s office.
Lieutenant Roy Iler said sheriff’s deputies will not be carrying the noise meter on patrol. Rather, it will be used by county code enforcement personnel to provide readings if noise violations are suspected.
“We’re not going to be running around with noise meters,” Iler said. “If there’s a noise complaint after-hours or it’s an unsafe situation for code enforcement, we’ll respond. And if we write a citation, we can use (the noise meter printout) as an attachment to our report.”
Noise complaints are “not a big issue” generally in San Benito County, Iler said, noting that loud music at parties and motorcycle usage near residential areas are among the common concerns that prompt calls.
Armstrong said his department plans to work with the sheriff’s office to develop an enforcement strategy, though he agreed with Iler that county officials will not go out looking for – or listening for – noise ordinance violations.
“We had a noise ordinance previously, but it was felt by the board that it did not have the adequate teeth to go after habitual or repetitive violators,” he said. “I think this gives us the right, but not the obligation, to go after somebody. It’s not our goal to be Gestapo-type. It allows us to pursue a problem if we feel there is a problem.”
The newly-purchased noise meter’s readings are admissible in court, Armstrong said, though most noise complaints are quickly handled through the intervention of code enforcement or law enforcement personnel.
The updated noise ordinance goes into effect this June 3 – 30 days after it was adopted.
It defines a violation as being heard by sheriff’s or code enforcement officers or by a signed complaint from “at least two complainants who represent at least two separate properties within 500 yards of the sound-producing property.”
County Counsel Matthew Granger previously noted that requiring two or more people to file a complaint “prevent(s) this from being a neighbor versus neighbor grudge.”
The ordinance lists a variety of situations in which noise violates county mandates, such as audio equipment or live music that creates a noise disturbance between 10 p.m. and 7 a.m.
Exemptions include agricultural uses such as harvesting; activities in parks, public playgrounds or schools; commercial or industrial activity – including air conditioning and refrigeration systems; outdoor gatherings, shows and sporting events; yard maintenance equipment used between 7 a.m. and 7 p.m.; and the discharge of firearms “consistent with all state laws.”
The ordinance allows conditional use permits to be obtained if the noise level is expected to exceed the decibel limits set forth by the county.
The ordinance creates maximum sound level standards based on land use designation. In rural areas, the maximum noise level is 45 decibels during the day and 35 decibels at night. In residential areas, the maximums are 50 decibels during the day and 40 at night; and daytime maximums are 65 decibels in commercial zones and 70 decibels in manufacturing or industrial zones.
