File #: 19-0593    Name: Chapter 10.60 Noise Control - 7-23-19
Type: General Agenda Item Status: Criminal Justice - Consent
File created: 7/16/2019 In control: Board of Supervisors
On agenda: 7/23/2019 Final action: 7/23/2019
Title: Consider adoption of an ordinance amending Chapter 10.60 Code regulating Noise Control, adding of a "plainly audible" noise detection standard and changing the classification for this violation to a misdemeanor; or provide further direction to staff as appropriate. Proposed CEQA Action: categorically exempt per Section 15061(b)(3) of the CEQA Guidelines. (ADDED VIA ADDENDUM)
Attachments: 1. Board Report, 2. Attachment A - Proposed Ordinance Amending Chapter 10.60 of the Monterey County Code Regulating Noise.pdf, 3. Attachment B - Emails from the public (without media files).pdf, 4. Item No. 20.1 Completed Board Order & Ordinance
Title
Consider adoption of an ordinance amending Chapter 10.60 Code regulating Noise Control, adding of a "plainly audible" noise detection standard and changing the classification for this violation to a misdemeanor; or provide further direction to staff as appropriate.

Proposed CEQA Action: categorically exempt per Section 15061(b)(3) of the CEQA Guidelines. (ADDED VIA ADDENDUM)

Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find the adoption of the ordinance is categorically exempt per Section 15061(b)(3) of the CEQA Guidelines; and
b. Adopt the proposed ordinance (Attachment A) amending Chapter 10.60 of the Monterey County Code relating to noise control; or
c. Provide further direction to staff as appropriate.

SUMMARY:
On July 9, 2019, the Board introduced, waived the reading, and set July 23, 2019, to consider: adopting of an ordinance (Attachment A) which amends Chapter 10.60 of the Monterey County Code regulating noise.

Existing County regulations prohibit operation of noise producing devices whose noise exceeds 85 dBA measured fifty feet therefrom and prohibits nighttime noises at certain noise levels between 10 p.m. and 7 a.m.

This proposed ordinance adds a "plainly audible" noise detection standard based on the sound level detected by a reasonable person of ordinary sensitivities using his or her unaided hearing faculties. It prohibits noise-producing devices whose noise is plainly audible at one hundred fifty (150) feet from the source and prohibiting nighttime noise that is "plainly audible" at fifty (50) feet in any direction from the source. The ordinance also classifies the violation of this Chapter as a misdemeanor.

The ordinance will take effect on the thirty-first day after adoption.

DISCUSSION:
On December 16, 2014, the Board of Supervisors adopted the current Noise Ordinance that established reasonable noise levels during day and night hours in all areas of the County. In short, the ordinanc...

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