Title
Receive a preliminary analysis report in response to Board Referral No. 2021.15 seeking to update Monterey County Noise Ordinance (Chapter 10.60 of the Monterey County Code).
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
1) Receive a preliminary analysis report in response to Board Referral No. 2021.15 and direct that staff:
i. Reassign the referral to the Sheriff's Office; or
ii. Rescind referral
2) Provide further direction, as appropriate.
SUMMARY:
The County's Noise Ordinance No. 5315, which is codified at Chapter 10.60 of the Monterey County Code (MCC), was last updated in July 2019. The Ordinance prohibits noise in excess of 85 dBA measured 50 feet from a machine, mechanism, device, or contrivance at any time of the day, measured 50 feet from the source. Aircraft and those sources that are 2,500 feet from an occupied dwelling unit are excluded. The Ordinance further prohibits nighttime noise that is "plainly audible" at 50 feet in any direction from the source in exceedance of 45 L eqdBA with a maximum dBA of 65.
Regarding enforcement, Section 10.60.050 MCC provides that the first violation of the Ordinance shall be an infraction punishable by a fine of not more than $250. The second violation is a misdemeanor punishable by a fine of not more than $1,000 of imprisonment in the Monterey County Jail for a period of not more than 6 months, or by both fine and imprisonment.
Comments have been received regarding the effective enforcement of the Ordinance. The loud parties seem to persist. Supervisor Phillips has requested the County Counsel's Office and the Housing and Community Development (HCD) Department respond to a referral by preparing an analysis of the Noise Ordinance and enforcement program to determine if there are solutions or strategies that may be employed to create a more robust, effective program as well as identifying funding strategies for any proposed increases in resources dedicated to the program.
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