Board of Supervisors Agenda Item - Stanislaus County
Board of Supervisors Agenda Item - Stanislaus County
Board of Supervisors Agenda Item - Stanislaus County
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Approval to Introduce and Waive the First Reading <strong>of</strong> an Ordinance Adding Chapter10.46 to the <strong>Stanislaus</strong> <strong>County</strong> Code to Regulate Nuisance NoisePage 2DISCUSSION:The <strong>County</strong> has received numerous complaints related to noise that creates a nuisancefor neighbors. Penal Code section 415 already provides that it is illegal for any personto maliciously and willfully disturb another person by loud and unreasonable noise, andis a misdemeanor subject to imprisonment in the county jail for a period <strong>of</strong> not morethan 90 days, a fine <strong>of</strong> not more than four hundred dollars ($400), or both. The Office<strong>of</strong> <strong>County</strong> Counsel was requested to prepare a local ordinance to regulate noise as aninfraction. A draft ordinance adding Chapter 10.46 to the <strong>Stanislaus</strong> <strong>County</strong> Code wasprepared to respond to that need and request.The proposed noise ordinance generally prohibits persons from knowingly making orcontinuing to make loud and raucous noise, which is defined in the ordinance as anysound that, because <strong>of</strong> its volume, duration or character, annoys or disturbs thecomfort, health or peace <strong>of</strong> a reasonable person <strong>of</strong> ordinary sensibility. The ordinancealso includes several exemptions, including agricultural acSvity that isconducted in amanner consistent with DroDer and acce~ted customs and standards for similaragricultural activities. ~/olation <strong>of</strong> the prbposed ordinance would be classified as aninfraction subject to a fine <strong>of</strong> $100 for a first violation, $200 for a second violation, and$400 for a third violation. Violations may also be abated just as any other nuisance inthe <strong>County</strong>.The proposed noise ordinance is a stop-gap measure to provide law enforcement a toolto respond to local complaints. The Department <strong>of</strong> Environmental Resources and~e~akment <strong>of</strong> planning and community Development are working on a comprehensivenoise ordinance that will contain more specific prohibitions.Staff recommends that the <strong>Board</strong> <strong>of</strong> <strong>Supervisors</strong> introduce and waive the first reading <strong>of</strong>the proposed ordinance and set the matter for adoption at the following meeting.POLICY ISSUES:Approval <strong>of</strong> this ordinance supports the <strong>Board</strong>'s priorities <strong>of</strong> promoting a safe andhealthy community.STAFFING:There is no staffing impact associated with this request.\Ueus~ii\voll\DATA\CO\lpa\Documents\ORDINANDERWois Ord Report.wpd
Change language