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Adopt an ordinance to amend Chapter 21 section 21-10 of the Solano County Code, relating to disturbing the peace due to loud and unusual noise during the hours of 10:00 p.m. to 6:00 a.m.
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Published Notice Required? Yes ___ No _X _
Public Hearing Required? Yes ___ No _ X_
DEPARTMENTAL RECOMMENDATION:
County Counsel recommends that the Board of Supervisors adopt an ordinance amending Chapter 21 section 21-10 of the Solano County Code, relating to disturbing the peace due to loud and unusual noise during the hours of 10:00 p.m. to 6:00 a.m.
SUMMARY/DISCUSSION:
On March 1, 2022, the Board considered and introduced the draft ordinance. The ordinance is now before the Board for adoption. Once it goes into effect, the County Counsel, Sheriff and the Department of Resource Management will monitor its effectiveness and, if necessary, begin working on a more comprehensive noise ordinance.
When the Solano County General Plan was updated in 2008, it included a section devoted to noise in the Public Health and Safety Chapter which identifies the County's strategy for dealing with unwanted noise as "reducing excessive noise exposure through cost-effective measures and appropriate zoning that avoids placing incompatible land uses in proximity of each other." The section includes Land Use Noise Compatibility Guidelines (Table HS-2) for various land use categories as well as Noise Standards for New Uses (Tables HS-3 and HS-4). As part of the Implementation Program for the Public Health and Safety Chapter measure, HS.I-60 states that a county noise ordinance should be developed, adopted, and implemented.
In 2015, at the request of the Solano County Agricultural Commissioner with support from the Solano County Farm Bureau and the Solano County Agricultural Advisory Committee, your Board adopted an ordinance related to noise-making devices related to agricultural operations which provided the authority to the Agricultural Commissioner and peace officer the authority to issue a violation to the owner of the property if the noise device was operated in conflict with the ordinance.
In 2017, the Solano County Planning Commission conducted a study session to obtain public testimony on a draft noise ordinance under consideration. On April 6, 2017, the Planning Commission opened a public hearing on the proposed ordinance which would have added Chapter 28.1 (Noise Regulations) to regulate noise in the unincorporated area of Solano County. The Planning Commission continued the public hearing and at its June 1, 2017 meeting, staff recommended that the draft noise ordinance be withdrawn to allow staff to conduct further public outreach.
There exists under state law (Penal Code §415) as well as the County Code a general prohibition on anyone from “maliciously and willfully” disturbing another person by “loud and unreasonable noise”. Therefore, without an actual noise ordinance, there is the ability to curtail loud and unreasonable noise; however, the lack of an identifiable standard of what constitutes “loud” or “unreasonable” or “malicious or willful” makes actual citation difficult.
Until a more fully developed draft Noise Ordinance is prepared and circulated for public comment, staff is recommending amending the existing section of the County Code related to disturbing the peace to specifically define “loud or unusual noise” to include “any non-agricultural noise any time after 10 p.m. or before 6 a.m. that exceeds 65 dBA at the property line.”
FINANCIAL IMPACT:
There is no net impact on the General Fund.
ALTERNATIVES:
The Board could choose not to adopt the ordinance; however, that is not recommended since the proposed ordinance will establish a standard by which the Sheriff or Code Enforcement can cite violators for loud or unreasonable noise after hours.
OTHER AGENCY INVOLVEMENT:
County Counsel, Department of Resource Management and the Solano County Sheriff’s Office worked collaboratively on this ordinance.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION