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Home My WebLink About2019-09-13; General Noise Ordinance; |Fountain, Debbie| Barberio, Gary|To the membqrs 9f the: PTY ,COUNCIL Date q ll3jtt,. CA V cc v CM _;f_ COO _!_ DG:M {3) ✓ Council Memorandum Sept. ,~.3, 2019 To: Honorable Mayor Hall and Members of th~ City Council {city of Carlsbad Memo ID# 2019101 From: Debbie Fountain, Community & Economic Development Director Gary Barberio, Deputy City Manager, Community Services Elaine Lu key, Chief Operations Officer cf~ Via Re: General Noise Ordinance r This memorandum provides a discussion of several recent requests for the city to adopt a general public nuisance noise ordinance and a staff recommendation on how the city might proceed in addressing these requests. Background The city has recently received requests for the adoption of a general public nuisance noise ordinance to address a variety of noise sources, and then to enforce the ordinance to address · negative impacts on residents from neighboring activities. In response to the request, staff has researched general public nuisance noise ordinances in other cities and has had ongoing discussions about how to best address noise complaints. City staff has also prepared a separate briefing paper on gas-powered leaf blowers. It will be provided to the City Council under separate cover because it is a very specific noise issue that could be addressed by the City Council if so desired. Discussion The city has a Noise Guidelines Manual as well as several municipal code sections to address different noise types. California State Law requires local governments to address noise issues in their planning process. Local governments have significant powers to control noise producing activity through land use controls. Noise resulting from a specific type of land use can be regulated through zoning restrictions or a conditional use permit. The Noise Guidelines Manual establishes general policies and specific noise standards to achieve noise compatibility between land uses; it implements the Noise Element of the General Plan and the policies and standards that are applied to new development in the city. These noise guidelines, however, do not address public nuisance type noise related to barking dogs or other animal noises, motor vehicle noise, loud parties or loud gatherings of people or similar noise problems. There are several sections of the Carlsbad Municipal Code that address the most common type of noise complaints, including animal and construction noise, repair work on motor vehicles, and Community Services Branch Community & Economic Development -Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax Honorable Mayor Hall and Members of the City Council Sept. 13, 2019 Page 2 entertainment noise from licensed, commercial establishments. There are also a number of specific municipal code sections that address various type of land uses/businesses which set forth standards related to noise. For example, per section 21.10.040 of the Carlsbad Municipal Code, home-based businesses "shall not cause any external effect that is inconsistent with the residential zone or disrupts the neighborhood, including, but not limited to, noise from equipment, traffic, lighting, offensive odor or electrical interference". The Carlsbad Municipal Code does not, however, specifically address noise disturbances such as a loud TV or music, or nuisance noise from an air conditioner, pool pump, recreational noise from pools, ballfields, parks, outdoor event areas, special events and similar uses. Nevertheless, the general nuisance code section, 6.16.010, could be utilized as an enforcement tool in the event of a significant or repeated noise disturbance. Extreme noise events might be addressed by the Police Department under the state Penal Code or the Vehicle Code, depending on the circumstances and source of the noise. A general public nuisance noise ordinance has challenges in both development and enforcement. From the development side, policy decisions would need to be made on whether to include decibel-based standards, plainly audible standards, nuisance standards, quiet zones and restrictions based on zoning, setbacks, tiine-of-day regulations, and perhaps outright bans on some noise sources, such as leaf blowers or generators (unless in an emergency). Challenges around enforcement of a noise ordinance include training and resources (staffing and decibel reading technology). Staffing resources would need to be substantially increased and considerable training would be needed in the use of noise meters, calibration and interpreting results. Staff would need to purchase, maintain and carry calibrated equipment with them to measure sound levels. Staff would be required to remain on the site of the complaint long enough, in most cases over the course of multiple noise events, to gather necessary data to say whether a noise source is out of compliance with acceptable sound levels. Because noise complaints can occur after regular business hours, staffing would need to cover 24/7 or have resources on call. The greatest challenge with noise enforcement is the definition itself. "Noise" is defined distinctly from "sound". Noise is a certain class of sound, simply, noise is unwanted sound*. Every resident could potentially define loud or unpleasant or noise that causes a disturbance differently depending upon their own sensitivities or experiences. The sound of children playing could cause a serious disturbance to one individual while having no impact whatsoever on a person sitting right next to that individual. As a result, general public nuisance noise ordinances would be less effective than an ordinance that focuses on those specific provisions most important to the community, such as the municipal code sections already in place and noted above. The most legally defensible noise ordinances are those that control noise based on demonstrated and specific impacts on public health, safety and welfare. A more general public nuisance noise ordinance, based on a subjective standard that could encompass any and all noise sources, is more likely to be challenged and appealed from a citation standpoint and ultimately will be very difficult to enforce. *City of Carlsbad Noise Guidelines Manual, July 2013 Honorable Mayor Hall and Members of the City Council Sept. 13, 2019 Page 3 The consensus of staff from the City Attorney's Office, the City Manager's Office, the Community & Economic Development Department, including Code Enforcement, and the Police Department is that a general public nuisance noise ordinance is not only extremely difficult to develop and effectively address all noise complaints, it is also very difficult to enforce, labor could be intensive and costly; it also may not be successful in its attempt to fairly address all noise complaints. Staff is not recommending that the city pursue a general public nuisance noise ordinance at this time. Staff, however, can enhance the city website and social media outreach to share the more specific noise regulations that are already part of the municipal code and General Plan Noise Element; the existing regulations address very specific types of noises that are (llOSt commonly the subject of the majority of noise complaints received by the city. Staff can also continue to address enforcement with existing local ordinances, including the general nuisance ordinance, which may apply in cases of egregious or persistent noise issues. The Police Department also has at its disposal various provisions of the state Penal Code and Vehicle Code to address disorderly conduct or certain noises emanating from vehicles. For the reasons outlined above, staff does not recommend that the city pursue a general public nuisance noise ordinance at this time. As noted above, however, staff will be providing the City Council a separate Briefing Paper on the specific noise complaint about leaf blowers and offer some options for addressing their noise and emission impacts on residents. This is a very specific noise problem that the city could address with a particularized ordinance, similar to existing ordinances for other specific noise problems such as animal noise or business equipment use in residential neighborhoods. Next Steps Under separate cover, staff will forward a Briefing Paper on leaf blowers and provide some options for how the city might address. their impacts from a regulatory standpoint. No other action is recommended by staff on a general public nuisance noise ordinance at this time. cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Neil Gallucci, Police Chief Marissa Kawecki, Deputy City Attorney Mike Peterson, Assistant Community & Economic Development Director Don Neu, City Planner Kerry Jezisek, Senior Program Manager, Special Projects *City of Carlsbad Noise Guidelines Manual, July 2013 • I