TEMECULA - Ever wish that jackass down the street would quit making all that racket? Well, a proposed ordinance aims to make noisemakers, including donkeys, quiet down or the responsible parties will face fines.
The Planning Commission is scheduled to consider a recommended noise ordinance in a meeting scheduled for 6 p.m. Wednesday at City Hall. While the city since 2005 has had guidelines for acceptable noise levels, it has not had an official set of regulations relating to nuisance noise nor a way to enforce the guidelines.
"In most new cities, noise ordinances aren't a high priority," Temecula Planning Director Debbie Ubnoske said. "But as cities grow up and get more dense, you have more of these issues. During the past year, we have received multiple complaints from residents reporting a loud neighbor, which is why the issue is now being raised."
Since incorporation in 1989, Temecula's population has grown more than 350 percent from 27,099 residents to 98,000 residents, according to the city.
According to the planning department, sound becomes noise at certain levels - and may jeopardize the health, safety or general welfare of residents and degrade their quality of life.
There are five categories that would have new limits and would be enforceable under the code: audio equipment, power tools, live music, construction and animals.
Under the proposed ordinance, audio equipment - such as televisions, stereos and MP3 players - would not be permitted between the hours of 10 p.m. and 8 a.m. if they can be heard by a person within another occupied building.
In addition, portable and stationary audio equipment could not be used at any time if the sound carried for a distance greater than 100 feet away. The time frame and distance would also apply to power tools.
The code would make it unlawful for any person to cause or transmit any loud and raucous noise from any sound-amplifying device on any private property, on any public street or in a public place. There are exceptions, however, as temporary permits could be requested from the city for events.
"One of the biggest complaints we received at the city were about neighbors with bands," Ubnoske said.
Those in the construction industry may also have a new set of regulations to work around. The ordinance proposes that no person would be allowed to conduct construction activities if the work site is within one-quarter mile of an occupied residence between 6:30 p.m. and 6:30 a.m. on weekdays. On Saturdays, construction activity will be allowed between 7 a.m. and 6:30 p.m. On a Sunday or on a nationally recognized holiday, no noisy construction would be allowed except for projects by government agencies and residents working at their homes, as long as the residents comply with noise restrictions.
Animal owners might have to deal with the trickiest of all the proposed regulations. The code defines a noisy animal as a creature that "barks, bays, cries, whines, howls, screeches or makes any noise for an extended period of time whether day or night." An extended period of time is defined by incessant noise for 30 minutes or more or intermittent noise for 60 minutes or more during any 24-hour period. The exception is if the animal is making noise due to a person or other animal trespassing on the property where the animal is located - or if the animal is being teased or provoked.
"This one is going to be the most difficult section of the code to enforce," Ubnoske said. "But it would be another way to keep enforcement within the city and have the quicker solution. If you are trying to sleep through the night, a barking dog can get pretty old after two months."
The noisy animals must be directly observed by an enforcement official on site responding to a neighbor's complaint or a complaint form must be signed by a minimum of two neighboring property owners and delivered to code enforcement.
Fines range from $100 for the first noise violation to $500 for a third fine in one year.
If the commission recommends approval of the noise ordinance, it will move on to the City Council for consideration.
- Contact staff writer Nicole Sack at (951) 676-4315, Ext. 2616, or nsack@californian.com.
Posted in Local on Tuesday, June 5, 2007 12:00 am Updated: 1:38 am.
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