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Temecula adopts first noise ordinance; needs to buy equipment to make law effective
By: NICOLE SACK - Staff Writer | ∞
TEMECULA ---- Making noise in Temecula will soon come with a price.
Residents who violate the city's first noise ordinance may face fines ranging from $50 up to $2,500. But city taxpayers will also be pitching in, because Temecula will need to buy equipment to enforce the new regulations, which hinge on decibel readings.
How much the devices will end up costing the city is still unclear, as the council adopted the new law Tuesday without an estimate for the sound-measuring equipment. The ordinance targets audio equipment, power tools, live music, construction and animals.
Emery Papp, senior planner for Temecula, said it is still unclear how many sound meters the city will have to buy as police, code enforcement officers and park rangers will be able to issue citations. He said the average price of the decibel meters range from $1,500 to $2,200 a piece. A calibrator would also have to be bought to assure the instruments are reading sound levels properly.
"Depending on how many we need and what the cost will be, we may need to put the equipment out to bid," Papp said. "We certainly want to have everything in place by the time the noise ordinance becomes effective."
The ordinance will go into effect 30 days after it is formally adopted in a second vote, scheduled for Oct. 9, which gives the city until November to acquire the sound measuring devices.
Riverside County adopted a similar noise ordinance in March 2006, regulating sound levels in unincorporated areas, but the county has yet to buy noise meters and calibrators.
Riverside County Deputy Planning Director Mark Balys said the Sheriff's Department has enforcement responsibility for the county ordinance, and that there are delays in buying the equipment. That doesn't mean the county isn't enforcing the ordinance, though.
"The fallback is that sound that is audible from 200 feet away is still a violation, and that provision has allowed the noise ordinance to be effective even without the decibel meters," Balys said.
Temecula City Councilman Ron Roberts, who serves as a legislative aide for Riverside County Supervisor Jeff Stone, suggested that city staff begin investigating the cost of the sound equipment so it would be available when the law goes into effect.
"I know it takes some time to acquire that equipment," he said. "And since the ordinance depends on decibel readings, the city is not going to be able to enforce the law without them."
Roberts said there is a need to balance cost of the machines and their quality, as the readings of some inexpensive models may not hold up in court if charges are challenged. If the county buys its equipment first, he said, Temecula may have an easier time selecting its sound measuring equipment.
"I think it was way past the time that Temecula needed a noise ordinance," Roberts said. "Now we just need to make sure we can enforce it."
The ordinance was the recommendation of Temecula City Councilwoman Maryann Edwards, who had received numerous e-mails from residents who felt they had no recourse dealing with inconsiderate neighbors.
"We aren't going to have people driving around looking for violations, it's going to be complaint driven," Edwards said.
The original draft of the noise ordinance was rejected by the Planning Commission in June. Commissioners cited several concerns about whether the ordinance was needed and how it would be enforced. The proposal has been tweaked at least twice as a result of meetings of a subcommittee consisting of council members, planning staff, the police department officials, code enforcement officers and members of the public.
"This is one of those difficult things that we face, where one person's right to have a garage band and play music is infringing on somebody else's right of a peaceful existence within their own home," Councilman Jeff Comerchero said at Tuesday's meeting. "Those are always difficult issues for us to handle, but we're trying to balance those rights to be fair to everybody."
The penalty for violating the noise ordinance would begin at $50 for the first violation and jump to $150 for the second violation. Repeated violations could bring civil penalties of up to $2,500 per day.
Contact staff writer Nicole Sack at (951) 676-4315, Ext. 2616, or nsack@californian.com.
General restrictions of Temecula's noise ordinance:
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Paul wrote on Sep 29, 2007 5:24 AM:Can this law be expanded to include vociferous politicians?
Sparkplug wrote on Sep 29, 2007 6:15 AM:So, what is the db limit? Is it something like having a normal conversation = an infraction? Does pitch, frequency, or tone factor in with this ordinace? Exactly what is the scientific criteria, other than circumstances related to access to an actual "enforcement official"? We want to learn something from these articles....
Mike wrote on Sep 29, 2007 7:42 AM:It's too bad that Temecula has to create the sound police. The real problem is people who just don't use common sense and don't care about others. Another example of the "me me me" times we live in.
love temecula wrote on Sep 29, 2007 12:00 PM:Thank you, thank you, thank you, city of temecula. We are all for the new ordinance. Every home owner deserves to have some peace and quite! I will be the first to call the police, especially when it comes to barking dogs. People with barking dogs are like people whose kids scream all the time and they don't even notice. As far as garage bands go, it is rude and selfish to impose that kind of noise on to your nieghbor.
anotherview wrote on Sep 29, 2007 1:08 PM:Please notice, dear reader, that the noise-control ordinance appears to omit automobiles and motorcycles. These two noise sources continually disturb the peace and quiet of neighborhoods from exhaust mufflers emitting motor noise at excessive levels. Effectively moderating the noise from these sources should go next on the agenda.
john wrote on Sep 29, 2007 2:10 PM:DB level are done by weight A or C high or low , bass will vibrate more and therefore mat be percieved as louder , mid and high will be percieved by the ear as louder but it's actual volume is based on weight, thus the term Heavy Metal for those history buffs.A high quality Db meter can be purchased at radio Shack for $100.
Zeffery wrote on Sep 29, 2007 2:14 PM:The ordinance excludes automobiles and motorcycles because there is an existing state law which governs those. The new equipment will allow the enforcement within our community. The DB level was either 86 or 89. It's in the ordinance listed on the cities web site.
Andrew wrote on Sep 29, 2007 3:32 PM:This is the most ridiculous thing I have ever heard. You know what's cheaper than decibel meters and calibrators? Ear plugs. I am ashamed of Temecula.
Agreeing with Mike wrote on Sep 29, 2007 4:14 PM:I absolutely agree with you. The real shame here is that the city seems to need this law at all. Clearly, the days of being polite to your neighborhood are long gone. I am blessed to have mostly good neighbors. Unfortunately, I have one neighbor who doesn't seem to see a problem with his teens blaring loud music at all hours. I live across the street and can hear the music in the back rooms of my house with my doors and windows closed. Andrew, I should not have to wear earplugs in and around my own house!! Courtesy is even cheaper than ear plugs!!
Randy wrote on Sep 29, 2007 6:24 PM:Residents in Temecula...it's time to sell and leave! Other than that, the next time you vote...vote for someone who can actually do something for your community. It's a shame you can fire the dimwits that came up with this foolish idea.
Ray wrote on Sep 29, 2007 8:53 PM:I have lived in Europe, Canada, and here. None of the places had noise issues except here. People just don't give a damn about respecting their neighbors... and it shows. No civility. Glad to see the law and wish it were in place in Vista where I live.
Chuck wrote on Sep 29, 2007 9:14 PM:Next you will have noise checkpoints down at old town for all the Harleys leaving Beer and Wine garden at night. Ridiculous, only in California, Im so glad I left that state!!!!
Chris wrote on Sep 29, 2007 10:23 PM:This is an issue of courtesy. I should not have to ask my neighbors to turn down their music after 10:00 pm (on a school night) or wonder when that big mutt across the street will finally stop barking. However, I think that a garage band practicing at 4:00 in the afternoon, with the amps at a reasonable level should be left alone. Yeah, "love Temecula," that might not be what you want to hear (especially since the music is probably not very good), but the kids need a place to practice.
susan wrote on Sep 29, 2007 10:45 PM:As I sit here listening (against my will) to music I abhor coming through my bedroom window (yes they are closed), from neighbors(?) who don't even know or care that there are others who live on this planet, much less their street, or behind them, or(in my case)two streets over, I have to say - Can you please tell Riverside Co officials to adopt this ordinance for its unincorporated communities as well. We have rights too - and I'd like to go to sleep (it's 1045pm) because I've worked dog hard all day and I'm tired!!
To Susan wrote on Sep 30, 2007 12:11 AM:RivCo DID adopt this exact ordinance one year ago. Call the sheriff and get some peace and quiet.
Randy wrote on Sep 30, 2007 2:51 AM:Hey Susan...it's morning, did you sleep well? No? Such a shame...I slept great!
No Balloons? wrote on Sep 30, 2007 7:18 AM:Why didn't the council include those awful hot air balloons that you can hear for MILES? When they are right over the top of your house, it seems as though there is a huge blow torch being used on your roof. Add to that the excited screams and loud comments from the passengers at 6:30 in the a.m. Is it possible that the ordinance excluded the balloons because the owners of the balloons contribute to the city's politicians?
mothermarg wrote on Sep 30, 2007 9:13 AM:"Has the city of Temecula become a totalitarian superstate." This noise ordinance, brought back memories of Orwell's novel "1984". The city of Temecula has become the Big Brother. What is the city of Temecula going to provide the youth who do play musical instruments? I guess the community rather see these kids on the streets. Not all youth play sports. My children grew up here, and now are young adults who did practice music in my house. They performed last year at the Temecula Film Festival. This city needs to find a solution for the youth who do play music. I am very saddened that we do not promote the arts in this town. Now they will be criminals if they play music in their homes.
Bob wrote on Sep 30, 2007 7:00 PM:It's a sad state of affairs when we have to enforce a noise ordinance. It use to be that you could knock on a neighbor's door, ask them to turn it down and that would be that. Now, you have to worry about some idiot who might try to shoot you for disrespecting his music! I hope Murrieta leaders are quick to adopt a noise ordinance as well. I'm ready to take drastic measures against the dogs in my neighborhood!
Mr.This wrote on Sep 30, 2007 7:12 PM:Oh Temecula, your close-mindedness grows by the day.
To Mr. This and Naysayers wrote on Oct 1, 2007 10:36 AM:you're absolutely right! Temecula should just take all of the codes and laws and have a big bonfire in Old Town. Why not get rid of the police too. Let's go back to the good ol' days where the most feared people and the fastest guns ruled the town. Nice suggestion! Oh, and in case some readers didn't get it, thats called sarcasm.-
Hum to all of you wrote on Oct 1, 2007 11:18 PM:So how is the community going to help the youth who do play musical instruments in their homes? Let the police spend their time on this new law and not where they need to put their real focus on, REAL CRIME. So where is this community going, spend and make money on nonsense. This whole ordinance is a money making profit for the city of Temecula, once known as Rancho California.-
Who says wrote on Oct 2, 2007 11:03 AM:school kids can't play musical instruments? I think it says that can't be played so loudly that it can be heard in someone else's house. Why does anything need to be played that loudly? Does school music practice require this? I doubt it. Keep it indoors and let the parents, not the neighborhood, enjoy the music.
SICK OF IT wrote on Oct 3, 2007 11:14 AM:Yea watch, just cause one neighbor lets all 5 of their cats roam freely thru everybody's yards back and front and crap where they please and drive every dog in their OWN backyard nuts we will be the ones to get the first ticket. There are laws in Ontario Canada that prohibit free roaming cats being they are a nuisance. That is one reason you hear dogs barking in some areas. What are we suppose to do? Not allow the dogs out in their yards ever being we have negligent people that do not believe in getting their female cat spayed and thinking its ok to let them instigate the barking of not just my dogs but all others in the area. They have made our life hell by leaving their cats as outdoor pets. Dogs need to go out to use the yard as their bathroom cats should use an indoor litter box not my yard.? Believe me if we addressed this issue with this neighbor they would disregard it all that much more. We once had to address something else with them when they firstr moved in and we got the vindictive treatment. They have that attitude of too bad and in your face. Oh and by the way we were here first.
Too Bad wrote on Oct 3, 2007 4:33 PM:I will never spend another dime in Temecula! Too bad for local businesses, and a great opportunity for local cities.
Grew up with respect for others wrote on Oct 4, 2007 12:22 PM:Ok, what about neighbors who think they own the culdesac, block off the street on a daily basis with orange cones so you can't drive into your own driveway, bring out their fire pits and light up the neighborhood with the flames, drop their cigerette butts in the street and use profanity all night as they guzzle their booze til they can't walk!!!! Where are the laws in Temecula! Where's the respect for those people who DO respect their city, neighbors and most importantly THEMSELVES!!!!!!!
tired wrote on Oct 7, 2007 3:09 PM:Just what we need! Another law that will go unenforced!
Mike wrote on Oct 15, 2007 8:52 AM:Should our taxes be raised for this equipment since there is the 200 foot rule? A noise can be heard from far away even if it had a low dB reading. Knowing that, it would seem that the sound equipment would only be a waste of time for the law and a waste of money for the tax payer.-
ChrisM wrote on Oct 23, 2007 1:25 AM:Just another way for the city to make money, it will probably be toppled in a couple of years, that is if people complain about it long enough. Also to reply to anotherview's comment on vehicle noise, if you read the California vehicle code there is a law that already has been in effect for that such problem and it usually is handled at the officers discretion also most after market muffler manufacturers have legal papers given to the buyers stating that the product is legal in 50 states also most officers don't bother enforcing the law because most car manufactures now days make loud aggressive sounding cars stock from the dealer, so either way there is nothing that can be done nor gives the city any reason to pursue the matter further.
Justin wrote on Oct 23, 2007 9:24 AM:This is another infringement on one party's rights in order to stop another party from complaining. Let's spend all of the money for these noise monitoring devices on music programs in our schools and maybe we can change our city through the education of our youth versus the strong arm of the law. Wake up Temecula.
James wrote on Oct 23, 2007 12:44 PM:People, laws like this are being passed all over this country. Example New York is trying to pass a law on Noose hanging as a threat a felony which we already have laws if you threat death on a person. Orwell's novel 1984 is a fact coming true. The big picture to focus on is Our rights being taking away, Illegal's invading our country, US Dollar Collapse and a goverment which is out of country. Wake up People..
sharon wrote on Dec 18, 2007 12:04 PM:I never thought I would be in this position. Living off and on in the house that my parents bought back in the 60's we never encountered a problem with a noisy neighbor. New neighbors moved in a year ago and built 3 homes on the lot. They play loud music at all hours. My son has asked them to please lower their music and the sheriffs have been to their house 12 times to get them to lower their music. The neighbors' attitude is so rude it's hard to believe people do not feel bad about acting this way. One time they fired a gun after the police went to their home. There was a time in my neighborhood when people had commen decency; but not anymore.
Rose B. wrote on Dec 20, 2007 11:05 AM:It's a shame you do not include uncontrolled noise from children. It's not the dogs, or the garage bands that are bothersome but screaming children outside your bedroom windows in the early morning hours that is a nuisance. Why are they exempt? Overall, I think it's just another way to police people.
Comeon! wrote on Jan 19, 2008 12:44 PM:In my opinion this is a joke.. Do you really think the police are going to inforce this? There are already numerous noise laws pertaining to illegal car and motocycle noise that the police ignore. You cant even drive down the street with out being slaped in the face by illegal muffler noise. Police, time to start doing your job! Enforce laws that already exist before creating more! Time to start holding the police accountable.
good! wrote on Jan 19, 2008 12:45 PM:I support this law 100% Matter of fact the council should be doing a lot more to stop noise pollution!
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