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Noise ordinance to be retuned

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TEMECULA - It's not just garage bands targeted under a proposed Temecula noise ordinance, but also homeowners, handymen, barking dogs, motorcycle riders and construction crews.

While a full spectrum of noisemakers could be muffled under the sound regulations, there is one group that would get a free pass: The city.

That, along with a number of other concerns, was raised at an hour-long meeting Tuesday of the city's noise ordinance committee on how to retune the proposed law. Nevertheless, city council members and administrators stood firm that such a sound law are needed in Temecula.

Temecula Mayor Chuck Washington said the genesis for the noise ordinance did not fall out of the sky, but rather from cyberspace as e-mailed complaints have been arriving in the city staffs' e-mail boxes with a growing frequency.

"The city has grown and there are more of us sharing the same amount of space," Washington said. "If we weren't getting complaints, we wouldn't be here."

City Councilwoman Maryann Edwards has held meetings with city administrators, the police department and county representatives since the beginning of the year to craft the ordinance, which aims to fill the gap between where common courtesy ends and enforcement begins.

"The tipping point came when we began hearing from residents who were apparently blown off by their neighbors when they asked to quiet down," Edwards said. "Besides that, there is also a growing fear of retaliation. This has gone beyond the point of just asking a neighbor to comply."

There are five categories targeted for noise limits: Audio equipment, power tools, live music, construction and animals.

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.

The sound-regulating proposal was previously considered in June by the city's Planning Commission, but was rejected for consideration because commissioners determined the proposal was created in a vacuum, without feedback from the community. Two commissioners sat in on Tuesday's meeting to review the proposal.

Planning Commissioner Dennis Chiniaeff didn't doubt that there were complaints from residents, but questioned how widespread the noise issues were.

"This is a town of 100,000 people," he said. "How many individuals have complained? I think that is a fair question."

Chiniaeff never received an answer to that question.

"So are we saying no noise, anywhere, anytime? Because that is where I see this ordinance going," Chiniaeff said.

Planning Commissioner Ron Guerriero said there are already state laws in place that protect citizens from loud and unreasonable noise.

Ed Dool, an Old Town business owner, asked if there were a way for the ordinance to be crafted to exempt the Old Town area.

"We have a permit to play music until 11 p.m., but the language of the ordinance would stop that at 10 p.m.," Dool said. "I thought we were trying to make Old Town a vibrant district."

The proposal would make it unlawful to cause or transmit loud and raucous noise from sound-amplifying devices on private property, public streets or public places. There would be exceptions, however, as temporary permits could be requested from the city for special events.

However, the city itself would be exempt from the noise ordinance, so it could continue to hold special events with amplified sound. Under the proposed ordinance, sound from 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 could be heard by a person in another occupied building. The time frame and distance would also apply to power tools.

Questions of the penalty were also raised. It is proposed in the ordinance that a noise violation would be deemed a misdemeanor.

"I agree there needs to be some sort of noise ordinance in effect, but there needs to be reasonable guidelines, instead of this jump-the-gun reaction," said Ivan McClain, a local music promoter. "What about warnings, write-ups or infractions? No one wants a misdemeanor over a backyard barbecue."

The issue of loud motorcycles was raised at the meeting, as the city has received complaints from Old Town patrons about weekend riders who are not reluctant to rev their engines while traveling through the district.

"It's a double-sided sword," said Chris Baily, owner of Baily's Restaurant in Old Town. "Motorcycles bring in business, but they are also disruptive. … What about first posting some signs in town with a nice little limerick that would tell bikers to quiet down?"

The subcommittee later determined that the state vehicle code already regulates noise from motorcycles.

- Contact staff writer Nicole Sack at (951) 676-4315, Ext. 2616, or nsack@californian.com.

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