Noise law closer to approval

Typically loud debate on Calaveras County noise levels reached a quiet coda this week as supervisors moved to adopt an as-amended noise ordinance set for final approval Sept. 11.

The board moved unanimously in support of a revised measure set to clamp down on daytime noise levels above 60 decibels in residential areas and above 50 between 10 p.m. and 7 a.m. Those caps are set to bend upward on the weekends, allowing for a 5 decibel bump at all hours on Fridays and Saturdays.

Opting to bring those changes back for a third board appearance in as many months is unlikely to discourage advocates on either side of the long-running noise issue, including Mountain Ranch resident Ray Goodpastor, who used a handheld decibel reader to make his case in opposition to the proposal.

“We’ve been way over 55 decibels the entire meeting, including moments of silence,” Goodpastor said. “I can’t get this thing to go below 45, so it’s fascinating these numbers work for you.”

Referring to the proposal as a “money grab,” he urged board members to consider the impact of sheriff’s enforcement on conflict resolution between neighbors.

“Instead of generating fewer complaints, I’m thinking this will be used to generate more,” he said. “I’ve witnessed incredibly lengthy feuds between neighbors that go on for years. I can only imagine this will be used as a weapon, a tool, to prosecute these little battles that occur throughout our county, with no pleasant resolution. … I would urge you to say ‘No, we really don’t need this.’”

“The bottom line is enforcing the rules instead of making another one,” agreed fellow Mountain Ranch resident Brian Webber. “(The noise ordinance) is not enforceable and only creates problems for people that just want to live peacefully.”

Supervisor Steve Wilensky added some caveats to his yes vote on the matter.

“This discussion makes me ever more aware of the rich diversity off expression in District 2,” Wilensky said. “I appreciate the reference to conflict resolution, I actually believe in conflict resolution – I actually believe the best way to work things out is between neighbors – and I’m a very reluctant convert to the idea that in some cases, conflict mediation is not adequate.”

“On the other hand,” he continued, “I’m going to support this initiative, because it’s come out of two years of trying to hit middle ground. … Just listen to today, you’ll see how far apart the parties are.”

Those parties found especially little to like about the proposal’s approach to compliance issues, with advocates and opponents butting heads over everything from an exception for shooting ranges to the feasibility of enforcing the noise law at the Tuolumne County border on Lake Tulloch.

Merita Callaway, a similarly reluctant backer of the ordinance, joined Darren Spellman in stressing the importance of enforcing only unlawful abuses of the noise ordinance.

She said that while enforcement decisions lie mostly within sheriff’s deputies’ discretion, she doesn’t anticipate the ordinance will pose a threat to lawful, “considerate” events and small private parties.

http://bos.calaverasgov.us/Portals/bos/Docs/BOS_Archives/Agenda/2012/20120911a.pdf