Brawley City Council tables noise ordinance item
BRAWLEY — The Brawley City Council tabled Tuesday an item regarding a new ordinance that Ciudad Plaza residents have been demanding for over a year.
Brawley City Council members considered the ordinance proposal required additional adjustments.
The proposal was presented by Brawley City Attorney William Smerdon at Tuesday’s meeting.
“As Council is well aware residents of Ciudad Plaza have expressed concerns about noise generated by various businesses in the Downtown Specific Plan area,” City Attorney Smerdon wrote in the ordinance proposal. “Additionally, the Police Department has expressed difficulty with dealing with noise complaints coming from residential districts within the City because the current ordinance does not provide objective standards.”
Smerdon told the
City Council the draft ordinance presented for consideration is modeled after El Centro’s ordinance.
“The sound levels established in the ordinance are merely suggestions, put in place for Council’s consideration,” Smerdon added in the draft ordinance. “Council may wish to revise these levels.”
According to the city attorney, the draft ordinance includes a series of administrative fines for violations of the ordinance, which would increase in the event of repeat violations. At the same time, the draft ordinance calls for the appointment of a Noise Control Officer.
“This would be a collateral duty for an existing employee,” Smerdon wrote in the proposal. “Staff is still considering how to handle this position.”
Although the ordinance has been under consideration for more than a year due to Ciudad Plaza resident complaints, the regulations would apply to anyone in the city causing disturbing, excessive, or offensive noise to protect residents’ health and welfare.
“The making and creating of disturbing, excessive, offensive or unusually loud noises within the jurisdictional limits of the City is a condition which has persisted and the level and frequency of occurrence of such noises continue to increase,” the draft ordinance reads. “The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared to be a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in the pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the City of Brawley and its residents.”
The draft ordinance sets certain levels of noise in single-family, residential, and commercial zones, depending on the time and day of the week.
In downtown’s case, the maximum noise allowed would go up to 95 decibels, the draft document reads.
Noise restrictions would also apply for the repair of motor vehicles, on-highway vehicles, off-highway vehicles, construction equipment, food trucks, sound-amplification equipment, multi-family dwelling units, horns, signaling devices, automobiles, motorcycles, radios, television sets, musical instruments, similar devices, loud speaking amplifiers for advertising, air conditioning, refrigeration, heating, pumping, filtering equipment, phonographs, musical instruments, loudspeakers, sound amplifiers, raucous yelling, shouting, hooting, whistling or even singing on public streets, as well as shouting or crying out of any peddlers, hawkers, and vendors.
Restrictions apply as well to animals, schools, courts, churches, hospitals, and burglar alarms, but exempt emergency work, sporting, entertainment, public events, and minor maintenance of residential property only if done from 7 a.m. to 8 p.m., except Sunday, when restrictions apply from 10 a.m. to 8 p.m.
“In the absence of objective measurement by use of a sound level meter, additionally it shall be unlawful for any person to make, continue, or cause to be made or continued, within the city limits, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area,” the draft ordinance continues.
“This provision shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at sporting events, parades, fairs, celebrations, festivals, circuses, carnivals, and other similar special events for public entertainment.”
According to the draft ordinance, first-time violators would be fined $500, double that amount for second-time offenders, and $1,500 if a third offense is found within 12 months. Fines can be appealed through a process included in the proposal.
Also, those who plan events in which permitted noise levels are exceeded can pay a $25 noise control written application that includes the name, and address of the applicant, the nature of the noise, and any other information the officer may require.
“The draft ordinance is based on what we saw and what we heard,” Smerdon told council members.
“I’m not a sound engineer.”
The city attorney said inside Spot 805 bar noise level readings reached 91 decibels, while at Highway 111 and Highway 86, those levels read 92 decibels.
After saying construction noise is at times “pretty loud,” Brawley Mayor Ramón Castro called his colleagues in the council to make suggestions to the proposal.
“This should work for downtown business as well as for residents based on information that we have,” Brawley Councilman Donald Wharton said.
Mayor Castro went on to say the council can revisit the item in the future if the ordinance, once approved, does not work as expected.
However, Mayor Castro considered residents throwing parties like baptisms and quinceañeras almost every weekend in their backyards — a tradition the ordinance does not seek to prohibit.
The council appreciated Smerdon’s robust draft ordinance that is way different from what the city has been offered in the past, as well as the Police Department’s effort in measuring noise levels around town.
Also, council members assured the ordinance does not seek to shut down clubs and venues.
Councilman Gilbert Rebollar asked to review penalties included in the draft, by changing fines for first-time offenders to verbal or written warnings, especially in events held during weekends.
According to the council, the city constantly receives complaints every week of high noise levels that lead police officers to visit homes to ask residents to reduce their sound levels. Once agents leave noise levels go up again.
Council members admitted the draft ordinance would not be what all residents want, so the topic could come back six months or a year later after its adoption.
“It took us a year to get to this point,” Mayor Castro said regarding the tabling of the item. “Let’s do it right.”
Ciudad Plaza owner
Lisa Machado, who at first appreciated city staff for their time in the effort, said after reviewing the draft ordinance noise levels are not even close to what other cities have enacted.
Machado said the cities of Oceanside and Vista are the only ones that do not allow noise levels above the 65-decibel threshold during the weekends.
“We feel like we are miles apart,” Machado told the council. “As elected officials you are guarded to potect our safety.”
Machado considered noise levels at 95 decibels are not safe for residents.
“You need to get better than that,” the Ciudad Plaza owner continued, saying at 91 decibels residents would need to use ear plugs or instead have hearing loss and permanent health issues.
Machado said she plans to develop property across Ciudad Plaza, but noise levels have put a break on that project.
Brawley Council member Luke Hamby responded that Oceanside — which can record the gathering of up to 15,000 people causing loud noise — has a different noise level than Brawley.
“Those are the things we need to consider too,” Hamby said. “I think this is a good starting point. Maybe not what we need, but what we can do.”
Hamby insisted that noise from Spot 805 led Ciudad Plaza residents to request reducing loud sound at the bar — an issue the city has been attempting to address.
Councilman Wharton said the city has received comments for a year while the city has worked on how to make this work.
“I do think we need to take deeper,” Machado added. “I will wait for round two.”
Wharton said traffic from seasonal agriculture can drive noise levels up as well.
“Let’s start somewhere,” Wharton said. “We can get to some point where all parties can get comfortable.”
Mayor Castro said at that time he was able to table the item and wait for another presentation by Brawley Police Chief Jimmy Duran in the next months but insisted the city does not plan to reduce allowed noise levels to a point to kill businesses.
“If that doesn’t work let’s bring it back and address it,” Councilman George Nava said, adding that the city can revisit the issue in 30 or 60 days appropriately notifying the public. “It is important to decide and move forward.”
Councilman Hamby, who lives a mile away from Spot 805, said at times he can hear the bar’s music from home.
“It is not our job on how to run businesses,” Councilman Hamby said, “until it affects the health and wellbeing of people around.”
However, customers couldn’t get the full bar experience if noise levels were set below the 75-decibel level.
Councilman Wharton assured the issue will be discussed by the council at least twice for the first and second readings.
In the meantime, the police will read once again noise levels to compare the new readings with the old ones.
Chief Duran asked the council to purchase an additional device to read sound levels once the ordinance is implemented for proper enforcement.
And so, after 14 months of discussions, the issue was tabled by the council.