DATE: December 17, 2024
TO: Board of Supervisors
SUBMITTED BY: Supervisor Nathan Magsig, District 5
John Zanoni, Sheriff-Coroner-Public Administrator
SUBJECT: Amendment to Ordinance Code of Fresno County, Title 8, Chapter 8.40, “Noise Control”
RECOMMENDED ACTION(S):
TITLE
Conduct second hearing and adopt amendments to Title 8, Chapter 8.40, "Noise Control" of the Ordinance Code of Fresno County; and waive reading of the Ordinance in its entirety.
REPORT
The recommended action will amend Chapter 8.40, “Noise Control” of the Ordinance Code of Fresno County to make the more serious violations of the ordinance a misdemeanor, and to institute a civil fine regimen as an alternative to, or in addition to prosecution for misdemeanor violations. These amendments will also provide enforcement authority to the Fresno County Sheriff, Fresno County Code Enforcement, and other enforcement officers designated by the County Administrative Officer in addition to the Public Health Officer or his duly authorized deputy. This item is countywide.
The proposed amendments to Title 8, Chapter 8.40, “Noise Control” of the Ordinance Code of Fresno County were considered in a first hearing and passed by the Board of Supervisors on December 3, 2024 and set for this second hearing for final adoption.
ALTERNATIVE ACTION(S):
The Board may determine not to approve the recommended actions; however, the current enforcement mechanisms for addressing excessive noise generated by certain activities including but not limited to social gatherings, parties and commercial event venues in residential or unpermitted zoning locations are inadequate to resolve many excessive noise situations that negatively affect public health and safety.
FISCAL IMPACT:
Initial adoption and initiation of enforcement of the proposed amendments to Chapter 8.40 “Noise Control” will not result in an increase in Net County Cost as existing budget allocations to the affected departments are estimated to be sufficient to cover initial costs. However, equipment purchases, production of citation forms for the enforcing departments, appeals of civil citations to the Hearing Officer, and prosecution of any violations of the ordinance charged as a misdemeanor may result in marginal increases in costs that may require additional allocations to the enforcing departments and the District Attorney’s Office.
DISCUSSION:
The County of Fresno “Noise Control” Ordinance, found in Chapter 8.40 of Title 8 of the Fresno County Ordinance Code, currently provides for noise control by only the Public Health Officer as an infraction and administrative matter. This has proven to be ineffective to address increasing concerns regarding noise causing events, particularly in the case of large private parties or commercial party or concert events held in violation of County Ordinance Codes. This has resulted in increasing harm to the public through excessive, often electronically amplified sources of noise that degrade the peace, health and safety of nearby residences and sensitive facilities such as schools or health care facilities. To address this problem the proposed amendment provides changes to Chapter 8.40 “Noise Control” of the Fresno County Ordinance Code to make the more serious violations of the ordinance a misdemeanor, and to institute a civil fine regimen as an alternative to, or in addition to prosecution for misdemeanor violations. The amendments to Chapter 8.40 also provide enforcement authority to the Fresno County Sheriff, Fresno County Code Enforcement and other enforcement officers designated by the County Administrative Officer in addition to the Public Health Officer or his duly authorized deputy.
The significant amendments to Chapter 8.40 include:
1. Making more serious violations a misdemeanor punishable by up to 6 months in jail and a fine not to exceed one thousand dollars ($1,000).
2. Instituting a civil fine structure including fines of $250 for the first offence; $500 for the second offence within six months; and $1,000 for the third offence within 6 months and provides for an appeal process and collection of these fines.
3. Making the refusal or failure of a person who is not a resident of the particular property on which the noise violation exists to leave a gathering, party, concert or event that is in violation of the noise ordinance when instructed to do so by a law enforcement officer a separate violation of the ordinance subject to prosecution as a misdemeanor or civil fine as provided in the ordinance.
4. Expressly providing that all other legal remedies, whether suit for abatement of nuisance, injunctive relief, or under other remedies under State law may be pursued in addition to the misdemeanor prosecution or civil fines provided for in the amended ordinance.
REFERENCE MATERIAL:
BAI #5, December 3, 2024
ATTACHMENTS INCLUDED AND/OR ON FILE:
Ordinance
Ordinance Redline
Ordinance Summary
Public Comment
CAO ANALYST:
Fine Nai