Score: +8 (10/19/2)

Monterey County Grand Jury • 2022-2023

Noise Ordinance:

Published: October 28, 2022 13 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 11 findings

The Noise Complaint Hotline is only staffed for limited days and times; therefore, it is inadequately serving the community.

Related Recommendations (1)

HCD extend the hours of the noise complaint hotline beyond 10 p.m. on weekends to accommodate the extended hours of special events

A single HCD code enforcement officer is insufficient to respond to all complaints submitted during peak call times.

Related Recommendations (1)

HCD assign additional code enforcement officers whose focus will be noise complaints during high frequency call periods

The Sheriff's Office staffing is insufficient to respond to the number of noise complaints.

Related Recommendations (1)

Monterey County Sheriff prioritize filling currently budgeted sworn peace officer positions available for patrol in the Monterey County Sheriff’s Office

Because the MCSO considers noise complaints a lower priority than life, safety, and property calls, they are often unable to respond in a timely manner to noise complaints.

Related Recommendations (1)

Monterey County Sheriff prioritize filling currently budgeted sworn peace officer positions available for patrol in the Monterey County Sheriff’s Office

HCD community outreach regarding permit requirements is insufficient to reach those who may be unaware of the need for special event permits.

Related Recommendations (2)

HCD develop an outreach program to encourage residents to report any advertisements of planned special events and to call the hotline

HCD develop a public outreach program to inform residents of permit requirements for special events by December 31, 2023. 11

Certain property owners are knowingly renting their land to others who host large, for profit, public events without proper permits, causing nuisance and safety issues to adjacent residents.

No recommendations for this finding

Certain property owners are repeat violators of permitting requirements and are undeterred by the current dollar amount of the fines placed against the property, creating a persistent nuisance. 10

Related Recommendations (1)

Board of Supervisors impose stricter fines and penalties for repeat offenders of special event code violations

Event organizers renting property in unincorporated Monterey County have no penalty or fines levied against them for lack of permits, thus allowing them to host large events repeatedly without consequence from the County.

Related Recommendations (1)

Board of Supervisors impose stricter fines and penalties for repeat offenders of special event code violations

MCSO has an effective working relationship with CHP to patrol roads within unincorporated areas, providing an opportunity to acquire assistance with the road-related repercussions of large, unpermitted events.

Related Recommendations (1)

MCSO develop a protocol with CHP to share information about large, possibly unpermitted events, to increase safe driving conditions in the area of the event, to be completed

F10

Once a large, unpermitted event is underway in unincorporated Monterey County, it becomes virtually impossible for a code enforcement officer and/or Sheriff Deputy to intervene and shut down the event. This results in potential adverse health and safety issues for attendees and neighbors as well as the safety of the responding code enforcement officer and/or Sheriff’s Deputy.

Related Recommendations (1)

HCD require code enforcement officers to consistently patrol areas known for noise complaints and unpermitted events

F11

The Board of Supervisors has been ineffective in resolving noise complaints and providing the necessary funding for outreach and enforcement, causing confusion and frustration to residents in unincorporated Monterey County.

No recommendations for this finding

Agency Responses 4

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

County of Monterey's Additional Response to Noise Ordinance, Sleepless in Monterey County

March 26, 2024 • 11 pages • 5 responses • Score: +3 (+3, 2, 0) View Details ▾

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5 responses to findings and recommendations

HCD extend the hours of the noise complaint hotline beyond 10 p.m. on weekends to accommodate the extended hours of special events

Response: Will Implement

Score: +1

This recommendation will be implemented. HCD will extend the hours of the noise complaint hotline to 11 p.m. on weekends. Update: Recommendation has been implemented. HCD has extended the hours of the noise compliant hotline to 11 p.m. weekends. R5. HCD develop an outreach program to encourage residents to report any advertisements of planned special events and to call the hotline by September 30, 2023.

HCD develop an outreach program to encourage residents to report any advertisements of planned special events and to call the hotline

Response: Will Implement

Score: +1

Recommendation has not yet been implemented, but will be implemented in the future. HCD will work with the County's public information officer to develop and implement an outreach plan. This recommendation should be combined with R7. Update: Recommendation has not yet been implemented, but will be implemented by December 15, 2024. R6. MCSO develop a protocol with CHP to share information about large, possibly unpermitted events, to increase safe driving conditions in the area of the event, to be completed by September 30, 2023.

MCSO develop a protocol with CHP to share information about large, possibly unpermitted events, to increase safe driving conditions in the area of the event, to be completed

Response: Requires Analysis

Score: 0

This recommendation requires further analysis. The Sheriff's Office has a strong relationship with the California Highway Patrol. Analysis must be undertaken to determine what type of information should be shared for various types of events to ensure that disparate enforcement does not occur. The analysis will be completed by November, 2023. For more information, please see the Sheriff's July 6, 2023 response to the Presiding Judge, which is attached. Update: This recommendation will not be implemented. Please refer to attached response from the Sheriff- Coroner's Office, dated March 18, 2024....

HCD develop a public outreach program to inform residents of permit requirements for special events by December 31, 2023. 11

Response: Will Implement

Score: +1

Recommendation has not yet been implemented, but will be implemented in the future. HCD will work with the County's public information officer to develop and implement an outreach plan. This recommendation should be combined with R5. Update: Recommendation has not yet been implemented, but will be implemented by December 15, 2024. This will be coordinated with outreach efforts discussed in R5. R8. Board of Supervisors impose stricter fines and penalties for repeat offenders of special event code violations by December 31, 2023.

Board of Supervisors impose stricter fines and penalties for repeat offenders of special event code violations

Response: Requires Analysis

Score: 0

This recommendation requires further analysis. Special event permits are currently required by Monterey County Code Chapter 14.04. County staff can evaluate potential amendments to this Chapter to further delineate the criteria for a special event, and to set separate fines for failure to obtain a special event permit. Likewise, staff can evaluate further amendments to Chapter 10.60 to set fines for noise violations for special events. Update: This recommendation has been partially implemented. The Board of Supervisors modified the noise regulations to impose stricter rules for repeat offender...

County of Monterey's Response to Noise Ordinance, Sleepless in Monterey County

December 31, 2023 • 10 pages • 19 responses • Score: +4 (+4, 15, 0) View Details ▾

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19 responses to findings and recommendations

The Noise Complaint Hotline is only staffed for limited days and times; therefore, it is inadequately serving the community.

Response: Disagree Partially Score: 0

3 ..... F2 3 F3 3 ... ....................................... F4 3 . . . v...... F5 3 F6 3 F7 3 & 4 . . . A STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE F8 4 The state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of t F9 4 F10 4 .................

HCD assign additional code enforcement officers whose focus will be noise complaints during high frequency call periods

Response: Implemented

Score: 0

R1, R2, R3, R4, R5, R6, R7 and R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be pre...

A single HCD code enforcement officer is insufficient to respond to all complaints submitted during peak call times.

Response: Agree Score: +1

The Board agrees with the finding F2 A single HCD code enforcement officer is insufficient to respond to all complaints submitted during peak call times.

HCD extend the hours of the noise complaint hotline beyond 10 p.m. on weekends to accommodate the extended hours of special events

Response: Implemented

Score: 0

R2, R3, R4, R5, R6, R7 and R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepare...

The Sheriff's Office staffing is insufficient to respond to the number of noise complaints.

Response: Agree Score: +1

The Board agrees with the finding F3 The Sheriff's Office staffing is insufficient to respond to the number of noise complaints.

HCD require code enforcement officers to consistently patrol areas known for noise complaints and unpermitted events

Response: Implemented

Score: 0

R3, R4, R5, R6, R7 and R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared fo...

Because the MCSO considers noise complaints a lower priority than life, safety, and property calls, they are often unable to respond in a timely manner to noise complaints.

Response: Disagree Partially Score: 0

3 . . . v...... F5 3 F6 3 F7 3 & 4 . . . A STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE F8 4 The state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of t F9 4 F10 4 ....................................... .... F11 4 & 5 ...............................

Monterey County Sheriff prioritize filling currently budgeted sworn peace officer positions available for patrol in the Monterey County Sheriff’s Office

Response: Implemented

Score: 0

R4, R5, R6, R7 and R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for di...

HCD community outreach regarding permit requirements is insufficient to reach those who may be unaware of the need for special event permits.

Response: Disagree Partially Score: 0

3 F6 3 F7 3 & 4 . . . A STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE STATE OF THE F8 4 The state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of t F9 4 F10 4 ....................................... .... F11 4 & 5 ....................................... Recommend...

HCD develop an outreach program to encourage residents to report any advertisements of planned special events and to call the hotline

Response: Implemented

Score: 0

R5, R6, R7 and R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discus...

Certain property owners are knowingly renting their land to others who host large, for profit, public events without proper permits, causing nuisance and safety issues to adjacent residents.

Response: Agree Score: +1

The Board agrees with the finding F6 Certain property owners are knowingly renting their land to others who host large, for profit, public events without proper permits, causing nuisance and safety issues to adjacent residents.

MCSO develop a protocol with CHP to share information about large, possibly unpermitted events, to increase safe driving conditions in the area of the event, to be completed

Response: Implemented

Score: 0

R6, R7 and R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion...

Certain property owners are repeat violators of permitting requirements and are undeterred by the current dollar amount of the fines placed against the property, creating a persistent nuisance. 10

Response: Agree Score: +1

The Board agrees with the finding F7 Certain property owners are repeat violators of permitting requirements and are undeterred by the current dollar amount of the fines placed against the property, creating a persistent nuisance.

HCD develop a public outreach program to inform residents of permit requirements for special events by December 31, 2023. 11

Response: Implemented

Score: 0

R7 and R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by ...

Response: Disagree Partially Score: 0

4 The state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of t F9 4 F10 4 ....................................... .... F11 4 & 5 ....................................... Recommendation Page# R1 6 . . . . . . . . . . . . . . . . . . . . R2 6 ----- R3 6 ... ....................................... R4 6 . . . . . . . . . . . . . . . . . . . . ....................................... R5 7 20/20/2020 - . . . . . . . . . ....

Board of Supervisors impose stricter fines and penalties for repeat offenders of special event code violations

Response: Implemented

Score: 0

R8 RECOMMENDATIONS: Response With respect to each recommendations, pursuant to Penal Code, section 933 (c), the Department shall indicate one of the following: 1) That the recommendation has been implemented, with a summary regarding the implemented action; 2) That the recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation; or 3) That the recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the Boa...

Response: Disagree Partially Score: 0

4 F10 4 ....................................... .... F11 4 & 5 ....................................... Recommendation Page# R1 6 . . . . . . . . . . . . . . . . . . . . R2 6 ----- R3 6 ... ....................................... R4 6 . . . . . . . . . . . . . . . . . . . . ....................................... R5 7 20/20/2020 - . . . . . . . . . . . . . . . . . . . . . R6 7 *************************************** R7 REPORT TITLE: 2022 - 2023 Monterey County Civil Grand Jury Topic: "Noise Ordinance: Sleepless in Monterey County" RESPONSE BY: Housing a...

F10

Response: Disagree Partially Score: 0

4 ....................................... .... F11 4 & 5 ....................................... Recommendation Page# R1 6 . . . . . . . . . . . . . . . . . . . . R2 6 ----- R3 6 ... ....................................... R4 6 . . . . . . . . . . . . . . . . . . . . ....................................... R5 7 20/20/2020 - . . . . . . . . . . . . . . . . . . . . . R6 7 *************************************** R7 REPORT TITLE: 2022 - 2023 Monterey County Civil Grand Jury Topic: "Noise Ordinance: Sleepless in Monterey County" RESPONSE BY: Housing and Commu...

F11

Response: Disagree Partially Score: 0

4 & 5 ....................................... Recommendation Page# R1 6 . . . . . . . . . . . . . . . . . . . . R2 6 ----- R3 6 ... ....................................... R4 6 . . . . . . . . . . . . . . . . . . . . ....................................... R5 7 20/20/2020 - . . . . . . . . . . . . . . . . . . . . . R6 7 *************************************** R7 REPORT TITLE: 2022 - 2023 Monterey County Civil Grand Jury Topic: "Noise Ordinance: Sleepless in Monterey County" RESPONSE BY: Housing and Community Development RESPONSE TO: Findings and Response F...

Monterey County Sheriff’s Office Response to Noise Ordinance: Sleepless in Monterey County

July 06, 2023 • 3 pages • 7 responses • Score: +1 (+3, 2, -2) View Details ▾

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7 responses to findings and recommendations

The Sheriff's Office staffing is insufficient to respond to the number of noise complaints.

Response: Disagree Partially Score: 0

I partially disagree with this finding. At the time of the writing of this response the Sheriff's Office had 22 vacant sworn positions across the ranks of deputy sheriff, sheriff's sergeant, and sheriff's commander with 16 of those positions located in the Enforcement Operations Bureau whose personnel respond to the noise complaints. In addition, since Fiscal Year 2015 the Sheriff's Office has seen a reduction of its budgeted staffing allocation by the Board of Supervisors eliminating or defunding a total of 13 sworn positions with the majority of those eliminated positions cut from the Enforc...

Because the MCSO considers noise complaints a lower priority than life, safety, and property calls, they are often unable to respond in a timely manner to noise complaints.

Response: Agree Score: +1

I agree with your finding. 1414 Natividad Road, Salinas CA 93906 ■ (831) 755-3700 ■ www.montereysheriff.org • MONTEREY COUN1Y, CALIFORNIA Tina M. Nieto SHERIFF'S OFFICE Sheriff-Coroner The Sheriff's Office contracts dispatch services with the Monterey County Emergency Communications Department. The Communications Department utilizes a computer aided dispatch system which prioritizes call for service based on the nature of the call. Response to noise complaints is prioritized after higher priority calls relating to crimes of violence and crimes of property leading to delays in response by staf...

Monterey County Sheriff prioritize filling currently budgeted sworn peace officer positions available for patrol in the Monterey County Sheriff’s Office

Response: Will Not Implement

Score: -1

The recommendation will not be implemented because it is not reasonable. The Sheriff's Office is currently operating within the terms and conditions of the Hernandez Federal Settlement pertaining to jail operations. A portion of the settlement agreement mandates staffing levels assigned to the jail thus prioritizing the staffing of the Jail Division ahead of the Enforcement Operations Bureau. I agree there is a need to fill the vacant budgeted positions available for patrol, but it is unreasonable to expect the filling of the 16 vacancies in the Enforcement Operations Bureau by December 31, 20...

Certain property owners are knowingly renting their land to others who host large, for profit, public events without proper permits, causing nuisance and safety issues to adjacent residents.

Response: Agree Score: +1

I agree with this finding.

MCSO develop a protocol with CHP to share information about large, possibly unpermitted events, to increase safe driving conditions in the area of the event, to be completed

Response: Requires Analysis

Score: 0

This recommendation requires further analysis. The Sheriff's Office has a strong relationship with the California Highway Patrol and each routinely supports the efforts of the other. Analysis must be undertaken to identify what information should be shared based on the size and scope of the event in question to ensure fair and equitable treatment of all events when compared to each other to ensure disparate enforcement does not occur. The Sheriff's Office Fiscal Year 24 budget is fully allocated at the time of this response and completion of the analysis and review of accumulated data may requ...

Response: Agree Score: +1

I agree with this finding.

F10

Response: Disagree Score: -1

I wholly disagree with this finding. Due to the prioritization of calls for service noise complaints are considered lower priority calls for service which can lead to delayed response. Though, once a response occurs it is feasible, with well written and enforceable ordinances, to shut down an event. There are inherent hazards conducting any enforcement action law enforcement undertakes yet the hazards can be mitigated, though not eliminated, by assessing the support elements needed to shut down the event safely and effectively.

(Spanish) - Oredenanza Sobre El Ruido: Insomnio En El Condado De Monterrey

May 16, 2023 • 14 pages View Details ▾

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No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

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