Battle In Suburbia: The Issue of Noise In Lamorinda

At a recent meeting, several residents said the city's noise ordinance was inadequate and that the police officers charged with enforcing it were uninformed.

Many writing Lamorinda Patch ask openly: What expectations of peace and quiet should Lamorindans have, and what do the two cities and one town do to protect it?

In , the noise ordinance states, "It is the policy of the town to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power."

Noise from animals, radios, motorized tools, vehicles, public events, drums, construction and even "hawkers and peddlers" is restricted. In some categories, unlawful hours are defined; in a very few, the level of acceptable decibels is provided.

A repeated phrase, promising to protect and preserve the peace and comfort of "a reasonable person of normal sensitiveness" is surprisingly subjective.  If the hearings in front of the Orinda City Council proved anything, it was that residents have very different definitions of what is reasonable and normal.

Moraga's ordinance has a common disclaimer: "None of the restrictions set forth in this chapter apply to town-authorized or sponsored community events." Add to that, the "subject to police power" statement from the opening section, and Moragans may wonder if there are more loopholes than protections in the code.

has worked for the Police Department for about 29 years and is quick to report that "citizens I have contacted regarding noise issues have been very cooperative in working with their neighbors to resolve these types of issues."

Price manages the department's Field Training Program, arranging training for all officers. 

 "New officers participate in a Field Training Program once they are hired.  The program lasts approximately 14 weeks, and includes training on our municipal codes.  The officers frequently deal with reports of municipal code violations, and they have easy access to a municipal code book, as well as access to the municipal codes on the town website," he wrote in response to a question about officer awareness.   

"Over the years, the two most common noise complaints have been loud parties and construction noise. To remedy the issue involving loud and unruly parties, the Town adopted two parties ordinances. These ordinances provide us with a valuable tool to address issues involving noisy parties.  The Town also has a municipal code which restricts construction noise before 8:00 a.m., and after 5:00 p.m.  We occasionally have to educate contractors about the time restrictions.  I do not recall having received a noise complaint about leaf blowers being used after 5:00 p.m."

In , the city ordinance declares each resident's right to live free of "excessive, unnecessary, annoying and unreasonable noises from any and all controllable noise sources in the community."

A large portion of the ordinance is devoted to specific definitions of what constitutes noise. There is ambient noise, fixed noise and even "weighted" noise, a level of sound measured by a meter to approximate the frequency characteristics of human hearing as specified by the American National Standards Institute.

Perhaps because noise — whether it's clearing leaves or calling one's children home for dinner — has become a point of contention for many communities, Lafayette's code mentions a "noise control officer." Defined as the city manager (or any other city employee he or she assigns to the position), the officer's tasks include investigating, implementing and, ultimately, enforcing the city's code.

Mark Robbins is the code compliance officer for Lafayette.  "The code was written by an acoustic engineer in the 1970s," he said.  "That explains why it is so detailed."

He said the greatest number of complaints result from construction projects.   "If it's a job related to approval the city must grant, I just go out there and remind them of the laws regarding the code.  Mobile noise sources are permitted between 7 a.m. and 10 p.m.  Of course, we don't advertise the 10 p.m., because we don't want people disturbing the dinner hour.  For the most part, people are pretty respectful."

"We don't even have a specific definition for leaf blowers," Robbins acknowledged.  "The code talks about ambient noise and fixed noise, but not leaf blowers.  In the few (leaf blower) cases I had to work on, I was able to ask people to shift to different hours and that solved the problem."

Although the noise ordinance in Orinda received a substantial overhaul in 2004, it is likely to see renewed action this year. Quiet Orinda, a group seeking a ban on the prolific use of leaf blowers in their city, has vowed to continue its quest to put a muzzle on the blowers. The City Council, especially after the November meeting, is aware the issue has not been laid to rest.

Orinda's codes are itemized according to exceptions to the general purpose: "to preserve the peace and tranquility characteristic of a semi-rural environment while accommodating reasonable activities which tend to produce noise by regulating the days, hours and sources of such activities."

Enforcement appears to fall on the Police Department and the compliance officer, who is, again, the city manager, or a city employee appointed to fill the role.

The gray area in all three noise ordinances lies in phrases like this one, a definition of what constitutes a "nuisance" in Orinda: Any act, omission, condition, circumstance or activity which disturbs or prevents the comfortable enjoyment of property for a substantial segment of the community.

Quiet Orinda states that the machines disturb those who cherish the quiet or worry about hazardous particles in the air.  But many residents insist the machines make it possible for those with physical limitations to maintain and enjoy their property.  The solution is not easy and, at least in Orinda, has pitted neighbor against neighbor.

While the debate rages and appears to be attracting nationwide attention, the best course of action is twofold: Learn your local laws and befriend your neighbors. With luck, cooperation will become the new normal.

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