HomeMy WebLinkAboutMINUTES - 06121984 - IO.2 TO: BOARD OF SUPERVISORS
Contra
FROM: Internal Operations Committee
Costa
DATE: dune 4, 1984 County
SUBJECT: Noise from Dirt Bikes
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Request Sheriff Richard Rainey to respond to the letter received from James B.
Turre, M.D. and Carmen M. Turre relating to the noise from dirt bikes in their
neighborhood in Moraga.
2. Refer this matter to the Planning Department to determine whether any ,land .use
or zoning violations have occurred in this instance.
3. Remove this item as a referral to our Committee.
BACKGROUND:
On April 10, 1984, the Board, at the request of Supervisor Fanden, referred to our
Committee a letter dated April 1 , 1984 from Dr. James B. Turre and other residents
of Valley Hill Drive in Moraga complaining about the noise from dirt bikes being
used on neighboring private property. The Board' s referral: also directed the Director
of Planning, Sheriff-Coroner, and County Administrator to review the problems as
stated in Dr. Turre's letter and submit their report to our Committee.
On June 4, 1984, our Committee met with the Director of Planning, staff from the
Sheriff's Office and the County Administrator's Office. Staff reviewed reports
dated May 23, 1984 from County Counsel and May 31 from Sheriff-Coroner. County
Counsel 's memorandum recites the considerable body of law already available to the
Sheriff-Coroner to enforce criminal tresspass violations and violation of the Vehicle
Code regulating off-highway vehicles.
The Sheriff's report notes that his staff have contacted Dr. Turre and the residents in
the area. The residents have been advised to contact the owner of the property in
question to solicit his voluntary agreement to control the noise. The Sheriff's staff
have summarized the actions they can take to insure that off-highway vehicles are
properly equipped even when used on private land. The Sheriff now has a two-man off-
highway motorcycle team which can assist in patroling areas in the County where noise
is a problem. Similar complaints have been received from several areas of the County.
The Sheriff, in cooperation with the District Attorney, has developed a warning notice
relating to disturbing the peace which is sent to the owner of land on which such
problems occur. However, the District Attorney needs verification of an incident
from more than one person. For this purpose, a form has been developed to document
incidents and provides for signatures of all parties who witnessed the incident. The
Sheriff-Coroner believes that there are adequate laws to deal with the problem and
that additional legislation is not the answer.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATI F OUN�Y� MINISTRATOR �_ RECOMMENDATION OF BOARD COMMITTEE
_ APPROVE n
/rl� C
SIGNATURE(S) 1 �r5� Nancy C. Fand
ACTION OF BOARD ON June 12 , 1984 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
_ X UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
CC: Sheriff-Coroner ATTESTED a;6:�
/0? /0904
Director of Planning J. OLSSON, COUNTY CLERK
District Attorney AND EX OFFICIO CLERK OF THE BOARD
County Counsel 0 0 2�
Dr. James Turre
M3e2/7-89 BY , DEPUTY
-2-
The Sheriff-Coroner has agreed to respond to Dr. Turre, supplying him with the forms
to document each incident and to get his neighbors to verify the incident. We are,
in addition, asking the Planning Department to determine whether the operation of
off-highway vehicles in this area of Moraga constitutes any zoning or land use
violations and, if so, to take appropriate action.
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