Abel,

I take no exception to your analysis as we both have a dog in this fight. We have performed the appropriate surveys and documented same. The following is quoted from the San Diego County Code of Regulatory Ordinances to show that noise or even the perception of noise is seen as a major threat to quality of life here. I have to believe that similar words are on the books (or will be) elsewhere.

SEC. 36.401. PURPOSE AND INTENT.

The Board of Supervisors of the County of San Diego finds and declares that:

(a) Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the County of San Diego;

(b) The making and creating of disturbing, excessive, offensive or unusually loud noises within the jurisdictional limits of the County of San Diego is a condition which has persisted and the level and frequency of occurrence of such noises continue to increase;

(c) The making, creation or continuance of such excessive noises which are prolonged or unusual in their time, place and use effect and are a detrimental to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the County of San Diego;

(d) Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, and enjoyment or property; and

(e) 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 County of San Diego and its inhabitants.

A subjective nuisance can, however, be declared in the absence of a properly documented sound survey:

SEC. 36.414. GENERAL NOISE REGULATIONS. (of the San Diego County Code of Regulatory Ordinances

(a) General Prohibitions. 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 limits of said County, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area.

It goes on to list the various transgressions. Bottom line is that no club or flying field is immune to attack on the basis of noise. Even though we enforce 90 dB at 9 feet and we have documented sound surveys at the boundaries, an attack could still be mounted that we could not afford to fight.

We have successfully fought off complaints in the past. Recently, a developer has begun to build some $million-plus hovels within a half mile of the field. I hope they are well insulated and the patios are on the west side.

SK