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HomeMy WebLinkAbout297M ORDINANCE NO. 297 AN ORDINANCE OF THE CITY OF IRWINDALE, CALIFORNIA ADDING CHAPTER 8 TO ARTICLE IV OF THE IRWINDALE MUNICIPAL CODE PROHIBITING EMISSION OR CREATION OF NOISE BEYOND CERTAIN LEVELS The City Council of the City of Irwindale does ordain as follows: SECTION 1. AMENDMENT OF CODE. Chapter 8, reading as follows is hereby added to Article IV of the Irwindale Municipal Code: CHAPTER 8 NOISE REGULATION PART 1 General Provisions SECTION 4800 Declaration of PoltVy It is hereby declared to be the policyc,oft.Lhe'Cipy to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power and contrary to the public interest. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interest shall be systematically proscribed. SECTION 4801 Definitions As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this Chapter 8, are defined as follows: (a) Noise level. Noise level shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micro - newtons per square meter. The unit of measure is the dB(A). (b) Ambient noise level. Ambient noise level shall mean the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources excluding the alleged offensive noise at the location and approximate time at which a comparison with the alleged offensive noise is to be made. (c) Ambient base noise level. Ambient basenoise level shall mean reasonable and representative ambient noise levels in various land use categories in the City and at various times as established by the Planning Commission. (d) Commercial purpose. Commercial purpose shall mean and include the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any good, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show entertainment, exhibition, or event, or for the purpose of demonstrating any such sound equipment. Ordinance No. 297 (e) Decibel. Decibel (dB) shall mean a unit of level which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of .power is ten (10) times the logarithm to the base ten (10)'of,this ratio. (f) Emergency work. Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work performed by public utilities or public agencies and utility companies. (g) Motor vehicles. Motor vehicles shall include, but not limited to, off-road vehicles, mini -bikes and go-carts. (h) NoncommerciaL purpose. Noncommercial purpose shall mean the use, operation, or maintenance of any sound amplifying equipment for other than a "commercial purpose". Noncommercial purpose shall mea and include, but shall not be limited to, philanthropic, political, patriotic and charitable purposes. (i) Person./ Person shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature. (j) Sound amplifying equipment. Sound amplifying equipment shall mean any machine�or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicl& in which the automobile radio is installed. Sound amplifying equipment, as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. 1 (k) Sound level meter. Sound level meter shall mean an instrument meeting American National Standard Institute's Standard 51.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (1) Sound pressure level. Sound pressure level.in d,6cibels, of a sound shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated. (m) Sound truck. Sound truck shall mean any motor vehicle, h or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. SECTION 4802 Noise level enforcement criteria Enforcement of the provisions of.this chapter shall be based on a noise,level-measurement to establish the noise level. Said measurement shall be taken in -accordance with the city's Administrative Instruction concerning noise level measurement procedure. 8 Ordinance No. 297 SECTION 4803 Ambient base noise level Where the ambient.noise.level is less,than designated in this section, the.ambient base..noise level, in this section shall govern. Zone - ,Ambient Base Noise Level 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. Residential 45 50 Commercial 50 55 Industrial 60 70 Any noise at a level which exceeds the ambient or the ambient base level as,set forth in this section, whichever is greater, by more than 10 dB when measured at any boundary line of the property from which the noise emanates shall constitute sufficient proof of a violation. SECTION 4804 Noise level violation It shall be unlawful for any person to willfully make or continue, or cause to be made or continued any noise at a level which exceeds by more than 5 dB the ambient or the ambient base level as set forth in Section 4803, whichever is greater, when measured at any boundary line of the property from which the noise emanates. SECTION 4805 Violations: Misdemeanors Any person violating any of the provisions of this sub- section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not exceeding Five Hundred and no/100ths ($500.00) Dollars or be imprisoned in the County,Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.. SECTION 4806 Violations Injunctions Additional remedies: As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, shall be deemed, and is declared to be, a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. SECTION 4807 Severability If any provision, clause, sentence or paragraph,of this Chapter, or the application.thereof to any person,or circumstances; shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions hereof which can be given effect without the invalid provisions or application and, to this end, the provisions hereof are hereby declared to be severable. Ordinance No. 297 SECTION 4808. Effect . Nothing in this Chapter et seq. shall authorize -any use otherwise prohibited or regia•laited by,the Irwindale Municipal Code. PART 2 Special Noise Sources SECTION 4820. Radios, television sets and similar devices. It shall be unlawful for any person within any residential zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound in a manner which would!constitute•a violation of Section 4804. SECTION 4821. Hawkers and peddlers It shall be unlawful for any person within the city to sell anything by outcry within any area of the city zones for residential uses. . . I I - - .. _ 1 _ 1 ..SECTION 4822. Drums (a) Use restricted. It shall be unlawful for any person to,use any drum or other instrument/ orldevice of any kind for the purpose of attracting attention for commercial purposes by the creation of noise within the city. This section shall not apply to any person who is a participant in a duly authorized parade or who has been otherwise duly authorized to engage in such conduct. SECTION 4823. Schools and churches It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent toany school, institution of learning, or church while the same is in use;, .i£ such noise unreasonably interferes with the working of such institution or which Would constitute a -violation of Section 4804. SECTION 4824. Animals and fowl No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry, or behavior, shall cause noise in any residential neighborhood which would constitute a violation of Section 4804, or otherwise constitute a nuisance. SECTION 4825. Machinery, equipment, fans, and air conditioning It shall be unlawful for any person.to operate any machinery, equipment, pump, fan, airs -conditioning apparatus, .or similar mechanical device in�any manner so as to create any noise which would cause the'noise level at any -boundary line of any property from which such noise emanates�to exceed-ithe ambient noise level or the ambient base level as set forth in Section 4803, whichever is greater, by more than ten (10) decibels. ,U Ordinance No. 297 Provided, however, this section shall .not prevent the reasonable operation of customary household gardening equipment or,hobby-shop;equipment;during the hours of 8,a.m. to 9 p.m., Monday through Saturday,.and 10-a.m. to 8 p,m.- on -Sunday, provided the same may not exceed 80 decibels (as measured from the adjacent property line) for more than 3 hours from sunup to sundown. PART 3. Construction SECTION 4830. Construction of building and projects (a) It shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform .any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, steam shovel, pneumatic hammer,,-derrick,.steam or electric hoist or Other construction type device on a development requiring a city permit, in such a manner that noise is produced which would constitute a violation of Section 4804, unless beforehand authorization therefor has been duly obtained from the Building Inspector. Such activity shall be unlawful without a permit during all hours on Sunday. No permit shall be required to perform emergency work as defined in Part 1 of this Chapter. (b) Construction authorized by subsection, (a) above shall be limited to 7 a.m, to 7 p.m. ;PART 4. Vehicles SECTION 4840. Vehicle repairs It shall be unlawful for any person within any residential area of the city.to repair,.rebuild or test.any motor vehicle thereby ,producing noise which would constitute a violation of. Section 4804. SECTION 4841.., Motor; driven vehicles - It shall be unlawful for any person to operate any motor driven vehicle within the city in such a manner producing noise which would constitute.a violation of Section 4804. PART 5. Amplified sound SECTION 4850. _ ; Purpose The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound amplifying equipment for certain purposes is protected by the constitutional rights of freedom of,speech and assembly, the Council nevertheless feels-;obli.gated,to reasonably regulate the use of sound. amplifying equipment,in.,oroer to protect the „ correlative constitutional rights of the citizens of this community to privacy and, ffreedom;from, public _nuisance :pf.loud_ and unnecessary noise. Ordinance No. 297 SECTION 4851 Commercial use prohibited It shall be unlawful for any person to install, use; or operate within the city for commercial purposes, a loud speaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck. SECTION 4852.: Registration: Required It•shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate,within the city for noncommercial purposes $ loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses; lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park,,.place or public property without first filing a registration statement and obtaining approval thereof, as set forth in this article. SECTION 4853. Registration: Reguiitem6nts and duties (a) Registration statements: Filing. Every user of sound amplifying equipment for noncommercial purposes shall file a registration statement with the Chief of Police ten (10) days prior to the .date on which Lthe sound -amplifying equipment is intended to be used, which statement shall contain the following information: ,(1),.The name, address and telephone number of both the owner and user of the sound amplifying equipment; (2) The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibelsof sound which will beproducedand the approximate distance for which soundrwill.be audible €rom�the sound amplifying equipment; .:(3) The:license and motor -number if a sound truck is to be used; (4) A general description of the sound amplifying equipment which is to be used; and (5) The nature of the use of the sound amplifying equipment proposed to be used for noncommercial purposes. (b). Registration statement: Approval. The Chief of Police shall return to the applicant an approved certified copy of the registration statement unless he finds that: - (1) The conditions of the motor vehicle movement are such -that in the -opinion of_ -the Chief of Police, use of the equipment would constitute a detriment to traffic safety; or (2) The conditions of pedestrian movement are such that use.of.the equipment would constitute 'a detriment to traffic safety;.or (3) The registration statement required reveals that the applicant would violate the provisions set forth in Section 4850, or any other provisions of this Code. 12 Ordinance No. 297 (c) Disapproval. In the event the registration statement is disapproved, the Chief.of.Police shall endorse upon the statement his reasons for disapproval and return it forthwith to the applicant, (d) Revocation. Any violation of Section 4850. SECTION 4854 such permit may be revoked for Appeals Any person.aggrieved by disapproval of a registration statement may file an appeal to the City Council within ten (10) days of the date of disapproval. The City Council shall decide the appeal at its next meeting. SECTION 4855. Regulations (Non-commercial) The noncommercial use of sound amplifying equipment shall be subject to the following regulations.: (a) the only sound permitted shall be either music or human speech or both. (b) The operation of sound amplifying equipment shall only occur between the hours of 8 a.m. and 6 p.m. each day except on Sundays and legal holidays. The operation of sounds amplifying equipment on Sundays and legal holidays shall only occur between the hours of 10 a.m. and 6 p.m. (c) No.,sound emanating from sound amplifying equipment shall exceed fifteen (15) dB above the ambient as measured at any property line. (d)_ Notwithstanding the provisions of subsection (c) of this section, sound amplifying equipment shall not be operated within, 200,feetof churches, schools, or City or, County .buildings, except by Special Permit. (e) In any event,, the vblume,of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitiveness within the area of audibility. PART 6. Industry and race tracks SECTION 4860 Noise levels The noise. level from industrial plants., auto wreckers, junk yards, race tracks or other industrial user shallnot exceed.` the levles set forth in Section 4804, exceptasmay be specifically authorized by permit from the city. PART. 7. General noise regulations SECTION 4870. Excessive noise prohibited Notwithstanding,any other provision .of this Chapter, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood. 13 Ordinance No. 297 SECTION 4871. Standards The standards which -may be considered in determining whether a violation of the provisions of,this part exists shall include, but -not be limited to, the following: -,(a) The loudness of the noise; (b) The intensity of the noise; (c) Whether the nature of•the noise is usual or unusual; (d). Whether the origin of the noise is natural or unnatural; (e) The loudness and intensity of the backtround noise; if any; (f) The proximity of the noise to residential sleeping facilities; (g) The nature and zoning of the area within which the noise emanates;, (h) The density of the inhabitation of the area within which the noise emanates; (i) The time of the day or night the noise occurs; (j) The duration of the noise; (k) .Whether the noise is recurrent, intermittent, or continuous; and (1) Whether the noise is produced by.a commercial or residential activity. PART 8. Exclusions SECTION 4880. Exclusions The provisions of this Chapter shall not apply to: (a) Sound produced by motor vdv.cles as regulated sound limitation provisions of the C&Itfornia Vehicle Code when such vehicle is located or operated on any public street, right of way or highway. (b) Aircraft operated in conformity with federal law. (c) Public and private schools; organized activities including sports, carnivals, assemblies and other regular activities. -14. Ordinance No. 297 (d) Construction, operation,, maintenance and repairs of equipment, apparatus or facilities of park and Recreation De.partments,,_Public Works projects or essential public services and facilities, including those of Public Utilities subject to the regulatory jurisdiction of the California Public Utilities Commission. (e) Activities of the federal, state or local government. (f) Any noise continuing for less than 30 seconds at intervals greater than once in 3 hours. PASSED AND APPROVED AND ADOPTED this 8th day of January, 1976. 'Richard Chico, Mayor ATTEST Mar ret S. Barbosa, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as , CITY OF IRWINDALE ) I, Margaret S. Barbosa, City Clerk of the City of Irwindale, do hereby certify that the foregoing ordinance, botng Ordinance 297, was approved on first reading at a regular meeting of the City Council held on the 11th day of December, 1975, was duly passed, approved and..adopted by said Council, approved and signed by the Mayor and attested,by the City Clerk at a regular meeting of the said City Council held on the 8th day of January, 1976, by the following vote: AYES: COUNCILMEN:: Barbosa, Breceda, M. Miranda and Mayor Chico. NOES: COUNCILMEN: P. Miranda ABSENT: COUNCIWN : ,None t i Marg t S. Barbosa, City Clerk