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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.
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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.
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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.
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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.
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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.
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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