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HomeMy WebLinkAboutORD 245 1998 0805ORDINANCE NO. 245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING THE MUNICIPAL CODE BY ADDING CHAPTER 17.53 RELATIVE TO LIMITATIONS ON NOISE LEVELS AND THE STANDARDS CONTROLLING NOISE Whereas, on January 12, 1998, the Planning Commission adopted Resolution No. PC -98 -349 recommending to the City Council the adoption of a Noise Ordinance to establish definitions, limits on the decibel level and enforcement procedures to deal with unacceptable levels of noise within the City of Moorpark as part of the implementation of the Noise Element; and Whereas, the Planning Commission on a duly noticed hearing to receive te; recommended the City Council make the attached Exhibit "A" to the City's provisions concerning Noise limitations, procedures; and January 12, 1998 conducted timony in the matter and changes described in the Zoning Ordinance to add standards and enforcement Whereas, the City Council opened and closed the public hearing on March 4, 1998; and Whereas, the City Council determined that the addition to the City's Zoning Ordinance is Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3) in that the proposed amendment to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. Now, therefore, the City Council of the City of Moorpark, California, does ordain as follows: Section 1. That the modification to the City's Zoning Ordinance is Exempt from the provisions of the California Environmental Quality Act under CEQA Guidelines Section 15061 (b) (3) since the update to the Noise Element does not have the potential for causing a significant effect on the environment. Section 2. That Chapter 17.53 is hereby added to the Moorpark Municipal Code relating to noise and provisions for its control as found in "Exhibit A" attached. Section 3. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent Ordinance No. 245 Page 2 jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, irrespective of the fact that any one or more of these sections may be declared invalid or unconstitutional; and Section 4. This Ordinance shall become effective thirty (30) days after the passage and adoption; and Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a daily newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED, APPROVE AND ADOPTED this 5th day of August, 1998. Attest: Deborah S. Tra fe tedt City Clerk A I-PLN! 13 AU r. Ordinance No. 245 Page 3 EXHIBIT A Chapter 17.53 Noise Ordinance Sections: 17.53.010 Purpose and Intent 17.53.020 Definitions 17.53.030 Duties 17.53.040 Discretionary Actions 17.53.050 Disturbing Noises Prohibited 17.53.060 Noise Measurement Procedure 17.53.070 Prohibited Acts 17.53.080 Exterior Noise Limits - Sound Levels by Receiving Land Use Districts 17.53.090 Interior noise Limits 17.53.100 Exemptions 17.53.110 Enforcement 17.53.010 Purpose and Intent The purpose and intent of this Chapter are to establish criteria and procedures to implement the Noise Element and to maintain quiet in those areas which exhibit low noise levels and to help control noise in those areas within the City of Moorpark where noise levels are above acceptable values. 17.53.020 Definitions All terminology used in this Chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. "A- WEIGHTED SOUND LEVEL" means the sound level in decibels as measured on a sound level meter using the A- weighting network. The level read is designated dB(A) or dB. "AMBIENT NOISE LEVEL" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. Ordinance No. 245 Page 4 "CONSTRUCTION" means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights -of -way, structures, utilities or similar property. "CUMULATIVE PERIOD" means a period of time composed of individual time segments which may be continuous or interrupted. "DECIBEL" means a unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. "DEMOLITION" means any dismantling, intentional destruction or removal of structures, utilities, public or private right -of- way surfaces, or similar property. "EMERGENCY WORK" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. "FIXED NOISE SOURCE" means a stationary device which creates sounds while fixed or motionless, including but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment. "IMPULSIVE SOUND" means a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms. "INTRUSIVE NOISE" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence and tonal or informational content as well as the prevailing ambient noise level. "PERMIT" means the possession of a permit issued by the City of Moorpark; or, where no permits are issued, the sanctioning of the activity by the jurisdiction as noted in a public record. "MOBILE NOISE SOURCE" means any noise source other than a fixed noise source. Ordinance No. 245 Page 5 "MOTOR VEHICLE" means a motor vehicle which shall include any and all self - propelled vehicles as defined in the California Motor Vehicle Code, including all on- highway type motor vehicles subject to registration under said Code, and all off - highway type motor vehicles subject to identification under said Code. "MUFFLER OR SOUND DISSIPATIVE DEVICE" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. "NOISE CONTROL OFFICE(R) (NCO)" refers to the Director of Community Development or his /her designee. "NOISE DISTURBANCE" means any sound which, as judged by the Director of Community Development, (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in this ordinance. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance. "NOISE SENSITIVE LAND USE" means any land use (i.e: residential development) or designated geographic area (i.e. hospital complex) where "intrusive noise" is incompatible with the conduct of the noise sensitive uses or constitutes a "noise disturbance" for residents or workers. "POWERED MODEL VEHICLE" means any self - propelled waterborne, airborne, or landborne, plane, vessel, or vehicle, which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket. "PUBLIC RIGHT -OF -WAY" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. "PUBLIC SPACE" means any real property or structures thereon which are owned or controlled by a governmental entity. "PURE TONE" means any sound which can be judged as audible as a single pitch or a set of single pitches by the Director of Community Development. For the purposes of this ordinance, a pure tone shall exist if the one -third octave band sound pressure level in the band width where the tone exceeds the Ordinance No. 245 Page 6 arithmetic average of the sound pressure levels of the two contiguous one -third octave bands by 5 dB(A) for center frequencies of 500 Hz and above and by 8 dB(A) for center frequencies between 160 and 400 Hz and by 15 dB(A) for center frequencies less than or equal to 125 Hz. "PROPERTY LINE" means boundary line between two or more adjacent legal lots as defined in the City of Moorpark Municipal code. "SOUND AMPLIFYING EQUIPMENT" means any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. "SOUND LEVEL METER" means an instrument, including but not limited to, a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, or the most recent revision thereof. "SOUND TRUCK" means any motor vehicle, or any other vehicle, regardless of motor power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. "WEEKDAY" means any day, Monday through Friday, which is not a legal holiday observed by the City of Moorpark. 17.53.030 Duties of Director of Community Development as Noise Control Officer A. Lead Official. The noise control program established by this Chapter shall be administered by the Director of Community Development or his /her designee. ordinance No. 245 Page 7 B. Powers. In order to implement and enforce this ordinance and for the purpose of noise abatement and control, the Director of Community Development shall have, in addition to any other authority, the power to: 1. Conduct, or cause to be conducted, studies, research, and monitoring related to noise, including joint cooperative investigation with public or private agencies. 2. Conduct programs of public education regarding: a. The cause and effects of noise and methods of abatement and control of noise; and b. The actions prohibited by this Chapter and the procedures for reporting violations; and C. Encourage the participation of public interest groups in related public information efforts. 3. Develop measurement standards and procedures which will further the purposes of this Chapter. 4. Develop administrative procedures which will provide for effective enforcement of this Chapter. 5. Investigate and pursue possible violations based upon the provisions in this Chapter. 6. Delegate functions, where appropriate under this Chapter, to personnel under the Director of Community Development and to other departments as may be determined by the City Manager, subject to the approval of the City Council. 17.53.040 Discretionary Actions A. Prior to the approval of any discretionary permit which may authorize development of a noise sensitive land use or a land use that may generate noise beyond the maximum acceptable levels contained herein, the Planning Commission or the City Council as the decision making body shall: 1. Review the noise impact of the discretionary permit ordinance No. 245 Page 8 by identifying existing and projected noise generators and the associated sound levels. 2. Require the use of adequate control measures on noise generators identified through the discretionary permit process which will be in violation of any provision of this Chapter. 17.53.050 Disturbing Noises Prohibited A. Not withstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. B. The standards which shall be considered in determining whether a violation of the provisions of this Section exists shall include, but not be limited to, the following: 1. The sound level of the objectionable noise. 2. The sound level of the ambient noise. 3. The proximity of the noise to residential sleeping facilities. 4. The nature and zoning of the area within which the noise emanates. 5. The number of persons affected by the noise source. 6. The time of day or night the noise occurs. 7. The duration of the noise and its tonal, informational or musical content. 8. Whether the noise is continuous, recurrent, or intermittent. 9. Whether the noise is produced by a commercial or non - commercial activity. Ordinance No. 245 Page 9 17.53.060 Noise Measurement Procedure Upon receipt of a complaint from a citizen, the Director of Community Development or his /her designee, equipped with sound level measurement equipment, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem and shall include the following: A. Type of noise source. B. Location of noise source relative to complainants' property. C. Time period during which noise source is considered by complainant to be intrusive. D. Total duration of noise produced by noise source. E. Date and time of noise measurement survey. F. Utilizing the "A" Weighted scale of the sound level meter and the "slow" meter response (use "fast" response for " impulsive sounds "), the noise level shall be measured at a location or locations at any point on the receiver's property. The microphone shall be located four to five feet above the ground and ten feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter criteria shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data. Ordinance No. 245 Page 10 17.53.070 Prohibited Acts A. General. No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. Not withstanding any other provision of this Chapter, and in addition thereto, the following acts, and the causing or permitting thereof, are declared to be in violation of this Chapter: 1. Operating, playing or permitting the operation or playing of any radio, television set, stereo or digital equipment, drum, musical instrument, or similar device which produces or reproduces sound: a. Between the hours of 10 p.m. and 7 a.m. any day of the week in such a manner as to create a noise disturbance across a residential or commercial property line or at anytime to violate the provisions of Section 17.53.050, except for activities for which a Temporary Use Permit or Conditional Use Permit has been issued by the City. b. In such a manner as to exceed the levels set forth for public space in Table 4, measured at a distance of at least 50 feet (15 meters) from such device operating on a public right -of -way or public space. 2. Operating for any purpose or permitting the operation of any loudspeaker, loudspeaker system, or similar device between the hours of 10 p.m. and 7 a.m. any day of the week, such that the sound there creates a noise disturbance across a residential property line, or at any time violates the provisions of Section 17.53.050, except for any activity for which a Temporary Use Permit or Conditional Use Permit has been issued by the City. 3. Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area of the City, except by Temporary Use Permit or Conditional Use Permit issued by the City. 4. Owning, possessing or harboring any animal or bird Ordinance No. 245 Page 11 which frequently or for long duration, howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial property line. 5. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10 p.m. and 7 a.m. any day of the week in such a manner as to cause a noise disturbance across a residential property line or at anytime to violate the provisions of Section 17.53.050. 6. Operating or permitting the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work so as to violate the provisions of Table 1 or Table 2 or Table 2A between weekday (Saturdays and legal holidays observed by the City of Moorpark included) hours of 7 p.m. and 7 a.m., or at any time on Sundays, such that the sound there from creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities, government agencies, or by Temporary Use Permit issued by the City. (This section shall not apply to the use of domestic power tools or machinery). 7. Operating or permitting the operation of any mobile or stationary internal combustion engine powered equipment or machinery that is not equipped with suitable exhaust and air intake silencers in proper working order. B. Operating or permitting the operation of powered model vehicles: a. Between the hours of 7 p.m. and 7 a.m. so as to create a noise disturbance across a residential or commercial property line or at any time to violate the provisions of this Article. b. In such a manner as to exceed the levels set forth for public space land use in Table 4, measured at a distance not less than 100 feet Ordinance No. 245 Page 12 (30 meters) from any point on the path of a vehicle operating on public space or public right -of -way. 9. Sounding or permitting the sounding of any electronically - amplified signal from any stationary bell, chime, siren, whistle, or similar device, intended primarily for non - emergency purposes, from any place, for more than 10 seconds in any hourly period; provided however: a. Houses of religious worship that utilize an electronically amplified or non - amplified signal from a bell, chime, carillon or similar device that may signal the commencement or completion of worship services shall be exempt from this provision. b. Sound sources covered by this provision and not exempted under any other subsection may be exempted by a Temporary Use Permit or Conditional Use Permit issued by the City. 10. The intentional sounding or permitting the sounding out doors of any fire or burglar alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing between the hours of 7 :00 p.m. and 7 :00 a.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed 60 seconds. 11. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, unless such alarm is terminated within 15 minutes of activation. 12. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 10 p.m. and 7 a.m., so as to create a noise disturbance across a residential or commercial property line. 13. Operating or permitting the operation of any motor, machinery, or pump, such as swimming pool equipment, that is not sufficiently enclosed or Ordinance No. 245 Page 13 muffled and maintained disturbance or so as provisions of Table 2. so as not to create a noise at any time to violate the 14. Operating or permitting the operation of any air - conditioning or air - handling equipment In such a manner as to exceed any of the sound levels listed In Table 3. 15. Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound in any place of public entertainment that exceeds 95 dB(A) as read on the slow response of a Sound Level Meter at any point normally occupied by a customer, without a conspicuous and legible sign stating: "Warning Sound Levels Within May Cause Hearing Impairment." Sable 1 Residential Properties - Mobile Lquipsrnt. Maximiss noise levels for non scheduled, Intermittent, short -term operation (loss than 10 days) of mobile equipment: Table I Areas Type II Areas Multi- Family Single Family Residential Residential Daily, except 75 dB(A) 80 dB(A) Sundays and Legal Holidays 7 a.m. to 7 p.m. Daily, 7 p.m. to 7 a.m. 60 dB(A) E5 dB(A) end all day Sunday and Legal Holidays Ordinance No. 245 Page 14 Table 2A Business Properties Maximum noise levels for non - scheduled, short -term operation of mobile equipment: Daily, including Sundays and Legal Holidays observed by the City of Moorpark, all hours: maximum of 75 dB(A). Stationary Ecuroment Maximum noise levels for repetitively scheduled and relatively long -term operation of stationary equipment: Daily, all hours: maximum of 65 dB(A). Table 3 Table 2 Air conditioning or air handling equipmnt operating within Residential Properties - Stationary Igtiipment. Haximim noise levels for repetitively • cheduled and relatively long -term operation (periods of 10 days or more) of • tationary equipment: 1 -1 -80 dB(A) after Type I Areas Any point on neighboring property Type II Areas 55 line, 5 feet above grade level, Single Family Multi - Family Residential Residential Daily, except Sundays and 55 75 d8(A) feet above grade level, no closer 80 dB(A) Legal Holidays than 3 feet from any wall. Outside the neighboring living 7 a.m. to 7 p.m. 50 area window nearest the equipment Table 2A Business Properties Maximum noise levels for non - scheduled, short -term operation of mobile equipment: Daily, including Sundays and Legal Holidays observed by the City of Moorpark, all hours: maximum of 75 dB(A). Stationary Ecuroment Maximum noise levels for repetitively scheduled and relatively long -term operation of stationary equipment: Daily, all hours: maximum of 65 dB(A). Table 3 Residential Air Conditioning or Air Handling Zauicment Air conditioning or air handling equipmnt operating within and residential area may not exceed the following aouad levels: Measurement Location: Units Installed Before Units Installed on or 1 -1 -80 dB(A) after 1 -1 -80 dB(A) Any point on neighboring property 60 55 line, 5 feet above grade level, no closer than 3 feet from any wall. Center of neighboring patio, 5 55 50 feet above grade level, no closer than 3 feet from any wall. Outside the neighboring living 55 50 area window nearest the equipment location, not more than 3 feet from the window opening, but at least 3 feet from any other surface. Ordinance No. 245 Page 15 17.53.080 Exterior Noise Limits - Sound levels by receiving land use districts. A. The noise limits for the various categories of land use identified in Table 4 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. B. No person shall operate or cause to be operated, any source of sound at any location within the City or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed: 1. The noise standard for that land use as specified in Table 4 for a cumulative period of more than 30 minutes in any hour; or 2. The noise standard for that land use as specified in Table 4 plus 5 dB for a cumulative period of more than fifteen minutes in any hour; or 3. The noise standard for that land use as specified in Table 4 plus 10 dB for a cumulative period of more than five minutes in any hour; or 4. The noise standard for that land use as specified in Table 4 plus 15 dB for a cumulative period of more than one (1) minute in any hour; or 5. The noise standard for that land use as specified in Table 4 plus 20 dB or the maximum measured ambient level, for any period of time. 6. If the measured ambient level differs from that permissible within any of the first four noise limit categories above, the noise limit for that land use, as specified in Table 4, shall be adjusted in 5 dB increments in each category as appropriate to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level. Ordinance No. 245 Page 16 C. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus 5 dB(A) shall apply. D. If possible, the ambient noise shall be measured at the same location along the property line with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise must be estimated by performing a measurement in the same area of the source but at a sufficient distance such that the noise from the source is at least 10 dB(A) below the ambient in order that only the ambient noise level be measured. If the difference between the ambient noise level and the noise source is 5 to 10 dB(A), then the level of the ambient noise itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source. E. In the event the alleged offensive noise, as judged by the Director of Community Development contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 4 shall be reduced by 5 dB (A) . Table Lxterior Noise Limits Type of Land Use Time Interval Allowable Lxterior Single and Multi - family Residential /Rural and Agricultural Zones 10 P.M. - 7 a.m. 7 a.m. - 10 p.m. 55 60 Commercial Office/ Neighborhood 10 P.M. - 7 a.m. 7 a.m. - 10 P.M. 55 60 General Commercial/ Planned Development 10 p.m. - 7 a.m. 7 a.m. - 10 p.m. 60 65 Industrial Park Anytime 65 Limited Industrial Anytime 10 Public Space All Day 70 Ordinance No. 245 Page 17 17.53.090 - Interior Noise Limits A. The interior noise standards as presented in Table 5 shall apply, unless otherwise specifically indicated, within all dwellings units with windows in their normal seasonal configuration. B. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed: 1. The noise standard as specified in Table 5 for a cumulative period of more than five minutes in any hour; or 2. The noise standard as specified in Table 5 plus 5 dB(A) for a cumulative period of more than one minute in any hour; or C. the noise standard plus 10 dB(A) or the maximum measured ambient, for any period of time. 3. The noise standard as specified in Table 5 plus lOdB or the maximum measured ambient, for any period of time. C. If the measured ambient level differs from that permissible within any of the noise limit categories above, the noise limits as specified in Table 5 shall be decreased in 5 dB(A) increments in each category to reflect said ambient noise level. D. In the event the alleged offensive noise, as judged by the Director of Community Development, contains a steady, audible tone such as a whine, screech, or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 5 shall be reduced by 5 dB. Ordinance No. 245 Page 18 Table 5 Interior Noise Limits Type of Land Use Time Interval Allowable Interior Noise Level dB(A) Single and btlti- family 7 a.m. - 10 p.m. 45/55 (windows open) Residential 17.53.100 - Exemptions - The provisions of this ordinance shall not apply to: A. The emission of sound for the purpose of alerting persons to the existence of an emergency. B. The emission of sound in the performance of emergency work. C. Warning devices: Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns. D. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided said events are conducted pursuant to a permit issued by the City relative to the staging of said events. E. Construction /Demolition; repair, remodeling or grading of real property, provided the activities occur between the hours of 7 :00 a.m. To 7 :00 p.m. weekdays including Saturday. F. Stationary non - emergency signaling devices; G. Domestic power tools, machinery. 17.53.110 - Enforcement - The Community Development Director shall have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this chapter shall prevent the Community Development Director from obtaining voluntary compliance by way of warning, notice or education. Ordinance No. 245 Page 19 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 245 was adopted by the City Council of the City of Moorpark at a meeting held on the 5" day of August 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Teasley, and Wozniak NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 17th day of August, 1998. Deborah S. TraffeJ61dtedt, City Clerk (seal)