HomeMy WebLinkAboutAGENDA REPORT 1985 0506 CC REG ITEM 10IALBERT PRIETO
Mayor
JAMES D. WEAK
Mayor Pro Tern
THOMAS C. FERGUSON
Councilmember
DANNY A. WOOLARD
Councilmember
LETA YANCY - SUTTON
Councilmember
DORIS D. BANKUS
City Clerk
JOHN C. GEDNEY
City Treasurer
MOORPARK
M E M O R A N D U M
TO: The Honorable City Council
FROM: Niall 4 Fz, Director of Community Development
DATE: May 1, 1985
SUBJECT: Noise Ordinances
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
NIALL FRITZ
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
Your Council requested that staff review the noise ordinances distributed
to you during February. These are the noise ordinances for the cities
of Inglewood and E1 Segundo. While not limited in scope, both ordinances
appear to deal in large part with airport- related noise. Our review of
this subject indicates that many cities adopt a noise ordinance in an
attempt to deal with a specific noise problem, such as an airport or
freeway. Also, many jurisdictions do not have any ordinance specifically
regulating noise.
The major sources of noise in the City of Moorpark would be transportation
related noise from Southern Pacific Railroad and along State highways.
This issue is being dealt with on new developments on a case -by -case
basis through the permit process. Regarding neighborhood or nuisance
noise sources, the City Municipal Code presently regulates noise in
residential areas resulting from the operation of motor vehicles
(Section 12.01.570). Also, the State Penal Code provides that malicious
or wilful disturbance of a person by noise is a misdemeanor (Section
415.2). This section can presently be used by the Sheriff's Department
in abating such typical nieghborhood noise nuisance complaints as
operation of lawnmowers or loud parties. However, Lt. Wells has indicated
that enforcement under this provision requires documentation of a
re- occurring violation and can prove difficult.
In considering further noise regulations for the City, there are
several options. The first is that an ordinance could be prepared in
conjunction with or following the adoption of a Noise Element. A second
option would be for the Municipal Code to be amended at this time to
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
Page 2
May 1, 1985
provide for restriction of noisy activities in residential areas
during certain hours. With such provisions, noise would be dealt
with as a nuisance and abated as such.
At the present time, the City has received no noise complaints other
than trash collection, which your Council has already regulated.
Under this circumstance, it may be more appropriate to pursue option
No. 1 and deal with this issue as part of the preparation of a Noise
Element.
NF: ddb