HomeMy WebLinkAboutAGENDA REPORT 1985 0304 CC REG ITEM 11FALBERT 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
M E M O R A N D U M
TO: The Honorable City Council
FROM: Steven Kueny, City Manager`
MOORPARK
DATE: February 28, 1985
SUBJECT: Noise Ordinance
JJ -F
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
At your meeting of February 19, you requested information regarding
a noise ordinance for the City of Moorpark. Our investigation
discloses that we have no such ordinance and that the County of
Ventura, as well, does not have such an ordinance.
The County does address the matter of noise in its Zoning Code
(which the City of Moorpark adopted), in Section 8141 -6.7, which
provides for the regulation of objectionable noise levels for industrial
development.
A Noise Element will be prepared during this year and a noise ordinance
is traditionally a follow -up to the element.
Councilmember Weak has secured a copy of the noise ordinance of the
cities of Inglewood and El Segundo, and we have attached copies for
your review. It should be noted that portions of both of these
ordinances have been developed because of the proximity of those
cities to L.A.Airport.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
5 -24 INGLEWOOD MUNICIPAL CODE
Article 2. NOISE REGULATIONS.
Section 5 -24. Declaration of Policy.
It is hereby declared to be the policy of the City to prohibit
unnecessary, excessive, and annoying noises from all sources subject to its
police power. At certain levels noises are detrimental to the health and
welfare of the citizenry and in the public interest shall be systematically
proscribed.
Ord. 2042 11-6-70
Section 5 -25. Definitions.
As used in this chapter, unless the context otherwise clearly indicates,
the words and phrases used in this chapter are defined as follows:
(a) "A " Band Level "A" band level shall mean the total sound level
of all noise as measured with a sound level meter using the "A"
weighting network. The unit is the dbA.
(b) Ambient Noise. "Ambient noise" shall mean the all -encompassing
noise associated with a given environment, usually being a
composite of sounds with many sources near and far.
(c) Band Pressure Level. "Band pressure level" of a sound for a
specified frequency band shall mean the sound pressure level for
the sound contained within the restricted band.
(d) Cycle. "Cycle" shall mean the complete sequence of values of a
periodic quantity which occurs during a period.
(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) Emergence 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, health or safety.
(g) Frequent►-. "Frequency" of a function periodic in time shall mean
the reciprocal of the primitive period. The unit is the cycle per
unit time and shall be specified.
(h) Microbar. "Microbar" shall mean a unit of pressure commonly
used in acoustics and is equal to one dyne per square centimeter.
(i) Period. "Period" of a periodic quantity shall mean the smallest
increment of time for which the function repeats itself.
190.1
OFFENSES, MISCELLANEOUS 5 -25
{j) Perio&c Quantity. "Periodic Quantity" shall mean oscillating
quantity, the values of which recur for equal increments of time.
(k) Person. "Person" shall mean a person, firm, association,
copartnership, joint venture, corporation, or any entity, public or
private in nature.
(1) Sound Analyzer. "Sound analyzer" shall mean a device for
measuring the band pressure level or pressure spectrum level of a
sound as a function of frequency.
(m) Sound-Level Aleter. "Sound -level meter" shall mean an
instrument including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of
noise and sound levels in a specified manner.
(n) Sound Pressure Level. "Sound pressure level" in decibels, of a
sound shall mean twenty (20) times the logarithm to the base 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.
(o) Spectrum. "Spectrum" of a function of time shall mean a
description of its resolution into components, each of a different
frequency.
(p) Motor Vehicles. "Motor vehicles" shall include, but not be limted
to, mini -bikes and go- carts.
(q) ,.sound Arnpli4ii g Equ/pMent. "Sound anipiifying equipment."
shall mean any machine or device for the amplification of the
human voice, nnisic, or any other Sound. "Sound aniplifyim
equipment" shall not include standard automobile radios when
used and heard only by the occupants of the vehicle in which the
automobile radio is installed. "Sound amphyfing 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.
(r) Sound Truck. "Sound truck" shall mean any motor vehicle, or
any other vehicle regardless of motive power, whether in motion
or stationary, having mounted thereon, or attached thereto, any
sound amplifying equipment.
(s) 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 goods, 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,
191
5 -26 INGLEWOOD MUNICIPAL CODE
show, entertainment, exhibition, or event, or for the purpose of
demonstrating any such sound equipment.
(t) 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 mean and include, but shall not be
limited to, philanthropic, political, patriotic, and charitable
purposes.
Section 5 -26. Decibel Measurement Criteria.
Any decibel measurement made pursuant to the provisions of this
chapter shall be based on a reference sound pressure of 0.0002 microbars as
measured in any octave band with center frequency, in cycles per second as
follows: 63; 125; 250; 500; 1,000; 2,000; 4,000; and 8,000 or as measured with a
sound level meter using the "A" weighting.
Section 5 -27. Ambient. Noise Base Level.
All ambient noise measurements shall commence at the decibel levels
at respective times and zones as follows:
Decibels
Time
Zone
45 dbA
nighttime
residential
55 dbA
daytime
residential
65 dbA
anytime
commercial
70 dbA
anytime
all other zones
Decibel measurements exceeding the above levels at the times and
within the zones corresponding thereto shall be employed as the "ambient
noise level" referred to in this chapter. Accordingly, and by way of
illustration, no ambient noise in a manufacturing zone shall be deemed to
be less than 70 dbA at any time.
Section 5 -28. Radios, Television Sets and Similar Devices.
(a) Use restricted. It shall be unlawful for any person within any 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 or amplifying of sound
(between the hours of 10:00 p.m. of one day and 7:00 a.m. of the
following day) in such a manner as to disturb the peace, quiet, and
comfort of neighboring residents or any reasonable person of
normal sensitiveness residing in the area.
192
OFFENSES, MISCELLANEOUS § 5 -32
(b) Prima facie violation. Any noise exceeding the ambient noise level
at the property line of any property (or, if a condominium or
apartment house, within any adjoining apartment) by more than
five (5) decibels shall be deemed to be prima facie evidence of a
violation of the provisions of this section.
Section 5 -29. Hawkers and Peddlers.
It shall be unlawful for any person within the City to sell anything by
public outcry within any area of the City zoned for residential uses. The
provisions of this section shall not be construed to prohibit the selling by
outcry of merchandise, food, and beverages at licensed sporting events,
parades, fairs, circuses, and other similar licensed public entertainment
events.
Section 5 -30. Drums.
(a) Use restricted. It shall be unlawful for any person to use any
drum or other percussion or musical instrument or device of any
kind for the purpose of attracting attention by the creation of
noise within the City. This section shall not apply to any person
who is a participant in a school band or duly licensed parade or
who has been otherwise duly authorized to engage in such
conduct.
Section 5 -31. Schools, Ilospitals and Churches.
It, sliall be 1-1111iMfUl fOr atly person to create any noise on any st.red..
sidewalk, or public place adjacent to any school, institution of learning or
church while the same is in use or adjacent to any hospital, which noise
unreasonably interferes with the workings of such institution or which
disturbs or unduly annoys patients in the hospital, provided conspicuous
signs are displayed in such streets, sidewalk or public place indicating the
presence of a school, church, or hospital.
Section 5 -32. 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 behavioral
noise, shall cause annoyance or discomfort to a reasonable person of normal
sensitiveness in any residential neighborhood.
193
5 -33 INGLEWOOD MUNICIPAL CODE
Section 5 -33. Machinery, Equipment, Fans, and Air -
conditioning
It shall be unlawful for any person to operate, cause to operate or
permit to operate any machinery, equipment, device, pump, fan,
compressor, air - conditioning apparatus, or similar mechanical device in any
manner so as to create any noise which would cause the noise level at the
property line of any property to exceed the ambient noise level by more than
five (5) decibels based on a reference sound pressure of 0.0002 microbars as
measured in any octave band with center frequency, in cycles per second, as
follows: 63; 125; 500; 1,000; 2,000; 4,000; and 8,000; or for the combined
frequency bands, "(A)" band.
Section 5 -34. Construction of Buildings and Projects.
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 (between the hours of
10:00 p.m. of one day and 7:00 a.m. of the next day) in such a manner that a
reasonable person of normal sensitiveness residing in the area is caused
discomfort or annoyance unless beforehand a permit therefor has been duly
obtained from the Permits and Licenses Committee of the City. No permit
shall be required to perform emergency work as defined in Part 1 of this
chapter.
Section 5 -35. Vehicle Repairs.
It shall be unlawful for any person within any residential area of the
City to repair, rebuild, or test any motor vehicle (between the hours of 7:00
p.m. of one day and 8:00 a.m. of the next day) in such a manner that a
reasonable person of normal sensitiveness residing in that area is caused
discomfort or annoyance.
Section 5 -36. Motor Driven Vehicles.
It shall be unlawful for any person to operate any motor driven vehicle
within the City in such a manner that a reasonable person of normal
sensitiveness residing in the area is caused discomfort or annoyance;
provided, however, any such vehicle which is operated upon any public
highway, street or right-of-way shall be excluded from the provisions of this
section.
194
Offenses, Miscellaneous § 5 -39
Section 5.37. Amplified Sound. 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 is protected by the constitutional rights of
freedom of speech and assembly, the Council nevertheless feels
obligated to reasonably regulate the use of sound amplifying
equipment in order to protect the correlative constitutional rights
of the citizens of this community to privacy and freedom from
public nuisance of loud and unecessary noise.
Section 5 -38. Amplified Sound. Registration.
It shall be unlawful for any person, other than personnel of
law enforcement or government agencies, to install, use, or operate
within the City a 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, or public
property without first filing a registration statement and obtain -
ing approval thereof as set forth in this Article.
Section 5 -39. Registration. Requirements and Duties.
(a) Registration statements: Filing.
Every user of sound amplifying equipment shall file a
registration statement with the Permits and Licenses
Committee of the City at least five (5) working days
prior to the date on which the sound amplifying equip-
ment is intended to be used, which statement shall con-
tain the following information:
( l ) The name, address and telephone number of both
the owner and user of the sound amplifying equip-
ment;
(2) The maximum sound producing power of the
sound amplifying equipment shall include the watt-
age to be used, the volume in decibels of sound
which will be produced, and the approximate dis-
tance for which sound will be audible from the
sound amplifying equipment;
(3) The license number if a sound truck is to be used;
(4) A general description of the sound amplifying
equipment which is to be used; and
195 Revised May, 1984
§ 5 -40 Inglewood Municipal Code
(5) Whether the sound amplifying equipment will be
used for commercial or noncommercial purposes.
(b) Registil-±ion Statements: Approval.
The Permits and Licenses Committee shall return to the
applicant an approved certified copy of the registration
statement unless it finds that:
( l) The conditions of the motor vehicle movement are
such that the use of the equipment would con-
stitute a detriment to traffic safety; or
(2) The conditions of pedestrian movement are such
that use of the equipment would constitute an un-
reasonable interference with traffic; or
(3) The registration statement required reveals that the
applicant would violate the provisions set forth in
this chapter or any other provision of this Code.
(c) Disapproval.
In the event the registration statement is disapproved,
the Permits and Licenses Committee shall endorse upon
the statement its reasons for disapproval and return it
forthwith to applicant.
Section 5-40. Appeals.
Any person aggrieved by disapproval of a registration state-
ment may appeal to the City Council by filing a written notifica-
tion thereof with the City Clerk within ten (10) days from the
date the said statement is mailed or given to applicant. The City
Council shall consider said appeal within the time and in the
manner as provided for appeals from actions of the Permits and
Licenses Committee generally.
Section 5 -41. Fees.
Prior to the issuance of the registration statement, a fee in
the amount of $ 25.00 per day, or any portion thereof, shall be
paid to the City, if the loudspeaker or sound amplifying equip-
ment is to be used for commercial purposes. No fee shall be
required for the operation of a loudspeaker or sound amplifying
equipment for noncommercial purposes.
Ord. 2453 9 -20 -83
Revised May, 1984 196
Offenses, Miscellaneous § 5 -42
Section 542. Regulations.
The commercial and noncommercial use of sound amplifying
equipment shall be subject to the following regulations:
(a) The only sounds permitted shall be either music or
human speech, or both.
196.1 Revised January, 1984
OFFENSES, MISCELLANEOUS § 5 -45
(b) The operation of sound amplifying equipment shall only occur
between the hours of 8:00 a.m. and 10:00 p.m. each day. No
operation of sound amplifying equipment for commercial purposes
shall be permitted on Sundays or legal holidays.
(c) No sound emanating from sound amplifying equipment shall
exceed fifteen (15) dbA 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 feet
of churches, schools and hospitals.
(e) In any event, the volume of sound shall be so controlled that it
will not be unreasonably loud, raucous, jarring, disturbing, or a
nuisance to persons of normal sensitiveness within the area of
audibility.
Section 5 -43. Excessive Sound Prohibited. Train Horn.
It shall be unlawful for any person to operate or sound, or cause to be
operated or sounded (between the hours of 10:00 p.m. of one day and 7:00
a.m. of the next day) a train horn or train whistle which creates a noise in
excess of ninety (90) dbA at any place or point 300 feet or more distant from
the sotirce of such sound.
Section 5 -44. Excessive Sound Prohibited. Aircraft.
It shall be unlawful for any person to operate or cause to be operated
any type of aircraft over the City which produces noise levels exceeding 90
dbA within the City.
Section 5 -45. Noise. Aircraft. Exception.
Any aircraft operated in conformity with, or pursuant to, federal law,
federal air regulations, and air traffic control instruction used pursuant to
and within the duly adopted federal air regulations shall be exempt from
the provisions of Section 5 -44 as well as the other regulations of this
ordinance. Any aircraft operating under technical difficulties, in any kind
of distress, under emergency orders of air traffic control or being operated
pursuant to and subsequent to the declaration of an emergency under
federal air regulations shall also be exempt from the provisions of Section
5 -44 as well as the other regulations of this ordinance.
197
§ 5 -46 INGLEWOOD MUNICIPAL CODE
Section 5 -46. Noises. Jet Engine Testing.
It shall be unlawful for any person to operate, run up or test or cause
to be operated, run up or tested an aircraft jet engine which creates a noise
level of 50 dbA or more at any place within an inhabited residential zone of
the City of Inglewood between the hours of 10:00 p.m. of one day and 7:00
a.m. of the next day.
Section 5 -47. Noises. Jet Engine Testing. Exception.
Any jet engine operating within an aircraft; during a landing, take off
or while moving upon the ground surface of an airport shall be exempt
from the provisions of Section 5 -46 of this Chapter.
Section 5 -48. Intent of Regulation.
The intent of Section 5 -46 is to regulate the noise levels produced in the
testing, maintenance and repairing of jet engines and jet aircraft in the
nighttime hours to the extent such levels exceed 50 dbA within any
inhabited area of the City of Inglewood.
Section 5 -49. General Noise Regulation.27
Notwithstanding any other provision of this chapter, and in addition
thereto, it shall be unlawful for any person to wilfully 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 or which causes
discomfort or annoyance to any reasonable person of normal sensitiveness
residing in the area.
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:
(a) The volume 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 volume and intensity of the background 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;
198
OFFENSES, MISCELLANEOUS § 5 -53
(j) The duration of the noise;
(k) Whether the noise is recurrent, intermittent, or constant; and
(1) Whether the noise is produced by a commercial or noncommercial
activity.
Section 5 -50. Owner of Property. Offense.
It shall be unlawful for any person in ownership or control of premises
to knowingly permit a violation of Section 5 -49.
Section 5 -51. Violations. Misdemeanors.
Any person violating any of the provisions of this chapter shall be
deemed guilty of a misdemeanor and upon conviction thereof, shall be fined
in an amount not exceeding Five Hundred and No /100ths Dollars ($500.00)
or be imprisoned in the City or 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 5 -52. Violations. Additional Remedies: Injunctions.
As an additional remedy, the operation or maintenance of any device,
instrument, vehicle, or machinery in violation of any provision of this
chapter, which operation or maintenance causes discomfort or annoyance to
reasonable persons of normal sensitiveness or which endangers the comfort,
repose, health, or peace of residents in the area, 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, ju►,isdlctlon.
Section 5 -53. Manner of Enforcement.
Violations of this ordinance shall be prosecuted in the same manner as
other misdemeanor violations of the City's code, provided, however, that in
the event of violation of Sections 5 -32 and 5-33 of this chapter, a written
notice of intention to prosecute will be given the alleged violator not less
than five calendar days prior to the issuance of a misdemeanor complaint.
No complaint shall be issued in the event the cause of the violation is
removed, the condition abated or fully corrected within such five day period.
In the event the alleged violator cannot be located in order to serve the
notice of intention to prosecute, the notice as required herein shall be
deemed to be given upon mailing such notice by registered or certified mail
to the alleged violator at his last known address or at the place where the
violation occurred, in which event the five day period shall commence at the
date of the day following the mailing of such notice.
199
§ 5 -54 INGLEWOOD MUNICIPAL CODE
Section 5 -54. 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 of this chapter which can be given effect without the invalid
provisions or application and, to this end, the provisions of this chapter are
hereby declared to be severable.
200
Offenses, Miscellaneous § 5-66
remedy any such condition referred to in any such notice.
Ord. 2397 5 -5 -81
Section 5-63. Debris Prohibited.
It shall be unlawful for any person to place or deposit any
rubbish, debris or waste matter, or waste materials, or abandoned
matter or abandoned materials of any kind, in or upon any park-
way area; except where deposited in rubbish receptacles located in
accordance with the established regulations of the City. Miscellane-
ous grass, tree, vine and shrub cuttings may also be placed in such
receptacles in such manner as to not afford any hazard or danger
to persons or property. Where an open and accessible public alley
exists in the rear or on the side of any premises, such cuttings
shall if established regulations so require, be placed in, or
immediately adjacent to, such public alley, instead of in the public
street in front of or along such premises.
Section 5-64. Animals Prohibited in Parks.
It shall be unlawful for any person, without written permis-
sion of the Park and Recreation Director, within any public park
to hitch, fasten, lead, drive, ride or let loose any animal or fowl
of any kind, provided that this shall not apply to dogs when led by
a cord or chain not more than six feet long.
Ord. 2397 5 -5 -81
Section 5 -65. Fireworks Prohibited in Parks.
It shall be unlawful for ally person, without written permis-
sion of the Parks and Recreation Director within any t)ublic park,
to carry or discharge any firearms, firecrackers, rockets, torpedoes
or any other fireworks, or airgun or slingshot; provided, however,
that such permits may only be issued for such items as may be
lawful under the laws of the State and the ordinances of the City.
Ord. 2397 5 -5 -81
Section 5 -66. Unauthorized Bathing Prohibited.
It shall be unlawful for any person within any public park to
swim, fish in, bathe, wade in, or pollute the water of any fountain,
pond, lake or stream; provided, however, that nothing herein con-
tained shall be construed as prohibiting the use for the purpose in-
tended, of any casting pool, wading pool or bathing pool, specially
provided for such particular use.
203 Revised September, 1981
§ 5 -67 Inglewood Municipal Code
Section 5 -67. Unauthorized Use of Park Facilities Prohibited.
It shall be unlawful for any person, without the written per-
mission of the Parks and Recreation Director within any public
park to:
(a) Make or kindle a fire except in picnic stoves or fire-
places provided for that purpose;
(b) Camp or lodge therein;
(c) Cook, prepare, serve, picnic, or eat except in places
designated therefor;
(d) Wash dishes, empty waste liquids in any place other
than in sinks provided therefor;
(e) Leave any garbage cans, bottles, papers or other refuse
elsewhere than in receptacles placed therefor;
(f) Play or engage in any baseball, softball, football, soccer -
ball, volleyball or other game excepting at such places
as shall be especially designated or set apart for that pur-
pose; provided, however, that nothing herein contained
shall be construed as requiring such written permission
for such informal games as "Catch," "Toss Ball," or
other similar nonoffensive games when participated in
by not to exceed four persons when same are conducted
in such a manner as not to disturb or annoy other per-
sons present in such public park;
(g) Indulge in riotous, boisterous, threatening, or indecent
conduct, or abusive or threatening language, or operate
any radio, musical instrument, or sound equipment
whicli can be heard at a distance greater than twenty -
five feet outside the boundary of any park or which
in any manner disturbs any picnic, meeting, service, con-
cert, exercise or exhibition;
Ord. 2389 11 -25 -80
(h) Operate or use any loud speaker or loud speaking sound
amplifying device in any public park; provided,
however, that nothing herein contained shall be con-
strued as preventing the use of small portable radios
when used for the purpose of receiving programs broad-
cast from regularly authorized and licensed broadcasting
stations;
(1) Make any speech or publicly address any group or
gathering of persons unless as an authorized part of a
ceremony or program for which such a permit is held at
the time;
Revised September, 1981 204
C-- - - 71
NOISE REGULATIONS 9.04.190 - 9.04.200
9.04.190 FAILURE TO ABATE -- LIEN. If after tile
expiration of the time allowed, after the hearing on the order to
Show cause, the nuisance has not Keen ahated, the city councii
may order the necessary work to be done to correct the
objectionable condition corilplained o1' and the cost of' the
work, InClUdinb material, labor and incidental expenses shall
constitute a lien against the property on which the nuisance is
located and the city attorney shall prepare and record in the
office of the county recorder or other proper public office an
instrument claiming such lien on behalf of the city, the lien to
be foreclosed and the amount thereof collected in the same
manner and under the same procedure as provided for the
foreclosure of mortgages on real property under the provisions
of the Code of Civil Procedure of the state. (Prior code § 18.9).
9.04.200 FAILURE TO REPORT. Every person who fails
to report to the health officer, department head or other
authorized official at the time and in the place stated 111 the
notices referred to in this chapter Shall he guilty of a
misdemeanor. (Prior code 5 18.10).
Chapter 9.06
NOISE AND VIBRATION REGULATIONS*
Sections:
9.06.010
Declaration of policy.
9.06.020
Definitions.
9.06.030
Sound level nle,isurement criteria.
9.06.040
Exterior noise standards.
9.06.050
Interior noise standards.
*Prior ordinance history : Ords. 778, 81 3.
237 (1'I Segundo 11- 15 -78)
9.06.010 - 9.06.020 PEACE, SAFETY AND MORALS
9.06.060
Noise level measurement.
9.06.070
Specific prohibitions.
9.06.080
Exemptions.
9.06.090
Permits and variances.
9.06. 100
F f`orc;e III ellt.
9.06.1 10
Immediate threats to health and welfare.
9.06.010 DECLARATION OF POLICY. It is hereby
declared to be the policy of the city to prohibit unnecessary,
excessive and annoying noises and vibrations from all sources
subject to its police power. Therefore, the city council does
ordain and declare that creating, maintaining, causing or
allowing to be created, caused or maintained, any noise or
vibration in a manner prohibited by or not in conformity with
the provisions of this chapter, is a public nuisance and shall be
punlsh,ible ,is such. (Ord. 958 1 (part), 1978).
9.06.020 DFl INITIONS. As used in this chapter, unless
the, coIltext otherwise cicarl�, Indicate~, the words aIld phrases
used are defined as l'ollows:
(1) "Ambient noise level" means the all - encompassing noise
level associated with a given environment, being a composite of
sounds from all sources at the location and approximate time at
which a comparison with an intrusive noise is to be made.
(2) " `A' weighted sound level" means the total sound level
in decibels of all sound as measured with a sound level meter
with a reference pressure of 20 m1cro- pascals using the "A"
weighted network scale at slow response. The unit of
measurement shall be defined as dBA.
(3) "Construction" means any site preparation, assembly,
erection, substantial repair, alteration, or similar action, but
excluding demolition, for or of public or private rights -of -way,
structures, utilities or similar property.
(4) "Cumulative period" shall mean an additive period of
(EISegundo I1- IS -7s) 238
cl_ - - - -11
NOISI REGULATIONS 9.06.020
time composed ol' individual tulle Sez;Illents which may he
continuous or interrupted.
(5) "Decihel (CIB)" means a unit t'or measuring the amplitude
Of a sound, equal to 20 times the logarithm to the base 10 of
the ratio of the pressure ol' the sound measured to the reference
pressure, which is 20 micro- pascals.
(6) "Demolition" means any dismantling, intentional
destruction or removal of structures, utilities, public or private
right -of -way surfaces, or similar property.
(7) "Emergency" means any occurrence or set of
circumstances involving actual or imminent injury to person or
property damage which demands immediate attention.
(8) "Emergency machinery, vehicle, work or alarm" means
any machinery, vehicle, work or alarm used, employed,
performed or operated in an effort to protect, provide or
restore safe conditions Ill the cC mintinity or for the citizenry, or
work by private or public utilities when restoring. utility service.
kl9) "Fixed IIOISC SOUI-ce ' means a Stationary device which
creates So Unds while hxcd or motionless inclLldiII�' hilt not
limited to residential, agricultural. industrial and commercial
machinery and equipment, pumps, fans, compressors, air
conditioners and refrigeration equipment.
(10) "Grading" means any excavating or filling of earth
material or any combination thereof conducted at a site to
prepare said site for construction or other improvements
thereon.
() 1) "Impulsive nolse" means a Ilolse of short duration
usually less than one second and of high intensity, with all
abrupt onset and rapid decay.
(12) "Intrusive noise level" means the total sound level, in
decibels (dBA), created, caused, maintained or originating from
an alleged offensive source measured at a specific location while
the alleged offensive source is in operation.
(13) "Mobile noise source" means any noise source other
238-1 ( IA Segundo I 1- 1 5.78)
9.06.030 PEACE, SAFETY AND MORALS
than a fixed noise source.
(14) "Noise" means any sound which annoys or disturbs
humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
(15) "Noise control officer" means the director of' building
Safety.
(16) "Residential property" means a parcel of real property
which is developed and used either in part or in whole for
residential purposes, other than transient uses such as Hotels and
motels.
(17) "Sound amplification equipment" means any device
which produces, reproduces, or amplifies sound.
(18) "Sound level meter" means an instrument meeting
American National Standard Institute's Standard S 1.4 -1971 or
most recent revision thereof for Type 1 or Type 2 sound level
meters or in Instrument Ind the ,issociatcd recording and
analyl.lnq equipment which will provide equivalent data.
(19) "S01111d l)ressurc lev('T" of' a sound, in decibels, 111eans
20 times the logarithm to tile base 10 of the ratio of tile,
pressure of' the sound m ;asured to the reference pressure, which
is 20 micro - pascals.
(20) "Sound truck" means any motor vehicle, or any other
vehicle regardless of motive power, whether in motion or
stationary, having mounted thereon, or attached thereto, any
sound amplification equipment except not to include a car
radio or tape player when used and heard only by the occupants
of the vehicle in which it is installed.
(2 1 ) "Vibration" means mechanical motion of the earth or
ground, building, or other type of Structure induced by the
operation of any mechanical device or equipment. (Ord. 958 §
I (part), 1978).
9.06.030 SOUND LEVEL MEASUREMENT CRITERIA.
Any sound level measurement made pursuant to the provisions
(El Segundo 11- 15 -78) 238 -2
C-71
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11 Z-- .71
NOISI�, kl :GULATIONS 9.06.040
Of' this chapter `hall he measured with a sound level meter using
the "A" weighting scale at slaw response or at Mast response for
impulsive sounds. (Ord. 958 § 1 (part), 1978).
9.06.040 EXTERIOR NOISE STANDARDS. (a) No person
shall, at any location within the city, create any noise, nor shall
any person allow the creation of' any noise on property owned,
leased, occupied or otherwise controlled by such person
(hereinafter "Noise Source "), which causes the noise level when
measured on any other property (hereinafter "Receptor
Property "), to exceed the applicable noise standard except as
set forth in subsection (c)(1) of this section.
(b) NOISE STANDARDS. The noise standards shall be the
ambient noise level or the following noise standard, whichever is
greater:
NOISI: STANDARDS
Allowable
Zone Classif icat ic►n Noise Level
of Receptor Property Time Interval dBA
Residential 10 p.m. to 7 a.m. 45
RI, R?, R3, PRD, or OS 7 p.m. to 10 p.m. 50
7 a.m. to 7 p. in. 55
Commercial 10 p.m. to 7 a.m. 55
C -RS, C?, C3, P or PF 7 a.m. to 10 p.m. 60
Manufacturing, M 1 or C -M anytime 65
Manufacturing, M? anvtirne 70
(c) ADJUSTNIF:NTS.
(1) Increases to the noise standards as set forth in subsection
(b) of this section may be permitted in accordance with the
following:
238 -3 (H Segundo 11 -15 -7th)
9.06.050 PEACE, SAFETY AND MORALS
NOISE STANDARDS ADJUSTMENTS
Permitted
Duration of
Increase
Increase
(dBA)
(minutes)*
0
30
5
15
10
5
15
1
20
less than 1
*Cumulative minutes during any one hour.
(�) If the receptor property is located on a boundary
between two different noise zones, the lower noise level
standard applicable to the quieter zone shall apply.
(3) If the noise source is continuous and cannot reasonably
he discontinued or stopped for a tulle period whereby the
ambient noise 1CVe1 Can hC detCr111111Cd, the nMISl1I -ed 1101SC level
obtained while the source is in operation shit]] he compared
directly to the allowahle noise level standards as specified
respective to the receptor property's designated land use and fo:
the time of day the noise level is measured. (Ord. 958 § 1
(part), 1978).
9.06.050 INTERIOR NOISE STANDARDS. (a) No person
shall, at any location within the city, create any noise nor shall
any person allow the creation of any noise on property owned,
leased, occupied or otherwise controlled by such person which
causes the noise level when measured within any receptor
dwelling unit to exceed:
(EI Segundo I I- 15 -78) 238 -4
�7
a NOISE. 1Z1- ,GULATIONS 9.00.000 -- 9.06.070
INTERIOR NOISE: STANDARDS
Allowable Time*
45 dBA anytirllr
+5 dBA 1 lnintit"
+10 1113A less thall 1 ininiitc
*Clllllldative lllinutc, during ;lily OIll; hotir.
(b) ADJUSTMENTS.
(1) Ill the event the ambient noise level exceeds the Noise
standards set forth in subsection (a) of this section, the levels in
the allowable column shell be increased to reflect said ambient
noise level.
(2) If the noise source; is continuous and cannot reasonably
be discontinued or stopped for a time period whereby the
ambient noise level can be determined, the measured noise level
obtained while the source is in operation shall be compared
directly to the aliowdbk: rlois- level standards as specit'ied
respective to tile: receptor property's llesigilated land use and for
tile tllllc.. oi, clay the noise level is rllcasure',d. (Orel. 958 § l
(part), 1978).
9.06.060 NOISE LEVEL MEASUREMENT. The location
selected for measuring exterior noise levels shall be at any point
on the receptor property, and at least four feet above the
ground and five feet from the nearest structure or wall. Interior
noise measurements shall be made within the receptor
residential unit. "file measurements shall be made at a point at
least four feet from the wall, ceiling or floor nearest the noise;
source with windows and dool's in a closed position. (Ord. 958
§ 1 (part), 1978).
9.06.070 SPECIFIC PROHIBITIONS. Tile following alas,
and the causing thereof, are declared to be in violation of this
chapter:
238 -5 (1.i Segundo 11- 15 -%8)
9.06.070 PEACE, SAFETY AND titORALS
(1) Radios, Television Sets, Musical Instruments, Sound
Reproducing Equipment and Similar Devices. Operating,
playing or permitting the operation or playing of any radio,
television, phonograph, drum, musical instrument, Sound
amplifier, or similar device which produces, reproduces or
amplifies sound between the }lours of 10:00 p.m. and 7 :00 a.m.
the following day in such a manner as to disturb the peace,
quiet and comfort of any reasonable person of normal
sensibilities residing in the area.
(2) Loudspeakers/ Public Address Systems. A. Using or
operating for any noncommercial purpose any loudspeaker,
public address system or similar device between the hours of
10:00 p.m. and 7:00 a.m. the following day, in a manner as to
cause discomfort or annoyance to any reasonable person of
normal sensibilities residing in the area.
13. Using or operating for any colrlluerclal purpose any
loudspeaker, public address system, or sinlllar device in a
manner that the Sound therefroill creates a nolse. 111 cxccss of,
the Ilolse Standards In any resldci -itlal area between the flours of-
8:00 p.m. and 7:00 a.m. the following day oil a public
right -of -way or public space.
(3) Loading and Unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of
10:00 p.m. and 7:00 a.m. the following day in such a manner as
to cause a noise in excess of the noise standards in any
residential area.
(4) Vehicle Repairs. Repairing, rebuilding, adjusting or
testing any motor vehicle between the hours of 10.00 p.m. and
7:00 a.m. the following day in such a manner as to cause
discomfort or annoyance to any reasonable person of normal
sensibilities residing in the area.
(5) Powered Models. Operating or permitting the operation
of powered models between the hours of 8:00 p.m. and 7:00
(EI Segundo 1 1- 15 -78) 238 -6
C--77
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L
±a
NOISE REGULATIONS 9.06.070
a.m. the following day in such a manner as to cause discomfort
and annoyance to any reasonable person of normal sensibilities
residing in the area.
(6) Refuse Collection Vehicles. A person shall not:
A. On or after July 1, 1980, operate or permit the operation
in a residential area of the compacting mechanism of any motor
vehicle which compacts refuse and which creates, during the
compacting cycle, a sound level in excess of 75 dBA when
measured at twenty -five feet from any point on the vehicle and
five feet above ground level;
B. Operate or permit the operation of the compacting
mechanism of any motor vehicle which compacts refuse,
between the hours of 8:00 p.m. and 7:00 a.m. the following
day in a residential area or within 500 feet thereof;
C. Collect refuse with a collection vehicle between the hours
of 8:00 p.m. and 7:00 a.m. the following day in a residential
area or within 500 feet thereof;
(7) Animals and Fowl. No person shall keep or maintain, or
permit the keeping of, upon ariy 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 annoyance or discomfort to any reasonable person
of normal sensibilities residing in the area.
(8) Vibration. Notwithstanding other sections of this
chapter, a person shall not create, maintain or cause any ground
vibration which is perceptible without instruments to any
reasonable person of normal sensibilities at any point on any
affected property in the vicinity of the property on which the
vibration source is located.
(9) General Noise Regulations. Notwithstanding other
sections of this chapter, and in addition thereto, 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 and quiet of any neighborhood
238 -7 (El Segundo 12- 15 -78)
9.06.080 1'1,10E, SAI'LT�' AND MURALS
or which causes discomfort or annoyance to any reasonable
person of Normal sensitibilities residing in the area.
(10) Injunctions. Notwithstanding the provisions of Section
1. 12.0 10 ol' this Code, as an additional remedy, any violation of
the provisions of this chapter, which operation or maintenance
k'-JLLSCS discomfort or annoyance to reasonable: persons of
Ilc,rnial se.lisiblllties or which endangers the comfort, repose,
health, or peace of residents in the area, shall be deemed, and is
declared to be, a public nuisance and may be subject to
ibatement summarily in the manner provided by law. (Ord. 958
1 (part '1978).
0.06.080 EX" M MOMS. The following activities shall be
oxemp(ed Bonn the provisions of this chapter:
(, l ) Activities conducted on public school grounds including
out ,lot limited to school athletic and school entertainment
vv� n ts.
(2) Any mechanical or c;lectrorlic device, apparatus or
e(Impinerlt tlscd, related to or comiected with emergency
machinery, vehicle, work or wal1lifi ; illarlll or bell provided the
�,ounding of any bell or alarill on "ally building or Motor vehicle
Shall terminate its operation within fifteen minutes in any hour
O,f its being activated.
(3) Noncommercial public speaking and public assembly
z,ctivities conducted on any public space or public right -of -way
without the use of sound amplification equipment.
(1) Noise sources associate(! with or vibration created by
,- V-IlStl- L1Ct1011, cICI110110011, re }fall', rC11lo(k!ll11g or grading of ally
,-eal propel -tv or durltig authorized sclsllllc surveys, provided
5111(1 .le tivlll.'.'; do not tape placc bCtwcen till' 11OL11 -S of 6:00 p.m.
'Auld 7-00 a.m. the following day on weekdays, 111(:1L1(tlllg
S.111.11-day, or at any time oil Sunday or a federal holiday, and
provided the noise level cleated by such activities does not
c ::coed the noise standard of 65 c113A pILIS the limits specified In
1•:I 5r,Ymido I2- 15 -75) 238-8
C
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C.74
NOISE REGULATIONS 9.06.090
Section 9.06.040(c) as measured on the receptor residential
property line and provided any vibration created does not
endanger the public health, welfare and safety.
(5) Noise sources associated with the maintenance of real
property provided said activities take place between the hours
of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or
between the hours of 9:00 a.m. and 8:00 p.m. on Sunday.
(6) Any activity to the extent regulation thereof has been
preempted by State or Federal law, including, but not limited
to aircraft, motor vehicles, railroads and other interstate
carriers. (Ord. 958 § 1 (part), 1978).
9.06.090 PERMITS AND VARIANCES. (a) The noise
control officer shall have the authority, as specified in this
section, to grant permits which may be requested.
(b) Any person seeking a permit pursuant to this section
Shall file an application with the noise control officer. The
application shall contain information ,N'lllcli demonstrates that
bringing the source of- sound or activity for which the perillit is
sought into compliance with this chapter would constitute an
unreasonable hardship on the applicant, on the community as a
whole, or on other individuals. If the noise control officer
determines that sufficient controversy may exist regarding an
application, the application shall be referred to the city council.
(c) In determining whether to grant or deny the application,
the noise control officer shall balance the hardship to the
applicant, the community as a whole, and other individuals, of
not granting the pci -illlt against the adverse lnlpact orl the
Health, safety, and welfare of persons affected; the adverse
impact oil property affected; and any other adverse impacts of
granting the permit. Applicants for permits may be required to
submit any information the noise control officer may
reasonably require. The noise control officer shall retain on
public file a copy of the decision and the reasoning used in
arriving at the decision.
238 -9 (El Segundo 1 2- 15 -78)
9.06.090 PEACE, SAFETY AND MORALS
(d) Permits shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on
the permitted activity. The time limit shall be for a maximum
time period not to exceed one year in any case. The permit shall
not become effective until all conditions are agreed to by the
applicant. In the case of noncompliance with any condition
imposed, the permit immediately shall terminate, and the noise
source shall be subject to the provisions of this chapter.
(e) Application for extension of time limits specified in
subsection (d) of this section or for modification of other
substantial conditions shall be treated as an initial application
for permit.
(f) The noise control officer may issue guidelines defining
the procedures to be followed in applying for a permit.
(g) Unless otherwise specifically exempted by this chapter,
permits shall be required for all exterior activities which utilize
amplified sound; such as, but not limited to, outdoor
gatherings, dances, shows, performances oI- Carnivals.
(h) A variance for time to comply with the provisions of this
chapter shall be processed as indicated in subsections (b)
through (f) of this section.
(i) An appeal of the decision of the noise control officer
with respect to any permit or variance for time to comply with
this chapter may be made to the City Council in writing within
ten days after the action of the noise control officer has been
communicated to the applicant.
0) It shall be the responsibility of the noise control officer
to insure compliance with the terms of the permit. During times
the noise control officer is not on duty, permit monitoring shall
be the responsibility of the chief of police. The noise control
officer shall coordinate the enforcement with the police
department. (Ord. 958 § 1 (part), 1978).
(El Segundo 12- 15-78) 238 -10
L' __ 7-11 -1
i
NOISE REGULATIONS 9.06.100- 9.06.110
9.06. 100 ENFORCEMENT. (a) The noise control officer is
directed to enforce the provisions of this chapter.
(b) No person shall interfere with, oppose or resist any
authorized person charged with the enforcement of this chapter
while such person is engaged in the performance of his duty.
(Ord. 958 § 1 (part), 1978).
9.06.110 IMMEDIATE THREATS TO HEALTH AND
WELFARE. (a) The noise control officer shall order an
immediate halt to any sound which exposes any person to
continuous sound levels in excess of those shown in Table A or
impulsive sounds in excess of Table B. Within two working days
following issuance of such an order, the noise control officer
shall apply to the appropriate court for an injunction to replace
the order.
(b) No order pursuant to Section 9.06.1 10(a) sliall be issued
tile. only persons exposed to sound levels in excess of' those
' - listed in Tables A and B of' this section are exposed as a result
of: (1) trespass; (2) invitation upon private property by the
person causing or permitting the Sound; or (3) employment by
the person or a contractor of the person causing or permitting
the sound.
(c) Any person subject to an order pursuant to this section
shall comply with such order until: (1) the sound is brought
into a compliance with the order, as determined by the noise
control officer; or (2) a judicial order has superseded the noise
control officer order.
(d) The sound levels which pose an immediate threat to
health and welfare are:
L-71
238 -10a (F1 Segundo 12- 15 -78)
9.06.110 PEACE, SAFETY AND MORALS
TABLE A
CONTINUOUS SOUND LEVELS
(measured at 50 feet or 15 meters)
Sound Level Limit (dBA) Duration
90 ........... ..............................8 hours
95 ........... ..............................4 hours
100 ........... ..............................2 hours
105 .......... ............................... I hour
110 ......... .............................30 minutes
TABLE B
IMPULSIVE SOUND LEVELS
(Measured at 50 feet or 15 meters)
Number of Repetitions
Sound Level Limit (dB) Per 24 -Hour Period
145 ................ ..............................1
135 ................ .............................10
125 ................ ............................100
(Ord. 958 § 1 (part), 1978).
bra Seguitdo 12-15-78) 238 -10b
C