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HomeMy WebLinkAboutORD 157 1992 1202ORDINANCE NO. 157 AN ORDINANCE OF THE CITY OF MOORPARR, CALIFORNIA, ADDING CHAPTER 9.28 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE, PERTAINING TO EXCESSIVE NOISE IN RESIDENTIAL ZONES WHEREAS, It is the City's policy to prohibit unnecessary, excessive, and annoying noise from all sources. With the current mandates, the City's Police Department is having difficulty providing protection in certain aspects of the public peace, health, safety, and welfare. Therefore, the following noise mandates are intended to protect the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. THE MOORPARK MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 9.28 TO TITLE 9 TO READ AS FOLLOWS: CHAPTER 9.28 NOISE IN RESIDENTIAL ZONES SECTION 9.28.010. NOISE FROM RADIOS, TELEVISION SETS, MUSICAL INSTRUMENT AND SIMILAR DEVISES It shall be unlawful for any person within any residential zone of the City to use or operate any radio, musical instrument, phonograph, television receiver, or other machine or devise for the production, reproduction or amplification of the human voice or any other sound in such a manner as to create a noise level that disturbs the reasonable peace, quiet, or comfort of any person who is more than fifty feet (501) away from the noise source. SECTION 9.28.020. NOISE BY PERSONS It shall be unlawful for any person within any residential zone of the City to use the human voice in such a manner as to create a noise level that disturbs the reasonable peace, quiet, or comfort of any person who is more than fifty feet (50' ) away from the noise source. 1 SECTION 9.28.030. ENFORCEMENT COSTS, AND RESPONSE FEES DUE TO VIOLATIONS OF THIS CHAPTER When the City's Police Department responds to the scene of a possible violation of Section 9.28.010 or 9.28.020, and the peace officer at the scene has reasonable cause to believe that there is a violation of this Chapter then the peace officer shall notify the owner of the property and /or the person in charge of the property where the noise exists and /or the person responsible for the noise, that such person or persons, or in the case of a minor, the parents and /or guardians of such minor, may be personally liable for the costs associated with a Special Security Assignment. A Special Security Assignment is a response by the City's Police Department to the scene of a violation of Sections 9.28.010 or 9.28.020 over and above ordinary law enforcement services. The first response to the scene of a violation of Section 9.28.010 or 9.28.020 within a twenty -four (24) hour period constitutes ordinary law enforcement services. A second or subsequent response within the twenty -four (24) hour period following the first response to the same location for the same purpose and involving the same perpetrator constitutes a Special Security Assignment. SECTION 9.28.040. COLLECTION OF VIOLATION FEES Upon conviction of a violation of Section 9.28.010 or 9.28.020, the convicted person shall be responsible to pay the Special Security Assignment fee. For the purpose of this Section a convicted person shall mean any person pleading guilty, or nolo contendere, or found guilty by a court of law of a violation of Section 9.28.010 or 9.28.020. A letter will be sent to the convicted person requiring payment to the City of the Special Security Assignment fee. Said fee shall be due within thirty (30) days of the issuance of the letter. Should said person fail to pay the Special Security Assignment fee within the 30 days, the City may take appropriate action to recover the fee. Should a court action be initiated to recover the fees, the convicted person will be responsible to pay the Special Security Assignment fee, administrative costs, and any legal and staff costs incurred. SECTION 2. If any provision of this Ordinance is for any reason held to be invalid by court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. 2 SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter this ordinance in the book or original ordinances of the City of Moorpark, 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 (15) days after passage and adoption thereof, cause and same to be published once in the Moorpark Mirror News, a weekly 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, APPROVED, AND ADOPTED this 2nd day of DECEMBER, 1992. ATTEST: ayor P u W. Lawraso , Jr. 3 M "'IRPARK 00 799 Moorpark Avenue Moorpark, California 93021 STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK (805) 529 -6864 I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 157 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of DECEMBER , 1992, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 8th day of DECEMBER 1992. lian E. Hare City Clerk PAUL W. LAWRASON JR. JOHN E. WOZNiAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TAI LEY JP, Mayor Mayor Pro Tem Councilmember Councilmember Councilmerrber Printed On Racvcr -;;