HomeMy WebLinkAboutAGENDA REPORT 1992 1118 CC REG ITEM 12A I�J to
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MEMORANDUM _B`
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development4'"
Prepared by Kathleen Mallory Phipps, Associate Planner
DATE: November 13, 1992 (November 18, 1992 City Council
meeting)
SUBJECT: Noise Ordinance - Chapter 9.28 of the Municipal Code
Background:
Over the past year, calls to the Moorpark Police Department due to
loud music, noise and party disturbances have been escalating. From
April 1992 to October 1992 calls for service in residential
areas (1) have spiralled by over fifty-four percent (54%) , see
attachment number 1, page one and two.
Currently, the City does not have a Noise Ordinance to curtail
excessive noise created due to radios, television sets, musical
instruments, and similar devices. One way to eliminate this problem
would be to establish and enforce a City Noise Ordinance. Thus, the
attached Noise Ordinance is intended to provide the Moorpark Police
Department with an immediate enforcement mechanism to assist them
in providing protection of the public peace, health, safety and
welfare.
Discussion:
As proposed, when a law enforcement officer is requested to respond
to a potential violation of Section 9.28 of the Municipal Code, the
law enforcement officer' s first response within a twenty-four hour
period constitutes ordinary law enforcement services. A second or
subsequent response within a twenty-four hour period following the
first response and to the same location for the same purpose and
involving the same perpetrator constitutes a Special Security
Assignment, and is determined to be a misdemeanor. It is the City's
and Police Department' s belief that the person responsible for such
repetitious disruptions of the public peace should bear the cost of
the service beyond the ordinary law enforcement services provided
by the City.
As defined on the calls for service land use map.
PAUL W.LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E.TALLEY JR.
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Printed On Recycled Paper
The Honorable City Council
November 12, 1992
Page 2
Cost Recovery:
Many cities charge convicted persons the cost of the Special
Security Assignment, administrative costs, and any legal and staff
costs incurred due to the conviction of the person in violation of
Section 9.28 of the Municipal Code. A letter will be sent to the
convicted person requiring payment to the City of the Special
Security Assignment fee. Said fee will be due within 30 days of the
issuance of the letter. Should the convicted person fail to pay the
Special Security Assignment fee within 30 days, the City may take
appropriate action to recover the fees.
Noise Regulation:
Cities have traditionally regulated noise based upon decibel (dB)
(2) measurement. A decibel is a unit of sound measurement measuring
the intensity of sound waves. One problem with regulating noise
based upon decibel levels is that a noise measurement device is
required in order to confirm that a violation has occurred.
Additionally, the person using the decibel meter must be highly
trained at great expense, and the City would be required to train
several police officers and staff. Additionally, decibel
measurement equipment is required to be periodically tested for
accuracy.
The attached ordinance is modeled after the City of Thousand Oaks'
Noise Ordinance in which noise is not regulated based upon decibel
levels. Both the cities of Oxnard and Thousand Oaks ' noise
ordinance determine that a violation of the Noise Ordinance has
occurred if the noise is audible fifty feet (50 ' ) from the source.
A violation occurs regardless if the noise is continuous or has
stopped when the law enforcement officer responds.
As exemplified in the California Vehicle Code, the State of
California is also regulating noise audible within fifty feet (50 ' )
of the source. Section 27007 (Sound Amplification Devices) of the
California Vehicle Code specifies:
2 dB - A unit division on a logarithmic scale whose base is
in the tenth root of ten, used to represent ratios of
quantities proportional to power. [ In simple terms, if
the power is multiplied by a factor of ten, then ten is
added to the representation of the power on the decibel
scale. If dB represents 1 unit of power, 60 dB represents
one million units, etc. ] .
The Honorable City Council
November 12, 1992
Page 3
No driver of a vehicle shall operate, or permit the operation
of any sound amplification system which can be heard outside
the vehicle from fifty (50) or more feet when the vehicle is
being operated upon a highway unless that system is being
operated to request assistance or warn of a hazardous
situation.
Complaint Process:
Enforcement of the proposed ordinance will generally necessitate a
call to the Moorpark Police Department from a citizen. If the
disturbance has stopped by the time the law enforcement officer
arrives at the scene and the reporting person still wishes to
pursue the matter they will need to sign a complaint. If the
disturbance is still in progress the law enforcement officer may
make an arrest without the reporting party signing a complaint.
General Information:
State law mandates consistency between all seven elements of a
cities General Plan. Due to the update to the Land Use and
Circulation Elements of the City's General Plan, the City will need
to update the Noise Element of the General Plan. In conjunction
with this update, staff will prepare a comprehensive Noise
Ordinance for Council adoption at the conclusion of the Noise
Element update. When the comprehensive Noise Ordinance is prepared
it will include the information contained in the attached noise
ordinance.
Adoption of the attached Noise Ordinance is exempt from CEQA
pursuant to Section 15308 of the State CEQA Guidelines.
Recommendation:
1. Introduce and conduct the first reading of the City's Noise
Ordinance adding Chapter 9 .28 of the Moorpark Municipal Code,
regulating noise emitted in a residential zone.
Attachments:
Noise emitted in the Downtown, page one and two.
Noise Ordinance, Chapter 9.28 of the Moorpark Municipal Code.
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