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HomeMy WebLinkAboutOrdinance #1006 ORDINANCE No. 1006 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO NOISES AND ADDING ARTICLE 406 and NEW SECTIONS THEREOF. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Article 406 is hereby added to the Huntington Beach Ordinance Code, to read in words and fig- ures as follows: ARTICLE 406 NOISES Section 2. That the following new sections are here- by added to Article 406 of the Huntington Beach Ordinance Code to read in words and figures as follows: Section 4060, Declaration of Necessity. It Is found and declared that: (a) The making and creation of loud, unnecessary or unusual noises within the limits of the City of Huntington Beach is a condition which has existed for some time and the extent and volume of such noise is increasing; (b) The making., creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use effect are Ord. No. 1006 a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City of Hunt- ington Beach; and (c) The necessity in the public interest for the provisions and prohibitions hereinafter contained and en- acted is declared as. a matter of legislative determination and public policy, and it is further declared that the pro- visions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and pro- moting the public health, comfort, convenience, safety, wel- fare and the peace and quiet of the City of Huntington Beach and its inhabitants. Section 4061. Noises Prohibited, It shall be unlaw- ful for any person to make, continue, cause, or allow to be made or continued, any loud, unnecessary, or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others with- in the limits of the City and the following acts and things, among others, are declared to be loud, disturbing, injurious and unnecessary noises in violation of this part but said enumeration shall not be deemed to be exclusive, namely: Section 4.061.1. Horns, S=aling Devices etc. The sounding of any horn or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning; the 2. Ord. No. 1006 creation by means of any such signaling device of any un- reasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. Section 4061.2, Radios, Phonographs, etc. The using operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, juke box, or other machine or device for the pro- ducing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary or con- venient hearing for the person or persons who are in the room, vehicle or chamber In which such machine or device .is operated and who are voluntary listeners thereto. The opera- tion of any such set,, Instrument,, phonograph., machine or de- vice between the hours of eleven o'clock PA. and seven o'clock A.M. In such manner as to be plainly audible at a dis- tance of fifty (50) feet from the building, structure or ve- hicle in which It is located shall be prima facie evidence of a violation of this section. Section 4o61-3. Loud Speakers, Amplifiers, etc. Upon Public Streets between Hours of 6:00 P.M. and 10:00 A.M. The using, operating or permitting to be played. - used or operated of any radio receiving set,- musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which Is cast upon the 36 Ord. No. 1006 public streets during the hours of 6:00 o'clock. P.M. and 10:00 o'clock A.M. Section 4061.4. Loud Speakers, amplifiers, etc. Upon Public Streets between Hours 10:00 A.M. and 6:00 P.M. Restrict- ion. The' using., operating or permitting to be played, used or operated of any radio, receiving set, musical instrument, phonograph, loud speaker, amplifier or other machine or de- vice for the producing of sound which is cast upon the public streets during the hours of 10:00 o'clock A.M. and 6:00 o'clock P.M. which emits more than ten (10) decibels of sound measur- ed at a distance of fifty (50) feet. Section 4061. 5. Yelling, Shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11 P.M. and 7 A.M. or at any time or place so as to annoy or disturb the quiet, com- fort, or repose of persons In any office, or In dwelling, hotel or other type of residence, or any persons In the vicin- ity. Section 4061.6. Animals, Birds, etc. The keeping of any animal or bird which by causing frequent or long contin- ued noise shall disturb the comfort or repose of any persons In the vicinity. Section 4061 Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any 4. Ord. No. 1006 stationary boiler except to give notice of time to begin or stop work or as a warning of fire or danger, or upon request of proper City authorities. Section 4(161.8. Exhausts. The discharge into the open air of the exhaust of any steam engine, internal com- bustion engine stationary or mounted on wheels to run on rails or otherwise, motor boat, or motor vehicle through a muffler or other device which will result in loud or explosive noises therefrom. Section 4061.9. Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. Section 4061.10. Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and de- struction of bales, boxes, crates and containers. Section 4061.11. Construction or Repairing of Build- ings. The erection (including excavating) , demolition, al- teration or repair of any building other than between the hours of 7 A.M. and 6 P.M. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, S• Ord. No. 1006 which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspect- or should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and high- ways within the hours of 6 P.M. and 8:00 A.M. and if he shall further determine that loss or inconvenience would result to any part in interest, he may grant permission for such work to be done within the hours of 6 P.M. and 7 A.M. upon appli- cation being made at the time the permit for work is awarded or during the progress of the work. Section 4061.12. Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street adjacent to any school institution of learning, church or Court while the same are in use, or adjacent to any hospital, which un- reasonably 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 in- dicating that the same is a school, hospital or court street. Section 4061.13. Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. 6. Ord. No. 1006 Section 4061.14. Drums* The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. Section 4o61.15. .Metal Rails, Pillars and Columns, Transportation Thereof. The transportation of rails, pillars, of columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of such streets or other public places. Section 4061.16. Street Railway Cars, Operation Thereof. The causing, permitting or continuing any excessive, unnecessary and avoidable noise in the operation of a street railway car. Section 4p61.1z_ Pile Drivers, Hammers, etc. The operation between the hours of 6 P.M. and 7 A.M. of any pile driver, steam or gasoline shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise. Section 4061.18. Blowers. The operation of any noise-creating blower, '!power fan. or any internal combustion engine, the operation of which causes noise due to the explo- sion of operating gases or fluids, unless the noise from 7- Ord. No. 1006 such blower or fan is muffled and such engine is equipped with a muffler device, sufficient to deaden such noise. Section 4061.19. Compressor, Fans, etc. The use of any electrically operated compressor, fan, or other de- vice between the hours of 6 o'clock P.M. and 7 o'clock A.M. in such a manner as to produce noise or vibration so as to annoy or disturb the quiet.- comfort, or repose of persons in the area or neighborhood. Section 4061.20. Sand and Gravel, Removal. No person shall excavate or remove any sand or gravel from any residence lot or property within the City, unless a per- mit shall first have been granted by the Council for such excavation or removal. Section 4061.21. Penalty. Any person violating any provision of this ordinance shall be guilty of a misd4meanor and upon conviction thereof shall be punished by a fine- of not more than Five Hundred Dollars ($500-00) or by Imprison- ment in the City or County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one Insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- 8.; Ord. No. 1006 culated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 16th day of September 1963. J Mayor ATTEST:" City C1 8. Ord. No. 1006 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do„ hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regu- lar meeting thereof held on the 3rd day of S Jtember,1963, and was again read to said City Council at a regular meeting thereof held on. the 16th day of September , 1963, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Wells, Gisler, Stewart, Welch, Lambert NOES: Councilmen: None ABSENT: Councilmen: None r2l City Clerk and x-officio_Clerk of the City Council of the City of Huntington. Beach, California ' -