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HomeMy WebLinkAboutOrdinance #1072 ORDINANCE No. 1072 AN ORDINANCE OF THE CITY. OF HUNTINGTON BEACH RELATING TO NOISES: ADDING ARTICLE 554 AND NEW SECTIONS THEREOF AND REPEAL- ING ARTICLE 406 AND ALL SECTIONS THEREOF. The City Council of the City of Huntington Beach does ordain as follows: Section 1. That Article 554 is hereby added to the Huntington Beach Ordinance Code, to read in words and figures as follows : ARTICLE 554 NOISES Section 2. That the following new- sections are here- by added to Article 554 of the Huntington Beach Ordinance Code, to read in words and figures as follows: Section '5540. 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 a detriment to public health, comfort, convenience, safety, 1. Ord. No. 1072 welfare and prosperity of the residents of the City of Hunting- ton Beach; and -(c) The necessity in the public interest for the pro- visions and prohibitions hereinafter contained. and enacted Is declared as a matter of legislative determination and pub- lie policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pur- suance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and the peace and quiet of the City of Huntington Beach and its inhab- itants. Section �41. Noises Prohibited. It shall be un- lawful 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 within 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 enum- eration shall not be deemed to be exclusive, namely: Section 55� .11 Horns-, Signaling 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. 1072 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 5541.12 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 operation of any such set, instrument,., phonograph, machine or device between the hours of eleven o'clock F.M. and seven o'clock A.M. in such manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it Is located shall be prima facie evidence of a violation of this section. Section 5L41.L3 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 public streets during the hours of 6 :00 o'clock P.M. and 19:00 A.M. 3. Ord. No. 1072 Section` 5',.�41. 4 Loud Sneakers , amplifiers, etc. Upon Public Streets between hours 10:00 A.M. and 6:00 P.M. Re- striction. The using, operating or permitting to be played, used or operated any radio, receiving set, musical instrument, phonograph, loud speakers, amplifier or other machine or device 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 measured at a distance of fifty (50) feet. Section 51541. 1.5 ' Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets particularly between the hours of 11:00 P.M. and 7:00 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 vicinity. Section 5'S41.Q•6 Animals, Birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall. disturb the comfort or repose of any persons in the vicinity. Section !j541-.'�7 Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary bailer 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. 4. Ord. No* 1072 Section �6_ l.r8 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 ex- plosive noises therefrom. Section 1*"- 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 unneccess- ary grating, grinding, rattlings or other noises. Section L 4.1.20. Loading, Unloaded, opening Boxes. The creation of a loud and explosive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. Section 5541.21. Construction or Repairing of Build- ings. The erection (including excavating) , demolition, al- teration or repair of any building other than between the hours of 7:00 A.M. and 6 :00 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, 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 5• Ord. No. 1072 repair of any building or the excavation of streets and highways within the hours of 6:00 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 permiss- ion for such work to be done within the hours of 6 :00 P.M. and 7:00 A.M. upon application being made at the time the permit for work is awarded or during the progress of the work. Section 5541.22. ` Schools, courts, churches, hospit- als. The creation of any excessive noise on any street ad- jacent to any school institution of learning, church or court while the same are in use, or adjacent to any hospit- al, which 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 indicating that the same is a school, hospital or court street. Section 5P41.21. Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. Section 5541.24. 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 5541.2,1. Metal Rails, Pillars and Columns. Transportation Thereof. The transportation of rails, pillars, 6. Ora., No. 1072 o-e 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 5541. 6. Street Railway Cars. Operation Thereof. The Causing, permitting or continuing any excess- ive, unnecessary and avoidable noise in the operation of a street railway car. Section 5541.27. Pile Drivers. Hammers, etc. The operation between the hours of 6:00 P.M. and 7:00 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 5541.28. Blowers. The operation of any noise-creating blower, power fan or any internal combustion engine, the operation of which causes noise due to the 'ex- F plosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device, sufficient to deaden such noise. Section 5541.29... Compressor, Fans, etc. The use of any electrically operated compressor, fan, or other device between the hours of 6:00 o'clock P.M, and 7:00 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. 7• Ord. No. 1072 Section 1541.3O. Sand and Gravel, Removal. No per- son shall excavate or remove any sand or gravel from any residence lot or property within the City, unless a permit shall first have been granted by the Council for such ex- cavation. Section 5541 -31. Penalty. Any person violating any provision of this ordinance shall be guilty of a misde.. meanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars 3500.00) or by imprisonment in the City or County Jail for a period of not more than six (6) months, or by such fine and imprisonment. Section 3, That Article 406 and all sections thereof are hereby repealed. Section 4. The City Clerk shall certify to the pass- age 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 circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. 8. Ord. No. 1072 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 6th day of July 1964. r ATTEST: ity Clerk APP .D�VED AS TO 08M� eorge $hthats, Asst.City Attorney 9• Ord. No. 1072 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 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 regular meeting thereof held on the 15th day of June , 1964, and was again read to said City Council at a regular meeting thereof held on the 6th day of July 1964, and was passed and adopted by the affirmative vote of more than a majority of all the mem- bers of said City Council. AYES: Councilmen: Welch, Gisler, Stewart, Lambert, Shiplev NOES: Councilmen: None ABSENT: Councilmen: None t o r. City Clerk and e�-officio Clerk of the City Council of the City of Huntington Beach, California.