HomeMy WebLinkAboutOrdinance #2364 ORDINANCE NO. 2364
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTION 8. 40.020 PERTAINING TO
PROHIBITED NOISES
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by amending Section 8.40.020 thereof to read as follows:
8.40. 020 Prohibited noises. It is unlawful for any person
to make, continue, cause or allow to be made or continued, any
loud, unnecessary, unusual or unreasonable 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 , unnecessary and
unreasonable noises in violation of this chapter but said
enumerations shall not be deemed to be exclusive , namely:
(a) HORNS AND SIGNALING DEVICES. 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 creation, by means of any such
signaling device of any unreasonably loud or harsh sound, and
the sounding of any such device for an unnecessary and unreason-
able period of time;
(b) RADIOS AND PHONOGRAPHS. The using, operating or
permitting to be played, used or operated of any radio, receiv-
ing set, television set , musical instrument, phonograph, juke
box or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and com-
fort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient 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 nine p.m. and seven
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;
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3/20/79
1.
(c) LOUDSPEAKERS AND AMPLIFIERS UPON PUBLIC STREETS.
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
street which sound emits more than ten (10) decibels of sound
over the otherwise average level of sound measured at a distance
Of fifty (50 ) feet from the source of the sound is a nuisance;
(d) YELLING AND SHOUTING. Yelling, shouting, hooting,
whistling or singing on the public streets particularly between
the hours of nine p.m. and seven a.m. or at any time or place so
as to annoy or disturb the quiet , comfort or repose of persons
in any office , or in a dwelling, hotel or other type of resi-
dence, or any persons in the vicinity;
(e) ANIMALS OR BIRDS. 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;
(f) STEAM WHISTLES. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler ex-
cept 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;
(g) EXHAUSTS. The discharge into the open air of the
exhaust of any steam engine, internal combustion engine station-
ary or mounted on wheels to run on rails or otherwise, motorboat,
or motor vehicle through a muffler or other device which will
result in loud or explosive noises therefrom;
(h) 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,
rattlings or other noises ;
(i) LOADING, UNLOADING, OPENING BOXES. The creation of
loud and explosive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes,
crates and containers;
(j ) CONSTRUCTION OR REPAIRING OF BUILDINGS. The erection
(including excavating) , demolition, alteration or repair of any
building other than between the hours of seven a.m. and six p.m.
on any day except Sundays , except in case of urgent necessity in
the interest of public health and safety and then only with a
permit from the director of building and community development ,
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 ( 3) days or less while the
2.
emergency continues. If the director of building and community
development 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
highways within the hours of six p.m. and seven a.m. and, if
he shall further determine that loss or inconvenience would
result to any party in interest , he may grant permission for
such work to be done within the hours of six p.m. and seven
a.m. ;
(k) 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 unreasonably interferes
with the working 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 ;
(1) HAWKERS, PEDDLERS. The shouting and crying of peddlers ,
hawkers and vendors which unreasonably disturbs the peace and
quiet of a neighborhood or of a considerable number of persons;
(m) 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;
(n) TRANSPORTING METAL RAILS, PILLARS AND COLUMNS. The
transporation of rails, pillars or 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;
(o) OPERATING STREET RAILWAY CARS. The causing, per-
mitting or continuing of any excessive, unnecessary and avoid-
able noise in the operation of a street railway car;
(p) PILE DRIVERS AND HAMMERS. The operation between
the hours of six p.m. and seven 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;
(q) BLOWERS. The operation of any noise-creating blower,
power fan or any internal combustion engine, the operation of
which causes noise due to the explosion 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;
3.
(r) COMPRESSORS AND FANS. The use of any electrically
operated compressor, fan or other device between the hours of
six p.m. and seven 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;
(s) 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 permit shall first have been granted
by the council for such excavation;
(t ) MAINTAINING NOISY PREMISES. It is unlawful for any
person who owns, maintains , controls, operates, has care or cus-
tody of, or otherwise provides any public or private premises,
who being present allows noise to continue after first being
advised by the police department of any violations set forth in
this chapter. Should any person fail to take immediate action
to abate the violations , such person shall be guilty of a mis-
demeanor.
SECTION 2. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach Independent , a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of ' 1979.
it
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
jr
'v"-I� - t.�R, UZA
Citf Administrator . Chief of Police
4.
Ord. No. 2364
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member$ of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 2nd day of April
19 79 , and was again read to said City Council at a regular
meeting thereof held on the 16th day of Aril , 19 Z9 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-o£ficio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ex-offic:v r:e,k < i the City
Council, do hereby certify that e of this
ordinance has been publr_hes' it. . .: i l-rtington
Beach Independent cn
le-
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In accordancei.,c�•., C- +er of ..ity.
ALICIa M. WENTWORTH
City Clerk
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