HomeMy WebLinkAboutOrdinance #2379 ORDINANCE NO. 2379
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 8.40 THEREOF, AND ADDING
THERETO A NEW CHAPTER 8. 40 ENTITLED, "NOISE
CONTROL"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Chapter 8 .40 of the Huntington Beach Municipal
Code is hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto a new chapter 8.40 entitled, "Noise
Control" to read as follows :
8.40. 010 Declaration of policy. In order to control un-
necessary, and annoying sounds emanating from incor-
porated areas of the city, it is hereby declared to be the policy
of the city to prohibit such sounds generated from all sources
as specified in this chapter.
It is determined that certain noise levels are detrimental
to the public health, welfare and safety and contrary to public
interest; therefore, the city council does ordain and declare
that creating, maintaining, causing or allowing to create, main-
tain or cause any noise in a manner prohibited by, or not in con-
formity with the provisions of this chapter, is a public nuisance
and shall be punishable as such.
8.40. 020 Definitions . The following words, phrases and
terms as used in this chapter shall have the meaning as indicated
below:
(a) "Ambient noise level" shall mean the all-encompassing
noise level associated witha given environment, being a composite
of sounds from all sources , excluding the alleged offensive noise,
at the location and approximate time at which a comparison with
the alleged offensive noise is to be made.
(b) "Commercial property" shall mean a parcel of real prop-
erty which is developed and used either in part or in whole for
commercial purposes including, but not limited to, retail and
WSA:ahb 1.
wholesale businesses and professional offices.
(c) "Cumulative period" shall mean an additive period of
time composed of individual time segments which may be con-
tinuous or interrupted.
(d) "Decibel" (dB) shall mean a unit which denotes the
ratio between two (2) quantities which are proportional to power:
the number of decibels corresponding to the ratio of two (2)
amounts of power is ten (10) times the logarithm to the base ten
(10) of this ratio.
(e) "Emergency machinery, vehicle or work" shall mean any
machinery, vehicle or work used, employed or performed in an ef-
fort to protect, provide or restore safe conditions in the com-
munity or for the citizenry, or work by private or public utilities
when restoring utility service.
(f) "Fixed noise source" shall mean a stationary device
which creates sounds while fixed or motionless, including but not
limited to, industrial and commercial machinery and equipment,
pumps, fans, compressors, generators, air conditioners and re-
frigeration equipment.
(g) "Grading" shall mean any excavating or filling of
earth material, or any combination thereof, conducted to prepare
said site for construction or. the placement of the improvements
thereon.
(h) "Impact noise" shall mean the noise produced by the
collision of one mass in motion with a second mass which may be
either in motion or at rest.
(i) "Industrial property" shall mean a parcel of real prop-
erty which is developed and used either in part or in whole for
manufacturing purposes including research and development uses.
Q ) "Mobile noise source" shall mean any noise source
other than a fixed noise source.
(k) "Noise level" shall mean the "A" weighted sound pres-
sure level in decibels obtained by using a sound level meter at
slow response with a reference pressure of twenty (20) micro-
pascals (micronewtons per square meter) . The unit of measure-
ment shall be designated as dB(A) .
(1) "Person" shall mean a person, firm, association, co-
partnership, joint venture, corporation or any entity, public
or private in nature.
(m) "Residential property" shall mean a parcel of real
2.
property which is developed and used either in part or in whole
for residential purposes, other than transient uses such as
hotels or motels.
(n) "Predominant tone noise" shall mean a noise charac-
terized by a predominant frequency or frequencies so that other
frequencies cannot be readily distinguished.
(o) "Sound pressure level" of a sound, in decibels, shall
mean twenty (20 ) times the logarithm to the base ten (10) of
the ratio of the pressure of the sound to a reference pressure,
which reference pressure shall be explicitly stated.
8.40. 030 Noise level measurement criteria. Any noise
level measurements made pursuant to the provisions of this chapter
shall be performed using a sound level meter as defined in this
chapter. The location selected for measuring exterior noise
levels shall be at any point on the property line of the offender
or anywhere on the affected property. Interior noise measurements
shall be made within the affected unit. The measurement shall
be made at a point in the affected unit at least four (4) feet
from the wall, ceiling or floor nearest the noise source. All
noise level measurements shall be performed in accordance with
procedural rules and regulations of the Orange County health
department .
8.40. 040 Designated noise zones. The properties herein-
after described, whether within or without the city, are hereby
assigned to the following noise zones :
Noise Zone 1: All residential properties;
Noise Zone 2 : All professional office and public institu-
tional properties ;
Noise Zone 3 : All commercial properties with the exception
of professional office properties; and
Noise Zone 4 : All industrial properties.
8.40. 050 Exterior noise standards. The following noise
standards , unless otherwise specifically indicated, shall apply
to all residential property within a designated noise zone :
EXTERIOR NOISE STANDARDS
NOISE ZONE NOISE LEVEL TIME PERIOD
1 55 dB(A) 7 a.m. - 10 p.m.
50 dB(A) 10 P.m. - 7 a.m.
3.
NOISE ZONE NOISE LEVEL TIME PERIOD
2 55 dB(A) Anytime
3 60 dB(A) Anytime
4 70 dB(A) Anytime
8. 40. 060 Exterior noise levels prohibited. It shall be
unlawful for any person at any location within the incorporated
area of the city to create any noise , or to allow the creation
of any noise on property owned, leased, occupied, or otherwise
controlled by such person, which causes the noise level when
measured on any residential, public institutional, professional,
commercial or industrial property, either within or without the
city, to exceed the applicable noise standard:
(a) For a cumulative period of more than thirty (30)
minutes in any hour;
(b) Plus 5 dB(A) for a cumulative period of more than
fifteen (15) minutes in any hour;
(c) Plus 10 dB(A) for a cumulative period of more than
five (5) minutes in any hour;
(d) Plus 15 dB(A) for a cumulative period of more than
one (1) minute in any hour; or
(e) Plus 20 dB(A) for any period of time.
In the event the ambient noise level exceeds any of the
first four (4) noise limit categories above, the cumulative
period applicable to said category shall be increased to reflect
said ambient noise level. In the event the ambient noise level
exceeds the fifth noise limit category, the maximum allowable
noise level under said category shall be increased to reflect
the maximum ambient noise level.
8.40. 070 Interior noise standards . The following noise
standards, unless otherwise specifically indicated, shall apply
to all real property within a designated noise zone:
INTERIOR NOISE STANDARDS
NOISE ZONE NOISE LEVEL TIME PERIOD
1 55 dB(A) 7 a.m. - 10 p.m.
45 dB(A) 10 p.m. - 7 a.m.
4.
NOISE ZONE NOISE LEVEL TIME PERIOD
2, 3, 4 55 dB(A) Anytime
8.40. 080 Interior levels of noise prohibited. It shall
be unlawful for any person at any location within the incor-
porated area of the city to create any noise, or to allow the
creation of any noise on property owned, leased, occupied, or
otherwise controlled by such person, which causes the noise
level when measured within any other structure on any residential,
public institutional, commercial, or industrial property to exceed:
(a) The noise standard for a cumulative period of more
than five (5) minutes in any hour;
(b) The noise standard plus 5 dB(A) for a cumulative
period of more than one (1) minute in any hour; or
(c ) The noise standard plus 10 dB(A) for any period of
time.
In the event the ambient noise level exceeds either of
the first two noise limit categories above, the cumulative
period applicable to said category shall be increased to reflect
said ambient noise level. In the event the ambient noise level
exceeds the third noise limit category, the maximum allowable
noise level under said category shall be increased to reflect
the maximum ambient noise level.
Each of the noise limits specified above shall be reduced
by 5 dB(A) for impact or predominant tone noises, or for noises
consisting of speech or music.
In the event that the noise source and the affected prop-
erty are within different noise zones , the noise standards of
the affected property shall apply.
8 .40. 090 Special provisions. The following activities
shall be exempted from the provisions of this chapter:
(a) School bands, _ school athletic and school entertain-
ment events, provided such events are conducted on school prop-
erty or authorized by special permit from the city;
(b) Activities otherwise lawfully conducted in public parks ,
public playgrounds and public or private school grounds;
(c ) Any mechanical device, apparatus or equipment used,
related to or connected with emergency machinery, vehicle or
work;
5.
(d) Noise sources associated with construction, repair,
remodeling, or grading of any real property; provided a permit
has been obtained from the city; and provided said activities
do not take place between the hours of 8 p.m. and 7 a.m. on
weekdays , including Saturday, or at any time on Sunday or a
federal holiday;
(e) All mechanical devices , apparatus or equipment which
are utilized for the protection or harvest of agricultural crops
during periods of potential or actual frost damage or other ad-
verse weather conditions;
(f) Mobile noise sources associated with agricultural
operations provided such operations do not take place between
the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday,
or at any time on Sunday or a federal holiday;
(g) Mobile noise sources associated with agricultural
pest control through pesticide application, provided that the
application is made in accordance with restricted material per-
mits issued by or regulations enforced by the agricultural
commissioner;
(h) Noise sources associated with the maintenance of real
property provided said activities take place between the hours
of 8 a.m. and 8 p.m. on any day except Sunday or between the
hours of 9 a.m. and 6 p.m. on Sunday or a federal holiday;
(i) Any activity or equipment to the extent that design
regulation thereof has been preempted by state or federal laws .
8 .40. 100 Schools, hospitals and churches--Special provisions.
It shall be unlawful for any person to create any noise which
causes the noise level at any school, hospital or church while
same is in use, to exceed the noise limits specified for ex-
terior noise standards in this chapter, or which noise level
unreasonably interferes with the use of such institutions or
which unreasonably disturbs or annoys patients in the hospital,
provided conspicuous signs are displayed in three (3) separate
locations within one-tenth (1/10) of a mile of the institution
indicating the presence of a school, hospital or church.
8.40. 110 Air conditioning refrigeration--Special provisions .
During a one 1 year period following the effective date of this
chapter, the noise level standards specified in this chapter
shall be increased by 5 dB(A) where the alleged noise source is
an air-conditioning apparatus or refrigeration system, which was
installed prior to the effective date of this chapter.
8.40,120 Manner of enforcement . The Orange County health
6.
officer and his duly authorized representatives are directed to
enforce the provisions of this chapter. The Orange County health
officer and his duly authorized representatives are authorized
pursuant to Penal Code Section 836. 5, to arrest any person
without a warrant when they have reasonable cause to believe
that such person has committed a misdemeanor in their presence.
No person shall interfere with, oppose or resist any au-
thorized person charged with enforcement of this chapter while
any person is engaged in the performance of his duty.
8 .40. 130 Variance procedure. The owner or operator of a
noise source which violates any of the provisions of this chapter
may file an application with the health officer for a variance
from the provisions thereof wherein said owner or operator shall
set forth all actions taken to comply with said provisions, the
reasons why immediate compliance cannot be achieved, a proposed
method of achieving compliance, and a proposed time schedule for
its accomplishment . Said application shall be accompanied by a
fee in the amount of seventy-five dollars ($75) .
A separate application shall be filed for each noise source;
provided, however, that several mobile sources under common owner-
ship, or several fixed sources on a single property may be com-
bined into one application. Upon receipt of said application and
fee, the health officer shall refer it with his recommendation
thereon in accordance with the provisions of this chapter.
An applicant for a variance shall remain subject to prose-
cution under the terms of this chapter until a variance is granted .
8.40. 140 Noise variance board. The noise variance board
shall evaluate all applications for variance from the require-
ments of this chapter and may grant said variances with respect
to time for compliance, subject to such terms, conditions and re-
quirements as it may deem reasonable to achieve maximum compliance
with the provisions of this chapter. Said terms, conditions and
requirements may include, but shall not be limited to, limita-
tions on noise levels and operating hours. Each such variance
shall set forth in detail the approved method of achieving maxi-
mum compliance and a time schedule for its accomplishment .
In its determinations said board shall consider the magni-
tude of nuisance caused by the offensive noise; the uses of
property within the area of impingement by the noise; the time
factors related to study, design, financing and construction of
remedial work; the economic factors related to age and useful
life of equipment; and the general public interest and welfare.
Any variance granted by said board shall be by resolution and
shall be transmitted to the health officer for enforcement . Any
violation of the terms of said variance shall be unlawful.
7.
Members of the variance board shall be appointed by, and
shall serve at the pleasure of the Orange County board of
supervisors. The variance board shall adopt reasonable rules
and regulations for its own procedures in carrying out its
functions under the provisions of this chapter.
Three (3) members shall constitute a quorum and at least
three (3) affirmative votes shall be required in support of
any action.
The health officer, or his appointed representative, shall
be a nonvoting ex officio member of the variance board, and
shall act as secretary of the board.
Meetings of the noise variance board shall be held at the
call of the secretary and at such times and locations as said
board shall determine. All such meetings shall be open to the
public .
8 .40. 150 Appeals . Within fifteen (15) days following
notice to the city of the decision of the variance board on
an application, the applicant, the health officer, or any member
of the city council, may appeal the decision to the city council
by filing a notice of appeal with the secretary of the variance
board. In the case of an appeal by the applicant for a vari-
ance, the notice of appeal shall be accompanied by a fee to be
computed by the secretary on the basis of the estimated cost
of preparing the materials required to be forwarded to the
city council as discussed hereafter. If the actual cost of such
preparation differs from the estimated cost, the applicant shall
pay any difference to the secretary and the secretary shall pay
the amount of any excess to the applicant .
8.40. 160 Appeals--Notice of hearing. Within fifteen (15)
days following the receipt of a notice of appeal and the appeal
fee, the secretary of the variance board shall forward to the
city council copies of the application for variance; the recom-
mendation of the health officer; the notice of appeal; all evi-
dence concerning said application received by the variance
board and its decision thereon. In addition, any person may
file with the city council written arguments supporting or
attacking said decision and the city council may, in its dis-
cretion, hear oral arguments thereon. The city clerk shall mail
to the applicant a notice of the date set for hearing of the
appeal. The notice shall be mailed at least ten (10) days
prior to the hearing date.
8 .40. 170 Action of council . Within sixty (60) days fol-
lowing its receipt of the notice of the appeal, the city council
shall either affirm, modify or reverse the decision of the
variance board at a duly noticed public hearing. Such decision
8 .
shall be based upon the city council 's evaluation of the matters
submitted to it in light of the powers conferred on the variance
board and the factors to be considered as set out in this chapter.
As part of its decision, the council may direct the vari-
ance board to conduct further proceedings on said application.
Failure of the city council to affirm, modify or reverse the
decision of the variance board within said sixty (60) day
period shall constitute affirmation of the board's decision.
8 .40. 180 Violations--Misdemeanor. Any person violating
any of the provisions of this chapter shall be deemed guilty
of a misdemeanor. Each day such violation is committed or per-
mitted to continue shall constitute a separate offense and
shall be punishable as such. The provisions of this chapter
shall not be construed as permitting conduct not prescribed
herein and shall not affect the enforceability of any other
applicable provisions of law.
SECTION 3. The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Municipal Code relating to the same subject
matter shall be construed as restatements and continuations and
not as new enactments .
SECTION 4. 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 lgth
day of June , 1979.
Mayor
ATTEST : APPROVED AS TO FORM:
City Clerk City Attorney
9.
INITIATED AND APPROVED:
oe
C y Administrator
10.
Ord. No. 2379
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 members 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 4th day of June
19 79 and was again read to said City Council at a regular
meeting thereof held on the 18th day of June , 19 79 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, Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk acid ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia Ni- Wentworth CITY CLERK of the City of
N,untington Beach and ex-officio Clerk of the City
Couhci:, do he:eby certify that a synopsis of this
ordinance has been published in the Huntington
Beach Indepe dent on 1
1n accord e wMth the City Charter of said City.
ALICIA M. WERTWORTH . .
........._.........:.:........
' ............ . ......City C;erk
(i�-.. 7 ± ..............
peputy City Clerk