HomeMy WebLinkAboutOrdinance #2434 ORDINANCE NO . 2434
AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO SECTION 8.40 .111 RELATING
TO NOISE CONTROL
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto section 8 .40 .111 to read as follows :
8 .40 .111 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 , re-
pose, 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 un-
reasonable noises in violation of this chapter, but said enumera-
tions shall not be deemed to be exclusive:
(a) Radios and phonographs . The using, operating or per-
mitting to be played, used or operated any radio , receiving set ,
television set, musical instrument, phonograph, juke box or
other machine or device for producing or reproducing 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 for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or de-
vice is located and operated , and who are voluntary listeners
thereto. The operation of any such set, instrument , phonograph,
machine, or device between the hours of 10 p .m. and 7 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.
(b) Yelling and shouting. Yelling, shouting, hooting,
whistling or singing on the public streets , particularly between
the hours of 10 p .m. and 7 a .m. , or at any time or place so as to
annoy or disturb the quiet , comfort or repose of persons in any
dwelling, hotel or other type or residence, or office , or any
persons in the vicinity, is hereby declared a nuisance.
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5/7/80 1.
( c) Maintaining noisy premises . It is unlawful for any
person who owns , maintains , controls , operates , has care or
custody of, or otherwise provides any public or private premises ,
who , being present , allows noise to continue after first being
informed by the police department of any of the violations set
forth in this chapter. Any person failing to take immediate
action to abate such violations shall be guilty of a misdemeanor.
SECTION 2. This is an emergency ordinance necessary for
the immediate preservation of the public peace , health and safety
and shall take effect upon adoption. The City Council finds that
existing provisions of the Huntington Beach Municipal Code are
inadequate to insure the comfort and enjoyment of life or property
in the late evening and early morning hours by an entire neighbor-
hood, whether residential or commercial; that the addition of
the provisions regulating excessive noise during the stated hours
adopted hereby will provide the effective tools of enforcement to
protect and guarantee citizens of this community reasonable en-
joyment of their homes and businesses . Due to the greater inci-
dence of noise problems in the city during the summer months , as
a result of the resort community aspects and increased population
of the city, enactment as an emergency ordinance is necessary to
make this useful and effective tool worthwhile .
SECTION 3. The City Clerk shall certify to the passage of
this ordinance and shall cause same to be published within fifteen
days of its 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 19th
day of May 1980.
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ATTEST: APPROVED AS TO FORM:
ALICIA M. WENTWORTH, CITY CLERK
G I
Deputy City Clerk -.pity Attorney
2 .
Emergency Ord. No. 2434
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss.
CITY OF HUNTINGTON BEACH )
_I, ALICIA M. WENTWORTH, 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 foregoing
by title
ordinance was read/to the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 19th day of May
1980 , and was passed and adopted b at least four-fifths (4 5)
P P Y /
affirmative votes of said City Council.
AYES: Councilmen:
Pattinson, Thomas , Finley, Bailey, MacAllister, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
-None
Alicia M. 'Wentworth
-
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY: cry
Deputy
Erd
. Wentworth CITY CLERK of
the city n Beach and ex-of$Icto Ghent of
�� tic,ob � tho City
Y certify that a $Ynop5is of this
'.as ?eer: published in fife Huntington
4,4 :t c ijce cri;h th C+
9
y matter of said city.
City Clerk