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HomeMy WebLinkAboutOrdinance #2788 ORDINANCE NO. 2788 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 8.40.050, 8.40.070 AND 8.40. 111, ALL RELATING TO NOISE 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 sections 8.40.050, 8.40.070, and 8.40.111 to read as follows : 8.40 050 Exterior noise standards. (a) 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. 2 55 db(A) Anytime 3 60 db(A) Anytime 4 70 db(A) Anytime (b) In the event the alleged offensive noise consists en- tirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db(A) . 8.40. 070 Interior noise standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all real property within a designated noise zone: 1. II 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. 2, 3, 4 55 db(A) Anytime (b) In the event the alleged offensive noise consists en- tirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db(A) . 8.40.111 Prohibited noises. Notwithstanding any other provision of this chapter, and in addition thereto it shall be unlawful for any person to make, continue, cause or allow to be made or continued, any loud, unnecessary, unusual or unrea- sonable 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: (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 per- sons who are in the room, vehicle or chamber in which such ma- chine or device is located and operated, and who are voluntary listeners thereto. The operation of any such set, instru- ment, 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 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. (b) Yelling and shouting. Yelling, shouting, hooting, whistling or singing on the public streets, particularly be- tween 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 per- sons in any dwelling, hotel or other type or residence, or of- fice, or any persons in the vicinity, is hereby declared a nuisance. 2. 4 I (c) Maintaining noisy premises. It shall be unlawful for any person who owns, maintains, controls, operates, has care or custody of, or otherwise provides any public or private prem- ises, who, being present, allows noise to continue after first being informed by the police department of any of the viola- tions 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 ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August 1985. Mayor ATTEST: APPROVED AS TO FORM: /iX/w City Clerk �-,W City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administr o Chief-of Police ahb; 7/25/85 3569/0676L I 3. Ord. No. 2788 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 Adjourned meeting thereof held on the 6th day of August 19 85, and was again read to said City Council at a regular meeting thereof held on the 19th day of August 19 85 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: None NOT VOTING: Councilmen: Mandic • Ct�G%/ City Clerk and ex-officio 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•officlo Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published In the Huntington Beach Independent on pp GG In accorcttr;;e with the City Char ter of ::z:d fi`;ty. ALICIA M. WENTWORTH ................................... . • City Gierit .......................... .. ..w...... ............... Do" City Clerk