HomeMy WebLinkAboutOrdinance #3216 /S�rUwCs'
ORDINANCE NO. 3216
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.40 OF THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 8.40.111 AND
8.40.120 AND ADDING 8.40.112 RELATING TO 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 amended to read as follows:
8.40.111 Prohibited Noises. Notwithstanding any other provisions of this
chapter and in addition thereto; it shall be unlawful for any person to willfully
make or continue, or cause to be made or continued, any loud, unnecessary, or
unusual noise which disturbs the peace or quiet of any neighborhood or which
causes discomfort or annoyance to any reasonable person of normal
sensitiveness residing in the area.
The standard which may be considered in determining whether a
violation of the provisions of this section exists may include, but not be limited to,
the following:
(a) The level of the noise;
(b) Whether the nature of the noise is usual or unusual;
(c) Whether the origin of the noise is natural or unnatural;
(d) The level and intensity of the background noise, if any;
(e) The proximity of the noise to residential sleeping facillities;
(f) The nature and zoning of the area within which the noise
emanates;
(g) The density of the inhabitation of the area within which the noise
emanates;
(h) The time of the day and night the noise occurs;
(i) The duration of the noise;
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(j) Whether the noise is recurrent, intermittent, or constant; and
(k) Whether the noise is produced by a commercial or noncommercial
activity.
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8.40.112 Specific Noises. 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 permitting 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 device 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 of residence, or office, or any persons in the
vicinity, is hereby declared a nuisance.
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(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 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.
8.40.120 Manner of Enforcement. Except for sections 8.40.111 and
8.40.112, the Orange County Health 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.
SECTION 2. This ordinance shall take effect thirty days from the date of
its passage.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 1st day of
November 1993.
Mayor
ATTEST: APPROVED AS TO FORM:
64
City Clerk ity ttorne ��z31a'5
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R E AND APPR ED: INITI TED AND I PROVED:
ity Adminis rato" K city Attorney
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3216
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Ord. No. 3216
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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
_Adi meeting therof held on the 25th day of OCTOBER
1993 and was again read to said City Council at a regular
meeting therof held on the 1ST day of NovEM8ER 19 93 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
nCil t
AYES: Councilmembers:
Robitaille Bauer Moulton-Patterson Wi.nchell Silva Sullivan Leipzig
NOES
: Councilmembers:
None
ABSENT: Councilmembers:
None
i, fonrge Brotkmay CITY GLFRK of the fifty of
Huntington Beach and ex-officio CWk of the City
Council,do hereby ceriif;that a synopsis of this 6 �
ordinance has been punished in the Daily Pilot on
City Clerk and ex-offi ci Clerk
In asoordame with the City Charter of said Co. of the City Council of the City
of Huntington Beach, California
Connie Brockway
City Clerk
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