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HomeMy WebLinkAboutOrd 3216 - Amending Huntington Beach Municipal Code Chapter REQUEST FOR CITY COUNCIL ACTION Date Oc=er 1@, 1993 Submitted to HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Submitted by GAIL HUTTON, City Attorney APPROVED BY CM COUNCIL Prepared by: _GAIL HUTTON, City Attorney // — / lgfi Subject. NOISE ORDINANCE C K 4s,-4 //1i/93 Consistent with Council Policy > [X ] Yes [ ] New Policy or Exception dt� q*o Statement of Issue Recommendation Analysis Funding Source Alterntative Actions Attachments STATEMENT OF ISSUE Replacement of unconstitutional noise ordinance. RECOMMENDATION: Adopt new ordinance. ANALYSIS Following a conviction, a defendant appealed the constitutionality of one aspect of the noise ordinance. The Superior Court Appellate Division agreed and found the law too vague. The court's opinion recommended we follow a Los Angeles ordinance. We have amended the noise ordinance to conform to the Los Angeles model. FUNDING SOURCE N/A ALTERNATIVE ACTION Decline to have a city noise ordinance ATTACHMENTS Superior Court opinion. Mann case. } 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; 1 wbs1notse/10/20193 Q) Whet0he noise is recurrent, intermittent,wonstant; and (k) Whether the noise is produced by a commercial or noncommercial ! activity. i 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 honograohs. The using, operating or permitting to be played, used or operated any radio, receiving set, television set, ' i musical instrument, phonograph, juke box or other machine or device for producing or reproducing sound in such manner as to i 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, i 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 i in which it is located shall be prima facie evidence of a violation of this section. (b) Yelling and shoutino. 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. 2 wbs/noisrl1on0193 (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: City Clerk City Attorney �1(7,31a'5 ti-a3- 3� R IE AND APPR ED: INITP,,TED AND 1�PROVED: ity Adminis rato City Attorney 3 wbs/nolse)oano/BJ • 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 meeting therof held on the 10T day of pCTpBEg 1993 and was again read to said City Council at a regular meeting therof held on the 1ST day of NoyEMBER , 19 93 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Robitaille Bauer Moulton-Patterson, Winchell,Silva, Sullivan, Leipzig NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-offici6rClerF of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT 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 cause to be made or continued, seRtiaaed any loud, unnecessary, or unusual OF 1-IRFease.n.able noise which aRROYS, isturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area., AR 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; 4 wbs/noise/09/22/93 (j) Whether the noise is recurrent, intermittent, or constant; and (k) Whether the noise is produced by a commercial or noncommercial activity. 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. 5 wbs/noise/09/22/93 (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. 6 wbs/nois OW22/93 { 'qx, '-�'yx.-• D1A\N v. ACK 299 155 CalApp•3d 671 Cite u 20I CaLRptr.296 (C.LApp.2 Diet. 1983) ' ti plained about the noise to the police on ing problem; that it had been continuous 1 r 3§ iF°+ numeren ous occasions. As a result, the or a ength of time,ethao t ethereoca toneon '3 •+. '-•" Manns' house became x regular slop on the o S Local co stabulary's beat. ✓ -i 4,'• bo tmt ar complaints. The watch = =e, `r• Alai ti fs viewed the r/1utine investiga commander read the provisions of Los An- ' <,y. $ " . dons by the police e`k's routine com- geles Municipal Ordinance section 116.01 ' ;.' . anon and inti ' ul- over the phone to Officer Hoefel. Officer 1sn plaints as harassment j; n. ttma y, as an alle ed de rivation of their J S#' Hoefel determined that the noise emanat- ; S g .i4; I cons t uuonal rights. One incident in par- ing from the Mann's garage was unreason- i %e: l\ icuar ratsec t[e . arms' ire. ably loud, in violation of Los Angeles Mu- nicipal Code section 110.01, and constituted On May 14, 1977. the band began practir 69: 3 ing around b or 7 p.m. Mr. Mack described a disturbance of the peace, in violation Of ;. i•,i;•. P 415. the noise as, ".. . coming from the Manns' Penal Cede sections 14 t ando the Manns' nns' house garage, there were large amplifiers and Officer Hoefel went t -�, "' {,.... musical instruments in there. And the and knocked on the front door. When no t F• hear the one answered, Officer Hoefel and his part- noise was so loud that we couldn't l� Ia. television. We couldn't talk in our house. nee walked to the gate oC the chain link Just very loud noise. Very disturbing." fence which Was located in front of the nMr. Mack first went over to the Mann Mann garage. They waited until there was` house and rang the doorbell. When no one a break in the music and then knocked on (_ answered, he returned W his own house the chain link fence with a metal flashlight. and called the police. Los At police Darien Mann came to the gate. Officer "- Officer Richard K. Hoefel and his partner Hoefel asked him his name and Darien I, •' ",K%' responded to Mr. Mack's complaint at ap- refused to give it, although he eventually 4 proximately 8 p.m. As they approached revealed his identity. However, he admit- y7, . the Mann house, the}' could hear the band Led that he was playing the music inside playing loudly from approximately a half the garage. Officer Hoefel told him his ;: '•. band was disturbing the peace and asked -� block away. Inside Mr. htack's house, Of- g rficer Hoefel found that, even with the win- him to get the other band members and r down closed, he could hear the band and come outside to the front of the house to ' was forced to converse with ilir. \tack in a talk to the officers. Darien complied. The it loud voice. four boys walked into the Mann house and three of them came out onto the front 4 Officer Hoefel visited two other neigh- •'.' Darien was not with them. The hors of the Manns and found that they also porch. had complaints about the noise. Officer front door of the house was open. Officer Hoefel telephoned his watch commander Hoefel walked into the house and down a g _ f and reported the situation. He told him hallway to a bedroom. The door to the a " that the noise level was "very loud," and bedroom was open and he saw Darien in. that Mr. Mack stated "that it was an ongo- side the room. The young man appeared to ❑ (b) Whether the nature of the noise is usual or r. .; gv Los Angeles Mu 7• f P provides as o ows: "Notwithstanding any out unusual; [V)(c) Whether the origin of the noise -; •a I cr provisions of this chapter and in addition is natural or unnatural; [¶) (d) 'Che level and thereto, it shall be unlawful for any person to intensity of the background noise,if any: [gI(e) ,y n r 'T willfully make or continue,or cause to be made The proximity of the noise to residemiar slec : - [ or continued, any loud, unnecessary, and un- in facilities; [d] (� The nature and zong usu_al oise which dis the peace or quiet of t e area within which the noise emanates; [¶] n any neighborhood or which cauus disco n (g) The density of the inhabitation of the area _ t`g or annoyance to any r�nable crso of nor. within w ¢ t c noise emanates: [¶] (h) The L —' mar s<nstuveness residing m t e area. ¶] The time of the day and night the noise occurs; [t 1 R. Whether �• standard which may be considered in determin. (i)yl'he duration of the noise; [11] (I) ; it ing whether a violation of the provisions of this the noise is recurrent, intecu7ittent,or constant; - section exists may intrude,but not be limited to, {� and HI) (it) Whether the noise is produced by a j•�\ commercial or nonco mercial activity:' [ the following: (Tl(a)The Ic_cr of the noise; [$] 4r a::.u- W2 CaI.Rplf.—!