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HomeMy WebLinkAboutAdopt Ordinance No. 3514 Amending Chapter 8.40 of the Huntin (2)MEETING DATE: October 15, 2001 ^: - ?u^S fafr (lj5> - s., yfripjT, ^^ DEPARTMENT ID NUMBER: PD-01-016 ^ ll-^~61 Council/Agency Meeting Held:__[o_l^_p^ Deferred/Continued to: •Approved a Conditionally Approved i^\\;/,rAkW^»j nr' fw\\ ^,?w^o 'f^-^,'35lll LI Denied ;fiu r -,>s 1S(.' ^-^I ignature Council Meeting Date:October 15, 2001 Department ID Number: PD-01-0169\\-^-°\ •- [?^sD OvQp. ^o> %'l^ -C7-^ CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: RAY SILVER, City Administrator<^? PREPARED BY: RONALD LOWENBERG, Chief of Police^ 1^-1 c-..c^ c^i r ;. SUBJECT:Adopt Ordinance/^- 35 /// of the City Coi! Huntington Beach Amending Chapter 8.40 ofthe-li Municipal Code Relating to Loud Noises 'the City of ^ untington Beach Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Adoption of Ordinance M). ^'v •'/ is requested in order to enforce infractions of Municipal Code Section 8.40.112 pertaining to loud noises. Funding Source: Not applicable Recommended Action: 1. Adopt Ordinance i^o. 3'^ l '-/• of the City Council of the City of Huntington Beach amending Chapter 8.40 of the Huntington Beach Municipal Code relating to loud noises. Alternative Action(s): Do not approve Ordinance / Jo. 3/' .'/of the City Council of the City of Huntington Beach amending Chapter 8.40 of the Huntington Beach Municipal Code relating to loud noises. RCA Ordinance for Loud Noises -2- 0' 9/27/01 6:24 PM ./j- REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: PD-01-016 Analysis: The Huntington Beach Municipal Code Section 8.40.112 pertaining to loud noises was last amended in December of 1993. Subsection (a) of the current code defines the types of noises from various devices, but is not criminally enforceable. Subsection (b) is vague and pertains to noises made by a person, but does define the penalties. Subsection (c) requires a warning by the Police Department, but does not have a specific time period for enforcement after the warning. The Police Department receives 20 calls for service daily regarding loud or unreasonable noises. In most cases, officers contact a responsible party and warn them that the noise must be abated. In approximately 15 of these calls, officers are requested to return to the same location for the same issue. The current Municipal Code Section regarding noise is mostly a definition section and does not allow for clear enforcement for repeat violators. This Ordinance will revise the current code and give the Police Department an enforcement tool to assist in resolving issues pertaining to loud or unreasonable noise. The amendment chapter defines the types of noise. It also defines a five-minute period that the noise will be allowed to continue between the hours of 10:00 p.m. and 7:00 a.m. Additionally, this revised code defines that if after a first warning by the Police Department, the problem persists or is repeated in the preceding 30 days, enforcement is allowed. Environmental Status: None Attachments): Ordinance AJo,3^ 'I J~ Legislative Draft RCA Author: Shawna Krone-Schmidt RCA Ordinance for Loud Noises -3-10/2/01 2:19 PM > >0I m =tfc 1"'Tf.>oJi>i1 i«.|5-" ORDINANCE NO. 3514 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.40 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO LOUD NOISES The City Council of the City ofHuntington Beach does hereby ordain as follows: SECTION 1. Section 8.40.1 12 of the Huntington Beach Municipal Code is hereby amended to read as follows: 8.40.112 Loud Noise. It shall be unlawful for any person to: (a) Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument, phonograph, CD, DVD, tape player, juke box, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of other persons. (b) Make or allow to be made any noise which continues for more than a five minute period between the hours of 10 PM and 7 AM if such noise is audible for fifty feet or more from the source of the noise. (c) Maintain, manage, or control any business or residential property in violation of sections (a) or (b). (d) Own, maintain, control, operate, take care or custody of, or otherwise provide any premises, and allow noise to continue after being informed, anytime within the preceding thirty days by the Police Department, that a violation of this chapter has been committed on said premises. (e) Violations of this section are hereby declared a nuisance. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City ofHuntington Beach at a regular meeting thereof held on the 5th day of November . ,2001. ^nn QivJLu^ ^pu^^ I^ayor ATTEST: APPROVED AS TO FORM: Clerk lf-l^-<City Clerk ||-1^-^ / f/j REVIEWED AND APPROVED: 'tf^3/ City Ad^iistrator t^p^^^ City Attorney "<$ -ss ~^1 INITIATED AND APP Olord/mc8-4-112/6/5/01 Ord. No. 3514 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City ofHuntington Beach, and ex-officio Clerk of the City Council of 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 15th day of October, 2001, and was again read to said City Council at a regular meeting thereof held on the 5th day of November, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None I, Connie Brockway ClTf CLERK of the City of Huntington Beach and ex-ofRcio Clerk of the City- Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on ,2001 In accordance with the City Charter of said City Connie Brockway, City Clerk Deputy City Clerk ^U, (^XA^^- City Clerk and ex-officio Clerk of the City Council of the City ofHuntington Beach, California g:/ordinanc/ordbkpg2001 .doc > >0I m -I ft ro ORDINANCE NO. ^^ / LEGISLATIVE DRAFT Chapter 8.40 NOISE CONTROL (1006-10/63, 1072-11/64, 1354-11/67, 1935-11/74, 2364-5/79,2379-7/79, Urg. 2434-5/80,2533- 2/82, 2788-9/85, 3131-4/92, 3216-12/93) Sections: 8.40.010 Declaration of policy 8.40.020 Definitions 8.40.030 Noise level measurement criteria 8.40.040 Designated noise zones 8.40.050 Exterior noise standards 8.40.060 Exterior noise levels prohibited 8.40.070 Interior noise standards 8.40.080 Interior levels of noise prohibited 8.40.090 Special provisions 8.40.095 Leafblowers 8.40.100 Schools, hospitals and churches—Special provisions 8.40.110 Air conditioning, refrigeration—Special provisions 8.40.111 Prohibited noises 8.40.112 Specific noises Loud Noise 8.40.120 Manner of enforcement 8.40.130 Variance procedure 8.40.140 Noise Variance Board 8.40.150 Appeals 8.40.160 Appeals-Notice of hearing 8.40.170 Action of council 8.40.180 Violations-Misdemeanor 8.40.010 Declaration of policy. In order to control unnecessary, excessive and annoying sounds emanating from incorporated 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, maintain or cause any noise in a manner prohibited by, or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such. (2379-7/79) 8.40.020 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: legisdrft/mcg-40/6/5/01 (a) "Ambient noise level" shall mean the all-encompassing noise level associated with a 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 property which is developed and used either in part or in whole for commercial purposes including, but not limited to, retail and wholesale businesses and professional offices. (c) "Cumulative period" shall mean an additive period or time composed of individual time segments which may be continuous 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 effort to protect, provide or restore safe conditions in the community 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 refrigeration 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 property which is developed and used in part or in whole for manufacturing purposes including research and development uses. (j) "Mobile noise source" shall mean any noise source other than a fixed noise source. (k) "Noise level" shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micropascals (micronewtons per square meter). The unit of measurement 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. legisdrft/mc8-40/6/5/01 (m) "Residential property" shall mean a parcel of real 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 characterized 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 often (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (2379-7/79) 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. (2379-7/79) 8.40.040 Designated noise zones. The properties hereinafter 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 institutional properties; Noise Zone 3: All commercial properties with the exception of professional office properties;and Noise Zone 4: All industrial properties. (2379-7/79) 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) 10p.m. -7a.m, 2 55 db(A) Anytime 3 60 db(A) Anytime 4 70 db(A) Anytime legisdrrt/mc8-40/6/5/01 (b) In the event the alleged offensive noise consists entirely 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). (2379-8/79, 2788-9/85) 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 standards: (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 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. (2379-7/79) 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: Noise 1 2, 3, Zone 4 Interior Noise Standards Noise 55 45 55 Level db(A) db(A) db(A) 7 10 Time Period a.m. -10 p.m. p.m. - 7 a.m. Anytime (b) In the event the alleged offensive noise consists entirely 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). (2379-7/79, 2788-9/85) 8.40.080 Interior levels of noise 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 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 minutes in any hour; legisdrt~t/mc8-40/6/5/01 (b) The noise standards 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 level, 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 property are within different noise zones, the noise standards of the affected property shall apply. (2379-7/79) 8.40.090 Special provisions. The following activities shall be exempt from the provisions of this chapter: (a) School bands, school athletics and school entertainment events, provided such events are conducted on school property 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; (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 adverse 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 permits issued by or regulations enforced by the Agricultural Commissioner; legisdrt~t/mc8-40/6/5/01 (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) Leafblower shall be governed by section 8.40.095. (3131-4/92) (j) Any activity or equipment to the extent that design regulation thereof has been pre- empted by state or federal laws. (2379-7/79) 8.40.095 Leafblowers. (3131-4/92) (a) Definitions. As used in this section, the following terms shall have meanings as set forth below: (3131-4/92) (1) "Leafblower" means any machine, however powered, used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. (3131-4/92) (2) "Parcel" means an area of real property with a separate or distinct number or other designation shown on a plat recorded in the office of the County Recorder. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section. (3131-4/92) (b) Unlawful to propel debris beyond parcel boundary. It shall be unlawful for any person to use or operate any leafblower in such a manner as to blow, dispel or make airborne, dust, leaves, grass cuttings, paper, trash or any other type ofunattached debris or material, beyond the parcel boundaries of the parcel being cleaned, unless the consent of the adjoining owner or person in possession is obtained. It shall be unlawful for any person to use or operate any leafblower within the City in such a way as to blow leaves, dirt and other debris onto the public rights-of-way or private property and to allow such debris to remain there in excess of thirty (30) minutes. (3131-4/92) (c) Special prohibitions. It shall be unlawful for any person to operate a leafblower within a residential zone or within one hundred feet of a residential zone of the City ofHuntington Beach, except under the following conditions: (3131-4/92) (1) Time restriction. Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8:00 A.M. and 8:00 P.M. on any day except Sunday or between the hours of 9:00 A.M. and 6:00 P.M. on Sunday or a federal holiday. (3131-4/92) (2) Distance restriction. Leafblowers shall not be operated within a horizontal distance often (10) feet of any operable window, door, or mechanical air intake opening or duct; (3131 -4/92) (3) Duration of use restriction. Leafblowers shall not be operated for more than fifteen (15) minutes per hour, per day, on parcels less than one-halfacre and no more than thirty (30) minutes per hour on parcels greater than one-halfacre up to legisdrtVmc8-40/6/5/01 one acre. Leafblowers shall not be operated for more than two (2) hours on parcels of one acre or more. (3131-4/92) (4) Number restriction. No person shall operate more than one (1) leafblower per parcel on one-half acre, no more than two (2) leafblowers on parcels greater than one-halfacre and no more than three (3) leafblowers on parcels greater than one acre or more. (3131-4/92) (5) The maximum decibel level of 70 dba as measured ten (10) feet from the leaf blower shall not be exceeded. (3131-4/92) 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 exterior 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. (2379-7/79) 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. (2379-7/79) 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. (3216-12/93) 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: (3216-12/93) (a) The level of the noise; (3216-12/93) (b) Whether the nature of the noise is usual or unusual; (3216-12/93) (c) Whether the origin of the noise is natural or unnatural; (3216-12/93) (d) The level and intensity of the background noise, if any; (3216-12/93) (e) The proximity of the noise to residential sleeping facilities; (3216-12/93) (f) The nature and zoning of the area within which the noise emanates; (3216-12/93) (g) The density of the inhabitation of the area within which the noise emanates; (3216-12/93) (h) The time of the day and night the noise occurs; (3216-12/93) (i) The duration of the noise; (3216-12/93) (j) Whether the noise is recurrent, intermittent or constant; and (3216-12/93) (k) Whether the noise is produced by a commercial or noncommercial activity. (3216-12/93) 8.40.112 Loud Noise. It shall be unlawful for any person to: ]egisdrft/mc8-40/6/5/01 (a) Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument, phonograph, CD, DVD, tape player, juke box, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of other persons. (b) Make or allow to be made any noise which continues for more than a five minute period between the hours of 10PM and 7AM if such noise is audible for fifty feet or more from the source of the noise. (c) Maintain, manage, or control any business or residential property in violation of sections (a) or (b). (d) Own, maintain, control, operate, take care or custody of, or otherwise provide any premises, and allow noise to continue after being informed, anytime within the preceding thirty days by the Police Department, that a violation of this chapter has been committed on said premises. (e) Violations of this section are hereby declared a nuisance. 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: (3216 12/93) (a)—Radios and phonographs. The using, operating or permitting to be played, used or operated any radio, receiving set, television set, musical instrument, phono graph, 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. (3216 12/93) (b)—Yelling and shouting. Yelling, shouting, hooting, whistlin.e: 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. (3216 12/93) legisdrft/mc8-40/6/5/01 (e)—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. (Urg. 2^ 5/80, 2788 9/85, 3216 12/93) 8.40.120 M:anner 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.(3216-12/93) If the Orange County Health Officer or his duly authorized representatives conduct db(A) tests or readings for purposes of enforcement, and the noise level is found to exceed those levels stipulated as permissible in this chapter, the owner or operator of the noise source shall be required to pay the cost of the db(A) tests or readings. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty. (2379- 7/79, 2533-2/82) 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 ownership, or several fixed sources on a single property may be combined 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 prosecution under the terms of this chapter until a variance is granted. (2379-7/79) 8.40.140 Noise variance board. The noise Variance Board shall evaluate all applications for variance from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements 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, limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determination said board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the legisdrt't/mc8-40/6/5/01 area ofimpingement 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. 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 quomm 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. (2379- 7/79) 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 variance, 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 the difference to the secretary and the secretary shall pay the amount of any excess to the applicant. (2379-7/79) 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 recommendation of the Health Officer; the notice of appeal; all evidence 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 discretion, 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. (2379-7/79) 8.40.170 Action of Council. Within sixty (60) days following 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 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. legisdrt-t/mc8-40/6/5/01 10 As part of its decision, the council may direct the Variance 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. (2379-7/79) 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 permitted 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 proscribed herein and shall not affect the enforceability of any other applicable provisions of law. (2379-7/79) 12/93 legisdrft/mc8-40/6/5/01 1 1 RCA ROUTING SHEET INITIATING DEPARTMENT: SUBJECT: COUNCIL MEETING DATE: Police Department Adopt Ordinance ^_5 /// of the City Council of the City of Huntington Beach Amending Chapter 8.40 of the Huntington Beach Municipal Code Relating to Loud Noises October 15, 2001 liiiiiiiiliiHiviHNisiiiiiijNiiilii"|il!iiiiiii Ordinance (w/exhibits & legislative draft if applicable) Resolution (w/exhibits & legislative draft if applicable) Tract Map, Location Map and/or other Exhibits Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Certificates of Insurance (Approved by the City Attorney) Financial Impact Statement (Unbudget, over $5,000) Bonds (If applicable) Staff Report (If applicable) Commission, Board or Committee Report (If applicable) Findings/Conditions for Approval and/or Denial liiiiiiillliiiiiii Attached Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable iiiumniiNiOR MISSING imnmiNm i^^iiiiiEiiEvviiin Administrative s^gff ^^/^y iRiiiiNiii raiwiRiii 1 1 C^U-.} Assistant City Administrator (Initial)1 1 City Administrator (Initial)1 1 City Clerk ^-:7/r^ iXili^N^10Nt©RRiiURN© (Below Space For City Clerk's Use Only) RCA Author: Shawna Krone-Schmidt September 3, 1963 b,i <0.6^ £9- { •'•••' r1' .Muni i-.r]: ':•'': !^e,". 1' ,i 1'X'- i '.!i' City of'1.08 Alamitos ' P.O. Box 147 Los Alamttos, California Attention: James M. Sad. th , /< City,Administrator , //Dear Sir: >>.:!i<i;.i ''' if; •L(- .•':,.;, . The City of Huntingt-pn Beach is now in the process of creating a "noise" ordinance. The first rough draft has been prepared by the City Attorney to be presented to the Council at tonight's meeting. We will keep your letter on file and forward a copy to you as soon as this Ordinance is passed and adopted. Sincerely yours, Paul C. Jones City Clerk pea:aw ORDINANCE No* 1006 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO NOISES AND ADDING ARTICLE 406 and NEW SECTIONS THEREOF. The City Council of the City of Huntington. Beaoh does ordain as follows: Section. 1. That Article 4o6 is hereby added to the Hunfcington Beach Ordinance Code, to read in words and fig- ures as follows: ABTICLE 406 NOISES Section 2. That the following new sections are here- by added to Article 4o6 of the Huntington Beaoh OrdirLan.o® Code to read in words and figures as follows: Section 4o6o. Declaration of Necessity. It is found and declared that: (a) The making and creation of loud, unnecessary or unusual noises within the limits of the City of Huntington Beach is a condition which has existed for some time and the extent and volume of such noise is increasing; (b) The making, creation or maintenance of such loud, A: unnecessary, urmafcural or unusual noises which are prolonged, unusual and unnatural in their time, place and use effect are 1. Ord. No.1006 a detriment to public hOalth, comfort, convenience, safety, welfare and. prosperity of the residents of the City of Hunt- ing ton Beach; and (o) The necessity in the public interest for the provisions and prohibitions hereinafter contained and en- acted, is declared as a matter of legislative determination and public policy, and it is further declared that the pro- visions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and pro- mating the public health, comfort, convenience, safety, wel- fare and the peace and quiet of the City of Huntington Beach and its inhabitants. Section 4o6l» Noises Prohibited* It shall be unlaw- ful for any person to make, continue, cause, or allow to be made or continued, any loud, unnecessary, or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others with- in the limits of the City and fche following acts and things, among others, are declared to be loud, disturbing, injurious and unnecessary noises in. violation of this part but said enumeration shall not be deemed to be exclusive, namely: Secfcion_Ao6l«J,. Horns, Signalinp; Devices, etc. The sounding of any hom or signaling device on any automobile, motorcycle, street car or other vehicle on any street or public place of the City, except as a danger warning; the 2. ^ Ord. No. 1006 creation by means of any such signaling device of any un- reasonably loud or harsh sound; and the.sounding of any such device for an unnecessary and unreasonable period of time. Section 4o6l«2. Bad.ios, PhonoKraphs, et^* The using operating, or permitting to be played, used or operated, any radio receiving set, television set, musical instrument, phonograph, juke box, or other maohin.e or device for the pro- duoing or reproducing of souncl in. suoh mamier as to distur'b the peace, quiet and. comfort of the neighboring inhabitants or at any time with louder volume than is necessary or oon- venient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto* The opera- tton of any such set, instrument» phonograph, machine or de- vice between the hours of eleven o'clock P:.M. and. seven o'clock A.PI. in such manner as to be plainly audible at a dis. tanoe of fifty (50) feet from the building, structure or ve- hide in which it is located shall be prima facie evidence of a violation of this section* Section 4o6l.3. Loud Speakers, Amplifiers, efco. Upon Pyblic^S between Hours of 6:00 P*M* and 10:00 A.M. The using, operating or permitting to be played, used or operated. of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound, which is cast upon the 3. Ord. No. 1006 public streets during the hours of 6:00 o*clock P.M. and 10:00 o*clook A.M. Section 4o6l.4. Loud. Speakers, amplifiers, etc. Upon Public Streets between Hours 10:00 A.N* and 6:00 P.M. Restrict- ion. The'using, operating or permitting to be played, used or operated of any radio, receiving set, musical instrument, phonograph, loud speaker, amplifier or other machine or de- vice for the prod-ucing of sound which is cast upon the public streets during the hours of 10:00 o'clock A.M. and 6:00 o'clock P.M. which emits more than ten (10) decibels of sound measur- ed. at a distance of fifty (50) feet. Section 4o6l*5, Yelling, Shoutine. efco. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11 P.M* and 7 A.M. or at any time or place so as to annoy or disturb the quiet, com- fort, or repose of persons in any office, or in dwelling, hotel or other type of residence, or any persons in the vioin- ity. Section 4o6l*6» Animals. Birds, etc. The keeping of any animal or bird. which by causing frequent or long oontin- ued noise shall disturb the comfort or repose of any persons in the vicinity* Section 4o6l.7.« Steam Whistles* The blowing of any locomotive steam whistle or steam whistle attached to any 4. Ord. No. 1006 stationary boiler except to give notice of time to begin or stop work or as a warning of fire or danger, or upon request of proper City authorities. Section 4(l6l.8. Exhausts. The discharge into the open air of the exhaust of any steam engine, internal corn- bustion engine stationary or mounted on wheels to run on rails or otherwise, motor boat, or motor vehicle through a muffler or other device which will result in loud or explosive noises therefrom* Seotion 4Q61.9* DefeGt_in Vehiole or Load, The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such mamier as to create loud and unnecessary grating, grinding, rattling or other noise. Section 4o6l,10. Loading. Unloading. ODening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and. de- struotion of bales, boxes, crates and containers. Section AQ61JJ,* Construction or Repairing; of Build- ings. The erection, (including excavating), demolition, al- teration or repair of any building other than between the hours of 7 A,M* and 6 P.M. on week days, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, ~} Ord. No. 1006 which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspeot- or should determine that the public health and safety will not be impaired, by the erection, demolition, alteration or repair of any building or the excavation of streets and high- ways within the hours of 6 P,M* and 8:00 A.M* and if he shall further determine that loss or inconvenience would result to any part in interest, he may grant permission for such work to be done within the hours of 6 P.M. and 7 A.M. upon appli- oation being made at the time the permit for work is awarded. or during the progress of the work. Section 4o6l.l2. Schools, Courts, Churches, Hospitals* The crestlon of any excessive noise on any street adjacent to any school institufcion of learning, church or Court while the same are in use, or adjacent to any hospital, which im- reasonably interferes wi.th the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets in- dioating that the same is a school, hospital or court street. Section 4o6l.l3. Hawkers, Peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and <luiet of the neighborhood. 6. Ord. No* 1006 Section 4o6l .14 • Drums.. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. Section 4o6l»15* Metal Bails, Pillars and Colum.ns, Transportation Thereof. The transportation of rails, pillars, of columns of iron, steel or other material, over and along streets and other public places upon carts, drays, oars, trucks, or in any other manner so loaded as to cause loud. noises or as to disturb the peace and quiet of such streets or other public places. Section 4o6l.l6. Street Railway Cars* Operation Thereof* The causing, permitting or continuing any excessive, unnecessary and. avoidable noise in the operation of a street railway car* Section 4.06l»17. Pile Drivers, Hammers, etc. The operation between the hours of 6 P.M. and 7 A.M. of any pile driver, steam or gasoline shovel, pneumatlo hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise. Section 4o6l«18. Blowers. The operation of any noise-oreating blower,'power fan or any internal combustion engine, the operation of which causes noise due to the explo- sion of operating gases or fluids, unless the noise from 7. Ord. No. 1006 such blower or fan is muffled and such engine is equipped with a muffler device, sufficient to deaden such noise. Seotion 4o6l.l9, Compressor, Fans, etc. The use of any eleotrioally operated oompressor, fan, or other de- vice between the hours of 6 o'clock P.M. and 7 o'clock A«M. In such a manner as to produce noise or vibration so as to annoy or disturb the quiet, comfort, or repose of persons in the area or neighborhood. SectionAo6l^20. Sand and Gravel, Removal. No person shall excavate or remove any sand or gravel from any residence lot or property within the City, unless & per- mit shall first have been granted by the Council for such excavation or removal. Seofcion 4o6l•21. Penalty., Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fin® of not more than Five Hundred. Dollars ($500.00) or by imprison- ment in the City or County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Section 3. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and cir- 8. Ord. No. 1006 I f oulated in the City of Huntington Beach, California, and. thirty (30) days after the adoption, thereof, the same shall take effect and be in force* PASSED AND ADOPTED by the City Council of thsCity of Huntingfcon Beach, California, this 16th day of September , 1963* Mayor ' ATTEST: . ^L^ S. "City Cl^k 8. Ord. No. 1006 STATE OF CALIFORNIA ) County of Orange ) ss City of Himtington Beach ) I, PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Hunfcington Beach and ex- offioio 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 Himtington Beach is five; that the foregoing ordinance was read to said City Council at a regu- lar meeting thereof held on the 3rd day of J|ig^^mber,1963, and was again read. to said City Council at a regular meeting thereof held on the 16th day of September , 1963, and was passed iand adopted by the affirmative vote of more than a majority of all the members of said City Council* AYES: Comioilmen: Wells, Gisler, Stewart^ Welch, Lambert NOES: Couaollmen: None ABSENT: Councilmen: None ^^< City Clerk and^x-offlolo Clerk of the City Council of the City of Huntingfcon Beach, California —n"""y CITY OF P.O. BOX-W& 269 /•/'X- /->. ?/-, ./-/• COUNCILMEN ROBERT M. LAMBERT, MAYOR ERNEST H. GISLER JAKE R. STEWART THOMAS H. WELCH LYNDON A. WELt-S, SR. '-(/rwl^/)z ^)eao/z CALIFORNIA August 16, 1963 CITY CLERK PAUL C. JONES TREASURER BETTV DIEKOFF Honorable Mayor, City Council and City Administrator P. 0. Box 190, City Hall, Huntingfcon Beach, California ^-3 /' f OFFICIALS ^ / DOYLE MILLER ADMINISTRATIVE OFFICER BRANDER D. CASTLE ASSISTANT ADMINISTRATOR JAMES R. WHEELER ENGINEER JAMES D. PLUNKETT CITy ATTORNEY HOWARD ROBIDOUX POLICE CHIEF DELBERT G. HIGGINS FIRE CHIEF VINCENT G. MOORHOUSE UFBGUARD CHIEF OLL1N C. CLEVELAND BUILDING DIRECTOR W1LLIS C. WARNER PLANNING DIRECTOR Be: Noise Ordinance Gentlemen: As requested at the last Counoil meeting, en- closed herewith is a draft of an ordinance which regulates noises within the City, for your study and comment* As you can see, the ordinance covers many more situations than merely sounds being amplified on the public streets. However, it is our feeling that the present ordinances are lacking with respect to other noises and additional provisions and restrictions are called for. ^Yours very truly, )^f. A^ ^/^z^y N. KEATE WOBLEY, / Asst.City Attorney MKW:h Q-5 "Shhh! Vhis is HiMlsli-Huslii Council Plans to Outlaw Noise By JACK BROBACK Loud, unnecessary, unnat- ural and unusual noises will no longer disturb the residents I of. Huntington .Beach. The City Council has taken the first step toward approval of a new anti-noise law that covers almost every sound 'conceived and executed by ! man or beast. Among things prohibited are auto horns, except as' a [danger warning; loud radios, I televisions sets, phonpgraphs, Ijuke boxes and musical in- struments; yelling, shouting, [hooting, whistling or smging; animals or birds which give [forth with long continued noise, steam whistles, loud auto exhausts and the original target—hawkers and peddlers. [COMPLAINT The City Counci] instructed ! City Attorney Jerry PIunkett to (|raw up the ordinance sev- eral weeks ago when Mrs, I Eugenie Maxwell, 8661 Salem [Circle, complained of^e^wy cessant noise in. her faeighbor-s I hood of ice cream and balsery^ i trucks. The new law in its declara- tiopi of necessity points out that "the making of loud, un- necessary or unusual noises within the city limits has ex- isted for some time and the extent and volume of such noise is increasing". It further declares that "the making, creation or mainten- j ance of such loud, unneces- sary, unnatural and unusual noises which are prolonged . . .are a detriment to pubUc health, comfort, convenience, safety, weMare arid prosperity | of the residents of the City of Huntington Beach." Having thus established the need for eliminating them the •^HWn^WlH \U MAVt^n^ »»mw^»x' ^\\>\t^\?\* \^V/M^ii)f ^'iA/tilH).' ^^hMW»*Wniff^W»MJIhW(i>l^?k'wwwwi fwyiniw > \\nMhwn)"it fc.ii^lw^... ,\l»/>wmtmwih. ^Mt/ W»n\ntr»K\U"A«« \\W\\)i| WUWKlvihfH 1^\'\ (Hi \\Hu\.w^ tmn-uwi a\»i lu ^\t\\\\\it^\t<Ul\w.- law then lists almost every conceivable noise. The provision covering ra- dios, phonographs, • TV sets and musical -instruments or- ders that they shall not dis- turb the peace and quiet of neighbors or be louder than necessary to. be heard by a person in a room pr vehicle. Loud music, at night is pro- hibited from 11 p.m. to 7 a.m. if it can be heard 50 feet from any building. Ice cream peddlers, with their repeated nursery rhyme tunes, are entirely prohibited between the hours of 6 p.m. and 10. a.m. Between 10 a.m. and 6 p.m. they are limited to sounds below 10 decibels at 50 feet. There was no am- plification on exactly how loud that is. Yelling, .shouting, hooting, whistling or singing in the public streets is banned, par- ticularly between the hours of 11 p.m. and 7 a.m., but also at any time it annoys or dis- turbs the quiet or comfort of persons in any office, dwel- ling or hotel, or any persons in the vicinity of the noise. OTHER DIN .Among other disturbances covered in the all-inclusive list are any vehicle loaded or so out of repair as to ere- ate loud and unnecessary grating, grinding, rattling or other noise; noise in connec- tion with loading or unload- ing any vehicle or the open- ing and destruction of bales, boxes, crates or containers; construction or demolition of buildings except between the hours of 7 a.m. to 6 p.m. on weekdays; drums used to at- tract attention, and street railway cars. The new law was given first reading by the city ,coun- cil Tuesday. It would become effective in about six weeks.