HomeMy WebLinkAboutORD 1388 ORDINANCE NO. 1388
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AMENDING SECTIONS 130.31, 130.34 and 139.37 OF CHAPTER 130: GENERAL
OFFENSES, OF TITLE XIII OF THE BALDWIN PARK MUNICIPAL CODE WITH
RESPECT TO NOISE REGULATIONS
WHEREAS, the City Council is desirous of changing the basic time for
enforcement of noise regulations from the current time of 7:00 p.m. to a later time of
10:00 p.m.;
WHEREAS, changing the time of enforcement to 10:00 p.m. will allow legitimate
and lawful uses to continue until a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Sections 130.31, 130.34 and 130.37 of the Baldwin Park Municipal
Code are hereby amended as follows:
§130.31 DEFINITIONS.
DAY. The time period from 7:00 a.m. of one day to 10:00 p.m. of the same day.
NIGHT. The time period from 10:00 p.m. of one day to 7:00 a.m. of the following day.
§130.34 AMBIENT BASE NOISE LEVELS
STANDARDS
Day Night
7:00 a.m. 10:00 p.m.
Zone -10:00 p.m. -7:00 a.m.
§130.37 SPECIAL NOISE SOURCES
(B) Radios, television sets, and similar devices. It is unlawful for any person within any
residential zone of the city to us or operate any radio receiving set, musical instrument,
phonograph, television set, or other machine or device for the producing or reproducing
of sound (between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following
day) in such a manner as to disturb the peace, quiet and comfort of neighboring
residents or any reasonable person of normal sensitiveness residing in the area.
Ordinance No. 1388
Page 2
(I) Machinery, equipment, fans and air conditioning. It is unlawful for any person to
operate any machinery, equipment, pump, fan, air conditioning apparatus, or similar
mechanical device (between the hour of 10:00 p.m. of one day and 7:00 a.m. of the
following day), use of which is attended by loud or unusual noises."
Section 2. The Mayor or presiding officer of the City of Baldwin Park City
Council is hereby authorized to affix his/her signature to this Ordinance signifying its
adoption by the City Council of the City of Baldwin Park.
Section 3. The City Clerk of the City of Baldwin Park shall certify to the adoption
of this Ordinance and cause the same to be posted at the duly designated posting
places within the City and published once within fifteen (15) days after passage and
adoption as required by law, or in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance
shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause
to be published the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of City Clerk.
Section 4. This Ordinance shall go into effect and be in full force and operation
from and after thirty (30) days from the date of its final passage and adoption.
Section 5. If any chapter, section, subsection, subdivision, paragraph, sentence,
clause or phrase, or portion of this Ordinance, or the application thereof to any person,
is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions of the application thereof to any person, be
declared invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park
this 21st day of September, 2016.
MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BALDWIN PARK )
I, Alejandra Avila, City Clerk, of the City of Baldwin Park, do hereby certify that
the foregoing Ordinance No. 1388 was introduced for first reading at a regular meeting
Ordinance No. 1388
Page 3
of the City Council held September 7, 2016 and was adopted by the City Council at its
regular meeting and adopted this 21st day of September, 2016 by the following vote:
AYES: COUNCILMEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
ABS(ATFN � CILMEMBE/S: None.
Alejan•ra A ila
City Clerk