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HomeMy WebLinkAboutORD 1114ORD 1114pT3(퓬i ORDINANCE NO. 1114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTION 130.30, NOISE CONTROL" OF THE MUNICIPAL CODE APPLICANT: CITY OF BALDWIN PARK). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Sections 130.300 through 130.396, Noise Control" of the Municipal Code are amended to read as follows: NOISE CONTROL 130.300 Policy Declaration 130.310 Definitions 130.320 Sound Level Measurement 130.330 Noise Measurement Procedures 130.340 Ambient Base Noise Levels 130.350 Loud, Unnecessary and Unusual Noise 130.360 violations Additional Remedies Injunctions 130.370 Special Noise Sources 1 30.380 Vehicles 130.390 Sound Amplifying Equipment Applicability 130.391 Commercial Activities 130.392 Noncommercial Activities 130.393 Use of Sound Amplifying Equipment: Compliance With Law 130.395 Fees for use of Police Personnel at Load or Unruly Assemblages 130.396 Sound Amplification Systems 130.300 POLICY DECLARATION. It is declared to be the policy of the city to prohibit unnecessary, excessive and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry and, in the public interest, such noise levels shall be systematically proscribed. 130.310 DEFINITIONS. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. A) AMBIENT NOISE is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, ambient noise level" is the level obtained when the noise level is averaged over a period of fifteen minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. B) *A WEIGHTED SOUND PRESSURE LEVEL means the sound pressure level as measured with a sound meter using the A"-weighting network. The standard notation is dBA. C) COMMERCIAL PURPOSE means and includes the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition or event, for the purpose of demonstrating any such sound equipment. BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05 ORD 1114pT3(퓬iORDINANCE NO. 1114 PAGE 2 D) COMMERCIAL ZONE means an area designated as neighborhood commercial C-i), central business district CBD), general commercial C-2), or freeway commercial FC) on the city of Baldwin Park zoning map. E) CYCLICALLY VARYING NOISE means steady or non-steady noise which varies in amplitude such that the same sound pressure level is obtained repetitively at reasonably uniform intervals of time. A beat is one class of noise. F) DAY means tie time period from seven a.m. of one day to seven p.m. of the same day. G) DECIBEL dB) means a unit for expressing the ratio between two quantities of acoustical signal powers; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. H) EMERGENCY WORK means work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service. Z IMPULSE" SOUND means a short<duration sound such as might be produced by the impact of a drop hammer or a piledriver) with one second or less duration. J) INDUSTRIAL ZONE means an area designated as commercial manufacturing CZ), office industrial 01), industrial commercial IC) or industrial 1) on the city of Baldwin Park zoning map. K) MOTOR VEHICLES includes, but is not limited to, automobiles, trucks, motorcycles, mini bikes and go-carts. L) NIGHT means the time period from seven p.m. of one day to seven a.m. of the following day. M) NONCOMMERCIAL PURPOSE means the use, operation or maintenance of any sound equipment for other than a commercial use." Noncommercial purpose" means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes. N) PER$ON means a person, firm, association, co partnership, joint venture, corporation, or any entity, public or private in nature, excluding the city of Baldwin Park. 0) PROPERTY BOUNDARY LINE means an imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person and its vertical extension. This includes multiple-family dwelling units, with the property boundary being the wall separating the adjoining dwelling units. P) PURE TONE means a sound wave whose instantaneous sound pressure varies essentially as a simple sinusoidal function of time. Q) RESIDENTIAL ZONE means an area designated as single family residential zone R-l), residential garden RG), or high density multiple-family residential zone R-3) on the city of Baldwin Park zoning map. R) SOUND is the sensation perceived by the sense of hearing. For the purpose of this chapter, the terms sound" and noise" shall be used synonymously. S) SOUND AMPLIFYING EQUIPMENT. Any device or equipment which amplifies the volume of any sound. BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05 ORD 1114pT3(퓬iORDINANCE NO. 1114 PAGE 3 m SOUND LEVEL noise level) expressed in decibels dB) is the sound measured with the A"-weight scale and with slow response by a sound level meter. U) SOUND LEVEL METER means an instrument including a microphone, an amplifier, an output meter, and A" frequency weighting networks for the measurement of sound levels, which satisfies the pertinent requirements in American Standard Specifications for Sound Level Meters SI4-1971 or the most recent revision thereof. v() SOUND PRESSURE LEVEL is twenty times the logarithm to the base ten of the ratio of the root-mean-square sound pressure to the reference pressure, which is twenty micronewtons per square meter. w) SOUND TRLICK means any motor vehicle or any other vehicle, regardless of motive power, whether in motion or stationary, which carries, is equipped with or which has mounted thereon, or attached thereto, any sound amplifying equipment for commercial, political or charitable purposes. Z STEADY NOISE means noise for which the sound pressure level remains essentially constant during the period of observation. It does not vary more than six dBA when measured with the slow" meter characteristic of a sound level meter. 130.320 SOUND LEVEL MEASUREMENT. Any sound level measurement made pursuant to the provisions of this chapter shall be measured red with a sound level meter using the A" weighting and response as indicated in Section 130.310(U). 130.330 NOISE MEASUREMENT PROCEDURES. The following procedures shall be utilized for measuring and evaluating exterior noise in the city unless otherwise specified in this chapter: A) Noise measurements shall be conducted any time during the day or night when the suspect noise source is in operation. B) The location selected for noise measurement shall be on the noise receptor's property line at a point appproximately ten feet from any building, wall or obstruction trees, bushes, etc.). C) No individual other than the operator shall be within ten feet of the sound level meter during the measurement period. D) The sound level meter shall be calibrated in accordance with the manufacturer's instructions. E) With the noise source in operation, the operator shall record the instantaneous response at fifteen-second intervals or less, for a period of fifteen minutes or greater. Or, for a noise source in operation for less than fifteen minutes, the Operator shall record the instantaneous response at fifteen-second intervals or less for the time the noise source is in operation. F) The suspect noise source shall only be measured for a violation of this ordinance when it is five dBA or greater than another noise source within the measurement vicinity. G) The corrective factors set forth in Section 130.340(B) shall be applied to the noise standard established for the specific noise zone. H) The suspect noise level shall be compared with the standards in Section 130.340(A). If the noise level generated from the suspect noise source exceeds the standard, the suspect noise source shall be considered to be in violation of this chapter. BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05 ORD 1114pT3(퓬iORDINANCE NO. 1114 PAGE 4 130.340 AMBIENT BASE NOISE LEVELS. A) It is unlawful for any person within the city of Baldwin Park to make, cause or allow to be produced noise which is received on property occupied by another person within the designated zone, in excess of the following levels, except as expressly provided otherwise herein: STANDARDS DAYNIGHT ZONE7:00AM 7:00PM7:00PM 7:00AM R-I55 dBA45 RG and R-360 dBA55 COMMERCIAL65 dBA60 INDUSTRIAL70 dBA70 At the boundary line between a residential property and a commerdal and manufacturing property, the noise level of the quieter zone shall be used. B) CORRECTIONS TO NOISE LIMITS. The numerical limits given In subsection A) of this section shall be adlusted by the following corrections, where appropriate: Noise ConditionCorrection in dB) I. Repetitive impulsive noise, pure tones and sound with cyclically varying5 amplitude. 2. Steady whine, screech or hum. 5 The following corrections apply to day only: 3. Noise occurring more than 5 but less than 15 minutes per hour. +2 4. Noise occurring more than I but less than 5 minutes per hour. +5 5. Noise occurring less than I minute per hour. +7 130.350 LOUD, UNNECESSARY AND UNUSUAL NOISE. Notwithstanding any other provision of this chapter, and in addItion thereto, it is unlawful for any person to wilfully make or continue, or cause to be made and continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to residents ofthe area. The standards which shall 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 ofthe noise is usual or unusual, C) The nature and zoning of the area within which the noise emanates; 0) The density ofthe inhabitation of the area within which the noise emanates; E) The time of day or night the noise occurs; F) The duration of the noise; BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05 ORD 1114pT3(퓬iORDINANCE NO. 1114 PAGE 5 G) Whether the noise is recurrent, intermittent, or constant; and H) Whether the origin of the noise is natural or unnatural. 130.360 VIOLATIONS ADDITIONAL REMEDIES INJUNCTIONS. As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction 130.370 SPECIAL NOISE SOURCES A) Horns and signaling devices. It is unlawful for any person to sound any horn or signaling device on an automobile, motorcycle or other vehicle on any street or public place of the city,, except as a danger warning; to create by means of any such signaling device any unreasonably loud or harsh sound; to sound any such device for an unnecessary and unreasonable period of time; to use any signaling device except one operated by hand or electricity; to sound any horn, whistle or other device operated by engine exhaust; and to use any such signaling device when traffic is for any reason held up. B) Radios, television sets, and similar devices. It is unlawful for any person within any residential zone of the city to use or operate Any radio receiving set, musical instrument, phonograph, television set, or other ma- chine or device for the producing or reproducing of sound between the hours of seven p.m. of one day and seven 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. C) Animals and fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood. D) Exhausts. It is unlawful for any person to cause emission into the open air of the exhaust from any motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. E) Construction of buildings and projects. It is unlawful for any person within a residential zone, or within a radius of five hundred feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any piledriver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of seven p.m. of one day and seven a.m. of the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a permit therefor has been duly obtained from the Department of Public Works. No permit shall be required to perform emergency work as defined in Section 130.310(H). F) Hawkers and peddlers It is unlawful for any person within the city to sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. 0) Drums. it is unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city,. This section shall not apply to any person who is a participant in a school band or duly licensed parade or who has been otherwise duly authorized to engage In such conduct. BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05 ORD 1114pT3(퓬iORDINANCE NO. 1114 PAGE6 H) Schools, churches, libraries, hospitals and convalescent homes. It is unlawful for any person to create any noise on any city street, sidewalk, or public place adjacent to any school, institution of learning, church or library while the same is in i:Ze or adjacent to any hospital or convalescent home, which noise unreasonably interferes with the working of such institution or which disturbs or unduly annoys patients in such medical facilities, provided conspicuous signs are placed in such streets, sidewalks or public place indicating the presence of these facilities. I) Machinery, equipment, fans and air conditioning. It is unlawful for any person to operate any ma- chinery, equipment, pump, fan, air conditioning apparatus, or similar mechanical device between the hours of seven p.m. of one day and seven a.m. of the following day), use of which is attended by loud or unusual noises. J) Exceptions. There are exempted from this chapter the following: 1) Lawfully conducted parades; 2) Emergency work as defined in Section 130.310(H): 3) Aircraft flight operations; 4) Bells, chimes or carillons while being used in conjunction with religious services; 5) Commercial motor vehicle operations: 6) Emergency energy release devices; 7) Speed or endurance events authorized by the city of Baldwin Park, involving motor or other vehicles; 8) Surface carriers engaged in commerce by railroad, except for horns and whistles operated within city limits: 9) Systems used to warn community of attack or imminent public danger such as flooding or explosion; 10) Any noise or situation within the scope of Sections 23130 or 23109 of the vehicle Code of the state. 130.380 VEHICLES A) Vehicle repairs. It is unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle between the hours of seven p.m. of one day and seven a.m. of, the next day) in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance. B) Motor driven vehicles. It is unlawful for any person to operate any motor driven vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section. 130.390 SOUND AMPLIFYING EQUIPMENT APPLICABILITY. No Person shall use sound amplifying equipment within the city, except in compliance with the provisions of this subchapter. 130.391 COMMERCIAL ACTIVITIES. A) No person shall use any sound amplifying equipment for the purpose of advertising the sale or lease of any goods, wares, merchandise or services, except: 1) Within an enclosed building in a manner permitted pursuant to 130.394; or 2) If the sound amplifying equipment is affixed to, or mounted in, a motor vehicle, and the goods, ware. or merchandise being advertise far sale are available In the vehicle; end the sound being amplified a sound, other than the human voice, which is customarily utilized In conjunction with the sale, by vehicle, or BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05 ORD 1114pT3(퓬iORDINANCE NO. 1114 PAGE 7 such goods wares and merchandise; provided, that the activities may be conducted only between the hours of 10:00 am. and 10:00p.m. of any day. B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. 130.392 NONCOMMERCIAL ACTIVITIES. The use of sound amplification equipment for noncommercial activities shall be permitted, subject to the following: A) That such use shall be permitted only when the sound amplifying equipment is mounted in or affixed to, a motor vehicle. B) That such use shall be permitted only between the hours of 10:00a.m. and 10:00 p.m. of any day. 130.393 USE OF SOUND AMPLIFYING EQUIPMENT; COMPLIANCE WITH LAW. Nothing contained in this subchapter shall be deemed to prohibit the use of sound amplifying equipment, or other similar equipment, by any person at his place of residence, if the use is in compliance with the provisions of 130.394. 130.395 FEES FOR USE OF POLICE PERSONNEL AT LOUD OR UNRULY ASSEMBLAGES. When any loud or unruly assemblage occurs or is held, and the city's*s police officers are required to respond to the scene in response to citizen complaints and the senior police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, then that senior police officer shall notify the owner of the property and/or the person in charge of the properly where the assemblage exists, and/or the person responsible for the assemblage, and that such person or persons, or in the case of a minor, the parents and/or guardians of the minor, will be held personally liable for the cost of providing additional police personnel on special security assignment over and above the normal services provided by the Police Department in response to the assemblage. Such person or persons shall be given a first warning, in the form of notification by the senior police officer as above described, that the first police response as above described shall be deemed to be the normal police services provided. The police personnel necessarily utilized after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided and the owner of the property where the assemblage occurs, and/or the person responsible for the assemblage, shall be personally responsible for the cost of the special security assignment in an amount determined upon a cost accounting basis by the city. The cost of the special security assignment shall include damage to city property and/or injuries to city personnel. 130.396 SOUND AMPLIFICATION SYSTEMS. A) No person shall operate, or permit operation of, any sound amplification system mounted or installed in any motor vehicle which can be heard from 50 or more feet, from public or private property, unless that system is being operated to request assistance or warn of a hazardous situation. B) This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications or water utilities This section does not apply to the sound systems of vehicles used in parades or other special events. BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05 ORD 1114pT3(퓬i ORDINANCENO. 1114 PAGE 8 SECTION 2. That the City Clerk shall certify to the adoption ofthis ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED ON MAY 1, 1996 MAYOR ATTEST STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss; CITY OF BALDVVIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No.1114 was regularly introduced and placed upon its first reading at a regular meeting of the City Council ofthe City of Baldwin Park on April 17. 1996 That thereafter, said Ordinance was adopted at a regular meeting of the City Council held on May 1 1996 and was carried by the following roll call vote, to wit: AYES COUNCILMEMBER MARTINEZ, LOWES, LOZANO, MAYOR VARGAS NOES COUNCILMEMBER NONE ABSENT COUNCILMEMBER MUSE ABSTAIN COUNCILMEMBER BIB] 37643-U01 ORD-U02 1114-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4291-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1114-U05 MAY-U05 1-U05 1996-U05