HomeMy WebLinkAboutORD ADOP OUTDR SOUND 04-21-92ORDINANCE FOR ADOPTION NO. 1
-21-92
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Inter -Com
)ATE: APRIL 21, 1992 \'S
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1083, OUTDOOR SOUND AMPLIFYING DEVICES
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1083
(roll call vote).
BACKGROUND:
The following Ordinance No. 1083 had first reading and introduction
at the April 6, 1992 City Council meeting:
ORDINANCE NO. 1083 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 4.616, A PORTION OF CHAPTER 6 OF
ARTICLE 4 OF THE TUSTIN CITY CODE, TO ALLOW OUTDOOR SOUND AMPLIFYING
DEVICES AS AUTHORIZED BY THE TUSTIN CITY COUNCIL OR PLANNING
COMMISSION
Valerie Whiteman
Chief Deputy City Clerk
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ORDINANCE NO. 1083
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 4616, A PORTION
OF CHAPTER 6 OF ARTICLE 4 OF THE TUSTIN CITY CODE,
TO ALLOW OUTDOOR SOUND AMPLIFYING DEVICES AS
AUTHORIZED BY THE TUSTIN CITY COUNCIL OR PLANNING
COMMISSION
The City Council finds and determines as follows:
A. Section 4616 (1) of the Tustin City Code prohibits the use
of loudspeakers or amplifiers for advertising or
attracting attention to any commercial building or use;
B. The judicious use of loudspeakers or amplifiers may not
constitute a noise nuisance;
C. The use of loudspeakers or sound amplifying devices may
not adversely impact public health, safety or general
welfare in all circumstances, if exterior noise standards
indicated in Section 4616 of the Tustin City code are met;
D. The use of loudspeakers or other such sound amplifying
devices should be authorized by the City Council or
Planning Commission via Minute Order on a case-by-case
basis;
E. The Director of Community Development shall have the
authority and discretion to require as needed sound tests
conducted by a qualified professional to ensure that
exterior noise standards of Section 4614 are not exceeded;
and
F. The applicant or business owner or operator requesting the
use of the sound amplifying device shall be responsible
for the cost of such testing.
NOW, THEREFORE, the City Council of the City of Tustin
DOES HEREBY ORDAIN as follows:
Section 1 Section 4616(1) of the Tustin City Code is amended
to read as follows:
114616 SPECIFIC DISTURBING NOISES PROHIBITED
"It shall be unlawful for any person to make, continue,
cause to allow to be made or continued for any amount of
time the following acts and things which are in excess of
the levels described in Sections 4614 and 4615, and which
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Ordinance No. 1083
Page 2
are hereby declared to be unnecessary, excessive and
annoying in violation of this Article:
"(1) Loudspeakers, Amplifiers for Advertising. 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 public streets for the purpose of commercial
advertising or attracting the attention of the
public to any commercial building or structure.
Loudspeakers or other sound amplifying devices may
be all owed on Rr ivate -commercial l y -zoned property on
a case-by-case subject to the approval. of the City
Council or Planning Commission. Such devices shall
meet exterior noise standards of Section 4614. Upon
receiving written complaints or objections regarding
approved sound amplifying devices, the Director of
Community Development may require sound tests
conducted by a qualified professional to determine
compliance with exterior noise standards. The
applicant, business owner, or operator of the sound
amplifying devise shall be responsible for the costs
of such noise tests.
Passed and adopted at a regular meeting of the City Council
held on the day of April, 1992.
MARY E. WYNN
City Clerk
CHARLES E. PUCKETT
Mayor