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Home My WebLink AboutPH 4 NOISE ORD AMEND 05-04-81DATE: May 4, 1981 PUBLIC HEARING 5-4-81 Inter- Corn TO: FROM: SUBJECT: Tustin City Council Community Development Department,~ Noise Ordinance Amendment Discussion In July of 1980 the City Council adopted Ordinance No. 828 which set precise noise levels for activities in the City. The Orange County Public Health Department staff, which reviewed the ordinances prior to its adoption, has recommended a few modifications to the wording, for clarification. The changes have been reviewed by the City Attorney's office. At the April 6, 1981, meeting the draft ordinance was submitted to the City Council for review and comment. One additional change for the draft concerns the building officials authority to consider varying with construction provisions on Saturdays and Sundays. (Section Vll.2) RECOMMENDED ACTION Staff recommends that the City Council approve the additions to the Noise Ordinance after first reading by title only, with the introduction of Ordinance No. 845. AGW/dat ORDINANCE NO. 845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING THE TUSTIN CITY CODE RELATIVE TO NOISE CONTROL. The City Council of the City of Tustin does hereby ordain that the Tustin City Code be amended as follows: I. Section 4612 "Con~ercial Property" is amended to read as follows: ,"Commercial Property. A parcel of real property which is developed and zoned either in part or in whole for commercial purposes, including, but not limited to retail and wholesale businesses, and professional offices, but excluding home occupation uses as authorized by City Ordinance No. 330." II. Section 4612 "Industrial Property" is amended to read as fol 1 ows: "Industrial Property. A parcel of real property which is developed and zoned either in part or in whole for manufacturing purposes, including research and development uses, but excluding home occupation cases as authorized by City Ordinance No. 330." III. Section 4612 "Residential Property" is amended to read as follows: "Residential Property. A parcel of real property which is developed and zoned either in part or in whole for residential purposes, other than transient uses such as hotels and motels." IV. Section 4614{a) is amended to read as follows: "The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone." Noise Standards Noise Zone Noise Level Time Period i 55 dB(A) 7 a.m. - 10 p.m. 50 dB(A) 10 p.m. - 7 a.m. 2 60 dB(A) any time 3 70 dB(A) any time 4 55 dB(A) any time In the event the alleged offensive noise consists of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB{A). V. Section 4614(b) is amended to read as follows: "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, when the foregoing causes the noise level, when measured on any other property to exceed: 1. The noise standard for a cumulative period of more than thirty {30) minutes in any hour; or 2. The noise standard plus 5 dB(A) for a cumulative period of more than fifteen {15) minutes in any hour; or 3. The noise standard plus 10 dB{A) for a cumulative period of more than five (5) minutes in any hour; or Ordinance No. 845 page 2. The noise standard plus 15 dB(A) for a cumulative period of more than one (1) minute in any hour; or 5. The noise standard plus 20 dB(A) for any period of time." VI. Section 4615(a) is amended to read as folows: "The following interior noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: Interior Noise Standards Noise Zone Noise Level Time Period 1 55 dB(A) 7 a.m. - 10 p.m. 45 dB{A) 10 p.m. - 7 a.m. In the event the alleged offensive noise consists of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A). VII. Section 4616 is amended to read as follows: "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 are hereby declared to be un- necessary, 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. 2. Construction or repairing of buildings. The erection (including excavating), demoliton, alteration 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 official, 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 period of three (3) days or less while the emergency continues. If the building official should determine that the activity will be in substantial conformance with the intent of this ordinance and that the public health and safety will not be impaired by the erection, demoliton, alteration or rep2ir of any building or the excavation of streets and highways within the hours of 6 p.m. and 7 a.m. and between any and all hours on Saturdays and Sundays, he may grant permission for such work to be done within the hours of 6 p.m. and 7 a.m. and between any and all hours on Saturdays and Sundays, upon application being made at the time the permit for the work is awarded or during the progress of the work. Ordinance No.845 page 3. VIII. Section 4621 is amended to read as follows: "The Orange county Health Officer and his duly authorized representatives, the Tustin Police Chief and his authorized representatives, and the Tustin Building Official, and such city employes as designated by the City Chief Administration Officer, are hereby empowered to, and it shall be their duty to, enforce the provisions of this chapter, and the provisions of Title 4, Division 6 of the Codified Ordinances of the county of Orange, adopted hereby by reference. Said officials, representatives and employees are also authorized pursuant to California 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. No person shall interfere with, oppose or resist any authorized person charged with enforcement of this Chapter while such person is engaged in the performance of his duty." IX. Section 4625 is amended to read as follows: "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 prescribed herein and shall not affect the enforceability of any other applicable provisions of law." PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the day of , 1981. ATTEST: James B. Sharp Mayor Mary E. ~;ynn City Clerk