HomeMy WebLinkAboutNB 4 NOISE ORD. 04-06-81DATE:
TO:
FROH:
SUBJECT:
April 6, 1981
NEW BUSINESS
4-6-81
Inter-Corn
Honorable ~ayor and City Council ~enbers
Omau~nityDevelopment Department
Noise Ordinance
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 reconl~ended a few modifications to the wording, for
clarification. The changes h~ve been reviewed by the City Attorney's
office.
A copy of ~D~nce No. 828 is attached with the proposed modifica-
tions ~ndica~ed by an asterisk (*) and the deletions lined oat.
Staff ~nds that Council review this proposed ordinance for
introductio~ a= the April 20, 1981, meeting.
A$,~:hn
ORDINANCE NO. 828
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 6 OF
ARTICLE 4 OF THE TUSTIN CITY COOE PERTAINING
TO NOISE CONTROL.
The City Council of the City of Tustin, Calfornia, does ordain as follows:
Section 1: Chapter 6 of Article 4 of the Tustin City Code is amended fo
read as follows:
CHAPTER
NOISE CONTROL - DISTURBING NOISES PROHIBITED
4611DE(:LARATION OF POLICY.
In order fo control unnecessary, excessive and annoying sounds
emanating from incorporated areas of fha city, it is hereby de-
clared to be fha' policy of fha City fo prohibit such sounds
generated from all sources as specified in this Chapter.
If ;s determined fhaf certain noise levels are detrimental to
fha public health, welfare and safety and contrary fo public
interest, therefore, the City Council does ordain and declare
that creating, maintaining, causin~or allowing to create, main-
fain o~ cause any noise in a manner prohibited by or not in
conformity with the provisions of this Chapter, is a public
nuisanae and shall be punishable as such.
4612 DErIN!TIONS.
The following words, phrases and terms as used in this Chapter
shai! nave the meaning as indicated below:
"Am~:e-- ~oise Level" shall mean the all-enccmpassing noise
lave associated with a given environment, being a composite o¢
$~v-2~ From all sources~ excluding the alleged offensive noise,
a? ~n~ lo,alien and approximate time af which a comparison with
the a;;eged offensive noise is to be made.
"A-V;eighfed Sound Level" [dB(A)]: A quantify in decibels, read
from a standard sound-level meter that is switched to fha weight-
ing network labeled "A". The A-weighted nefwcrk discriminates
against fha lower frequencies according fo a relationship approxi-
mating fha auditory sensitivity of the human ear af moderate
sound levels.
"CNEL" (Community Noise Equivalent Level). A cumulative measure
of corrm, unity noise exposure for a 24-hour day, using fha A-weighting
sound level and expressed in logarithmic units. This CNEL scale
fakes info account the single event soUnd level, single event
duration, single event occurrence frequency, and the time of the
occurrence of the noise source. Additionally, if applies weight-
ing factors which place greater significance on noise events
occurring in the night-time (10 p.m. to 7 a.m.) than on those
during fha evening i7 p.m. to 10 p.m.) or daytime i7 a.m. to 7 p.m.),
respect i ve I y.
"Corrcnercial erty". A parcel of real property which is de-
veloped and u:cd either in part or in whole for commercial pur-
poses, including, but not limited fo re4ail and wholesale
businesses, and professional offices, but excluding home occupation
uses.
Ordinance No. ~ _'8
page 2.
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"Cumulative Period". An additive period of time composed of
individual time segments which may be continuous or interrupted.
"Decibel" (dB) shall mean a unit which denotes fha ratio between
two ¢2) quantities which are proportional to power: the number
of decibels corresponding fo the ratio of two (2l amounts of
power is ten (10) times the logarithm to the base ten (10) of
this ratio.
"Dwelling Unit". A single unit providing complete, independent
living facilities for one or more persons including permanent
provisions for living, sleeping, eating, cooking and sanitation.
"Emergency Machinery," "Vehicle", or "Work." Any machinery,
vehicle or work used, employed or performed in an effort fo pro-
feet, provide or restore safe conditions in the community or for
the citizenry, or work by private or public utilities when re-
storing utility service.
"Fixed Noise Source". A stationary device which creates sounds
while fixed or motionless including, but not limited to, in-
dustrial and commercial machinery and equipment, pumps, fans,
compressors, generators, air conditioners and refrigeration
equipment.
"Grading". Any excavafin9 or filling of earth material, or any
c~mbination thereof, conducted at a site to prepare said site'
for construction or other improvements thereon.
"Impact Noise". The noise produced by the collision o¢ one mass
in motion with a second mass which msy be either in motion or at
resT.
"in:~sfrial~Property". A parcel of real property which is de-
vei?aec~ ' and~-J-S~6 either in part or in whole for manufacturing
purposes, including research and development uses, but excluding
ho~s cccuDafion cases.
";,~.~: ie .,'4oise Source". Any noise source other than a fixed noise
.SD-- ~e.
"~sise Leve~" The "A" weighted sound pressure level in decibels
obT~!nea by using a sound level meter af slow resoonse with a
re~erence pressure of 20 micropascals per square meter. The unit
of measurement shall be designated as dB(A).
"Noise Variance Board" shall mean an administrative board of
five (5) members appointed by the Board of Supervisors of the
County of Orange, per Title 4, Division 6, Article 1 of fha
CodT¢ied Ordinances o~ fha County of Orange.
"Person". A person, firm, association, co-partnership, .joint
venture, corporation or any entity, public or private in nature.
"Residential operty". A parcel of real property which i$ de-
veloped and ~scd either in part or in whole for residential
purposes, other than transient uses such as hotels and motels.
"Simple Tone Noise". A noise characterized by a predominant
frequency or frequencies so fhaf other frequencies cannot be
readily distinguished.
"Sound Level Meter". An instrument meeting American National
Standard Institufe's Standard S1.4-1971 for Type 1 or Type 2
sound level meters or an instrument and the associated recording
and analyzing equipment which will provide equivalent data.
OrdJ nonce No. 828
page b,
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"Sound Pressure Level" of a sound, in decibels, shall mean
twenty (20) times the logarithm fo fha base ten (10) of the ratio
of the pressure of the sound fo ~ reference pressure, which
reference pressure shall be explicitly stated.
4613 DESIGNATED NOISE ZONES.
The properties hereinafter described are hereby essigned the
folio/ring noise zones:
Noise Zone 1: All residential properties.
Noise Zone 2: All corrrrercial properties.
Noise Zone 3: All industrial properties.
Noise Zone 4: All special properties such as hospitals, convales-
cent homes, public and institutional schools, libraries and
chsrches.
451& EXTERIOR NOISE STANDARDS.
The following ncise standards, unless otherwise specifically
indicated, shell apply to all res'idential prOperty within a
designated noise zone.
Noise Sfandard~
Noise LeVel
Time Period
Z 55 dB(a) 7 a.m. - 10 p.m.
50 dB(A) 10 p.m. - 7 a.m.
2 60 dB(A) any time
; 70 dB(Al any time
~ 55 dBJA) any time
;~ the event the alleged offensive noise consists of impact
~cice, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by
5 dg(A).
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 reasured on any other
residential property to exceed:
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 (~5) minutes in any hour; or
(3) The noise standard plus 10 dB(A) for a cumulative period
of more than five (5l minutes in any hour; or
(4) The noise standard plus 15 dBlA) for a cumulative period
Ordinance No. 828
page 4,
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of more than one (1) minute in any hour; or
The noise standard plus 20 dE(A) for any period of
time.
(c)
In the event the ambient noise lave; exceeds any of the
first four noise limit categories a;ove, the cumulative
period applicable to said category small be increased to
reflect said ambient noise level. !n the event the ambient
noise level exceeds the fifth no~s~ limit category, fha
maximum allowable noise level ~nce- eaic cateDor¥ shall be
increased to reflect the maximum a-z~ent noise level.
4615 INTERIOR NOISE STANDARDS.
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The following interior noise s-an:~-:s, ~nless otherwise
specifically indicated, shall appl? to all.rocidontigl
property within a designated noise zane:
Interior Noise Standards
Noise Zone
Noise Level
Time Period
55 dB(A)
7 a.m. - 10 p.m.
45 dB(A) ~0 p.m. - 7 a.m.
In the event the alleged offensive -:!se consists of impact
noise, simple tone noise, speech, ~sic, or any comb/nation
thereo~, each of fha above noise J~vels shall be reduced by
it shall be unlawful for any pers3r af any location within
the incorporated area of the city ~ crea~e any noise, or
to ailow the creation of any n~ise ~n property owned,
ieased, occupied, or otherwise co,trotted by such person,
¢¢he~ the fore9oing causes'fha noise level, when measured
with~a any other dwellin9 unit on a". residential property,
The interior noise standard ::- a ~mutafive period
cf more than five (5) min,-es '~ a~/ hodr; or
(c)
(2)
The interior noise standard ¢i.s five (5) dB(A) for
a cumulative period of more t~n 3ne (1) minute in
any hour; or
(3) The interior noise standard 21-e *an (!0) dBIA) for
any period of time.
In the event the ambient noise ievei exceeds either of the
first two noise limit categories a~sve, the cumulative period
applicable fo said category shall se increased to reelect
said ambient noise level. In fha event thc ambient noise
level exceeds the third noise limit category, the maximum
allowable noise level under said category shall be increased
to reflect the maximum ambient noise level.
4616 SPECIFIC DISTURBI~G NOISES PROHIBITED.
11 s!,¢ll b~ unl owful f5,- ony per.oon-¢e~make~- cont. inue-r-¢ause~-.o¢
milo,, fo b~ mad~ or con~inucd, ony Io~d, ~nncccc2ary, or unuaual,
nol 3c or any not de whi ch~ys~i s~urbs.~--i-njur-es~--or--endangers
· ~hc c~forf, rcposc, hcalth, pc~e~-
,e limit5 o¢ thc cify one fhc }ollo~in~
~ade ce oon~ued for ~'~7
her,~by declavsd to be unnacessc:r:d,
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Ordinance No. 828
page 5.
oth~o, which a~e in ~xc~33 of the I~vels d==~ri~ed in Sections
4614 and 46~5 are d-~¢l~,-ed t~ b~ Ioud~ d~sturbing, injurious,
and unnesc~3ory noiara in violation of ~Mis A~fi¢l~, but s~id
enumeration sh&ll n~t be d~ern~d f~ be exclusive,
(ll Loudspeakers, Amplifiers for Advertising.
The using, operating or permitting fo be played, used,
or operated of any radio receiving set, musical in-
strument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or re-
producing of sound which is cast upon the public streets
for the purpose o~ com~,ercial advertising or attracting
the attention of the public to any building or structure.
Construction or Repairing of Buildings.
The erection (including excavating), demolition~ alter-
arian or repair o~ any building o~her than befwee~ ~he
hours.of 7 a.m. and 6 p.m. on week days, excep, in
case of urgen, necessi,y in the interest of public
health and safe,y, and then only with a permit ~rom the
building inspector, which permit may be granted for
a period not to exceed ,hree (3) days or less while
the emergency continues and whlc~ permit may be renewed
~or period o{ three 15) days or less while the emergency
continues. I~ the bu~ld~ng ,n;p~c,or should determine
'i-: ; =¢::::"::? :':':: /-~fha~ ;he public health and safety will not be impaired
i-'::-: ;, :':' .': :;:~ -:- ' by the erection, demolition, alteration or repair of
any building or the excavation of streets and highways
within the hours o~ 6 p.m. and 7 a.m. and i¢ he shall
further determine that loss or inconvenience would re-
sult to any party in interest, he may grant permission
for such work fo be done within the hours of 6 p.m. and
7 a.m. upon application being made at the time the
permit for the work is awarded or during the progress
o~ the work.
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~ pneumatic
hammer, derrick, steam or electric hoist of other appli-
ance, the use of which is attended by loud or unusual
noise.
4617 SPECIAL PROVISIONS.
The (allowing activities shall be exempted from the provisions
o¢ this Chapter:
Activities conducted on the grounds of any public or pri-
vate nursery, elementary, intermediate or secondary school
or college, public agency, and public utility.
Outdoor gatherings, public dances, shows and sporting and
enteFfainmenf events provided said events are conducted
pursuant fo a permit (license/permit! issued by the City
pursuant to Article 3, Chapter 2 of the Tustin City Code
relative to the staging of said events.
lc) Activities conducted on any park or playground provided such
page 6.
perk or playground is owned end operated bY a public entity.
id) Any mechanical device, apparatus or equipment used, related
to or connected with emergency machinery, vehicle or work.
(el
Noise sources associated with construction, repair, remodeling,
or 9rodin9 of any real property, provided said activities do
not fake place between the hours of 6 p.m. and 7 a.m. on week-
days, including Saturday, or at any time on Sunday or a Federal
holiday.
(f)
All mechanical devices, apparatus or equipment which are
utilized for the protection or salvage of agricultural crops
during periods of potential or actual frost damage or other
adverse weather conditions.
(g;
Mobile noise sources associated with agricultural operations
provided such operations do not take place between fha hours
of 6 p.m. and 7 a.m. on weekdays, includin~ Saturday, or any
time on Sunday or a Federal holiday.
(h)
Mobile noise sources associated with agricultural pest contro
fhrcugh pesticide appllcafion provided that the application
is made in'accordance with restricted material permits issued
by or regulations enforced by the Agricultural Commissioner.
(i)
Noise sources associated with the maintenance of real property
provided said acifivifes take place between the hours o¢ 7 a.m.
and 6 p.m. on any day except Sunday or Federal holidays, or
between the hours of 9 a.m. and 5 p.m. on Sunday or Federal
holidays.
activity fo the extent regulation thereof has been pre--
empzed by State or Federal law.
(k~
i.;2;se sources associated with the maintenance, repair, remodel-
lng, grading and landscaping of residential real property per-
F:r~ed by the owner, provided such activity does take place
b. etween fha hours o¢ 7 a.m. and 9 p.m. This section does not
z~tnorize noise sources performed by independent building
trades contractors.
;,:;se sources associated with fha maintenance and repair of
FersDnal property performed by the owner on the owner's resi-
Cential property, provided such activity takes place between
the hours of 7 a,m. and 9 p.m. This section does not authorize
noise sources by independent repairmen or technicians.
4618 SCHOOLS, HOSPITALS, COURTS, AND CHURCHES - SPECIAL PROVISIONS.
It shallbe unlawful for any person to create any noise which causes
the noise level at any school, hospital, court, or church while the
same is in use, to exceed the noise limits as specified in Section
46!4 prescribed for the assigned noise zone in which the school,
hospital, or church is located, 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 separate locations within one-tenth of
a mile of the institution indicating the presence of a school,
church, court, or hospital.
4619 AIR CONDITIONING AND REFRIGERATION - SPECIAL PROVISION
During a one-year period following the effective date of Ordinance
No. 828 the noise level standards as specified in Sections ~61~ and
4615 shall be increased by 8dB(A) where the alleged noise source is
an air-conditioning apparatus or refrigeration system, which was
installed prior to the effective date of said Ordinance.
' · ' Ordinance No. 828
page 7.
4620 NOISE LEVEL MEASUREN£NT CRITERIA.
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-. ~,~o'~ of Title 4~ . 'v:sion 6
~r~. ~id offi~l~, r~resent-
Any noise level measurements made pursuant to the provisions of
this Chapter shall be performed using a sound level meter as
defined in Section 4612. The location selected for measuring
exterior noise levels shall be af any point on the affected
property. Interior noise measurements shall be made within fha
dwelling unit affected by exterior noise. The measurement shall
be made at a point at least four (4) feet from the wall, ceiling,
or floor nearest the alleged offensive qoise source and may be
made with the windows of fha af£ecfed un;t open.
4621 MANNER OF ENFORCEMENT.
The Orange County Health OFficer and his ~_ly authorized repre-
J sentafives arc aufhorizcd fo en¢orc~ th: proves;cna o~ this
* J -.Chapter purauanf to fha prov-Pe~ef-S~f-i-om46~-g~O- of -the
~ Codified Ordinancc of~.eunty of Oran;e, Cat-iforffia. Thc
.Orangc County Ncolfh O~¢iccF~and his duly authorized rcprc
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senfafivo8 arc aufhorizod, pursuanf fo Penal Code Section 856.5,
to arrest any person without a warrant when they have reasonable
cause fo believe fhaf such person has cs'~nitted a mlsdemeanor
in their presence.
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No person shall interfere with, oppose or resist any authorized
persoa charged with enforcement of this Chapter while such per-
son is engaged in fha performance of his d~ty.
,,.~,~.~C~ PROCEDURE.
4622 ','*~i*; c
The owner or operator of a noise source ~mich violates any of
fha pr=visions of this Chapter may file an application with the
Heal~m :3ff]cer for a variance From the provisions thereof wherein
sai: cf/nar or operator shall set forth a~l actions taken to compl7
with se!d provisions, the reasons why i rrcedTafe compliance cannot
be ~ch;aved, a proposed method of achieving compliance, and a
pr~22se~ time schedule for ifs accomp!is~ment. Said application
sh~ :e accompanied by a fee in fha amo¢2t Df seventy-five
~ci;:;rs {£75) or as hereinafter amended sy the Orange County
5:e-: :¢ $,pervisors. A separate application shall be filed for
eec- ~::se source; provided, however, fh~- several mobile sources
under co, an ownership¢ or several fixer 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 recorrrnendafion thereon within thirty 130) days fo the Noise
Variance Board for action thereon in accordance with fha pro-
visions of this Chapter.
An applicant for a variance shall remain subject to prosecution
under the fern~ of this ordinance until a variance is granted.
4623 NOISE VARIANCE BOARD.
The Noise Variance Board, as established by Section 46.0013 of
the Codified Ordinances of the County of Orange, California,
shall evaluate all applications for variance ¢rom fha require-
ments 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 corm-
pliance with the provisions o¢ this Chapter. Said terms, con-
ditions and requirements may include, but shall not be limited t~
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.
Ordinance No. 828
page. 8.
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In ifs determinations said Board shall consider the magnitude
of nuisance caused by the offensive noise; the uses of property
within the area of impingement by the noise; the time factors
related fo 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.
4624 APPEALS.
Within fifteen (15) days Following the decision of the Variance
Board on any 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 appli-
cant 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 fo be for-
warded to the City Council as discussed hereafter° If the actual
cost of such preparation differs from the estimated cost ap-
propriate payments shall be made either to or by the Secretary.
~'!ithin fifteen (15) days following receipt of a notice of appeal
and the appeal fee, the Secretary of fha Variance Board shall
for.¢~ard to fha City Council copies of the application for vari-
an:e; t~e recommendation of fha Health OfficeF; the notice of
a2~eal; ali evidence concernin9 said application received by the
Var;ange Board and its decision thereon. In addiflon, any
person ma,/ file with the City Council written arguments support-
in: ~ ?tacking said decision and the City Council may in ifs
a;screflon hear oral arguments thereon. The City Clerk shall
m~;l f~ ~he applicant a notice of the da?e set for hearing o¢ the
a-~:.sa~. T~e notice shall be mailed at least ten (10) days prior
ts -re ~earing date. Within sixty (60) days following its
¢=-:-'-- ~¢ the notice o¢ the appeal, the City Council shall
e~--~~ affirm, modify, or reverse the decision of the Variance
g:z-~. Such decision shall be based upon the City Council's
e~a':~;~a o¢ fha matters submitted fo fha City Council in light
of tr:e powers conferred on the Variance Board and the factors
to be considered, beth as enumerated in Sections 4622 and 4623.
As part of ifs decision the Council may direct fha Variance
Board to conduct further proceedings on said application. Fail-
ure of the City Council to affirm, modify or reverse fha de-
cision of fha Variance Board within said sixty (60) day period
shall constitute an affirmance of the decision.
4625 VIOLATIONS: ~1SDEt¢~EANORS.
Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor. Each day such violation is
corrrnifted or permitted to continue shall consifute a separate
offense and shall be punishable as such. The provisions of
this Chapter shall not be construed as permitted conduct not '¢~;
prescribed herein and shall not affect the enforceability of any
other applicable provisions of aw.
Ordinance No. 828
page 9.
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PASSED AND ADOPTED afa regular .
meefina of the ~ify C~unc
City of Tustin, California this c~/"~T"~ay of ~
ATTEST:
City Clerk
,/', /
Donald J, Satfarelli
A~ayor
il of the
· 1980.
ORDINANCE NO. xxx
AN ORDINANCE OF THE CITY OOUNCIL OF THE
CITY OF TUSTIN, AMENDING THE ~IJSTIN CITY
CODE R~ATIVE 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 "Commercial Property" is amended to re~d as
follows:
"Con~nercial Property. A parcel of real property which is
developed and zoned either in part or in whole for con~nercial
purposes, including, but not l~,nited 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 lows:
"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 exculding home occupation cases as authorized by .City
Ordinance No. 330."
III. Section 4612 "Residential Property" is amended to read as
fol lows:
"Residential Property. A parcel of real property which is
develo~ and zoned either in part or in whole for residential
purposes, ozher than transient uses mlch as hotels and motels."
IV. Section ~_4(a) is smmend~t to read as follows:
fo~ Lng noise standards, unless othemvise specifically
indi~~r~, ~all apply to all property within a designated
noi,~ z~.>~e."
Noise Standards
Nczse Zone Noise Level
Time Peried
! 55 dB(A) 7 a.m. - 10 p.m.
50 dB(A) 10 p.m. - 7 a.m.
2 60 dB(A) any ti_me
3 70 dB(A) any time
4 55 dB(A) any time
In the event the alleged offensive noise consists of impact
noise, s~mple tone noise, speech, music, or any combination
thereof,'each of the above no%se levels shall be reduced by 5
dB(A).
V. Section 4614(b) is amended to read as follows:
"It shall be m~lawful 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
caases the noise level, when measured on any other property to
excccd:
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. xxx
page 2.
The noise standard plus 15 dB(A) for a cumulative period of
more than one (1) minute in any hoar; 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
d~(A).
VII. Section t~!6 is amended to read as follows:
"i~ s'~-~ll be unlawful for any p~rson to make,
continue, cause to allow to be made or continued
for ~uy amount of time the following acts and things
~inich are in excess of the levels described in sections
I$14 and 4615, and which are hereby declared to t~un-
necessary, excessive and annoying in violation of this
~ticle:
amplifiers for advertising.
~-~ using, operating or permitting to be played, used, or
oper~_~ed of any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier, or other machine
or device for the producing or reproducing of soand which
is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the
public to any com~rcial building or structure.
2. Construction or repairing of buildings.
?ne erection (including excavating), demoliton, alteration
or repair of any building other than between the hours of ?
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 continu~ and which permit
may be renewed for period of three (3) days or less while
the ~nergency 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 repair of any building
or the excavation of streets and highways within the hours
of 6 p.m. and 7 a.m. and if he shall further determine that
'loss or inconvenience would result to any part in interest,
he may grant permissio~ for such work to-be done within the
hours of 6 p.m. and 7 a.m. upon application being made at
the time the permit for the work is awarded or during the
progress of the work."
Ordinance No. xxx
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 Administrator, are
hereby enpowered to, and it s}mll be their duty to, enforce the
provisions of this chapter, ami tile provisions of Title 4,
Division 6 of the Codified Ordinances of the county of Orange,
adopted herreby by reference. Said officials, representatives
and a~ployees 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
violazion is con~Litted or permitted to continue shall
conszitute a seF~arate offense and shall be punishable as such.
?ne pro-~sions of this Chapter shall not be construed as
permJzting ~nduct not prescribed herein and shall not affect
the enforceability of any other applicable provisions of law."
PASSe'I) fu~ _~?~ at a regular meeting of the Tustin City Council,
helot on Zhe day of , 1981.
A/rEST:
Donald J. Saltarelli
~yor
:Viary E. WSTm
City Clerk