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HomeMy WebLinkAboutORD FOR ADOPTION 07-21-80ORDINANCES FOR ADOPTION No. 1 7/21/80 AGENDA ITEM: ORDINANCE NO. 828 An Ordinance of the City Council of the City of Tustin, California, AMENDING CHAPTER 6 OF ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING TO NOISE CONTROL. BACKGROUND: Ordinance No. 828 was amended and re-introduced at the July 8, 1980 meeting of the Tustin City Council. RECOMMENDED ACTION: It is recommended that amended Ordinance No. 828 be passed and adopted. ORDINANCE NO. 828 $ 4 5 10 11 , ~0 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, A/V%ENDING 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 to read as follows: CHAPTER 6 NOISE CONTROL - DISTURBING NOISES PROHIBITED 4611 DECLAMATION OF POLICY. In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the city, if is hereby de- clared fo be the policy of the City fo prohibit such sounds generated from all sources as specified in this Chapter. If is determined that certain noise levels are detrimental fo the public health, welfare and safety and contrary fo public interest, therefore, the City Council does ordain and declare fhaf creating, maintaining, causing or allowing fo create, main- fain or cause any noise in a manner prohibited by or not in conformity with the provisions of this Chapter, is a public nuisance and shall be punishable as such. 4612 DEFINITIONS. The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below: "Ambient Noise Level" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding fha alleged offensive noise, at the location and approximate time at which a comparison with fha alleged offensive noise is to be made. "A-Weighted Sound Level" [dB(A)]: A quantity in decibels, read from a standard sound-level meter that is switched fo the weight- ing network labeled "A". The A-weighted network discriminates against the lower frequencies according to a relationship approxi- mating the auditory sensitivity of the human ear at moderate sound levels. "CNEL" (Community Noise Equivalent Level). A cumulative measure of community noise exposure for a 24-hour day, using the A-weighting sound level and expressed in logarithmic units. This CNEL scale takes into account the single event sound level, single event duration, single event occurrence frequency, and the time of the occurrence o¢ the noise source. Additionally, it applies weight- ing factors which place greater significance on noise events occurring in fha night-time (10 p.m. fo 7 a.m.) than on those during the evening (7 p.m. to 10 p.m.) or daytime (7 a.m. to 7 p.m.), respectively. "Commercial Property". A parcel of real. property which is de- veloped and used either in part or in whole for commercial pur- poses, including, but not limited fo retail and wholesale businesses, and professional offices, but excluding home occupation uses. Ordinance No. 828 page 2. 1 4 5 6 ? 8 9 10 11 12 14 15 16 18 19 Z! ~5 ~4 ~5 Z6 ~8 50 "Cumulative Period". An additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel" idB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional fo power: fha number of decibels corresponding to the ratio of two (2) amounts of power is fen (10) times the logarithm to fha base fen (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- tect, provide or restore safe conditions in the community or for fha 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 fo, in- dustrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. "Grading". Any excavating or filling of earth material, or any combination thereof, conducted afa site fo prepare said site' for construction or other improvements thereon. "Impact Noise". The noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. "Industrial Property". A parcel of real property which is de- veloped and used either in part or in whole for manufacturing purposes, including research and development uses, but excluding home occupation cases. "Mobile Noise Source". Any noise source other than a fixed noise source. "Noise Level" The "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micropascals per square meter. The unit of measurem6nf shall be designated as dB(A). "Noise Variance Board" shall mean an administrative board of five (5) members appointed by the 8oard of Supervisors of the County o¢ Orange, per Title 4, Division 6, Article i of the Codified Ordinances of fha County of Orange. "Person". A person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature. "Residential Property". A parcel of real property which is de- veloped and used 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 that other frequencies cannot be readily distinguished. "Sound Level Meter". An instrument meeting American National Standard Insfitufe'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. Ordinance No. 828 page 3. 1 2 4 ? 8 9 10 11 1~. 15 14 15 16 1'/ 18 19 2O 21 22 25 24 25 26 27 28 SO "Sound Pressure Level" of a sound, in decibels, shall mean twenty (20) times the logarithm to the base fen 10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. 4613 DESIGNATED NOISE ZONES. THe properties hereinafter described are hereby assigned the following noise zones: Noise Zone 1: All residential properties. Noise Zone 2: Ail corm~erclal 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 churches. 4614 EXTERIOR NOISE STANDARDS. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone. Noise Standards Noi se Zone Noise Level Time Period 1 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 dBtA) any time 4 55 dB(A) any time tn the event the alleged offensive noise consists of impact noice, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by 5 dB(A). bi It shall be unlawful for any person at any location within the incorporated area of the city fo 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 ffeasured on any other residential 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 dBIA) for a cumulative period of more than fifteen (15) mfnufes in any hour; or (3) The noise standard plus 10 dBfA) for a cumulative period of more than five (5) minutes in any hour; or The noise st.andard plus 15 dB(A) for a cumulative period Ordinance No. 828 page 4. 1 4 5 6 ? 8 9 10 lZ 14 15 16 17 18 19 Z4 ~6 ~? ~.8 50 (5) of more than one (1) minute in any hour; or The noise standard plus 20 dBIAI for any period of time. (c) In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased fo · reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflec~ the maximum ambient noise level. 4615 INTERIOR NOISE STANDARDS. ia) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential 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 fhereo~, each of the above noise levels shall be reduced by 5 dB(A). (b) If shall be unlawful for any person al any location within the incorporated area of the city to create any noise, or fO allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes ~he noise level, when measured within any other dwelling unit on any residential property, to exceed: (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or lc) (2) The interior noise standard plus five (5) dB(A) for a cumulative period of more than one Il) minute in any hour; or (3) The interior noise standard plus ten (10) dB(A) for any period of time. In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable fo said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased fo reflect fha maximum ambient noise level. 4616 SPECIFIC DISTURBING NOISES PROHIBITED. If shall be unlawful for any person to make, continue, cause, or allow fo be made or continued, any loud, unnecessary, or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the city and the following acts and things, among Ordinance No. 828 page 5. 1 '4 5 6 ? 8 9 10 11 12 15 14 15 16 17 18 19 2O Zl 22 24 25 26 27 28 29 5O others, which are in excess of the levels described in Sections 4614 and 4615 are declared to be loud, disturbing, injurious, and unnecessary noises in violation of this Article, but said . enumeration shall not be deemed to be exclusive, namely: il) 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 oF commercial advertising or attracting the attention of the public fo any building or structure. (2) Construction or Repairing of Buildings. The erection (including excavating), demolition, alter- ation 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 inspector, which permit may be granted for a period not fo exceed three (3} days or less while fha emergency continues and which permit may be renewed for period of three (3) days or less whJle the emergency continues. It the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or fha excavation of streets and highways within fha hours of 6 p.m. and 7 a.m. and Jf he shall further defermlne that loss.or inconvenience would re- suit to any party in interest, he may grant permission 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 durin~ the progress of fha work. (3) 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 PROVIS ONS. The following activities shall be exempted from the provisions of this Chapter: ia) Activities conducted on the grodnds of any public or pri- vate nursery, elementary, intermediate or secondary school or college, public agency, and public utility. (b) Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are conducted pursuant to a permit Ilicense/permifJ issued by the City pursuant to Article 3, Chapter 2 of the Tusfin City Code relative fo the staging of said events. (c) Activities conducted on any park or playground provided such Ordinance No. 828 page 6. 11 lZ 15 14 15 16 17 18 19 2O 21 i! 22 23' 24 25 26 27 28 29 3O 31 32 park or playground is owned and operated by a public entity. (d) Any mechanical device, apparatus or equipment used, related fo or connected with emergency machinery, vehicle or work. (e) (f) (9) Ih) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours o¢ 6 p.m. and 7 a.m. on week- days, including Saturday, or at any time on Sunday or a Federal holiday. 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. Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of 6 p.m. and 7 a.m. on weekdays, including Saturday, or any time on Sunday or a Federal holiday. Mobile noise sources associated with agricultural pest control through pesticide application provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural CommiSsioner. Noise sources associated with fha maintenance of real property provided said acifivltes fake place between fha hours of 7 a.m. and 6 p.m. on any day except Sunday or Federal holidays, or between the hours ct 9 a.m. and 6 p.m. on Sunday or Federal holidays. Any activity fo the extent regulation thereof has been pre- empted by State or Federal law. (k) Noise sources associated with fha maintenance, repair, remodel- ing, grading and landscapin9of residential real property per- formed by fha owner, pFovided such activity does take place between fha hours ct 7 a.m. and 9 p.m. This section does not authorize noise sources performed by independent building trades contractors. Noise sources associated with the maintenance and repair o~ personal property performed by the owner on the owner's resi- dential property, provided sucn activity fakes 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. If shall be unlawful for any person fo create any noise which causes the noise level at any school, hospital, court, or church while the same is in use, fo exceed the noise iimifs as specified in Section 4614 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 4614 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 fo fha effective date of said Ordinance. 4 5 6 8 9 10 14 15 16 17 18 19 20 21 24 25 26 27~ Ordinance No. 828 page 7. 4620 NOISE LEVEL MEASURE/VENT CRITERIA. Any noise level measurements made pursuant fo 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 at any point on the affected property. Interior noise measurements shall be made within the dwellin9 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 noise source and may be made with the windows of the affected unit open. 4621 MANNER OF ENFORCEb~ENT. The Orange County Health Officer and his duly authorized repre- sentatives are authorized fo enforce the provisions o¢ this Chapter pursuant to fha provisions of Section 46.0110 ct the Codified Ordinance of the County of Oran9e, California. The Orange County Health Officer and his duly authorized repre- sentatives are aufhorlzed, pursuanf to Penal Code Section 836.5, fo arrest any person without a warrant when they have reasonable cause fo 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 per- son is engaged in the performance of his duty. 4622 VARIANCE PROCEDURE. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Realth Officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of sevent,/-five dollars ($75) or as hereinafter amended by the Orange County Board of Supervisors. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Health Officer shall refer if with his recommendation thereon within thirty (30) 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 terms 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 fha County of Orange, California, shall evaluate all applications for variance from fha require- merits of this Chapter and may 9rant said variances with respect fo time for compliance, subject fo such farms, conditions and requirements as if may deem reasonable fo achieve maximum com- pliance with fha provisions of this Chapter. Said terms, con- ditions and requirements may include, but shall not be llmifed limitations on noise levels and operafin9 hours. Each such variance shall set forth in detail fha approved method o¢ achievin maximum compliance and a time schedule for its accomplishment. Ordinance No. 828 page 8. 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23' 24 25 26 27 28 29 3O 31 In its 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 to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the 9eneral 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 vlolafion of the terms o¢ said variance shall be unlawful. 4624 APPEALS. Within fifteen 115) days following the decision of the Variance Board on any application the applicant, the Health Officer, or an? 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 fo be computed by the Secretary on the basis of the estimated cost of preparing the materials required to 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. Within fifteen (15) days following receipt of a notice of a~peal and the appeal fee, the Secretary of the Variance Board shall forz~ard fo the City Council co~[es of the application for vari- ance; the recommendation of the Health Officer; the notice of ap;eal; all evidence concerning said application received b'. the Var;ance Board and its decision thereon. In addition, any person may file With the City Council written arguments support- in: or attacking said decision and the City Council may in its ~is~refion hear oral arguments thereon. The City Clerk shall maif to the applicant a notice of the da'?e set for hearing of the appeal. The notice shall be mailed at least fen (10) days ~rior fo the hearing date. Within sixty (60) days following its receipt o¢ the notice of the appeal, the City Council shali ei'~er affirm, modify, or reverse t~e decision of the Variance Board. Such decision shall be based ~pon. the City Council's evaluation o¢ the matters submif~e~ to the C;ty Council in light of the powers conferred on the /ariance Board and the factors to De considered, both as enumerated in Sections 4622 and 4523. As part of ifs decision the Council may direct the Variance Board to conduct further proceedings on said application. Fail- ~rs of the City Council to affirm, modify or reverse the de- cis;on of the Variance Board within said sixty (60) day period sbail constitute an affirmance of the decision. 462~ VIOLATIONS: ~ISDE~EANORS, Any person violatin9 any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. Each day such violation is coramitfed or permitted fo 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 law. 5 6 9 lO 14 15 16 l? 18 19 20 21 22 25 24 26 2? 28 Ordinance No. 828 page 9. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin,. California this day of ATTEST: Donald J. Saltarelli Mayor Mary E. Wynn City Clerk · 1980.