HomeMy WebLinkAboutORD FOR ADOPTION 07-08-80DATE:
JUNE 30, 1980
ORDINANCES FOR ADOPTION
NO. 1
Inter-Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
COMMUNITY DEVELOPMENT DEPARTMENT
REVISED NOISE ORDINANCE
DISCUSSION:
At the June 2, 1980 meeting, the City Council heard testimony from a representative
of Orange County's Public Health Division regarding the draft noise ordinance. At
that time, the Council voiced concerns over added controls and how the new ordinance
would affect residents activity.
Included with this report are copies of the existing noise ordinance and the new
proposal. Those provisions which are being retained from the existing law are out-
lined. These provisions were retained to expedite enforcement of disturbing noisy
situations. The activities (construction, sound equipment) by their nature are
noisy and their control should be by general prohibition. The disturbance can
therefore be controlled without necessitating noise measurement and can be enforced
by the police without having to make a determination of disturbing the peace (415,
State Penal Code).
The Council also was concerned about an ordinance which would affect the homeowner
repair activity after work and on weekends. One suggestion would be to add the
following passages under Section 4617 Special Provisions:
"Noise sources associated with the maintenance, repair, remodeling,
grading and landscaping of residential real property performed by
the owner, provided such activity does take place between the hours
of 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 of per-
sonal property performed by the owner on the owners residential
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."
RECOMMENDED ACTION:
It is recommended that the draft ordinance be adopted with the suggested modifica-
tions or with modifications deemed necessary by the City Council.
TUSTIN CITY CODE NOISE 4611
CHAPTER
NOISE
4611 DISTURBING NOISES PROHIBITED
It shall be unlawful for any person to make, continue, cause or allow to 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
others, are declared to be loud, disturbing, injurious and unnecessary noises
in violation of this Chapter but such enumeration shall not be deemed to be
exclusive: (Ord. No. 239)
(a) Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle, street car or other vehicle on any street
or public place of the City except as a danger warning; the creation by means of
any such signaling device of any unreasonably loud or harsh sound; and the sound-
ing of any such device for an unnecessary and unreasonable period of time. The
use of any signaling device except one operated by hand or electricity; the use
of any horn, whistle or other device operated by engine exhaust; and the use of
any such signaling device when traffic is for any reason held up.
(b) Radios, phonographs, etc. The using, operating or permitting to be
played, used or operated any radio receiving set, television set, musical instru-
ment, phonograph, juke box or other machine or device for the producing or re-
producing of sound in such manner as to disturb the peace, quiet and comfort of
the neighboring inhabitant~ or at any time with louder volume than is necessary
for convenient hearing for the person or persons who are in the room, vehicle
or chamber in which such machine or device is operated and who are voluntary
listeners thereto. ~he operation of any such set, instrument, phonograph,
machine or device between the hours of 11:00 P.M. and 7:00 A.M. in such manner
as to be plainly audible at a distance of fifty feet from the building,
structure or vehicle in which it is located shall be prima facie evidence of a
violation of this Section.
(c) Loudspeakers, amplifiers for advertising. The usin~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 building or str~cture.
(d) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or sing-
ing on the public streets, particularly between the hours of 10:00 P.M. and
8:00 A.M. or at any time or place so as to annoy or disturb the quiet, comfort
or repose of persons in any office or in any dwelling, hotel or other type of
residence or any persons in the vicinity.
(e) Animals, birds, etc. The keeping of any an{m~l or bird which by
causing frequent or long continued noise shall disturb the comfort or repose
of any persons in the vicinity.
(f) Steam whistles. The blowing of any locomotive steam whistle or steam
whistle attached to any stationary boiler except to give notice of the time to
begin or stop work or as a warning of fire or danger or upon request of proper
City authorities.
TUSTIN CITY CODE NOISE 4611(g)
(g) Exhausts. The discharge into the open air of the exhaust of any steam
engine, internal combustion engine stationary or mounted on wheels to run' on
rails or otherwise, motorboat or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
(h) Defect in vehicle or load. The use of any automobile, motorcycle or
vehicle so out of repair, so loaded or in such manner as to create loud and un-
necessary grating, grinding, rattling or other noise.
(i) Loading, unloading, opening boxes. The creation of a loud and exces-
sive noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(j) Construction or repairing of buildings. The erection, excavation for,
demolition, alteration or repair of any building, other than between the hours
of 7:00 A.M. and 6:00 P.M., Monday through Friday (other than holidays), and
other than between the hours of 8:00 A.M. and 6:00 P.M., on Saturdays, except
in cases of urgent necessity in the interests of public health and safety, and
then only with a permit from the Building Inspector which permitmay be granted
for a period not to exceed three (3) days, or less, while the emergency continues
and which permit may be renewed for periods of three (3) days or less while the
emergency continues. If 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 the excavation of any streets or highways within
any other hours, and if he shall further determine that loss or inconvenience
would result to any party in interest, he may grant permission for any such work
to be done at such other times, upon application being made for a permit at the
time the work is awarded or during the progress of the work. The restrictions
of this Subsection shall not apply to work performed by a person on property upon
which he is a resident, nor to repair work by an owner or tenant. (Ord. No.
450, Sec. 1)
(k) Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning, church or
court while the same are in use or adjacent to any hospital which unreasonably
interferes with the workings of any such institution, or which disturbs or un-
duly annoys patients in the hospital, provided conspicuous signs are displayed
in such streets indicating that the same is a school, hospital or court street.
(1) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
(m) Drums. The use of any drum or other instrument or device for the
purpose of attracting attention by creation of noise to any performance, show
or sale.
(n) Transportation of metal rails, pillars and columns. The transporta-
tion of rails, pillars or columns of iron, steel or other material over and
along streets and other public places upon carts, drays, cars, trucks or in any
other manner so loaded as to cause loud noises or as to disturb the peace and
quiet of such streets or other Dublic places.
(o) Pile-drivers, hammers, etc. The operation, other than between the
hours of 7:00 A.M. and 6:00 P.M. Monday through Friday (other than holidays)
and other than between the hours of 8:00 A.M. and 6:00 P.M. on Saturdays, of
any pile-driver, steam or gasoline shovel, pneumatic hammer, derricks, steam
or electric hoist, or other applicances the use of which is attended by loud or
unusual noise. (Ord. No. 450, Sec. 2}
TUSTIN CITY CODE NOISE 4611 (p)
(p) Blowers. The operation of any noise-creating blower power fan or any
internal combustion engine the operation of which causes noise due to the explo-
sion of operating gases or fluids, u~less the noise from such blower or fan is
muffled and such engine is equipped with a muffler device sufficient to deaden
such noise.
(q) Co~pressor, fan etc. The use of any electrically operated compressor,
fan, or other device, other than between the hours of 7:00 A.M. and 6:00 P.M.
Monday through Friday (other than holidays) and other than between the hours of
8:00 A.M. and 6:00 P.M. on Saturdays, in such a -~nner so as to produce noise or
vibration so as to disturb the quiet, comfort or repose of persons in the area
or neighborhood. (Ord. No. 450, Sec. 3)
(r) Pump, motor, etc. The operation of any p,,~, appartus, machine,
machinery, motor, engine or device so as to produce any noise or vibration so
as to annoy or disturb the quiet, co~fort or repose of Persons in the area or
neighborhood. (Ord. No. 9; Ord. No. 239)
(s) Motor Vehicles on Private Property. The operation within three
hundred feet (300') of any residence of any motorcycle, trail bike, mini-bike,
dune buggy, motor scooter, jeep or other motor driven vehicle, other than a
vehicle being used in agricultural or construction operations, on any vacant
lot, railroad right-of-way, vacant property or acreage or upon any portion of
private property other t~han a driveway or road constructed as a ~art of
improvements regularly constructed under a building permit duly issued by City.
(Ord. No. 469)
(t) The operation of any motorcycle, bike, mini-bike, dune buggy, motor
scooter, jeep or any other motor driven vehicle on any public or private
property within the City, in a manner so as to be reasonably likely to disturb
the peace or quiet of any neighborhood or person by noise, dust, _~ke or fumes.
(Ord. No. 469)
1
2
4
5
6
?
8
9
10
11
12
14
15
16
17
18
19
2O
21
22
25
24
25
26
27
28
29
50
51
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.
The City Council of the City of Tustin, Calfornia, does ordain as follows:
Section ii Chapter 6 of Article 4 of the ~usfin City Co~e is amended to
read as follows:
CHAPTER 6
NOISE CONTROL - DISTURBING'NOISES PROHIBITED
4611 DECLARATION OF POLICY.
In order fo control unnecessary, excessive and annoying sounds
emanating from incorporated areas of the city, it is hereby de-
clared fo be the policy of the City fo prohibit such sounds
generated from all sources as specified in this Chapter.
tt is determined fhaf 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
that creating, maintaining, causin§ or allowing fo create, main-
tain 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 followin9 words, phrases and terms as used in this Chapter
shall have the meai]in9 as indicated below:
"Ambient Noise Level" shall mean the all-encompassin9 noise
level associated with a given environment, being a composite of
sounds from ali sources, excluding the alleged, offensive noise,
at the location and approximate time af which a comparison with
the alleged offensive noise is to be made.
"A-Weighted Sound Level" [dB(A)]: A quantify in decibels, read
from a standard sound-level meter that is switched to the weight-
in9 network labeled "A". The A-weighted network discriminates
against the lower frequencies accordin9 to a relationship approxi-
matin9 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 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. 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
2
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
24
25
26
27
28
29
30
"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 the ratio between
two (2) quantifies which are proportional to power: the number
of decibels corresponding fo the ratio of two (2) amounts of
power is fen (10) times the logarithm fo the 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 to pro-
fect, provide or restore safe conditions in the community or for
the citizenry, or work by p~ivafe 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 excavating or filling of earth material, or any
combination thereof, conducted at a site to 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 af slow response with a
reference 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 I of the
Codified Ordinances of the 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.
"Simp'le Tone Noise". A noise characterized by a predominant
frequency or frequencies so that other frequencies cannot be
readily distinguished.
"Sound Level Mefer". An instrument meefin9 American National
Standard Insfifute's Standard S1.4-197~ for Type i or Type 2
sound level meters or an instrument and the associated recording
and analyzing equipment which will provide equivalent data.
1
4
5
8
9
10
11
14
15
16
17
18
19
2O
21
22
25'
24
25
26
27
28
29
51
52
Ordinance No,
page 3.
828
"Sound Pressure Level" of a sound, in decibels, shall mean
twenty (20) times the logarithm fo the base ten (10) of the ratio
of the pressure of the sound fo 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: Alt commercial 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
Noise 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 dB(A] any time
4 55 dB(A) any time
In 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
fo 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
residential property fo exceed:
(1) The noise standard for a cumulative period of more
than thirty (30) minutes in any hour; or
(2i 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
(4) The noise standard plus 15 dB(A) for a cumulative period
Ordinance No. 828
page 4.
1
£
5
6
8
9
10
11
12
14
15
16
of more than one (1) minute in any hour; or
The noise standard plus 20 dB(Al 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 fo 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 fo reflect the maximum ambient noise level.
4615 INTERIOR NOISE STANDARDS.
The following inferior 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 dBIA) 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).
17
18
19
~-0
lb)
If shall be unlawful for any person at 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 the noise level, when measured
within any other dwelling unit on any residential property,
fo exceed:
21
22
25'
25
26
27
28
29
lc)
(1) The interior noise standard for a cumulative period
of more than five (5) minutes in any hour; or
(2)
The interior noise standard plus five (5) dB(A) for
a cumulative period of more than one ll) minute in
any hour; or
(3) The inferior noise standard plus ten (t0) dBIA) 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 fo 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 the maximum ambient noise level.
50
51
52
4616 SPECIFIC DISTURBING NOISES PROHIBITED.
If shall be unlawful for any person fo 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
2
10
~5
17
3.9
~0
~5
Ordinance No. 828
page 5.
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:
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 to any building or structure.
(2) Construction or Repairing of Buildings.
The erection (including excavating), demolition, alter-
afion 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
the emergency continues and which permit may be renewed
for period of three (3) days or less while the emergency
continues. If 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 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 re-
sult fo 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
of the work.
(3) Pile Drivers, Hammers, etc.
The operation between the hours of 6 p.m. and 7
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
noi se.
4617 SPECIAL PROVISIONS.
The following activities shall be .exempted from the provisions
of this Chapter:
ia)
(b)
Activities conducted on the grounds of any public or pri-
vate nursery, elementary, intermediate or secondary school
or college.
Outdoor gatherings, public dances, shows and sporting and
entertainment events provided said events are conducted
pursuant fo a permit (license/permit) issued by the City
pursuant fo 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
pag~ 6.
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
24
25
26
27
28
29
30
31
32
park or p ayground is owned and operated by a public
entity.
Any mechanical device, apparatus or equipment used, related
fo or connected with emergency machinery, vehicle or work.
(e)
Noise sources associated with construction, repair, re-
modeling, or grading of any real property, provided said
activities do not fake place between the hours of 6 p.m.
and 7 a.m. on weekdays, 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 crop~
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 the
hours of 6 p.m. and 7 a.m. on weekdays, including Saturday,
or any time on Sunday or a Federal holiday.
(h)
Mobile noise sources associated with agricultural pest
control through pesticide application progided that the
application is made in accordance with restricted material
permits issued by or regulations enforced by the Agricultural
Commissioner.
Noise sources associated with the maintenance of real
property provided said activities fake place between the
hours of 7 a.m. and 6 p.m. on any day except Sunday or
Federal holidays, or between the hours of 9 a.m. and 6 p.m.
on Sunday or Federal holidays.
Ii) Any activity fo'the extent regulation thereof has been pre-
empfed by State or Federal law.
4618 SCHOOLS, HOSPITALS, COURTS, AND CHURCHES - SPECIAL PROVISIONS.
It 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, to exceed the noise limits 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 hospi¢al,
provided conspicuous signs are displayed in three separate I o-
cations 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 Ordi-
nance 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-condifoning apparatus or refrigeration
system, which was installed prior fo the effective date of said
Ordinance.
Ordinance No. 828
page 7.
1
2
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
32
4620 NOISE LEVEL MEASUREmeNT 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. Inferior noise measurements shall be made within the
dwelling unit affected by exterior noise. The measurement shall
be made at a point af 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 NC, NNER OF ENFORCENtENT.
The Orange County Health Officer and his duly authorized repre-
sentatives are authorized fo enforce the provisions of this
Chapter pursuant fo the provisions of Section 46.0110 of the
Codified Ordinance of the County of Orange, California. The
Orange County Health Officer and his duly authorized repre-
sentatives are authorized, pursuant to Penal Code Section 836.5,
fo arrest any person without a warrant when they have reasonable
cause fo believe fhaf such person has committed a misdemeanor
in their presence.
No person shall interfere with, oppose or resist any authorized
person charged with enforcement of fhls 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
Health 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 i rrrnediafe 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 seventy-five
dollars ($7~) 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 o¢
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 the prO-
visions of this Chapter.
An applicant for a variance shall remain subject fo 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 the County of Orange, California,
shall evaluate all applications for variance from the require-
merits of this Chapter and may grant said variances with respect
fo time for compliance, subject to such terms, conditions and
requirements as if may deem reasonable to achieve maximum com-
pliance with the provisions of this Chapter. Said terms, con-
ditions and requirements may include, but shall not be limited f~
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 ifs accomplishment.
2
3
~.5
20
21
25
26
27
28
30
Ordinance No. 828
page. 8.
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 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 (lb) 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 fo 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 fo or by the Secretary.
Within fifteen (lb) days following receipt of a notice of appeal
and the appeal fee, the Secretary of the Variance Board shall
forward fo the City Council copies of the application for vari-
ance; the recommendation of the Health Officer; the notice of
appeal; all evidence concerning said application received by the
Variance Board and its decision thereon. In addition, any
person may file with the City Council written arguments support-
ing or attacking said decision and the City Council may in ifs
discretion hear oral arguments thereon. The City Clerk shall
appJ icant
mail fo the a nof~ce of the da,e s_f for he,ring of the
appeal. The notice shall be mailed at least ten (lO)Jdays prior
fo the nearing date. Within sixty (60) days followin~ its
receipt of the notice of the appeal, the City Council shall
either affirm, modify, or reverse the decision of the Variance
Board. Such decision shall be based upon the City Council's
evaluation of the matters submitted fo the City Council in light
of the powers conferred on the Variance Board and the factors
fo be considered, both as enumerated in Sections 4622 and 4623.
As part of ifs decision the Council may direct the Variance
Board fo conduct further proceedings on said application. Fail-
ure of the City Council fo affirm, modify or reverse the de-
cision of the Variance Board within said sixty (60) day period
shall constitute an afflrmance of the decision.
4625 VIOLATIONS: MISDEMEANORS.
Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor. Each day such violation is
corrmitted or permitted to continue shall consitute 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.
1
2
5
7
8
10
11
13
14
15
16
17
18
19
2O
21
22
24
25
26
27
28
3O
Ordinance No. 828
page 9.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin, California this __day o¢ , 1980,
ATTEST:
Donald Jo Salfarelti
Mayor
Mary E. Wynn
City Clerk
52