HomeMy WebLinkAboutORD FOR ADOPTION 06-02-80 (2)ORDINANCES FOR ADOPTION
No. 2
6-2~80
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 had first reading and introduction at the May 19, 1980
meeting.
Council had questions about noise levels and staff responded that they
would try to have someone at the June 2nd meeting to explain the noise
levels.
Mr. E. G. Brickson, Division of Environmental Health of Orange County
will be present at today's meeting to explain noise levels as contained
in the Ordinance and to answer questions the Council may have.
RECOMMENDATION:
M. O. - that Ordinance No. 828 have second reading by title only.
M. O. - that Ordinance No. 828 be passed and adopted.
(ROLL CALL VOTE)
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ORDINANCE NO. 828
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, A~ENDING 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 1: Chapter 6'of Article 4 of the Tustin City Code is amended fo
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.
If is determined that certain noise levels are detrimental to
the public health, welfare and safety and contrary fo public
interest, therefore, the City Council does ordain and declare
that creating, maintaining, causingOr 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, bein9 a composite of
sounds from all sources, excludin9 the alleged offensive noise,
at the location and approximate time at which a comparison with
the alleged offensive noise is fo be made.
"A-Weighted Sound Level" [dB(A)]: A quantify in decibels, read
from a standard sound-level meter that is switched fo the wei9ht-
in9 network labeled "A". The A-weighted network discriminates
against the lower frequencies according fo 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-weightin9
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-
in9 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. fo 10 p.m.) or daytime (7 a.m. fo 7 p.m.),
respectively.
"Con~mercial 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.
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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 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 Il0) times the logarithm fo the base fen (lOI 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 cornm~nity 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 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 metion 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 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 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.
"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.
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Ordinance No. 828
page 3.
"Sound Pressure Level" oF a sound, in decibels, shall mean
twenty 120) times the logarithm to 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: All 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.
ia)
The following noise standards, unless otherwise specifically
indicated, shall apply fo 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 dBiA) 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 forte noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by
5 dB(A).
(b)
It shall be unlawful for any person af 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 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
(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
14) The noise standard plus 15 dBIA) for a cumulative period
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Ordinance No. 828
page 4.
of more than one (1) minute in any hour; or
(5) The noise standard plus 20 dBIA) 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 noi. se level under said category shall be
increased fo reflect the maximum ambient noise level.
4615 INTERIOR NOISE STANDARDS.
(a)
The following interior noise standards, unless otherwise
specifically indicated, shall apply fo all residential
property within a designated noise zone:
Inferior Noise Standard~
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).
(bi
it shall be unlawful for any person af 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 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
(2)
The inferior noise standard plus five (5) dB(A) for
a cumulative period of more than one (1) minute in
any hour; or
(3) The inferior noise standard plus fen (10) dB(A) for
any period of time.
(c)
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 the maximum ambient noise level.
4616 SPECIFIC DISTURBING NOISES PROHIBITED.
If 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 com, forf, repose, health, peace, or safety of others within
the imifs of the city and the fo owing acts and things, among
Ordinance No. 828
page 5.
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others, which are in excess of the levels described in Sections
4614 and 4615 are declared fo be loud, disturbing, injurious,
and unnecessary noises in violation o¢ this Article, but said-
enumeration shall not be deemed fo be exclusive, namely:
(1} Loudspeakers, Amplifiers for Adverfisin9.
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 permlf 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 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 defermlne that loss or inconvenience would re-
suit 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
of the 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 PROVISIONS.
The following activities shall be exempted from the provisions
of this Chapter:
ia)
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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
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
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Ordinance No. 828
page 6.
(e)
(f)
(g)
(h)
park or playground is owned and operated by a public
entity.
Any mechanical device, apparatus or equipment used, related
to or connected with emergency machinery, vehicle or work.
Noise sources associated wifh construction, repair, re-
modeling, or grading of any real property, provided said
activities do not take place between the hours of 6 p.m.
and 7 a.m. on weekdays, incl.uding 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 progided that the
application is made in accordance with restricted material
permits issued by or regulations enforced by the Agrlculfural
Commissioner.
Noise sources associated with the maintenance of real
property provided said activities take 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.
Any activity to'the extent regulation thereof has been pre-
empfed by State or Federal law.
4618 SCHOOLS, HOSPITALS, COURTS, AND CHURCHES - SPECIAL PROVISIONS.
If shall be unlawful for any person to create any noise which
causes the noise level af any school, hospital, court, or church
while the same is in use, fo exceed the noise limits as specified
in Section 4614 prescribed for the assigned noise zone in which
the schoo'l, 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 hosplfal,
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, OF 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 SdB(A) where the alleged
noise source is an air-conditoning apparatus or refri9erafion
system, which was installed prior fo the effective date of said
Ordinance.
Ordinance No. 828
page 7.
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4620 NOISE LEVEL /VEASUREtCENT CRITERIA.
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 the
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 noise source and may be
made with the windows of the affected unit open;
4621 tCANNER OF ENFORCEMENT.
The Orange County Health Officer and his duly authorized repre-
sentatives are au,horized ,o enforce ,he provisions of ,his
Chapter pursuant to ,he provisions of Section 46.0110 of ,he
Codified Ordinance of ,he Coun,y o¢ Orange, California. The
Orange County Health Officer and his duly authorized repre-
sentatives are authorized, pursuant to Penal Code Section 836.5,
,o arrest any person wi,hour a warrant when they have reasonable
cause fo believe ,hat 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
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 ir n mediate compliance cannot
be achieved, a proposed method of achieving compliance, and a
proposed time schedule for ifs accomplishment. Said application
shall be accompanied by a fee in the amount of seventy-five
dollars ($75) or as hereinafter amended by the Orange County
Board of Supervisors. A separate application shall be filed
each noise source; provided, however, that several mobile sources
under common ownership, or several fixed sources on a single
property may be combined in[o one application. Upon receipt of
said application and fee, the Health Officer shall refer it with
his recommendation thereon within thirty i30) 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 forms of fhls ordinance until a variance is 9ranted,
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-
menfs of this Chapter and may grant said variances with respect
fo time for compliance, sub]ecl to such terms, conditions and
requirements as it may deem reasonable fo achieve maximum com-
pliance with the provisions of this Chapter. Said terms, con-
difions and requirements may include, but shall no, be limited f~
limitations on noise levels and operating hours. Each such
variance shall set forth in detail the approved method of achievin9
maximum compliance and a time schedule for ifs accomplishment.
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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, financi'ng and construction of remedial
work; the economic factors related fo 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 forms 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 fo 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 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 ifs 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 its
discretion hear oral arguments thereon. The City Clerk shall
mail fo the applicant a notice of the date set for hearing of the
appeal. The notice shall be mailed at least fen (10) days prior
to the hearing date. Within sixty (60) days following 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
to be considered, both as enumerated in Sections 4622 and 4623.
As part of its decision the Council may direct the Variance
Board to conduct further proceedings on said application. Fail-
ure of the City Council to affirm, modify or reverse the de-
9ision of the Variance Board within said sixty (60) day period
shall constitute an affirmance 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
committed 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.
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Ordinance No. 828
page 9.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City o¢ Tustin, California this day of , 1980.
ATTEST:
Donald J. Saltarelli
Mayor
Mary E.~Wynn
City Clerk