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HomeMy WebLinkAboutORD 1083 (1992) ORDINANCE NO. 1083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 4616, A PORTION OF CHAPTER 6 OF ARTICLE 4 OF THE TUSTIN CITY CODE, TO ALLOW OUTDOOR SOUND AMPLIFYING DEVICES AS AUTHORIZED BY THE TUSTIN CITY COUNCIL OR PLANNING COMMISSION The'City Council finds and determines as follows: A. Section 4616(1) of the Tustin City Code prohibits the use of loudspeakers or amplifiers for advertising or attracting attention to any commercial building or use; B. The judicious use of loudspeakers or amplifiers may not constitute a noise nuisance; C. The use of loudspeakers or sound amplifying devices may not adversely impact public health, safety or general welfare in all circumstances, if exterior noise standards indicated in Section 4616 of the TustinCity code are met; D. The use of loudspeakers or other such sound amplifying devices should be authorized by the City Council or Planning Commission via Minute Order on a case-by-case basis; E. The Director of Community Development shall have the authority and discretion to require as needed sound tests conducted by a qualified professional to ensure that exterior noise standards of Section 4614 are not exceeded; and F. The applicant or business owner or operator requesting the use of the sound amplifying device shall be responsible for the cost of such testing. NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: Section 1 Section 4616(1) of the Tustin City Code is amended to read as follows:' "4616 SPECIFIC DISTURBING NOISES PROHIBITED "It shall be unlawful for any person to make, continue, cause to allow to be made or continued for any amount of time the following acts and things which are in excess of the levels described in Sections 4614 and 4615, and which ] Ordinance No. 1083 2 Page 2 4 are hereby declared to be unnecessary, excessive and annoying in violation of this Article: "(1) Loudspeakers, Amplifiers for Advertising. The 6 using, operating or permitting to be played, used, or operated of any radio receiving set, musical 7 instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the 8 producing or reproducing of sound which is cast upon the public streets for the purpose of commercial 9 advertising or attracting the attention of the public to any commercial building or structure. 10 Loudspeakers or other sound amplifying devices may 1] be allowed on private commercially-zoned property on a case-by-case subject to the approval of the City 12 Council or Planning Commission. Such devices shall meet exterior noise standards of Section 4614. Upon 13 receivinqwritten complaints or objections reqardinq  approved sound amplifying devices, the Director of Community Development may require sound tests conducted by a qualified professional to determine compliance with exterior noise standards. The applicant, business owner, or operator of the sound ]O amplifyinq devise shall be responsible for the costs of such noise tests. Passed and adopted at a regular meeting of the City Council . held on the 21st day of April, 1992. CHARLES E. PUCKETT Mayor 26 27 28 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1083 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1083 was duly and regularly read and introduced at a regular meeting of the City Council held on the 6th day of April, 1992, and was given its second reading and duly passed and adopted at a regular meeting held on the 21st day of April, 1992, by the following vote: COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None