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HomeMy WebLinkAboutORD 828 (1980) ORDINANCE NO. 828 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 2 OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 6 OF ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING ~ TO NOISE CONTROL. 5 The City Council of the City of Tusfin, Calfornia, does ordain as follows: 6 Section 1: Chapter 6 of Article 4 of the Tusfin City Code is amended to read as follows: CHAPTER 6 8 NOISE CONTROL - DISTURBING NOISES PROHIBITED 9 4611DE-~::LARATION OF POLICY. 10 In order fo control unnecessary, excessive and annoyin9 sounds 11 emanating from i.ncorporafed areas of the city, if is hereby de- clared fo be the policy of the City to prohibit such sounds 1~ generated from all sources as specified i'n this Chapter. ~ It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary fo public 14 interest, therefore, the City Council does ordain and declare that creating, maintaining, Causin~ or allowing to create, main- 15 fain or cause any noise in a manner prohibited by or not in conformity with the provisions of this Chapter, is a public 16 nuisance and shall be punishable as such. 17 4612 DEFINITIONS. ~8 The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below: 19 "Ambient Noise Level" shall mean the all-encompassing noise 20 level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, 21 at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "A-Weighted Sound Level" [dB(A)]: A quantify in decibels, read 25 from a standard sound-level meter that is switched to the weight- ing network labeled "A". The A-weighted network discriminates 24 against the lower frequencies according to a relationship approxi- mating the aQdifory sensitivity of the human ear at moderate 25 sound levels. 26 "CNEL" (Community Noise Equivalent Level). A cumulative measure of community noise exposure for a 24-hour day, using the A-weighfing ~7 sound level and expressed in logarithmic units. This CNEL scale fakes into account the single event sound level, single event 28 duration, single event occurrence frequency, and the time of the occurrence of the noise source. Additionally, if applies weight- 29 ing factors which place greater significance on noise events occurring in the night-time (~0 p.m. to 7 a.m.) than on those ~0 during the evening (7 p.m. to ~0 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 conYnercial pur- poses, including, but not limited fo retail and wholesale businesses, and professional offices, but excluding home occupation USES. Ordinance No. page 2. '~Cumulative Period". An additive period of time composed o~ individual time segments which may be continuous or interrupted. "Decibel" (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional fo power: the number of decibels corresponding to the ratio of two (2) amounts of power is fen (lO) times the logarithm to the base fen (lO) 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- tect, 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 condifioners and refrigeration equipment. "Grading". Any excavating or filling of earth material· or any combination thereof· conducted at a 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 manufacturina purposes, including research and development uses, but excluding home occupation cases. "Mobile Noise Source". Any noise source other ~han 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 m'cropascals 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 ~ 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 ~n 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 ~efer". An instrument meeting American National Standard Insfifufe's Standard S~.4-~97~ for Type ~ or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Ordi hence No. 828 page 3. "Sound Pressure Level" of a sound, in decibels, shall mean 2 twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which ~ reference pressure shall be explicitly stated. 4 4613 DESIGNATED NOISE ZONES. 5 The properties hereinaffer described are hereby assigned the following noise zones= 6 Noise Zone 1: All residential properties. Noise Zone 2: All commercial properties. 8 Noise Zone 3: All industrial properties. 9 Noise Zone 4: All special properties such as hospitals, convales- 10 cent homes, public and institutional schools, libraries and churches. 4614 EXTERIOR NOISE STANDARDS. (a) The following noise standards, unless otherwise specifically 1~ indicated, shall apply to all residential property within a designated noise zone. NoiSe Standards 15 Noise Zone Noise Level Time Period 16 1 55 dB('a) 7 a.m. - 10 p.m. 17 50 dB(A) 10 p.m. - 7 a.m. 18 2 60 dB(A) any time 19 3 70 dB(A) any time ~0 4 55 dB(A) any time ~1 In the event the alleged offensive noise consists of impact noice, simple tone noise, speech, music, or any combination 22 thereof, each of the above noise levels shall be reduced by 5 dB(A). ~5 (b) It shall be unlawful for any person at any location within ~4 the incgrporated area of the city to create any noise, or f.o allow the creation of any noise on property owned, leased, ~5 occOpied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other 26 residential property to exceed: ~7 (i) The noise standard for a cumulative period of more than thirty (30) minutes i'n any hour; or (2) The noise standard plus 5 dB(A) for a cumulative period 29 of more than fifteen (15) minutes in any hour; or ~0 (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 Ord i nance ' 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 to reflect said ambient no'se level. In the event the ambient noise level exceeds the ~iffh noise limit category, the maximum allowable noise level under said category shall be increased to reflect 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. - lO p.m. 45 dBIA} ~0 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). (b) If 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 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 interior noise standard plus five (5) dB(AI for a cumulative period of more than one (1) minute in any hour; or (3)The interior noise standard plus ten (10) dBiA) for any period of time. (c) In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumut'afive 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. 4616 SPECIFIC 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 32V Ordinance No. 828 page 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 of this Article, but said enumeration shall not be deemed to be exclusive, namely: ~ (1) Loudspeakers, Amplifiers for Advertising. 5 The using, operating or permitting fo be played, used, or operated of any radio receiving set, musical in- 6 sfrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or re- 7 producing of sound which is cast upon the public streets for the purpose of commercial. advertising or attracting 8 the aftentipn of the pgblic fo any building or structure. 9 (2) Construction or Repairing of Buildings. 10 The erection (including excavating), demolition, alter-' afion or repair of any building other than between the ll hours of 7 a.m. and 6 p.m. on week days, except in case of urgent necessity in the interest of public 12 health and safety, and then only with a permit from the building inspector, which permit may be granted for 1~ a period not fo exceed three (3) days or less while the emergency continues and which permit may be renewed 14 for period of three (3),.'days or less while the emergency continues. If the building inspector should determine 15 fhaf the public health and safety will not be impaired by the erection, demolition, alteration or repair of 16 any building or the excavation of streets and highways within the hours of 6 p.m. and 7 a.m. and if he shall 17 further determine that loss or inconvenience would re- sult to. any party in interest, he may grant permission 18 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 19 permit For the work is awarded or during the progress of the work. 20 (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 aftended by loud or unusual noise. 4617 SPECIAU PROVISIONS.. The following activities shall be exempted from the provisions of this Chapter: 27 (a) Activities conducted on the grounds of any public or pri- vate nursery, elementary, intermediate or secondary school 28 or college, public agency, and public utility. 29 (b) Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are conducted ~0 pursuant to a permit ~license/permif) issued by the City pursuant to Article 3, Chapter 2 of the Tusfin City Code 31 relative fo the staging of said events. (cl Activities conducted on any park or playground provided such Ordinance No. ~ ~- page 6. park or playground is owned and operated by a public entity. (d)Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work. (e) Noise sources associated with construction, repair, remodeling, 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 week- days, including Safurday,'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 fake 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. Ih) Mobile noise sources associated with agricultural pest control through pesficide application 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 acifivites 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. (j) Any activity tO the extent regulation thereof has been pre- empfed by State or Federal law. (k) Noise sources associated with the maintenance, repair, remodel- ing, grading and landscaping of residential real property per- formed 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. il) Noise sources associated with the maintenance and repai~ of personal property performed by the owner on the owneF's resi- dential 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. 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, to exceed the noise limits as specified in Section 4614 prescribed for the assigned noise zone in which f.he 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. 46~9 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 ~614 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 MEASUREMENT 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 at 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 maae with the windows of the affected unit .open. 4621 MANNER OF ENFORCEMENT. The Orange County Health Officer and his duly authorized repre- sentatives are authorized fo enforce the provisions of this Chapter pursuant to the provisions of Section 46.0110 of the Codified Ordinance of the County of Orange, California. The Orange County Health Officer andhis duly authorized repre- sentatives are authorized, pursuant fo Penal Code Section 836.5, fo arrest any p~rson without a warrant when they have reasonable cause to 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 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 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 ~n the amount of seventy-five dollars {$75) or as hereinaffer 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 combi.ned into one application. Upon receipt of said application and fee, the Health Officer shall refer if with his recommendation thereon within thirty (30) days to the Noise Variance Board for action thereon in accordance with the 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 the County of Orange, California, shall evaluate all applications for variance from the require- meats of this Chapter and may grant said var'ances with respect fo time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum com- pliance with the provisions of this Chapter. Said terms, con- ditions and requirements may include, but shaTI 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 its accomplishment. Ordinance No. 828 page 8. 1 In its determinations said Board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingemerit 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 4 equipment; and the general public interest and welfare. Any variance granted by said Board shall be by resolution and shall 15 be transmitted to the Health Officer for enforcement. Any violation of the terms of said variance shall be unlawful. 6 4624 APPEALS. Within fifteen (15) days following the decision of the Variance 8 Board on any application the applicant, the Health Officer, or any member of the City Council, may appeal the decision to the 9 City Council by filing a notice of appeal with the Secretary of the Variance Board. In the case of an appeal by the appl i- 10 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 11 estimated cost of preparing the materials required fo be for- warded to the C~ty Council as discussed hereafter. If the actual 12 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 14 and the appeal fee, the Secretary of the Variance Board shall forward to'the City Council copies of the application for vari- :[5 ance; the recommendation of the Health Officer; the notice of appeal; all evidence concerning said appl ication received by the 16 Variance Board and its decision thereon. In addition, any person may file with the City Council written arguments supporf- 3.? ing or attacking said decision and the City Council may in its discretion hear .oral arguments thereon. The City Clerk shall 38 mail tO the applicant a notice of the date set for hearing of the appeal. The notice shall be m. ai led at least ten (10) days prior 19 to the hearing date. Within sixty (60) days following its receipt of the notice of the appeal, the City Council shall 20 either affirm, modify, or reverse the decision of the Variance Board. Such decision shall be based upon the City Councit's 21 evaluation of the matters submitted to the City Council in light of the powers conferred on the Variance Board and the factors 22 to be considered, both as enumerated in Sections ~F622 and 4623. 2;5 As part of its decision the Council may direct the Variance Board to conduct further proceedings on said application. Fail- 2Z]= ure of the City Council TO affirm, modify or reverse the de- cision of the Variance Board within said sixty (60) day period 25 shall constitute an aff'rmance of the decision. 26 4625 VIOLATIONS: t~ISDEN~EANORS. 2? Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor. Each day such violation is 28 committed or permitted fo continue shall consitute a separate offense and shall be punishable as such. The provisions of 29 this Chapter shall not be construed as permitted conduct not prescribed herein and shall not affect the enforceability of any ~0 other applicable provisions of law. Ordinance No. 828 page 9. 1 PASSED AND ADOPTED af a regular meeting of the ify ouncil of the 2 City of Tusfin, California this 21st day of July , 1980. D'ona I d J. Sa I.f ar~l I i 5 /~ayor ," 6 ATTEST: 9 City Clerk 15 16 17 -- 1.8 19 ~0 ~5 ~8 ~9 ~0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio of the City Council of the City~ Tustin, California, does hereby certify that the whole number of members of the City Council of'the City'of Tustin is five; that the above and fore- going Ordinance No. 828 was duly and regularly introduced and read at a regular meeting of the City Council held on the 8th day of July , 1980, and was given its second reading and duly passed and adopted at a regular meeting held on the 21st day of July 1980, by the following vote: AYES : COUNCIL~fN: EDGAR, HOESTEREY, KENNEDY, SHARP NOES : COUNCIE~EN: SALTARELLI ABSENT: COUNCILMEN: NONE MARY E. WYNN, City Clerk City of Tustin,California bYKAREN j. B/~'j'~/"~'~S~'ty Clerk City of Tustin, California