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O1239 e e CA:RMM:SSS C1ty Counc11 Meet1ng 12-8-81 Santa Mon1ca, Ca11forn1a ORDINANCE No. 1239 (C1ty Counc1l Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ESTABLISH AN INTERIM AIRPORT NOISE LIMIT OF 100 SENEL AND TO EXTEND THE DEPARTURE CURFEW. WHEREAS, it is the po11cy of the City of Santa Monica to abate n01se by a1rcraft uS1ng the Santa Mon1ca A1rport and to proh1b1t use of the A1rport by particularly n01sy types of a1rcraft; and WHEREAS, the City's r1ght to enforce a Single Event N01se Exposure Level (SENEL) l1rn1t of 100 dB was upheld 1n Santa Mon1ca A1rport Associat1on v. C1ty of Santa Mon1ca; and WHEREAS, the C1ty 1S pre11m1nar1ly en]o1ned from enforc1ng its SENEL l1mit of 85 dB pend1ng tr1al 1n Nat10nal Bus1ness A1rcraft Assoc1ation v. City of Santa Monica; and WHEREAS, the C1ty 1S undertaking a comprehens1ve reV1ew of a1rport noise and land use compat1bility; and WHEREAS, the pub11c health, safety, and welfare requ1re that there be an enforceable a1rport noise limit: and WHEREAS, the City Council of the City of Santa Monica deS1res to repeal the SENEL 11ffi1t of 85 dB and establish an 1nter1ffi SENEL limit of 100 dB pending further study of appropriate long-term noise abatement measures; and 1 e e WHEREAS, extensIon of the departure curfew by one hour each mornIng would, in the opinion of experts and resIdents, s1gnlflcantly reduce dIsturbance and annoyance caused by aIrcraft nOIse, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. SectIon 10101 of the Santa Monica MuniCipal Code 15 hereby amended to read as follows: SectIon 10101. Hours. The aIrport shall be open for publIC use at all reasonable hours of the day and nIght, subJect to such restrictions as are prOVided herein or are due to inclement weather, the conditions of the landing area, the presentation of special events, and like causes as may be determIned by the Airport DIrector. Night landlngs wIll be permItted, but night take-offs or engine start-ups are prohibIted between the hours of 11:00 p.m. and 7:00 a.m. on Monday through FrIday and 11:00 p.m. through 8:00 a.m. on Saturday and Sunday. The AIrport DIrector or In his absence the Watch Commander of the Santa Monica PolIce Department may approve take-off or landIng during said hours, provided it appears that an emergency involVIng life or death eXIsts, and approval is obtained before take-off. 2 e e SECTION 2. Section 10105B of the Santa Monica MunicIpal Code is hereby amended to read as follows: Section 10105B. Restr Ictlons Alrport. (a) Prohlb~tlon And Remedy for Repeated Vlolation. An aircraft tak~ng off from or land~ng at the Airport shall not be operated In vlolatlon of thIS section. A person who vlolates thIS section more than once may, at the discretion of the Airport Dlrector and after belng given notlce and an opportunlty to be heard, be prohib~ted from uSIng the Alrport for a period not to exceed 180 days, except upon such condltlons as the Alrport Dlrector may prescrlbe. The remedy provided In thIS subsectlon shall be supplemental to any other remedy prov1ded by law. Each violatlon subsequent to the f~rst v~olatlon shall be speclfically remediable. (b) DefIn~t~ons. Each of the terms as used In thIS section shall be defIned as for the AIrcraft NOIse Santa Monlca Municlpal follows: (1) Sound pressure level (SPL): The sound pressure level, In decIbels (dB), of a sound 1S twenty times the logarIthm to the base 10 of the ratIo of the pressure of thIS 3 e e sound to the reference sound pressure. The reference pressure shall be 20 micropascals (20 mlcronewtons per square meter, or 0.0002 mlcrobar) . (2) NOIse level (NL): The nOIse level, 1n decIbels, 1S an A-weighted sound pressure level as measured uS1ng the slow dynamIc characteristIcs for sound level meters specIfIed In the AmerIcan National Stanndard Specification for Sound Level Meters, ANSI Sl.4-1971 (or latest reVISIon thereof.). The A-we1ght1ng characteristIcs modifIes the frequency response of the measurIng Instrument to account approxImately for the frequency characterIstIcs of the human ear. The reference pressure 15 20 micropascals. (3) Noise Level MaXImum (NLM): The maXImum NL reached dur1ng an aIrcraft nOIse occurrence. ThIS IS synonymous with the unIt IIdBAMII as found In FAR-36, Part 36, Appendix F. (4) NOIse exposure level (NEL): The nOIse exposure level in deCIbels IS the noise accumulated durIng a gIven event. More specIfIcally, the nOIse exposure level IS the level of the tIme-Integrated A-weIghted sound pressure for a stated tIme Interval or event, 4 e e based on micropascals second. a reference pressure of 20 and a reference duration of one (5) (SENEL): level, SIngle event nOIse The sIngle event In decibels, 1S the exposure level nOIse exposure noise exposure level of a single event, such as an aIrcraft flyby, measured over the tIme interval between the InitIal and f1nal times for which the noise levels of a sIngle event exceeds the threshold nOIse level. For Implementat10n of this SectIon, the threshold nOIse level shall be 65 NL. (6) CalIfornIa Airport NOIse Standards: The Cal1fornIa AIrport N01se Standards are defIned 1n the California Department of AeronautIcs uNOIse Standards", CalIfornIa Adm1n1strat1ve Code, Subchapter 6, TItle 4 (Reg1ster 70, No. 48, November 28, 1970), or latest rev1sions thereof. (7) Aircraft Operator: AIrcraft operator means the legal or beneficial owner of the aIrcraft with authorIty to control the aIrcraft utilizatIon; except where the aIrcraft is leased, the lessee is the operator. AIrcraft operator also means the pilot of an aircraft. 5 e e (8) C~ty: C~ty means the C~ty of Santa Mon1ca. (9) A1rport: AIrport means the Santa Monica Mun1c1pal AIrport. (10) Aircraft MOdel: Aircraft Model means a verSIon of an aircraft that requires or If now manufactured would require n01se certification under FAA rules. (c) Methodology. The nOIse levels generated by aircraft takeoffs or a1rcraft landIngs at the AIrport are to be measured at one or more posItIons In the vIc1n1ty of the Airport. The measurements shall be in terms of the SENEL. The measured SENEL values are to be compared wIth noise level limits established by thIS Section. An a1rcraft operator whose aircraft produces noise levels wh1ch exceed the SENEL limits shall be deemed to be in violation of thIS Section. (d) Measurement Locations. Measurements shall be made at ground posItIons on or near the center line of nomInal takeoff and landIng flIght tracks for aIrcraft operat1ng from the AIrport. The nom1nal flIght track 1S a lIne proJected on the ground under the norn~nal fl1ght path of the alrcraft. Measurement pos1tIons shall be 6 e e established fee t from west end measuremen t needed to Sectlon. (e) Frequency of Measurement. At each established mlcrophone locatIon, slngle event nOlse exposure level measurements shall be made on a schedule to be establIshed by the by the City at a posItIon 1500 the east and 1500 feet from the of the runway. AdditIonal posItions may be establlshed as carry out the purpose of thIS CIty. (f) NOIse MonItorIng System Speclflcations. The noise monIorlng system shall measure the sIngle event nOIse exposure level of noise events exceedIng the nOIse threshold establIshed at each measurement posltion and shall log the time of occurrence of each event. The performance of the nOIse monItorIng system shall meet the requIrements establIshed In NOlse Standards, as amended. In general the overall accuracy of the nOIse measurement system shall be +1.5 dBAs determIned In accordance wlth the procedures speclfIed In Section 5080.3 of the California Airport NOIse Standards, as amended. (g) FIeld Measurement Precautlons. SpecIfIC locations of the monitoring systems 7 e e shall be chosen, whenever poss~ble, such that the no~se levels contr~buted from sources other than a~rcraft shall be equal to or less than GOdB. The measurement mIcrophone shall be placed 20 feet above the ground level or at least 10 feet from the neighboring rooftops, whichever is higher. To the extent pract~cal, the following precautIons should be followed: (1) Each monItoring locat~on shall be ~n an open area surrounded by relat~vely flat terraln haVIng no exceSlve sound absorption characterIstIcs such as may be caused by thIck tall grass, shrubbery or wooded areas. (2) No obstructIons WhICh would slgnIflcantly influence the sound fIeld from the aIrcraft shall eXIst WIthin the conIcal space above the measurement positIon, the cone belng defIned by an aX1S along the llne of sight normal to the aIrcraft and by a half angle of 75 degrees from thIS aXIS. (3) When the foregoing precautions are not practIcal, the mIcrophone shall be placed at least 10 feet above neighboring bUIldIngs In a poSItIon which has a clear Ilne-of-slght VIew to the path of the aIrcraft in flIght. 8 e It ( h) Maximum Allowable S~ngle Event No~se Level (SENEL) . The City shall set no~se level limIts for each of the establ~shed measurement posItions. For the nOIse monItor stations specIfIed In subsectIon (d) above, the maximum permissIble SENEL shall be 100 DecIbels. SECTION 3. SectIon 101058 of the Santa MonIca MunICIpal Code, as amended by Section 2 of thIS OrdInance, is repealed and shall be of no effect on the l81st day following its effectIve date. It is the Intent of the CIty CouncIl to adopt appropriate noise abatement measures upon completlon of an Aircraft Noise and Land Use CompatibilIty Study. SECTION 4. Any provIsIon of the Santa MonIca MuniCIpal Code or appendIces thereto inconsIstent WIth the provIsIons of this ordInance, to the extent of such InconsistencIes and no further, are hereby repealed or modifIed to that extent necessary to affect the provisions of thIS ordInance. SECTION 5. If any sectIon, subsectIon, sentence, clause, or phrase of this ordInance IS for any reason held to be invalId or unconstItutIonal by a deciSIon of any court of any competent JurIsdIction, such deCISIon shall not affect the valIdIty of the remaInIng portIons of the ordInance. The CIty Councll hereby declares that It would have passed th~s ordInance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether 9 e e any portIon of the ordInance would be subsequently declared Invalid or unconstItutIonal. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of thlS ordInance. ThlS Clty Clerk shall cause the same to be publIshed once In the official newspaper wIthIn fIfteen (15) days after its adoptIon. The ordinance shall become effectIve after thIrty (30) days from Its adoptIon. APPROVED AS TO FORM: ~~~~ Robert M. Myers CIty Attorney 10 .. !c" of e e ADOPTED AND APpDQVED THIS 8th DAY OF , 1 981 . December /1 I . ~ ,I / 'If, , 1/ (/ l)tlf(~~~~?ifrqrtL2J J I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~ NO. 1239(CCS) , WAS DULY AND REGULARLY INTRODUCED AT A t1EETING OF THE CITY COUNCIL ON THE 27th DAY OF October, 1981; THAT THE SAID ORDINANCE HAS THEREAFTER DUL Y ADOPTED AT A NEETING OF THE CITY COUUCIL OiJ THE 8th DAY OF December 1981 BY THE FOLLOHING COUNC IL VOTE: AYES: COUN~~LMEMBERS: Conn, Edwards, Jennings, Press, Zane, Mayor Yannatta Goldway fJOES: COUNCIU.1EMBERS: ?>Ione ABSENT: CQUliCIU1Ef1BERS: None ABSTAIN: CQUnCILMEMBERS: Reed ATTEST: t2~' 'n~lgtu CITY CLERK ~