SR-800-009-03 (5)
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CA:RMM:jld026jhpc
City Council Meeting 3-24-87
Santa Monica, California
ORDINANCE NUMBER 1406(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO THE
REGULATION OF NOISE AND VIBRATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 3A is added to Article IV of the Santa
Monica Municipal Code to read as follows:
Chapter 3A. Noise.
SECTION 4301.
Declaration of Policy.
The
city council finds and declares:
(a)
In
order
to
control unnecessary,
excessive, and annoying noise and vibration in the
City of Santa Monica, it is hereby declared to be
the pol icy of the City to prohibit such noise and
vibration generated from or by all sources as
specified in this Chapter.
(b) It is determined that certain noise
levels and vibration are detrimental to the public
health, welfare, and safety, and contrary to public
interest and, therefore, the City council of the
City of Santa Monica does ordain and declare that
creating, maintaining, causing or allowing to be
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created, caused, or maintained, any noise or
vibration in a manner prohibited by, or not in
conformity with, the provisions of this Chapter, is
a public offense and shall be punishable as such.
SECTION 4302. pefinitions. The following
words and phrases as used in this Chapter shall have
the following meanings:
(a) Allowable Exterior Median Noise Level.
The maximum noise level as measured in decibels
permitted in a Noise Zone.
(b) Ambient Noise Level. The
all-encompassing noise level associated with a given
environment, being a composite of sounds from all
sources, excluding the alleged offensive noise, at
the location and approximate time at which a
comparison with the alleged offensive noise is to be
made.
(c) A-Weiqhted sound Level. The total sound
level in decibels of all sound as measured with a
sound level meter with a reference pressure of 20
micro-pascals using the A-weighted network (scale)
at a slow response. The unit of measurement shall
be defined as dBA.
(d) Communitv Noise Officer. The person
designated by the City Manager to administer the
provisions of this Chapter.
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(e) CUmulative Period. An additive period
of time composed of individual time segments which
may be continuous or interrupted.
(f) Decibel (dB). A unit which denotes the
ratio between two quantities which are proportional
to power: the number of decibels corresponding to
the ratio of two amounts of power is ten times the
logarithm to the base ten of this ratio.
(9) Emerqency l'fachinery, Vehicle, Work, or
Alarm. Any machinery, vehicle, work, or alarm used,
employed, performed, or operated in an effort to
protect, provide, or restore safety conditions in
the community or for the citizenry, or work by
private or public utilities when restoring utility
service.
(h) Fixed Noise Source. A stationary device
which creates sounds while fixed or motionless,
including, but not limited to, residential,
agricul tural, industrial, or commercial machinery,
equipment, pumps, fans, compressors, air
conditioners, construction, or refrigeration
equipment.
(i) Gradinq. 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.
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(j) Hertz (Hz). The unit which describes
the frequency of a function periodic in time which
is the reciprocal of the period.
(k) Health Care Institution. Any hospital,
convalescent home, or other similar facility,
excluding residential care facilities which provide
health care, medical treatment, room, board, or
other services for the ill, retarded, or
convalescent.
(1) Imoulsive Noise. A noise of short
duration usually less than one second and of high
intensity, with an abrupt onset and rapid decay.
(m) ~ntrudinq Noise Level. The total sound
level, in decibels, created, caused, maintained, or
originating from an alleged offensive source at a
specified location while the alleged offensive
source is in operation.
(n) Maior Roadway. Any
boulevard, freeway, or highway
vehicle traffic by the public.
(0) Mobile Noise Source. Any noise source
other than a fixed noise source.
street,
used for
avenue,
motor
(p) Person. A person, firm, association,
co-partnership, joint venture, corporation, or any
entity, public or private in nature.
(q) ~imple Tone Noise. A noise
characterized by a predominant frequency or
frequencies so that other frequencies cannot be
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readily distinguished. If measured, Simple Tone
Noise shall exist if the one-third octave band sound
pressure level in the band with the tone exceeds the
arithmetic average of the sound pressure levels of
the two contiguous one-third octave bands by: 5 dB
for frequencies of 500 Hz and above; by 8 dB for
frequencies between 160 and 400 Hz; and, by 15 dB
for frequencies less than or equal to 125 Hz.
(r) Sound Level Meter. An instrument
meeting American National Standard Insti tute r s
Standard 51.4-1971 or most recent revision thereof
for Type 1 sound level meter or an instrument and
the associated recording and analyzing equipment
which will provide equivalent data.
(5) Sound Pressure Level. Twenty times the
logarithm to the base 10 of the ratio of the
pressure of the sound to a reference pressure shall
be explicitly stated.
(t) Vibration. Any movement of the earth,
ground, or other similar surface created by a
temporal and spacial oscillation of displacement r
velocity, or acceleration in any mechanical device
or equipment located upon, attached or affixed to,
or in conjunction with that surface.
SECTION 4303. Decibel Measurement Criteria.
Any decibel measurement made pursuant to the
provisions of this Chapter shall be based on a
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reference sound pressure of 20 micro-pascals as
measured with a sound level meter using the
A-weighted network (scale) at slow response.
SECTION 4304. Desiqnated Noise Zones. The
properties hereinafter described are hereby assigned
to the following noise zones:
Noise Zone I. All noise or vibration sources
located within any residential (uRn) district
created by Municipal Code section 9103 or any
revisions thereto.
Noise Zone II. All noise or vibration sources
located within any commercial district (any "cu
district), including any neighborhood commercial
district, created by Municipal Code section 9103 or
any revisions thereto.
Noise Zone III. All noise or vibration
sources located within any manufacturing or
industrial district (any "Mil district) as created by
Municipal Code section 9103 or any revisions
thereto.
SECTION 4305. Exterior Noise Standards.
(a) The following noise standards, unless
otherwise specifically indicated, shall apply to all
property with a designated noise zone during the
times indicated:
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II
ALLOWABLE
EXTERIOR
MEDIAN
TIME ;INTERVAL NOISE LEVEL
Monday through Friday:
12 am to 7 am and
from 10 pm to 12 am 50 dBA
7 am to 10 pm 60 dBA
Saturday and Sunday:
12 am to 8 am and
from 10 pm to 12 am 50 dBA
a am to 10 pm 60 dBA
12 am to 7 am and
from 10 pm to 12 am 60 dBA
7 am to 10 pm 65 dBA
Anytime 70 dBA
NOISE
ZONE
I
III
(b) For each Noise Zone, the allowable
exterior median noise level shall be reduced by 5
dBA for impulse or simple tone noises, or for noises
consisting of speech or music. If the ambient noise
level exceeds the allowable exterior noise level
standard, the ambient noise level shall be the
standard.
(c) Except as provided for in this Chapter,
it shall be unlawful for any person at any location
within the City to create any noise, or to allow the
creation of any noise on property owned, leased,
occupied, or otherwise controlled by such person,
which causes the noise level to exceed:
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( 1) The noise standard
applicable Noise Zone for a cumulative
more than 15 minutes in any half-hour; or
(2) The noise standard for the
applicable Noise Zone plus 5 dBA for a cumulative
period of more than 7-1/2 minutes in any half-hour;
for the
period of
or
(3) The noise standard for the
applicable Noise Zone plus 10 dBA for a cumulative
period of more than 3 minutes in any half-hour; or
(4) The noise standard for the
applicable Noise Zone plus 15 dBA for a cumulative
period of more than 1 minute in any half-hour; or
(5) The noise standard for the
applicable Noise Zone plus 20 dBA for any period of
time.
SECTION 4306. Exemptions. The following
activities, unless otherwise specifically indicated,
shall be exempted from the provisions of this
Chapter:
(a) Activities conducted on public
pUblic playgrounds, and public or private
grounds including, but not limited to,
athletic and school entertainment events.
(b) outdoor gatherings, pUblic dances, shows,
and sporting and entertainment events, provided said
events are conducted pursuant to a permit or license
parks,
school
school
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issued by the appropriate jurisdiction relative to
the staging of said events.
(c) Any alarm or emergency device, apparatus,
or equipment regulated by Municipal Code sections
3960 through 3970.
(d) Noise sources associated with the
installation, repair, or replacement of utilities or
public services between the hours of 7:00 a.m. and
8: 00 p.m., Monday through Friday, and between 9: 00
a.m. and 8:00 p.m. on Saturday.
(e) Emergency work required to be performed
to protect persons or property following public
calamity or from imminent exposure to danger or
hazards, including the restoration of utilities or
other public services following a storm, earthquake,
accident, or other like occurrence.
(f) Any activity regulated by Santa Monica
Municipal Code section 10050 et seq. (Aircraft Noise
Abatement Code).
(g) Noise sources associated with activities
conducted by the City of Santa Monica, its agents,
and employees.
(h) Any activity to the extent regulation
thereof has been preempted by State or Federal law.
SECTION 4307. Schools I Churches. Libraries.
Health Care Institutions - Special Provisions. It
shall be unlawful for any person to create any noise
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for any length of time which causes the noise level
when measured on the property of any school,
hospital, or similar health care institution,
church, or library while in use, to exceed the
prescribed noise standards specified in Section
4305 (a) for the Noise Zone in which the school,
hospital, church, or library is located.
SECTION 4308. Location of Noise Level
Measurement. The Community Noise Officer shall have
the sole discretion to select the location for
measuring exterior noise levels consistent with
standards established by American National Standard
Specifications for Sound Meters.
SECTION 4309. vibration. Notwithstanding
other Sections of this Chapter, it shall be unlawful
for any person to create, maintain, or cause any
ground vibration which is perceptible without
instruments at any point on any affected property
adjoining the property on which the vibration source
is located. For the purpose of this Chapter, the
perception threshold shall be presumed to be more
than 0.05 inches per second RMS velocity.
SECTION 4310. Variance Procedure.
(a) The owner or operator of a noise or
vibration source may file an application with the
Community Noise Officer for a variance from the
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provisions of this Chapter. The owner or operator
shall set forth all information which demonstrates
that compliance with this Chapter would create an
unreasonable hardship on the applicant and shall
indicate all actions taken to comply with the
provisions of this Chapter, the reasons why
compliance cannot be achieved, a proposed method of
aChieving compliance or of substantially reducing
the noise or vibration, and a proposed time schedule
for its accomplishment. The application shall be
accompanied by a fee in the amount of $75.00. This
fee may be revised from time to time by resolution
of the City Council. A separate application shall
be filed for each noise source or activity;
provided, however, that several mobile sources under
common ownership, or several fixed sources on a
single property may be combined into one
application.
(b) The Community Noise Officer shall hold a
public hearing on the application for a variance
within 45 days of its receipt by the Community Noise
Officer. No later than seven days prior to the
hearing, the Community Noise Officer or his or her
designate shall give notice of the time, place, and
purpose of such hearing by causing legal notice to
be published at least once in a newspaper of general
circulation and by giving written notice of such
hearinq to every known property owner, tenant, or
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lessee within 300 feet of the exterior boundaries of
the property on which the noise source or activity
is located. The applicant for a variance shall be
responsible for supplying, at his or her expense,
the community Noise Officer with a verified list of
all persons and entities to be notified of the
hearing. with respect to each property, the
individual owner(s) shall be determined through
inspection of the records of the Los Angeles County
Assessor. Tenants or lessees to be notified shall
be determined through a site census of the affected
area. The Community Noise Officer shall have the
authority to promulgate rules and regulations for
the conduct of such public hearings including, but
not limited to, the taking of evidence and the
hearing of testimony. The owner of an offending
noise or vibration source shall remain subj ect to
prosecution under the terms of this Chapter for any
violation occupying prior to the granting of a
variance.
(c) An application for an extension of a
variance previously granted shall be subject to this
Chapter to the same extent as an initial application
for a variance.
(d) The Community Noise Officer shall
evaluate all applications for variances and may
grant variances or extensions subject to such terms,
conditions, and requirements as the officer may deem
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reasonable to achieve compliance with the provisions
of this Chapter. Each decision on a request for a
variance or extension shall set forth in writing the
approved method of achieving compliance with this
Chapter and a time schedule, not to exceed one year
from the date of the decision, for achieving full
compliance with this Chapter. No variance or
extension shall be granted unless each of the
following findings are made:
(1) That strict application of this
Ordinance would result in unreasonable hardships
inconsistent with the general purpose and intent of
this Chapter.
(2) That there are exceptional
circumstances or conditions applicable to the
property or activity involved that are unique to it
and that do not apply generally to other property in
the same Noise Zone.
(3) That the granting of a variance
would not be materially detrimental to the persons
and property within the affected Noise Zones and to
public welfare.
(e) Any violation of the terms of said
variance shall be unlawful.
(f) A variance may be revoked if the
Community Noise Officer makes anyone or more of the
following findings:
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(1) That the variance was obtained by
misrepresentation or fraud.
(2) That one or more of the conditions
of the variance have not been complied with.
(3) That the variance was issued in
contravention of state or federal law or any
ordinance of the city.
(g) Any person aggrieved by a decision of the
Community Noise Officer may appeal to the city's
Hearing Examiner pursuant to the time limits and
procedures of Sections 6124 through 6126 of the
Santa Monica Municipal Code. The decision of the
Hearing Examiner shall be final except for jUdicial
review and shall not be appealable to the City
Council.
(h) All persons who appeal any decision or
order of the Community Noise Officer to the Hearing
Examiner shall pay a fee of $200.00 at the time the
appeal is filed. This fee may be revised from time
to time by resolution of the city Council.
SECTION 4311. Noisy Animals. No person shall
keep, maintain, or permit on any lot or parcel of
land under his or her control, any animal, including
any fowl, which by any sound or cry shall create any
noise which exceeds the allowable exterior median
noise level specified in Section 4305 (a) of this
Chapter.
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SECTION 4312. Restrictions in Public Parks or
Recreational Facilities.
(a) No person shall play any drum or other
percussion type instrument or device in or upon any
pUblic park or recreational facility maintained by
the City of Santa Monica.
(b) No person shall play any audio or
electronic device including, but not limited to, any
radio, tape player, compact disc, musical
instrument, or electronic key board after 10:00 p,m.
or before 8: 00 a.m. in or upon any pUblic park,
beach, or recreational facility owned or maintained
by the City of Santa Monica,
(c) This Section shall not prohibit the
playing of any drum, other percussion type
instrument, or any audio or electronic device in any
band or orchestra or other musical group which has
been granted permission to play or perform in or
upon a public park or other public facility by the
city.
SECTION 4313. Restrictions on Demolition of
Buildinqs, Excavatinq. or Gradinq,
(a) No person shall operate or cause the
operation of, or suffer or permit the operation of
any tool, machine, or other thing designed or used
for the demolition of any building or structure, or
excavating, or grading or any part thereof upon any
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premises owned, occupied, or controlled by such
person during the following times anywhere in the
City:
(1) Before 7:00 a.m. or after 8:00 p.m.
on Monday through Friday.
(2) Before 9:00 a.m. or after 8:00 p.m.
on Saturday.
(3) All day on Sundays.
(4) All day on New Years Day, Memorial
Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day as those days
have been established by the United states of
America.
(b) The noise level created by such
activities shall not exceed the allowable exterior
median noise level specified in Section 4305(a) of
this Chapter, as applicable for the Noise Zone where
the activity occurs, plus 10 dBA.
(c) A permit may be issued authorizing
demolition, excavation, or grading activity during
the time prohibited by this section whenever it is
found that the public interest will be served
thereby. Applications for such permit shall be in
writing, shall be accompanied by an application fee
in the amount of $5.00, and shall set forth in
detail facts showing that the publ ic interest will
be served by the issuance of such permit.
Applications shall be made to the Building Officer;
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provided, however, wi th respect to work upon or
involving the use of a public street, alley,
building, or other public place under the
jurisdiction of the General Services Department,
applications shall be made to the Director of
General Services. No permit shall be issued unless
the application is first approved by the Director of
General Services, the Building Officer, the Chief of
Police, and the city Manager. Anyone dissatisfied
wi th the denial of such permit may appeal to the
city council. The fees provided for in this section
may be revised from time to time by resolution of
the city Council.
SECTION 4314. Restrictions on Construction,
Maintenance. or Repair of Buildinqs.
(a) No person shall operate any equipment,
including, but not limited to, vehicles and
helicopters involved in construction activity, or
perform any outside construction, maintenance, or
repair work on buildings, structures, or proj ects
during the following times anywhere in the City:
(1) Before 7:00 a.m. or after 8:00 p.m.
on Monday through Friday.
(2) Before 9:00 a.m. or after 8:00 p.m.
on Saturday.
(3) All day on Sunday.
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(4) All day on New Years Day, Memorial
Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day as those days
have been established by the United states of
America.
(b) The noise level created by such
activities shall not exceed the allowable exterior
median noise level specified in section 4305 (a) of
this Chapter, as applicable for the Noise Zone where
the activity occurs, plus 10 dBA.
(c) A permit may be issued authorizing
construction activity during the times prohibited by
this section whenever it is found that the public
interest will be served thereby. Applications for
such permit shall be in writing, shall be
accompanied by an appl ication fee in the amount of
$5.00, and shall set forth in detail facts showing
that the public interest will be served by the
issuance of such permit. Applications shall be made
to the Building Officer; provided, however, with
respect to work upon or involving the use of a
public street, alley, building, or other public
place under the jurisdiction of the General Services
Department, applications shall be made to the
Director of General Services. No permit shall be
issued unless the application is first approved by
the Director of General Services, the Building
Officer, the Chief of Police, and the City Manager.
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Anyone dissatisfied with the denial of such permit
may appeal to the city council. The fees provided
for in this Section may be revised from time to time
by resolution of the City Council.
(d) No permi t is required to perform
emergency work necessary to restore property to a
safe condition following a public calamity or work
required to protect persons or property from an
imminent exposure to danger or hazards.
SECTION 4315. Restrictions on Leafblower
Operation. No person shall operate any motorized
leafblower within the city during the following
hours:
(a) 8:00 p.m. through 12:00 a.m. on any day.
(b) 12:00 a.m. through 8:00 a.m. on Monday
through Friday.
(c) 12:00 a.m. through 9:00 a.m. on Saturday
and Sunday.
Cd) The noise level created by such
activities shall not exceed the allowable exterior
median noise level specified in Section 4305(a) of
this Chapter, as applicable for the Noise Zone where
the activity occurs, plus 20 dBA.
SECTION 4316. Criminal Remedies. Any person
violating any of the provisions of this Chapter
shall be deemed quil ty of a misdemeanor and upon
conviction thereof shall be fined in an amount not
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to exceed $500 or be imprisoned in the city Jail for
a period not to exceed 6 months or by both such fine
and imprisonment. Each day such violation is
committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
SECTION 4317. Additional Remedies.
ea) The violation of any provision of this
Chapter shall be deemed a public nuisance and may be
subject to abatement by the City Attorney or any
aggrieved person in any manner permitted by law
including, but not limited to, suit in a court of
competent jurisdiction. No provision of this
Chapter shall be construed to impair or diminish any
common law or other statutory cause of action or
legal or equitable remedy available to the City or
to any person for injury or damage arising from
violation of this Chapter or from other law.
(b) In addition to other remedies, the
Community Noise Officer shall have the authority to
issue orders imposing civil and administrative
remedies for violations of this Chapter. These
remedies can include, but are not limited to, civil
penalties of up to $100.00 for an initial violation
of this Chapter, and penalties up to $500.00 for
each subsequent violation of this Chapter. A person
who fails to pay a civil penalty within thirty (30)
days after the issuance of an order to do so shall
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pay a separate charge of ten percent (10%) of the
amount of the civil penalty. Any person assessed a
penal ty under this Section by the Community Noise
Officer shall be entitled to appeal the decision in
accordance with the terms of Section 4310(g) of this
Chapter. With respect to any such appeal the
decision of the Hearing Officer shall be final
except for judicial review and shall not be
appealable to the City council.
SECTION 4318. Interference with Enforcement.
No person shall interfere with, oppose, or resist
the taking of any noise measurement authorized by
this Chapter.
SECTION 4319. Effective Date. The effective
date of sections 4301 through 4310, inclusive, of
this Chapter shall be July 1, 1987. All other
sections of this Chapter shall become effective
immediately.
SECTION 2. sections 4128, 4204c, 4204d, 4204dl, 4204d2,
and 4204d3 of the Santa Monica Municipal Code are repealed.
Repeal of these Sections shall not affect any civil or criminal
enforcement activities of any kind, including, but not limited
to, prosecutions or revocation of permits, whether pending or not
yet initiated, based upon any violation of these Sections which
occurred prior to their repeal.
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SECTION 3. 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, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance. Except as expressly
provided for herein, the provisions of this Chapter shall not
repeal Santa Monica Municipal Code sections 3970 (Motor Vehicle
Alarms), 31010 (Police Permits), 4400 et seq. (Private Dancing
Parties), and 10050 et seq. (Aircraft Noise Abatement Code).
SECTION 4. 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 competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
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SECTION 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~ "'--. \c-
ROBERT M. MYERS
City Attorney
~o- .~
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.
I hereby certify that the
was duly and regularly
, 1987.
Ordinance No. 1406(CCS)
a meeting of the City
council on the lOth day of March 1987~ that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 24th day of March 1987 by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, Reed,
Zane and Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: H. Katz
ATTEST:
~l?;~
City 'Clerk