Loading...
SR-800-009-03 (5) ! 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 - 1 - 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. - 2 - (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. - 3 - (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 - 4 - 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 - 5 - 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: - 6 - 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: - 7 - ( 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 - 8 - 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 - 9 - 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 - 10 - 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 - 11 - 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 - 12 - 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: - 13 - (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. - 14 - 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 - 15 - 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; - 16 - 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. - 17 - (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. - 18 - 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 - 19 - 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 - 20 - 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. - 21 - 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. - 22 - 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- .~ - 23 - . 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