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SR-8-B (4) CA:RMM:jld038jhpc City council Meeting 3-10-87 Y-B ;!/?,tJ,- tJtt:J9- ~J awl! 0 1987 Santa Monica, California STAFF REPORT FROM: Mayor and city council city Attorney TO: SUBJECT: Community Noise Control Ordinance On June 26, 1986, the eity Council directed the City Attorney to prepare a comprehensive noise control ordinance patterned after the model noise control ordinance developed by the california Department of Health, the Environmental Protection Agency, and the National Institutes of Occupational Health and Safety. (A copy of the model ordinance is contained in Appendix A. ) Vers ions of the model ordinance have been adopted by the County of Los Angeles, the County of Orange, the City and County of San Francisco, and the cities of Burbank and Long Beach. In response to this direction, the accompanying ordinance has been prepared and is presented to the City Council for its consideration. OVERVIEW OF ORDINANCE The ordinance regulates exterior noise levels with the City divided into four Noise Zones. sections 4304 and 4305. within these Zones, which correspond to zoning Districts, noise standards are set. The quietest Zones are the Rl and R2 - 1 - 9'-R MAR 1 0 1987 Districts and the loudest are the industrial or manufacturing (M) Districts. As written, the ordinance takes into account changes to the City I S zoning districts that may occur as the result of the adoption of a new City zoning law. With limited exception, the ordinance is comprehensive as to all exterior noise sources. Construction noises and sounds associated with gardening and home repair fall within its ambit. Not covered by the ordinance is noise associated with aircraft. Such noise is effectively dealt with by the Aircraft Noise Abatement Ordinance, Municipal Code Section 10050. In addition, vehicle alarms are not covered by the ordinance, since they are regulated by other provisions of the Municipal Code. Enforcement of the ordinance will fall to the Community Noise Officer. The City Manager will be given authority to appoint this person. It is anticipated that the person selected will be associated with the Airport, since that Department has had the most experience dealing with noise issues. other communities which have adopted noise ordinances have found that enforcement is best achieved through community education. This ordinance recognizes that but also establishes an enforcement mechanism. The Noise Officer will be empowered to grant variances from the ordinance where there are hardships. The standards established for such variances are similar to those utilized in zoning matters. Requests for variances will require pUblic hearings. Unless a variance is granted, all offending noise sources will have to comply with the ordinance by July 1, 1987. After - 2 - that date, the Community Noise Officer will have the authority to seek civil and criminal remedies. Unlike the model ordinance, this ordinance does not establish interior noise standards for three principle reasons. First, interior noise that is deemed offensive will likely violate the exterior noise standards as well. Consequently, interior noise standards are to a large extent redundant. Second, interior noise standards run the risk of being arbitrary as the measurement of interior noise is dependent both on the source of the noise and the quality of building construction of the "receiving" building. It can be foreseen that inequalities of enforcement will arise depending on, for instance, how thick walls are or whether double or single glazed windows are present in the receiving building. Such design features are beyond the control of the noise source which is the target of the ordinance. Third, most offending interior noise sources can be effectively handled without establishing interior noise standards. Persons complaining about noisy animals or loud parties can still complain to the Police Department. Finally, since the Noise Ordinance encompasses within its terms certain noise sources which are currently subject to other City ordinances, the repealing of conflicting ordinances should occur simultaneously with the adoption of the ordinance. The ordinances to be repealed are Municipal Code Sections 4128, 4204c, 4204d, 4204dl, 4204d2, and 4204d3. These are encompassed within Sections 4311 through 4315 of the Noise Ordinance. Other current ordinances which deal with noise have been left intact - 3 - and, where appropriate, have been referred to by the Noise Ordinance. SECTION-BY-SECTION ANALYSIS Section 4301. This Section declares as the policy of the eity of Santa Monica to control unnecessary noise and vibration, and further determines that excessive noise is detrimental to the public health, welfare, and safety. Section 4302. This Section defines all terms used in the ordinance. This section borrows heavily from the model community noise ordinance. Of note is the Community Noise Officer contained in subdivision (c). Under the ordinance, the City Manager will have the authority to designate someone to administer the ordinance. It is anticipated that the Airport Director or his designee will be chosen as the eommunity Noise Officer. section 4303. This section measurement method to be utilized. establishes the decibel It is in harmony with the model ordinance. Section 4304. This Section creates four Noise Zones for the city. Noise Zone I corresponds to areas zoned Rl or R2; Noise Zone II includes areas zoned R3 or R4. Noise Zone III is all commercial properties (all "e" zones). Noise Zone IV is all manufacturing or industrial properties (all "W' zones). Proposed changes to the Zoning Code have been reflected in these Noise Zones. Section 4305. This section establishes exterior noise standards. The quietest zone will be Noise Zone I, which are the - 4 - Rl and R2 Districts. The zone with the greatest sound permitted is Noise Zone IV, which includes industrial or manufacturing Districts. Residential Districts have two noise standards, one for day time and a quieter standard for night. In case a conflict exists between two or more adjacent Noise Zones (such as where residential properties are next to commercial zones and noise from the commercial zone is heard in the residential zone), the zone with the loudest noise standard of the two shall govern. Under the example, this would be the commercial zone. section 4306. This section creates exemptions to the ordinance. These include activities on pUblic parks, emergency situations, work by public utilities and activities already thoroughly regulated by other ordinances, such as alarms and aircraft noise. The exemptions are consistent with current law and the policies adopted by other jurisdictions. section 4307. This Section creates different standards for hospitals, churches 1 libraries, or health care institutions than exists for other property uses. In general, those uses require quieter environments. As a result, the ordinance prohibits any noise for any length of time in excess of Section 4305's standard. In comparison, for other properties excessive noise must be present for a certain minimum amount of time before a violation occurs. section 4308. This section provides the community Noise Officer with discretion to select the location to take noise measurements. Section 4309. excessive vibration. This section establishes standards for - 5 - Section 4310. This section establishes a variance procedure similar to that utilized in zoning laws for offending noise sources. Someone requesting a variance would need to set forth all evidence indicating that compliance with the ordinance would create an unreasonable hardship on the applicant. In addi tion, they would have to document all measures taken to mi tigate the offending noise or vibration. A public hearing before the Community Noise Officer will be necessary before a variance is granted. Notice to property owners and tenants in the manner similar to that provided for by zoning law is required. In addition, this section establishes requirements for the granting of a variance. A variance can be granted if (1) the application of ordinance would result in unreasonable hardships; (2) there are exceptional circumstances that uniquely affect the property; and (3) the granting 0 f the variance would not be materially detrimental to the public welfare and to persons and property within the affected Noise Zones. These standards are consistent with the model ordinance and present zoning law. Under this Section, a variance can be revoked should there be misrepresentation or fraud or failure to comply with the conditions of the variance or other conditions of law. This Section provides for appeals of decisions of the Community Noise Officer. Appeals will be to a Hearing Examiner whose decision will be final. Lastly, this section provides for payment of an appeal fee in an amount of $200.00 in Hearing Examiner appeals. The fee may be changed by resolution of the City Council. - 6 - section 4311. This section recodifies current Municipal Code section 4128, which deals with noisy animals, within this Chapter. This Section specifies that the noise standards contained in Section 4305 apply to noisy animals. Section 4312. This Section recodifies current Municipal deals with the playing of percussion parks or recreation facilities, within Code section 4204c, which type instruments in public this Chapter. section 4313. This Code Section 4204dl, which - 7 - Section 4317. This Section provides for civil remedies and penalties in addition to the criminal sanctions set out in Section 4316. Section 4318. This Section makes it a separate misdemeanor offense to interfere with enforcement of the ordinance. Section 4319. This Section creates a delay in enforcement of the new parts of the ordinance until July 1, 1987. Those Sections of the ordinance which are recodifications of existing Code sections will take effect immediately. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney Joseph Lawrence, Assistant City Attorney - 8 - CA:RMM:jld026/hpc city council Meeting 3-10-87 Santa Monica, California ORDINANCE NUMBER (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: SECTION 4301. Declaration of Policv. The city council finds and declares: (a) In order to control unnecessary, excessive, and annoying noise and vibration in the ci ty of Santa Monica 1 it is hereby declared to be the policy 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 Ci ty of Santa Monica does ordain and declare that creating, maintaining, causing or allowing to be created, caused, or maintained, any noise or - 1 - 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. Definitions. 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 compos i te 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-Weighted 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) Community 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. (g) Emerqencv Machinery, Vehicle, Work, or Alarm. Any machinery, vehicle, work, or alarm used, employed, perforrned, 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, agricultural, 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) Intruding 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) Major 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 1 joint venture, corporation, or any entity, public or private in nature. (q) Simple 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 Institute's standard 81.4-1971 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. (s) 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, 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 Rl or R2 district, including any residential beach district, created by Municipal Code section 9103 or any revisions thereto. Noise Zone II. All noise or vibration sources located within any R3, R4, or any other URII district created by Municipal Code section 9103 or any revisions thereto and which are not within Noise Zone I. Noise Zone III. All noise or vibration sources located within any commercial district (any "e" district), including any neighborhood commercial district, created by Municipal Code section 9103 or any revisions thereto. Noise Zone IV. All noise or vibration sources located within any manufacturing or industrial district (any "M" 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 1 shall apply to all - 6 - property with a designated noise zone during the times indicated: IV ALLOWABLE EXTERIOR MEDIAN TIME INTERVAL NOISE LEVEL 12 am to 7 am and from 10 pm to 12 am 50 dBA 7 am to 10 pm 60 dBA 12 am to 7 am and from 10 pm to 12 am 55 dBA 7 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 II III Each of the noise limits specified shall be reduced by 5 dBA for impulse or simple tone noises, or for noises co~sisting of speech or music. If the ambient noise level exceeds the allowable exterior noise level standard, the ambient noise level shall be the standard. (b) 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 1 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 1 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 calami ty 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 seg. (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 1 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 ehapter. 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 1 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 1 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 hear ing 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 1 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 decis ion 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 keepl 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. Percussion Type Instruments Prohibited in Public Parks or Recreational Facilities. 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. This section shall not prohibit the playing of any drum or other percussion type instrument or device in any band or orchestra or other musical group which has been granted permiss ion to play or perform in or upon a publ ic park or other public facility by the city. SECTION 4313. Restrictions on Demolition of Buildinqs, Excavating, 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 premises owned 1 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. - 15 - (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 public interest will be served by the issuance of such permi t. Applications shall be made to the Building Officer; provided 1 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 1 the Building Officer, the Chief of - 16 - Police, and the city Manager. 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. SECTION 4314. Restrictions on Construction, Maintenance, or Repair of Buildings. (a) No person shall operate equipment, including vehicles involved in construction activity, or perform any outside construction, maintenance, or repair work on buildings, structures, or projects 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. (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 - 17 - 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 application 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 invol v ing 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 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 permit is required to perform emergency work necessary to restore property to a safe condition following a public calamity or work - 18 - required to protect persons or property from an imminent exposure to danger or hazards. SECTION 4315. Restrictions Operation. No person shall operate leafblower within the city during hours: on Leafblower any motorized the following (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. (d) 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 ehapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not 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. - 19 - SECTION 4317. Additional Remedies. (a) 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 permi tted 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 pay a separate charge of ten percent (10%) of the amount of the civil penalty. Any person assessed a penalty 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 - 20 - decision of the Hearing Officer except for judicial review and appealable to the City Council. shall shall be final not be 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. 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 - 21 - Alarms), 31010 (Police Permits) I 4400 et seq. (Private Dancing Parties), and 10050 at saq. (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. 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: ~~ l.-- "'------ ROBERT M. MYERS l) City Attorney - 22 - APPENDIX A . , MODEL COMMUNITY NOISE AND VIBRATION CONTROL ORDINANCE SECTION A Sectio~ 1. Declaration of Policy In order to control unnecessary, excessive and annoying noise and vibration in the City of it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this Chapter. 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 does ordain and declare that creating, maintaining, causlng or allow1ng to be 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 nuisance and shall be punishable as such. Section 2. Definitions The following word, phrases and terms as used in this Chapter shall have the meanings as indicated here: (a) ~9ricultural ~roperty shall mean a parcel of real property which is undeveloped for any use other than agricultural purposes. (b) Ambient Noise level shall mean 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-Wejghted Sound ~evel shall mean 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 slow response. The unit of measurement shall be defined as dBA. (d) Commercial Property shall mean a parcel of real property which ;s developed and used either in part or in whole for commercial purposes. (e) Cumulative Period shall mean an additive period of time composed of individual time segments which may be continuous or interrupted. (f) Decibel (dB) shall mean a unit which denotes the ratio bet~een two quantities which are proportional to pm~er: 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) Dwelling Unit shall mean a single unit providing complete independent living facilities for one or more persons including permanent provisions for l;ving~ sleeping, eating cooking and sanitation. (h) Emergency Machinery~ Vehicle1 Work or Alann shall mean any machinerYt vehicle, work or alarm usedt 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. (i) [ixed Noise Source shall mean a stationa~y device which creates sounds while fixed or motionless including but not limited to residential, agricultural. industrial and commercial machinery and equipment. pumps, fans, compressors, air conditioners and refrigeration equipment. (j) Grading shall mean any excavating or filling of earth materlal or any combination thereof conduted at a site to prepare said site for construction or other improvements thereon. (k) ~ertz (Hz) shall mean the unit which describes the frequency of a function periodiC in time which is the reciprocal of the period. . (1) tl~alth Care_Institution shall mean any hospital, convalescent home Dr other similar facility excluding residential care facilities which provides health care, medical treatment, room, board or other services for the 111, retarded or convalescent. (m) Health Officer shall mean the Health Office of the City or his duly authorized deputy. Cn) Impulsive Noise shall mean a noise of short duration usually less than 1 second and of high intensity, with an abrupt onset and rapid decay. (0) Industrial Property shall mean a parcel of real property which is developed and used either in part or in whole for manufacturing purposes. (p) Intruding Noise level shall mean 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. (q) licensed shall mean the issuance of a fo~l license or permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. (r) Major Roadway shall mean any street. avenue, boulevard, or highway used for motor vehicle traffic which is owned or controlled by a public government entity. (s) Mobile Noise Source shall mean any noise source other than a fixed noise source. (t) Person shall mean a person, finm, association. co-partnership, joint venture, corporation or any entity, pUblic or private in nature. (u) Residential Property shall mean a parcel of real property which. is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels, and residential care facilities. (v) ~imple Tone Noise shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. If measured. Simple Tone Noise shall exist if the one.third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one.third octave bands as follows: 5 dB for frequencies of 500 Hertz (Hz) and above or; by 8 dB for frequencies between 160 and 400 Hz or; by 15 dB for frequencies less than or equal to 125 Hz. (w) Sound Level Meter shall mean an instrument meeting American Natlonal Standard Institute's Standard 51.4.1971 or most recent revision thereof for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. (x) Sound Pressure Level of a sound, in decibels, shall mean 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure shall be explicitly stated. lY) Vibration shall mean any movement of the earth, ground or other similar surface created by a temporal and spacial oscillation of displacement. velocity or acceleration in any mechanical device or equipment located upon, attached. affixed or in conjunction with that surface. Section 3. Decibel Measurement Crlteria Any deceibel measurement made pursuant to the provisions of this Chapter shall be based on a reference sound pressure of 20 micro-pascals as measured with a sound level meter using the A.weighted network (scale) at slow response. Section 4. Deslgnated Noise Zones The properties hereinafter described are hereby assigned to the following noise zones: Noise Zone I - All single-. double- and multiple-family residential properties located outside a 60 CNEL. Noize Zone II - All single-. double- or multiple-family residential properties located within a 60 CNEL. Noise Zone III - All commercial properties. Noise Zone IV - All manufacturing or industrial properties. ~ection 5. Exterior Noise Standards (a) The following noise standards. unless otherwise specifically indicated, shall apply to all property with a designated noise zone: NOISE ZONE 1 TYPE OF LAND USE ALLOWABLE EXTERIOR TIME INTERVAL NOISE LEVEL 10 pm to 7 am 50 dBA 7 am to 10 pm 55 dBA Single-. double- or multiple- family residential (R-l, R-2, R-3. or R-4) II Single-. double- or multiple family residential (R-I. R-2 R-3, or R-4) 10 pm to 7 am 55 dBA 7 am to 10 pm 60 dBA . III Commercial (t-l. C-2, etc.) 10 pm to 7 am 7~~W~ 60 dBA 65 dBA 70 dBA IV Industrial or manufacturing {M-l.M-2. etc. or I-I.I-2.etc.} Anytime Each of the noise limits specified here shall be reduced by 5 dBA for impulse or simple tone noises. or for noises consisting of speech or music provided. however. that if the ambient noise level exceeds the resulting standard. the ambient shall be the standard. (b) It shall be unlawful for any person at any location within the incorporated area of the City to create any noise. or to allow the creation of any noise on property m~ned. leased. occupied or otherwise controlled by such person. which causes the noise level when measured on any other property. to exceed: (a) The noise standard for a cumulative period of more than 30 minutes in any hour; or (2) The noise standard plus 5 dBA for a cumulative period of more than 15 minutes in any hour; or (3) The noise standard plus 10 dBA for a cumulative period of more than 5 minutes in any hour~ or (4) The noise standard plus 15 dBA for a cumulative period of more than 1 minute in any hour; or (S) The noise standard plus 20 dBA for any period of tlme. (c) In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ~bient noise level exceedC~he fifth noise category, the maxim~ allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (d) If the measurement location is on a boundary between two different noise zones. the lower noise level standard applicable to the noise zone shall apply. (e) If the intruding noise source ;s continuous and cannot reasonably be discontinued or stopped for a time perlod whereby the ambient nOlse level can be determined, the measured noise level obtained while the source is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement location.s designated land use and for the time of day the noise level is measured. (1) The reasonableness of temporarily dlscontlnuing the noise generation by an intruding noise source shall be determined by the Health Officer or his duly authorized deputy for the purpose of establishing the existing ambient noise level at the measurement location. Section 6. l~terior Noise Standards (a) The following noise standard, unless otherwise specifically indicated, shall apply to all residential property within all noise Zones: All Residential ALLOWABLE INTERIOR TIME INTERVAL NOISE LEVEL 10 pm to 7 am 45 dBA 7 am to 10 pm 50 dBA Note: Typical Daytime and Nighttime lnterior Standards appropriate for Noise Zones I and II are 40 dBA-50 dBA and 45 dBA-55 dBA, respectively. TYPE OF LAND USE NOISE ZONE Each of the noise limits specified above shall be reduced by 5 dBA for impulse or simple tone noises or for noises consisting of speech or music provided, however~ that if the ambient noise level exceeds the resulting standard, the ambient shall be the standard. (b) It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured within any other residential dwelling unit in any noise zone to exceed: {ll The noise standard for a cumulative period of more than 5 minutes in any hour: or ezl The noise standard plus 5 dBA for a cumulative period of more than 1 minute in any hour; or (3) The noise standard plus 10 dBA for any period of time. (el In the event the ambient noise level exceeds any of the first two noise limit categories above. the noise standard applicable to said category shall be increased to reflect the maximum ambient noise level. (d) If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (e) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be detenmined; the same procedures specified in Section 5(e). shall be deemed proper to enforce the provisions of this section. Section 7. Special Provisions The following activities shall be exempted from the provisions of this Chapter: (a) Activities conducted on pUblic parkSt public playgrounds and public or private school grounds includingt but not limited to, school athleti€ and school entertainment events. (b) Ocassional outdoor gatherings, public dances, shows. and sporting and entertainment events. provided said events are conducted pursuant to a peMmit or license issued by the appropriate jurisdiction relative to the staglng of said events. Such peMmits and licenses may restrict noise. (e) Any mechanical device, apparatus or equipment usedt related to or connected with emeroency machinery~ vehicle~ work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall tenminate its operation within 30 mi~~te~ in any hour of its being activated. (d) Noise sources associated with or vibration created by constructlon~ repair. remodeling or grading of any real property or during authorized seismic surveys. provided said activities do not take place between the hours of 8 p.m. and 7 a.m. on weekdays. including SaturdaYt or at any time on Sunday or a Federal holiday, V~J and provided the noise level created by such activities do not . exceed the noise standard of 65 dBA plus the limits specified in Section 5(b} as measured on residential property and any vibration created does not endanger the public health, welfare and safety. . (e) All mechanical devices. apparatus or equipment associated with agricultural operations provided:-- (1) Operations do not take place between 8 p.m. and 7 a.m. on weekdays. including Saturday. Dr at any time Sunday or a Federal holiday; or (2) Such operations and equipment are utilized for the protection of salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or . (3) Such operations and equipment are associated with agricultural pest control through pesticide application~ provided the application ;s made in accordance with penmits issued by or regulations enforced by the California Department of Agriculture. {f} Noise sources associated with the maintenance of real property. provided said activities take place between the hours of 7 I.m. to 8 p.m. on any day except Sunday, or between the hours of 9 a.m. and 8 p.m. on Sunday. Until January 1) 1980. lawn mowers. edgers and similar lawn and garden maintenance equipment shall be exempted as part of this provision. (g) Any activity to the extent regulation thereof has been preempted by State or Federal law. NOTE: Preemption may include motor vehicle. aircraft in flight. and railroad noise regulations. Section 8. Schools, Churches libraries. Health Care Institutions - Special Provlslons It shall be unlawful for any person to create any noise which causes the noise level at any schoolw hospital or similar health care institution, church, or library while the same is in usew to exceed the noise standards specified in Section 5 prescribed for the assigned noise zone in which the school. hospitalw church or library is located. or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in a hospital, convalescent home or other similar health care institutions, provided conspicuous signs are displayed in three separate locations within I/IO-mile of the institution or facility indicating a ~iet zone. Section 9. Air Conditioning and Refrigeration - Special Provisions Until January I, 1983. the noise standards enumerated in Sections 5 and 6 shall be increased 5 dBA where the alleged intruding noise source is an air conditioning or refrigeration sys~ or associated equipment which was installed prior to the effective date of the Ordinance. Section 10. Noise level Measurement ~A= ~'vThe location selected for measuring exterior noise levels shall be at ~riY-poin1 on the affected property. lnterior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least 4 feet from the wall s ceiling or floor nearest the noise source with windows in an open position depending on the normal seasonal ventilation requirements. Section 11. 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 Ordinances the perception threshold shall be presumed to be more than 0.05 inches per second RMS vertical velocity. Section 12. Proposed Developments Each Department whose duty it is to review and approve new projects or changes to existing projects that result or may result in the creation of noise shall consult with the Health Officer prior to any such approval. If at any time the Health Officer has reason to bel1eve that a standards regulatiQn or action-pr proposed standard. regulation or action of any Department h respectlng noise does not conform to the provisions as specified in this Ordinance. the Health Officer may request such Department to consult with him on the advisability of revising such standard or regulation to obtain unifonmity. NOTE: Sections 13 through 21 describe a recommended procedure which permits an Independent Review Board.CHoise Variance Board) the opportunity to review actions of the enforcement agency and grant variance with respect to time for accomplishing noise reduction. limitations of the powers of the enforcement agency. the implementation process. A legal opinion as to . the acceptability of these sections in states other than California will be necessary prior to adoption. Section 13. Variance Procedure The owner or operator of a noise or vibration 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. The application shall be accompanied by a fee in the amount to be determined by City Resolution. 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 combined into one application. Upon receipt of said application and fee. the Health Officer shall refer it with his recommendations thereon within 30 days to the Noise Variance Board for action thereon in accordance with the provisions of this Chapter. An application for a variance shall remain subject to prosecution under the terms of this Ordinance until a variance is granted. ~ection 14. Noise Variance Board There is hereby created a Noise Variance Board consisting of five members: Two of the members shall be professional engineers. one of whom shall have demonstrated knowledge and experience in the field of acoustics. the other shall be a registered mechanical engineer. One member shall be a physician licensed in this State and qualified in the field of physiological effects of noise, one member a representative of business and industry, and one menDer a representative of the general public. The Noise Variance Board shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance, subject to such tenms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this Chapter. Said terms, conditions and requirements may include, but shall not be limited to, limitation 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. In its determinations, said Board shall consider the following: 1. The magnitude of nuisance caused by the offensive nOlse. 2. The uses of property within the area of impingement by the noise. 3. The time factors related to study~ design, financing and construction of remedial work. 4. The economic factors related to age and useful life of the equipment. 5. The general public interest, welfare and safety. Any variance granted by said Board shall be resolution and shall be transmitted to the Health Officer for enforcement. Any violation of the terms of said variance shall be unlawful. Members of the Variance Board shall be appointed by and shall serve at the pleasure of the City Council and shall be reimbursed a total of $50 for each meeting at which an application for variance is ~~ ~ Said Board shall adopt reasonable rules and regulations for its own procedures in carrying out its functions under the provision of this Chapter. Three members shall constitute a quorum and at least three affirmative votes shall be required in support of any action. The Health Officer, as his appDinted representative, shall be a ~ - ~ nonvoting ex~fficiD member of the Variance Board and shall act as Secretary ^- of the Noise Variance Board. Meetings Df the Uoise Variance Board shall be held at the call of the Secretary and at such times and locations as said BDard shall determine. All such meetings shall be open to the public. Section 15. Appeals Within 15 days following the decision of the Noise Variance Board on an application, the applicant, the Health Officer or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Secretary of the Noise Variance Board. In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the Secretary of the Noise Variance Board on the basis of the estimated cost of preparing the materials required to be forwarded to the City Council as discussed hereafter. If the actual cost of such preparation differs from the estimated cost, appropriate payments shall be made either to or by the Secretary. Within 15 days following receipt of a notice of appeal and the appeal fee, the Secretary of the Noise Variance Board shall forward to the City Council copies of the application for variance, the recommendation of the Health Officer, the notice of appeal, all evidence concerning said application received by the Noise Variance Board, and its decision thereon. In addition, any person may file with the City Council written arguments supporting or opposing said decision of the Noise Variance Board, and the City Council may in its discretion hear oral arguments hereon. The City Clerk shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be ~iled at least 10 days priDr to the hearing date. Within 60 days following its receipt of the notice of the appeal, the Clty Council shall either affirm, modify, or reverse the decision of the Noise Variance Board. Such decision shall be based upon the City Council's evaluation of the matters submitted to the City Council in llght of the powers conferred on the Noise Variance Board and the factors to be considered, both as enumerated in Sections 13 and 14. As part of its decision, the City Council may direct the Noise Variance Board to conduct further proceedings on said application. Failure of the City Council to affirm, modify or reverse the decision of the Noise Variance Board within said 60 day period shall constitute an affirmance of the Noise Variance Board's decision. Section 16. Prima Facie Violation Any noise exceeding the noise level standards for a designated noise zone as specified in Section 5 and 6 or vibration exceeding the standard as specified in Section 11 of this chapter. shall be deemed to be prima facie evidence of a violation of the provisions of this Chapter. Section 17. Violations/Misdemeanors Any person violating any of the provisions of thlS Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not 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 18. Violations/Additional Remedies - Injunctions As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this Chapter which operation or maintenance causes or creates sound levels or vibration exceeding the allowable standards as specified in this Chapter shall be deemed and is hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Any violation of this Chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of such abatement may be by resolution of the City Council declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner. Section 19. Manner of Enforcement The City Health Officer is directed to enforce the provlslons of this Chapter and is hereby authorized and may arrest at his discretion. any person without a warrant who has reasonable cause to believe that such person has committed a misdemeanor in his presence. No person shall interfere with. oppose or resist any authorized person charged with the enforcement of this Chapter while such person is engaged in the performance of his/her duty. Violations of this Chapter shall be prosecuted in the same manner as other misdemeanor violations pursuant to Section 1-10 of the City Code; provided. however, that in the event of an initial violation of the provisions of this Chapter, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application for variance shall be received by the Health Officer. No complaint or further action shall be taken in the event the cause of the violation has been removed. the condition abated or fully corrected within the time period specified in the written notice. In the event the alleged violator cannot be located in order to serve the notice of intention to prosecute, the notice as required herein shall be dee~d to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day follow;ng the mailing of such notice. Subsequent violations of the same offense shall result in the immediate flling of a misdemeanor complaint. Section 20. Delay in Imp1ementatlon - Fixed Noise Sources None of the provisions of this Chapter shall apply to a fixed sound source during the period commencing the effective date of this Chapter and terminating 90 days thereafter. Section 21. Severability If any provision~ clause, sentence. or paragraph of this Chapter, or the application thereof to any person or circumstance shall be held invalid. such invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provisions or application and. to this end. the provisions of this Chapter are hereby declared to be severable. SECTION B. The City Clerk shall certify to the passage of Adoption of this chapter and to its approval by the City Council of the City of