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