O2480Council Meeting: February 24, 2015
California
ORDINANCE NUMBER 2480 (CCS)
(City Council Series)
Santa Monica,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA UPDATING CHAPTER 4.12 OF THE SANTA MONICA MUNICIPAL
CODE RELATED TO NOISE REGULATIONS
WHEREAS, the City consists of just eight square miles of coastal land
which is home to 90,000 residents, the job site of 300,000 workers, and a
destination for as many as 500,000 visitors on weekends and holidays; and
WHEREAS, the City's population density of 11,200 persons per square
mile is the highest among coastal communities in Los Angeles County and
among the highest in the State; and
WHEREAS, in addition to its large residential population, the City is a
very desirable place to work or visit; and
WHEREAS, because of the manner in which the City is zoned, many of
the City's residential districts abut the City's commercial and industrial
districts; and
WHEREAS, most of the City's commercial districts are mixed -use,
authorizing substantial residential development; and
WHEREAS, the City's public places are heavily utilized and special efforts must
be undertaken to maintain them and facilitate their shared use and availability to all; and
WHEREAS, these above circumstances can lead to excessive noise and make
the regulation of noise a paramount concern of the community; and
WHEREAS, the City receives a significant number of noise complaints
throughout the City on an ongoing basis; and
WHEREAS, excessive noise is a serious hazard to the public health, welfare,
safety and the quality of life; and
WHEREAS, excessive noise can cause communication interference, sleep
disturbance, adverse physiological responses, and the overall loss of one's quality of
life; and
WHEREAS, a substantial body of science and technology exists by which
excessive noise may be substantially abated; and
WHEREAS, the residents and visitors of the City have a right to and should be
ensured an environment free from excessive noise and vibration that may jeopardize
their health, welfare or safety or degrade the quality of life; and
WHEREAS, the City's Noise Element requires the City to develop measures to
control non - transportation noise impacts including maintenance of a community noise
ordinance that ensures that City residents are not exposed to excessive noise levels
from stationary noise sources; and
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WHEREAS, the City is committed to providing the public with maximum
opportunities for free expression, consistent with state and federal constitutional
protections, while ensuring that excessive sound and vibration which may jeopardize
the health, welfare or safety of its citizens or degrade the quality of life is minimized.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 4.12.025 of the Santa Monica Municipal Code is hereby
added to read as follows:
4.12.025 General Regulation.
It shall be unlawful for any person to make, produce, maintain, cause or permit to
be made any noises or sounds in such manner so as to unreasonably disturb the
peace, quiet and comfort of persons of normal sensitivity within the area of audibility or
which are so harsh or prolonged or unnatural or unusual in their use, time or place as to
cause physical discomfort to any person of normal sensitivity within the area of
audibility.
The factors to be considered in determining whether a violation of this Section
has occurred shall include, but are not limited to, the following:
1. The volume of the noise;
2. The intensity and duration of the noise;
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3. Whether the noise is constant, recurrent or intermittent;
4. The nature and zoning of the area within which the noise emanates;
5. The proximity of the noise to noise - sensitive land uses, such as hospitals,
schools, recovery facilities, or any facility that regularly accommodates a person or
persons who may be sleeping;
and
6. The volume and intensity of the background noise;
7. The density of the land uses of the area within which the noise emanates;
8. The time of day or night the noise occurs.
Section 2. Section 4.12.030 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.12.030 Exemptions.
(a) The following activities shall be exempt from the provisions of this Chapter,
except for section 4.12.025 or unless otherwise expressly identified in any section of
this Chapter:
(1) Activities conducted on public or private school grounds including, but not
limited to, school athletic and school entertainment events;
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(2) Community events;
(3) Activities conducted on public property that is generally open to the
public, including but not limited to streets, sidewalks, alleys, parkways, parks, and
beaches.
(b) The following activities shall be exempt from the provisions of this Chapter
unless otherwise expressly identified in any section of this Chapter:
(1) Any alarm or emergency device, apparatus or equipment regulated by
Municipal Code Sections 3.56.010 through 3.60.010;
(2) Activities undertaken by governmental agencies to protect public health,
safety or welfare;
(3) Any activity regulated by Santa Monica Municipal Code Section
10.04.04.010 et seq. (Aircraft Noise Abatement Code);
(4) Any activity to the extent regulation thereof has been preempted by State
or Federal law.
Section 3. Section 4.12.190 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.12.190 Criminal remedies.
(a) It shall be unlawful for any person to violate any provision, or to fail to
comply with any of the requirements of this Chapter.
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(b) It shall be unlawful for any person to interfere with or resist any efforts by
law enforcement personnel to enforce any provision of this Chapter, including but not
limited to the taking of any noise measurement.
(c) Unless otherwise specifically provided, any person violating any of the
provisions of this Chapter shall be guilty of an infraction, which shall be punishable by a
fine not exceeding two hundred fifty dollars ($250.00), or a misdemeanor, which shall be
punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in
the County Jail for a period not exceeding six months or by both such fine and
imprisonment. Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision of this Chapter is
committed, continued or permitted by such person and shall be punishable accordingly.
Section 4. Section 4.12.210 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.12.210 Administrative guidelines.
The Community Noise Officer may prepare administrative guidelines to
implement this Chapter.
Section 5. 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 effect the provisions of this Ordinance.
Section 6. 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 7. 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:
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Approved and adopted this 24th day of February, 2015.
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Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2480 (CCS) had its introduction on February 10,
2015, and was adopted at the Santa Monica City Council meeting held on
February 24, 2015, by the following vote:
Ayes: Councilmembers: Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: Davis
A summary of Ordinance No. 2480 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
Sarah P. Gorman, City Clerk