O2115
F:\atiy\munl\laws\bar\CC Noise Ord Rev2d'-1.doc
City Council Meeting 02-24-04 Santa Monica, California
ORDINANCE NUMBER 2115 (CCS)
(City Council Sarles)
AN ORDINANGE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE CITY'S NOISE ORDINANCE, CHAPTER 4.12 OF THE SANTA
MONICA MUNICIPAL CODE
WHEREAS, the City's land area is sman, being just 8 square miles and the
City's population is approximately 90,000; 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 popu'lation, the City is a very
desirable place to work or visit;. and
WHEREAS, on weekdays, approximately 300,000 people are present in
the Gity and on weekends that number swells to as high as 500,000 people; and
WHEREAS, because of the manner in which the City is zoned, many of the
City's residential districts abut the City's commerclal and industrial districts; and
WHEREAS, most of the City's commercial districts are mixed-use,
authorizing substantia! residential development; and
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WHEREAS these circumstances can lead to excessive noise and make
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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, it is the policy of the City to prevent excessive sound and
vibration which may jeopardize the health, welfare or safety of its citizens 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's current noise ordinance was adopted in 1992: and
WHEREAS, the current noise ordinance does not provide suffi.cient
protection to residents living in close proximity to industrial and commercial uses
both in terms of the allowable noise level and the regulation of business support
operations that occur outside businesses; and
WHEREAS. the current noise ordinance also requires modification to clarify
terms, reflect current,standard industry terminology and sound measurement
techniques, and to ensure that effective enforcement can be undertaken,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Chapter 4.12 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 4.12.010 Declaration of po Hey .
The City Councll finds and declares:
(a) In order to control unnecessary, excessive, and annoying
noise and vibration in the City of Santa Monica, it is hereby declared to be
the 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 City of Santa Monica does
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ordain and declare that creating, maintaining, causing or allowing 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 offense and shall be punishable as such.
Section 4.12.020 Definitions.
The following words and phrases as used in this Chapter shaH have
the following meanings:
(a) Ambient Noise Level. The all~em;ompassing 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.
(b) A...Weighted Sound Level. The level in decibels of sound as
measured with a sound level meter with a reference pressure of twenty
micro-pascals using the A-weighted network (scale) at a slow response.
The unit of measurement shall be designated as dBA.
(c) Community Event. Any event that has obtained a Community
Event PermIt pursuant to Santa Monica Municipal Code Chapter 4.68.
(d) Community Noise Officer. The person designated by the City
Manager to administer the provisions of this Chapter.
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(e) Construction Activity. Shall mean the following:
(1 ) The operation of any tool, machine or equipment including,
but not limited to, vehicles and helico.pters, being used by the City, public
utilities, contractors or subco.ntractors and their employees to carry Qut
any work far which a building permit is required, including, but no.t limited
to., demalition, grading, excavating, or canstructian;
(2) Perfarming any canstructian, maintenance, ar repair an
buildings, structures, or utilities ar any work preparing the site for
construction ar repair including but nat limited to staging,grading,
excavatian, and demalftlon;
(3) Any painting using motorized equipment or any painting that is
part of the canstruction activity for which a building permit has been
issued;
(4) The loading or unloadingaf construction equipment, materials,
or supplies from vehicles at or near the site af the constructian activity;
(5) The staging or Idf:ing, at ar near the site of canstruction
activity, of any canstructian vehicle or any vehicles bringing construction
equipment, materials or supplies to. the site of the construction;
(6) The staging or idling, at or near the site of constructian activity,
of any food services vehicle providing food services to. persans working at
a site of construction activity ar the use of a horn or other device by a food
services vehicle to alert customers that the vehicle has arrived.
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(f) Decibel (dB). A unit that 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) Emergency Machinery, Vehicle, Work or Alarm. Any
machinery, vehicle, work or alarm used, employed, performed or operated
in an effort to protect, provide or restore safety conditions in the
community or for the citizenry. work by private or public utilities when
restoring utility service or work repairing public infrastructure.
(h) Equivalent Noise Level (Leq). The equivalent noise level as
measured using the A-weighted sound level decibel scale. The
measurement of equivalent noise level shall be in accordance with
International Efectrotechnical Commission (lEG) International Standard
61672 (Part 1), 'Electroacoustics-Sound Level Meters,' Section 3.9.
'Equivalent Continuous Sound Level'. or most recent revision thereof.
(1) Fixed Noise Source. A stationary device that 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.
m Grading. Any excavating or filling of earth material or any
combination thereof conducted at a site to prepare said site for
construction or other improvements thereon.
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(k) Hertz (Hz). The unit that describes the frequency of a function
periodic in time, which is the reciprocal of the period.
(I) Health Care Institution. Any hospital, convalescent home or
other similar facility, excluding re.sidential care facilities which provide
health care, medical treatment, room, board or other services for the iu,
retarded or convalescent.
(m) Impulsive Noise. A noise of short duration usually less than
one second and of high intensity, with an abrupt onset and rapid decay.
(n) Intruding Noise Level. The total sound level, expressed in the
A-weighted sound level decibel scale. created, caused, maintained or
originating from an alleged offensive source at aspecifled location while
the alleged offensive source is in operation.
(0) MaxImum Instantaneous A..weightedJ Slow Sound Pressure
Level. The highest level that was observed during the measurement
using the A-weighting and Slow response settings on the Sound Level
Meter.
(p) Mechanical E.quipment. Equipment such as pool pumps, spa
pumps, air conditioners and accessory equipment such as generators,
ducts and vents.
(q) Mobile Noise Source. Any noise source other than a fixed
noise source.
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(r) Noise Sensitive Land Use. Public or private schools, places.of
worship, cemeteries, libraries, hospitals and similar health care
institutions.
{s) Person. A person, firm, association, co~partnership, joint
venture, corporation or any entity, public or private in nature.
(t) Simple Tone Noise. 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 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: five dafor frequencies of five hundred Hz and
above; by eight dB for frequencies between one hundred sixty and four
hundred Hz; and, by fifteen dB for frequencies less than or equal to one
hundred twenty4ive Hz.
(u) Sound Level Meter. An instrument meeting International
Electrotechnical Commission (tEC) International Standard 61672 (Parts 1
and 2) 'Electroacoustics - Sound Level Meters,' or most fecent revision
thereof, for a Type 1 Sound Level Meter or an instrument and the
associated recording and analyzing equipment which will provide
equivalent data.
(v) Sound Pressure Level. Twenty times the logarithm to the base
ten of the ratio of the pressure of the sound to a reference pressure which
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shall be explicitly stated. The term 'noise level' used in this ordInance is
the Sound Pressure level.
(w) Vibration, Any movement of the earth, ground or other similar
surface created by a temporal and spatial 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 4.12.030 Exemptions.
The following activities shall be exempt from the provisions of this
Chapter unless otherwise expressly identified in any section of this
Chapter:
(a) Activities conducted on public parks, public playgrounds and
public or private school grounds including, but not limited to, school
athletic and school entertainment events.
(b) Community events.
(c) Any alarm or emergency device, apparatus or equipment
regulated by Municipal Code Sections 3.56.010 through 3.60.010.
(d) The installation, maintenance, repair or replacement of public
ufiHtles or public infrastructure conducted by the City of Santa Monica or a
public utllity company, or their agents and employees, while conducting
duties associated with their employment, subject to the restrictions
contained in 4.12.11 O(a) for afl.owable construction times.
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(e) Emergency work required to be performed to protect persons,
property, or pubHc safety following public calamity or from imminent
exposure to danger or hazards or public safety, 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
10.04.04.010 et seq. (Aircraft Noise AbatementCode).
(g) The periodic testing, maintenance or repair of emergency
generators located at any City of Santa Monica Police or Fire Department
facility.
(h) Any activity to the extent regulation thereof has been preempted
by State or Faderallaw.
Section 4.12.040 Exterior Equivafent Noise Level Measurement
Methodology.
Any noise level measurements 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. Equivalent noise level measurements
may be taken at any location on the exterior of any property impacted by
the noise, as selected at the discretion of the Community Noise Officer or
his or her designee. A violation of this Chapter shall occur if the noise
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standards set forth in this Chapter are exceeded for the noise zone where
the measurement is taken.
Section 4.12.050 Designated noise zones.
The properties hereinafter described are hereby assigned to the
following noise zones:
Noise Z.one I. All property in any residential district established by
Municipal Code Section 9.04.04 Of any revisions thereto. In addition,
property zoned Low Density Multiple Residential Beach District (R2B),
Medium Density Multiple Family Coastal Residential District (R3R), Ocean
Park Single Family Residential District (OP1), OP Duplex Ocean Park
Duplex Residential District (OP~Ouplex) OP~, Ocean Park Low Multiple
Residential District (OP2), Ocean Park Medium Multiple Residential
District (OPS), and Ocean Park High Multiple Residential District (OP4)
shall be included in this noise zone. The Santa Monica Pier shall be
excluded from this noise zone.
Noise Zone II. All property in any commercial district established
by Municipal Code Section 9..04.04 or any revisions thereto. In addition,
property zoned Beach Parking District (BPD), Civic Center (CC), Bayside
Commercial District (BSCD) and the Santa Monica Pier shall be included
in this noise zone.
Noise Zone m. All property in any manufacturing or industrial
district as established by Municipal Code Section 9.04.04 or any revisions
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thereto. In addition, property zoned Light Manufacturing and Studio
District (LMSD) shall be included in this noise zone.
Section 4.12.060 Exterior noise standards.
(a) The foHowing exterior noIse standards. unless otheMise
specifically indicated, shall apply to all property within a designated noise
zone during the times indicated:
Noise Zone rime Interval Ailowable''Leq
15 minute continuous I 5 minute continuous
measurement period I measurement pertod
I Monday - Friday j -I
50 dBA I 55 dBA I
10pm to 7am:
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7am to 1Opm: 60 dBA 65 dHA I
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Saturday and Sunday I I
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10pm to 8am: 50 dBA 55 dBA j
8am to 10pm: 160 dBA 65 dBA I
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II All days of Week
10pm to 7am: 60 dBA I 65 dBA
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! 7am to 10pm: 65 dBA 70 dBA I
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Anytime 70 dBA 75dBA I
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(b) For each Noise Zone, the allowable exterior equivalent noise
level shall be reduced by 5 dBA for impulsive or simple tone noise, or for
noises consisting of speech or music. If the ambient noise level exceeds
the allowable exterior noise level standard, the ambient noise level shaH
be the standard.
(c) Except as otherwise provided in this Chapter, no person shall
at any location within the City create any noise or allow the creation of any
noise on property owned, leased, occupied or otherwise controlled by
such person, which causes:
(1) the equivalent noise level to exceed the noise standards
established in subsection (a) of this Section for the noise zone where.the
measurement is taken, or
(2) a maximum instantaneous A-weighted, slow sound pressure
level to exceed the decibel limits established in subsection (a) of this
Section for the noise zone where the measurement is taken plus 20 dBA,
for any period of time.
(d) If any portion of a parcel is located within 100 feet of a noise
zone with higher noise standards as compared to the noise standards for
the noise zone in which the parcel is located, then the maximum allowable
exterior equivalent noise level for the entire parcel shall be the average of
the noise standards of the two noise zones. However, any noise level
measurement must be taken at least twenty-five feet from the parcel line
of the source of the nOise.
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(e) Construction activity shall be subject to the noise standards set
forth in Section 4. i 2.11 O.
(f) The noise standards established in Section 6.116.030 shall
apply on the Third Street Promenade and the Transit Mall..
Section 4.12.070 Vibration.
Notwithstanding other sections of this Chapter, it shall be unlawful
for any person to create, maintain or cause any ground vibration that is
perceptible without instruments at any point on any property. For the
purpose of thiS Chapter, the perceptlonthreshold shall be presumed to be
more than 0.05 inches per second RMS velocity. The vibration caused
by construction activity, moving vehicles, trains, and ijircraft shall be
exempt from this Section.
Section 4.12.080 Noise Adjustment procedure.
(a) The owner or operator of a noise or vibration source may file
an application with the Community Noise Officer for a noise adjustment
from the provisions of this Chapter. The owner or operator Shall set forth
all information which demonstrates that compliance with this Chapter
would create an unreasonable hardship on the applicant and shall indicate
all actions taken to comply with the provisions of this Chapter, the reasons
why compliance cannot be achieved, a proposed method of achieving
compliance to the greatest extent feasible and a proposed time schedule
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for its accomplishment. A separate application shall be filed for each noise
source or activity; provided, however, that several mobile sources under
common ownership, or several fixed sources ana single property may be
combined into one application.
(b) The Community Noise Officer shall hold a public hearing on
the application for a noise adjustment within 45 days of its receipt by the
Community Noise Officer. No later than ten days prior to the hearing, the
Community Noise Officer or his or her designee 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 hearing to every known property owner, tenant or
lessee within 300 feet of the exterior boundaries of the property on which
the noise source or activity is located and to residential and commercial
tenants of the involved property. The last known name and address of
each property owner as contained in the records of the Los Angeles
County Assessor shaH be used. The address of the residential and
commercial tenants shall be determined by visual site inspection or other
reasonably accurate means. The applicant for the adjustment shall be
responsible for supplying, at his or her expense, the Community Noise
Officer with a fist of property owners and tenants within the prescribed
area of notIfication and shall sign an affidavit verifying that the list has
been prepared in accordance with the procedure outlined in this Section.
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(c) All notices of an application for an noise adjustment shall state
the nature of the request, the location of the property, and the manner in
which additional information may be received.
(d) An application for an extensfon of a noise adjustment
previously granted shall be subject to this Chapter to the same extent as
an initial application for a noise adjustment.
(e) The Community Noise Officer shall evaluate all applications
for noise adjustments and may grant adjustments or extensions subject to
such terms, conditions, and requirements as the officer may deem
reasonable consistent with the provisions of this Chapter. Each decision
on a request for a noise adjustment or extension shall be set forth in
writing whfch shall contain the findfngs of fact upon whfchthe decision is
based. No adjustment or extension shall be granted unless each of the
following findings afe made:
(1 ) That strict application of this Chapter 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, the existing improvements, or the activity
involved;
(3) That the granting of a noise adjustment would not be
materlally detrimental to the persons and property within the affected
Noise Zones and to pUblic welfare;
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(4) That the noise has been reduced to the greatest extent
feasible.
(f) Any violation of the terms of said noise adjustment shall be
unlawful.
(y) A noise adjustment may be revoked if the Community Noise
Officer makes anyone or more of the following findings:
(1 ) That the noise adjustment was obtained by misrepresentation
or fraud;
(2) That one or more of the conditions of the nOise adjustment
have not beenoomplled with;
(3) That the noise adjustment was issued in contravention of state
or federal law or any ordinance of the City.
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 subject to prosecution under the terms of this Chapter for any
violation occurring prior to the granting of a noise adjustment.
(h) Any person aggrieved by a decision of the Community Noise
Officer may appe;;il to the City's Hearing Examiner pursuant to the time
limits and procedures of Chapter 6.16 of the Santa Monica Municipal
Gode. The decision of the Hearing Examiner shall be final except for
judicial review and shall not be appealable to the City Council.
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(i) The City Council shall establish by resolution fees for the filing
and processing of any application or appeal established by this Section.
These fees may be revised from time to time by resolution of the City
Council.
Section 4.12.090 Noisy animals.
No person shall permit or allow any animal under his or her
ownership, custody or control to bark, yell or cry for more than five (5)
minutes in anyone (1) hour period.
Section 4.12.100 Restrictions in public parks, beaches, or
recreational facilities.
(a) No person shall play any audio or electronic device including,
but not limited to, any radio, tape player, compact disc,electronic
keyboard or any other musical instrument after 10:00 p,.m. or before 8:00
a.m. in or upon any public park, beach or recreational facility owned or
maintained by the City of Santa Monica unless this device is only audible
through headphones or earphones.
(b) This Section shall not prohibit any individual or group from
playing any musical instrument, or any other audio or electronic device if
granted permission by the City to play or perform in or upon a public park,
beach or other recreational facility owned or maintained by the City
pursuant to a Community Event permit.
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Section 4.12.110 Restrictions on demolition, excavation,
grading, spray painting, construotion, maintenance or repair of
buildings.
(a) No person shall engage in any construction activity during the
following times anywhere in the City:
(1 ) Before eight a.m. or after six p.m. on Monday through Friday,
except that constructlonactlvities conducted by employees of the City of
Santa Monica. or public utilities while conducting duties associated with
their employment shall not occur before seven a.m. or after six p.m. on
Monday through Friday;
(2) Before nine a.m. or after five p.m. on Saturday;
(3) All day on Sunday;
(4) All day on New Year's Day, Martin Luther King's Birthday,
President's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day, as those days have been
established by the United States of America.
(b) Except as set forth'n subsection (d) of this Section, the noise
created by construction activity shall not cause:
(1) The equivalent noise level to exceed the noise standards
specified in Section 4.12.060 of this Chapter. for the noise zone where the
measurement is taken, plus twenty dBA, or
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(2) a maximum instantaneous A-weighted, slow sound pressure
level to exceed the decibel limits specified in Section 4.12.060 of thIs
Chapter for the noise zone where the measurement is taken plus forty
dBA, for any period of time.
(c) Prior to the issuance of a building permit, all development
projects located within five hundred feet of any residential development or
other noise sensitive land uses must submit a list of equipment and
activities required during construction. In particular, this list shall include
the following:
(1 ) Construction equipment to be used, such as pile drivers,
jackhammers, pavement breakers or similar equipment;
(2) Construction activities such as twenty~four..hour pumping,
excavation or demolition.
(3) A list of measures that will be implemented to minimize noise
impacts on nearby residential uses.
(d) Any construction that exceeds the noise levels established in
subsection (b) of this Section shall occur between the hours of 10am and
3pm, Monday through Friday.
(e) A permit may be issued authorizing construction activity
during the times prohibited by this Section whenever it is found to be in the
public interest. The person obtaining the permit shall provide notification to
persons occupying property within a perimeter of five hundred feet of the
site of the proposed construction activity prior to commencing work
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, pursuant to the permit. The form of the notification shall be approved by
the City and contain procedures for the submission of comments prior to
the approval of the permit. Applications for such permit shall be in writing,
shall be accompanied by an application fee 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. No permit
shall be issued unless the application is first approved by the Director of
Environmental and Public Works Management, the Building Officer, the
Chief of Pollee and the Director of Planning and Community Development.
The City Council shall establish by resolution fees for the filing and
processing of the application required by this subsection (e) and any
required compliance monitoring. This fee may be revised from time to
time by resolution orthe City Council.
Section 4.12.120 Posting of construction signs.
(a) There shall be displayed at every site covered by this Chapter
where workactMties requiring a City permit are being conducted, a sign in
English and Spanish reading substantially as follows: "Attention All
Employees and Subcontractors. Santa Monica construction/demolition
work times are: Monday through Friday, 8:00 a.m. until 6:00 p.m.;
Saturday 9:00 a.m. until 5:00 p.m.; Sundays and holidays, no work
permitted." In additi.on, the sign shall indicate the City telephone numbers
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where violations of this Section can be reported, the location of the job
site, qnd the permit number issued authorizing the work.
(b) Signs required by this Section shall be continually placed
prominently at the primary entrance to the work site so that they are
clearly visible to the public and to all employees, contractors,
subcontractors and all other persons performing work at the site, so long
as activity covered by this Section is occurring.
(c). Each sign required to be displayed pursuant to this Section
shall be obtained from the Building and Safety Division. The Building and
Safety Division shall charge for each sign a fee equal to the City's cost of
printing the sign.
(d) Each Department or agency of the City that is required to
inspect the work site is directed only to inspect sites that comply with this
Section.
(e) This Section shaH apply to construction pursuant to any
building permit issued after the effective date of the Ordinance codified in
this Chapter.
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Section 4.12.130 Location, .screening and noise measurements
of mechanical equipment.
All development project applications must demonstrate compliance
with or contain the following information:
(a) A list of all permanent mechanical equipment to be placed
outdoors and aU permanent mechanical equipment to be placed indoors
which may be heard outdoors. All such equipment shall require a noise
analysis to demonstrate compliance with Section 4.12.060 prior to the
issuance of abuilding permit for the development project.
(b) Mechanical equipment shall not be located on the side of any
building which is adjacent to a residential building on the adjoining lot
unless it can be shown that the noise will comply with the requirements of
Section 4.12.060. Roof locations may be used when the mechanical
equipment is installed within a noise attenuating structure.
(c) Final approval of the location of any mechanical equipment will
require a noise test to demonstrate compliance with Section 4.12.060.
Equipment for the test shall be provided by the owner or contractor and
the test shall be conducted by the owner or contractor. A copy of noise
test results on mechanical equipment shall be submitted to the Community
Noise Officer for review to ensure that noise levels do not exceed
maximum allowable levels for the applicabl.e noise zone.
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Section 4.12.140 Nightclubs, bars and establishments with
amplified music.
(a) All entrances and exits, except exits which are solely
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emergency exits, to all nightclubs, bars and establishments with amplified
music shall be located only on commercial streets, except that exits can
be located on alleys which abut commercial or manufacturing zones.
(b) Entrances and exits, except exits which are solely emergency
exits, shall be designed as two-door vestibules. so that only one set of
doors is open at a time. Doors shan be of solid core design. Windows shall
be constructed with double-paned glass. However, if sound through doors
and windows is not sufficiently reduced to comply with Section 4.12.060 of
this Chapter, then sound-rated door and window assemblies tested in
accordance with ASTM E-90-02, or any successor, shall be installed.
Plans of the proposed installation shall be submitted to the Building and
Safety Division for approval prior to construction. Final approval of the
installation will require the passing of a noise level test and an inspection
by the Building and Safety Division and the Fire Department
(c) This Section shall apply to all nightclubs. bars and
establishments with amplified music whose application for this type of use
was filed with the City's Planning Division on or after September 1, 1992,
or if no application is necessary, to nightclubs, bars and establishments
with amplified music constructed or substantially remodeled after
September 1,1992. The replacement. relocation, or addition of a wrndow
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or exterior exit door In any e.xistingnlghtclub, bar, and establishment shall
also be subject to this Section.
(d) This Section shall not apply to any establishment on the Santa
Monica Pier.
Section 4.12.150. Business Support Operations
(a) No business establishment shaUengage in the following
activities outside of an enclosed building between the hours of 11 p.m. to
6 a.m. if the property on which the establishment is located is within one
hundred feet of a residentially zoned property:
(1) Receipt ordeHvery of merchandise. goods, food, or any item for
use in the operation of the business.
(2) Trash disposal and recycling activities.
(3) Any maintenance or cleaning of equipment or furnishings
(4) Any cleaning of the property with pressurized or mechanical
equipment.
(b) No business establishment shall operate outdoor speaker(s) or
public address system(s) if the property on which the establishment. is
located is within one hundred feet of a residentially zoned property except
as authorized pursuant to 9.04.14.090 of this Code.
(c) Nightclubs and bars located within one hundred feet of a
residentially zoned property shall comply with the following requirements
in addition to the requlrements of subsection (a) of this Section:
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(1) A sign not less than 2 square feet in size shall be posted over
every public exit, except an exit which is used sol.ely as an emergency
exit, which contains the following. statements:
(i) This establishment is located near residences. Please be
courteous to our neighbors and do not disturb their peace and quiet as
you leave.
(Ii) If you used a valet service to park your car, please ask your
passengers to remain inside this establishment until your car is retrieved.
(2) During the thirty minute periods immediately preceding and
following the closing of the establishment for business each day, the
establishment shall designate an individual whose responsibility both
inside and outside the premises shall be to ensure that patrons leaving the
property do so promptly and quietly.
(d) Existing business establishments shall comply with this Section
within six months of the effective date of Ordinance No. ~ (GCS). This
Section shaH not apply to busIness establishments within the area of the
City bounded by the centerline of Ocean Avenue, the centerline of
WHshire, the centerline of Colorado, and the centerline of 7th Court.
Section 4.12.160 Interference with enforcement.
No person shall Interfere with or resist the taking of any noise
measurement authorized by this Chapter.
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Section 4.12.110 Noise reduction in project siting and de.sign.
New development may only be permitted if noise mitigation
measures are taken in project siting and design such that exterior noise
levels meet equivalent noise level requirements of Section 4.12.060 and
the standards contained in the Interior and Exterior Noise Standards
Matrix as contained in the Noise Element of the General Plan for any
existing noise sOurceS near the project or contained within the project.
Section 4.12.180 Restrictions on gardening or fandscaping
activities.
(a) No person shall engage in any gardening or landscaping
activity by use of any internal combustion, motorized or electromechanical
means during the fol/owing times anywhere in the City:
(1) Before 8:00 a.m. or after 8:00 p.m. on Monday through Friday,
except that gardening or landscaping activities conducted by employees of
the City of Santa Monica or public utilities shall not occur before 7:00 a.m.
or after 8~OO p.m. on Monday through Friday;
(2) Before 9:00 a.m. or after 8:00 p.m.. on Saturday and Sunday,
or on New Years Day, Martin Luther King's Birthday, President's Day,
Memorial Day, Independence Day, labor Day, Thanksgiving Day and
Christmas Day, as those days have been established by the United States
of America.
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,......-.
(b) A permit may be issued authorizing gardening or landscaping
activity during the times prohibited by this Section whenever it is found to
be in the public interest Applications for such permits shall be in writing.
accompanied by any applicable fee as the City Council may by resolution
establish. and shall set forth in detail facts showing that the public interest
will be served by the issuance ofthe permit. Applications shall be made to
the Community Noise Officer, whose decision shall be final and not
appealable to the City Council.
Section 4.12.190 CrimInal remedies.
It shall be unlawful for any person to violate any provision. or to fail
to comply with any of the requirements of this Chapter. Any person
violating any of the provisions of this Chapter shall be deemed guilty of a
misdemeanor. unless otherwise provided. and upon conviction thereof
shall be fined in an amount not to exceed five hundred dollars or be
imprisoned in the City Jail for a period not to exceed 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.
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-.- - ~ ,. ~
Sect.ion 4.12.200 Addit.ional 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 or any
aggrieved person in any manner permitted by law including, but not limited
to, suit In a court of competent jurisdiction. Each day such condition
continues shaH be regarded as a new and separate offense.
(b) The violation of any provision of this Chapter may also be
grounds for the imposition of admInistrative fines and penalties in
accordance with Chapters 1.09 and 1.1 0 of the Code.
(c) The Community Noise Officer may designate qualified city staff
in the Planning and Community Development Department and the Police
Department to enforce the provisions of this Chapter.
(d) No provisi.on 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.
Section 4.12.210. Administrative Guidelines
The Community Noise Officer shall prepare administrative
guidelines to implement this Chapter.
SECTION 2. 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
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court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby declares that it would
have passed this ordinance, and each and every 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 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 effect the provisions of this Ordinance.
SECTION 4. 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, 2004.
~~-~
.."....,. ,..,. .,..
RJchard Bloom, Mayor
State of California )
County of L.os Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing QrdinanceNo. 2115 (CeS) had its introduction on February 10,2004, and
was adopted at the Santa Monica City Council meeting. held on February 24,2004, by
the following vote:
Ayes; Council members: MayorSloom, Mayor Pro Tern McKeown, Katz, Genser
Noes; Council members: Holbrook, O'Connor
Abstain: Council members: None
Absent: Council members: Feinstein
ATTEST:
~~ .~".. .! ~
Maria M.Stewart, City Clerk
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