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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 I , -. - "". WHEREAS these circumstances can lead to excessive noise and make t . . . 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 ') '" 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 " .1 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. 4 ..___._ _ _.W W~- .... . (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. 5 -. ,~ (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. 6 (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. 7 (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 8 -- 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. 9 (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 10 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 11 , 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: I 7am to 1Opm: 60 dBA 65 dHA I I { I Saturday and Sunday I I I i i 10pm to 8am: 50 dBA 55 dBA j 8am to 10pm: 160 dBA 65 dBA I I I I i 1 _......_... .~,w_......_~_.__~.w I I II All days of Week 10pm to 7am: 60 dBA I 65 dBA j ! 7am to 10pm: 65 dBA 70 dBA I ! f ior-'-' '__'_'_"n__..".~'_'~'.'..m_'_~'__. Anytime 70 dBA 75dBA I I i ~ Low__ ---- -- i 12 .--..... (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. 13 (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 14 ..-.... 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. 15 (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; !6 ..0_- (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. 17 "- (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. 18 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 1.9 __ _u (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 20 ."--'. , 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 21 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. 22 ....",- '"-,-" 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. 23 Section 4.12.140 Nightclubs, bars and establishments with amplified music. (a) All entrances and exits, except exits which are solely , 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 24 ..- -- 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: 25 (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. 26 ~-~- 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. 27 ,......-. (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. 28 -.- - ~ ,. ~ 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 29 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: 30 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 31