HomeMy WebLinkAboutCC Ord 1100 1981-08-10
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ORDINANCE NUMBER 1'1't?t?
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA,
ADDING CHAPTER l3D TO THE SEAL BEACH
MUNICIPAL CODE, PROVIDING FOR NOISE
CONTROL WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter l3D, Noise Control, is hereby added to the Seal
Beach Municipal Code to read as follows:
NOISE CONTROL
Section 130-1. Declaration of Policy.
In order to control unnecessa~. excessive and annoying sounds
emanating from incorporated areas of the City, it is hereby declared
to be the policy of the City to prohibit such sounds generated from
all sources as specified in this Chapter.
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It is determined that certain noise levels are detrimental to
the public health, welfare and safety and contrary to the public
interest, therefore, the City Council does ordain and declare that
creating, maintaining, causing or allowing to create, maintain or
cause any noise 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 l3D-2. Definitions.
The following words, phrases and terms as used in this Chapter
shall have the meaning as indicated below:
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.
CUMULATIVE PERIOD shall mean an additive period of time composed
of individual time segments which may be continuous or interrupted.
DECIBEL (dB) shall mean a unit which denotes the ratio between two
(2) quantities which are proportional to power: the number of decibels
corresponding to the "ratio of two (2) amounts of power is ten (10) times
the logarithm to the base ten (10) of this ratio.
DWELLING UNIT shall mean a single unit providing independent living
facilities for one or more persons including provisions for living,
sleeping, eating, cooking and sanitation.
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EMERGENCY MACHINERY, VEHICLE OR WORK shall mean any machinery,
vehicle or work used, employed or performed in an effort to protect,
provide or restore safe conditions in the community or for the citizenry,
or work by private or public utilities when restoring utility service.
FIXED NOISE SOURCE shall mean a stationary device which creates
sounds while fixed or motionless including but not limited to
industrial and commercial machinery and equiplnent, pumps, fans,
compressors, generators, air conditioners and refrigeration equipment.
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Ordinanc'e No. //~O
GRADING shall mean 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.
IMPACT NOISE ~hall mean the noise pro~uced by thp. collision of one
mass in motion with a ser.ond mass which may be either in motion or at rest.
MOBILE NOISE SOURCE shall mean any noise source other than a fixed
noise source.
NOISE LEVEL shall mean the "A~' weighted sound pressure level in I
decibels obtained by using a sound level meter at a slow response with a
reference pressure of 20 micronewtons per square meter. The unit of
measurement shall be designated as dB (A).
NOISE VARIANCE BOARD shall mean an administrative board of five (5)
members appointed by the Board of Supervisors of the County of Orange, per
Title 4, Division 6, Article 1 of the Codified Ordinances of the County of
Orange.
PERSON shall mean a person, firm, association, copartnership, joint
venture, corporation or any entity, public or private in nature.
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.
SIMPLE TONE NOISE shall mean a noise characterized by a predominant
frequency or frequencies so that other frequencies cannot be readily
distinguished.
SOUND LEVEL METER shall mean an instrument meeting American National
Standard Institute's Standard Sl.4-1971 for Type 1 or Type 2 sound level
meters or an instrument and the associated recording and analyzing equipment
which will provide equivalent data.
SOUND PRESSURE LEVEL of a sound, tn decibels, shall mean twenty (20)
times the logarithm to the base ten (10) of the ratio of the pressure of
the sound to a reference pressure, which reference pressure shall be
expl icl tly stated.
Section 13D-3. Noise Level Measurement Criteria.
Any noise level measurements made pursuant to the provisions of the
Chapter shall be performed using a sound level meter as defined in Section 2.
Section 13D-4. Designated Noise Zone.
The properties hereinafter described are hereby assigned to the following
noise zones:
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Noise Zone 1: All residential properties.
Noise Zone 2: All commercial properties.
Noise Zone 3: All industrial. manufacturing or oil properties.
Section 13D-5. Exterior Noise Standards.
(a) The following noise standards. unless otherwise specifically
indicated, shall apply to all property within a designated noise zone.
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NOISE ZONE
1
2
3
NOISE STANDARDS
NOISE LEVEL
55 dB(A)
50 dB(A)
65 dB(A)
70 dB(A)
TIME PERIOD
7:00 a.m.-10:00 p.m.
10:00 p.m.- 7:00 a.m.
r..+' 'my time
At any time
Ordinance No. I /o~
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In the event the alleged offensive noise consists of impact noise,
simple tone noise. speech, music, or any combination thereof. each of
the above noise levels shall be reduced by 5 dB(A).
(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 person. when the foregoing causes the noise level. when measured
on any residential property. to exceed:
(1) The noise standard for a cumulative period of more than
thirty (30) minutes in any hour; or
(2) The noise standard plus 5 dB(A) for a cumulative period
of more than fifteen (15) minutes in any hour; or .
(3) The noise standard plus 10 dB(A) for a cumulative period
of more than five (5) minutes in any hour; or
(4) The noise standard plus 15 dB(A) for a cumulative period
of more than one (1) minute in any hour; or
(5) The noise standard plus 20 dB(A) for any period of time.
(c) In the event the ambient noise level exceeds any of the first
four (4) noise limit categories above. the cumulative period applicable
to said category shall be increased to reflect said ambient noise level.
In the event the ambient noise level exceeds the fifth noise limit
category. the maximum allowable noise level under said category shall be
increased to reflect the maximum ambient noise level.
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Section 130-6. Interior Noise Standards.
(a) The following interior noise standards. unless otherwise
specifically indicated. shall apply to all residential property within
a designated noise zone:
NOISE ZONE
1
INTERIOR NOISE STANDARDS
NOISE LEVEL
55 dB(A)
45 dB(A)
TIME PERIOD
7:00 a.m. - 10:00 ~.m.
10:00 p.m. - 7:00 a.m.
In the event the alleged offensive noise consists of impact noise,
simple tone noise. speech, music, or any combination thereof, each of
the above noise levels shall be reduced by 5 dB(A).
(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 person, when the foregoing causes the noise level
when measured within any other dwelling unit on any residential property.
to exceed:
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(1) The interior noise standard for a cumulative period of
more than five (5) minutes in any hour; or
(2) The interior noise standard plus five (5) dB(A) for a
cumulative period of more than one (1) minute in any houri or
(3) The interior noise standard plus ten (10) dB(A) for any
period of time.
Ordinance No. lit>O
(c) In the event the ambient noise level exceeds either of the first
two noise limit categories above. the cumulative period applicable to said
category shall be increased to reflect said ambient noise level. In the
event the ambient noise level exceeds the t~ir.d noise limit category. the
maximum &llowabie noise level under said category shall be increased to
reflect the maximum ambient noise level.
Section 130-7. Special Provisions.
The following activities shall be exempted from the provisions of
thi s Chapter:
(a) Activities conducted on the grounds of any public or private
nursery, elementary. intermediate or secondary school or college.
(b) Outdoor gatherings, public dances, shows and sporting and
entertainment events provided said events are conducted pursuant to a
permit (License/permit) issued by the City pursuant to Chapter 19D of
the City Municipal Code relative to the staging of said events.
(c) Activities conducted on any park or playground provided such
park or playground is owned and operated by a public entity.
(d) Any mechanical device, apparatus or equipment used, related
to or connected with emergency machinery, vehicle or work.
(e) Noise sources associated with construction, repair, remodeling,
or grading of any real property, provided said activities do not take
place between the hours of B:OO p.m. and 7:00 a.m. on weekdays, including
Saturday, or at any time on Sunday or local. State or Federal holidays.
(f) Noise sources associated with the maintenance of real property
provided said activities take place between the hours of 7:00 a.m. and I
8:00 p.m. on any day except Sunday or local, State or Federal holidays,
or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or local, State
or Federal holidays.
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(g) Any activity to the extent regulation thereof has been pre-
empted by State or Federal law.
Section l3D-8. Schools. Hospitals and Churches - Special Provisions.
It shall be unlawful for any person to create any noise which causes
the noise level at any school, hospital or church while the same is in
use. to exceed the noise limits as specified in Section l3D-5 prescribed
for the assigned noise zone in which the school, hospital or church is
located. or which noise level unreasonably interferes with the use of
such institutions or which unreasonable disturbs or annoys patients in
the hospital, provided conspicuous signs are displayed in three separate
locations within one-tenth of a mile of the institution indicating the
presence of a school, church. or hospital.
Section l3D-9. Air conditioning and Refrigeration - Special Provisions.
The noise standards enumerated in Sections 130-5 and 130-6 shall be
increased 3 dB(A) where the alleged offensive noise source is an air
conditioning or refrigeration system or associated equipment which was
installed prior to the effective date of the Ordinance.
Section 130-10. Noise Level Measurement.
The location selected for measuring exterior noise levels shall be
at any point on the affected property. Interior noise measurements
shall be made within the affected dwelling unit. The measurement shall
be made at a point at least four (4) feet from the wall. ceiling, or
floor nearest the alleged offensive noise source and may be made with
the windows of the affected unit open.
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Ordinance No. IltJO
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Section l30-l1. Manner of Enforcement.
The Orange County Health Officer and his duly authorized repre-
sentatives ~rp' dirpcteo to enforce the provisions of this Chapter. The
Orange County Health Officer and his duly authorized representatives are
authorized. pursuant to Penal Code Section 836.5, to arrest any person
without a warrant when they have reasonable cause to believe that such
person has committed a misdemeanor in their presence.
No person shall interfere with, oppose or resist any authorized
person charged with enforcement of this Chapter while such person is
engaged in the performance of his duty.
Section 130-12. Variance Procedures.
The owner or operator of a noise 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 of its accomplish-
ment. Said application shall be accompanied by a fee in the amount of
seventy-five dollars ($75.00). 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 recommendation thereon within
thirty (30) days to the Noise Variance Board for action thereon in
accordance with the provisions of this Chapter.
An applicant for a variance shall remain subject to prosecution
under the terms of this ordinance until a variance is granted.
Section l3D-13. Noise Variance Board.
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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 terms, conditions and
requirements as it may deem reasonable to achieve maximum complaince with
the provisions of this Chapter. Said terms, conditions and requirements
may include. but shall not be limited to limitations 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
magnitude of nuisance caused by the offensive noise; the uses of property
within the area of impingement by the noise; the time factors related to
a study, design, financing and equipment; and the general public interest
and welfare. Any variance granted by said Board shall be by resolution
and shall be transmitted to the Health Officer for enforcement. Any
violation of the terms of said variance shall be unlawful.
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Section l3D-14. Appeals.
Within fifteen (15) days following the decision of the 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 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 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.
Ordinance No. 1100
Within fi'fteen (15) days following receipt of a notice of appeal
and the appeal fee, the Secretary of the Variance Board shall forward to
the City Council copies of the application for variancei the recommendation
of the Health Officeri the notice of appeali all evidence concerning said
application received by the Variance Board and its decision thereon. In
addition, any person may file with the City Council written arguments
supporting or attacking said decision and the City Council may in its
discretion hear oral arguments thereon. The City Clerk shall mail to
the applicant a notice of the date set for hearing of the appeal. The
notice shall be mailed at least ten (10) days prior to the hearing date.
Within sixty (60) days following its receipt of the notice of the
appeal, the City Council shall either affirm, modify or reverse the
decision of the Variance Board. Such decision shall be based upon the
City Council's evaluation of the matters submitted to the City Council in
light of the powers conferred on the Variance Board and the factors to be
considered, both as enumerated in Sections 13D-12 and 13D-13.
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As part of its decision the Council may direct the Variance Board
to conduct further proceedings on said application. Failure of the City
Council to affirm, modify or reverse the decision of the Variance Board
within said sixty (60) day period shall constitute an affirmance of the
decision.
Section l3D-15. Violations: Misdemeanors.
Any person violating any of the provisions of this Chapter shall be
deemed guilty of a misdemeanor. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be
punishable as such. The provisions of this Chapter shall not be construed
as permitting conduct not prescribed herein and shall not affect the
enforceability of any other appl'icable provisions of law.
Section 2. The City Clerk shall certify to the passage and adoption of I
this ordinance and shall cause the same to be published as
required by law.
PASSED, APPROVED and ADOPTED by the City Council of the City~f Seal Beach,
Cali nia, at a regular meeting thereof held on the /0 w day of
. 1981.
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Mayor
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/' >>t SeAL "'I.
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City of Seal Beach and ex-officio clerk
'fy that the foregoing ordinance was
",d? , 1981 and was
ouncil Of~ Ci~ Seal Beach
day of . 't ' 1981,
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of t
of the City Council, do hereby c r
introduced at a meeting held on
passed, approved and adopted by
at a meeting thereof held on the
by the following vote:
AYES: Councilmember
NOES: Councilmembers
ABSENT: Councilmembe s
'~
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Ordinance Number 1'1't'~
PROOF OF PUBLICATION
(2015.5 C.C.P.l
.
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. 1
am the principal clerk of the printer of the
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a newspaper of general clr latlon, printed,
and published ...~~.............
in the City of ..~ ~...~.
County of Orange, and which news-
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Or7 State of
California, under the date of. . .' 19~1.
Case Number AI#..f:/:.J..; that the notice,
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil I, has
been published in each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit:
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I certify (or declare.l' under ~nalty of
perjury that the foregoing 'Is true and
correct, f) - . .
Dated at....~.~...:..
CaI_~t.:....y of.. ;0/.1..
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Signatu
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120 West Second Sh, Los Angeles, Calif. 90012
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Ordinance Number ;l1'~~
"ROOF Of PUBLICA liON
(2015.5 C.C.P.I
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above,entitled matter, I
am the principal clerk of the printer of the
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a newspaper of general culatlon. printed
and published .......~.~!...,(~........
in the City of "~~"T:tt........
County of Orange. and which news.
paper has been adjudged a newspaper
of general circulation by the Super-ior
Court of the County of Orange. State of
California. under the date Of..t?ffr.. 19 ~.!.
Case Number Af,),.!r:I:J..; that the notice,
of which the annexed is a printed copy (set
in type not 'smaller than nonpareil). has
been published In each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates.
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all in the year 19.1.1.
I certify (or declare,> under penalty of
perjury that the foregoing is true and
correct. /J_
Dated at ...~.~:f.-ff...........
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CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
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120 We8t Second St,. Los Angeles. Calif. 90012
Telephone: (2131625-2541
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Ordinance Number ~~L?t7
PROOF OF PUBLICATION
(2015.5 C.C. P.I
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or Interested in the above-entitled matter, 1
am the principal clerk of the printer of the
....................................................
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a newspaper of gener
and published ..~...........
In the City of .~_'&....bl.J......
County of Orange. and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. under thedateof.~.. 19G?..
Case Number "J:;!.~I.'.~...; that the notice.
of which the annexed Is a printed copy (set
in type not 'smaller than nonpareil), has
been published In each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates.
to-wit: ~~__~
~I'I' ;~. ';~~~yJ;;ii.< 7......................
I certify (or declare,) under penalty of
perjury that the foregOing Is true and
correct, f}
Dated at..... ~ ..$.":'."U'.-4'.........
California''M;..day of~191.{
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F.... copies of thiS blink form m.y be .Icured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 West Second SI':. Los Angeles. Calif. 90012
telephone: (213) 625-2541
PI.s'. rlClU..t GENE RAL Proof.f Publlc.tlo:'l
wllln orderln. thll form.
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This space Is for the County Clerk's Filing Stamp
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