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HomeMy WebLinkAboutOrdinance No. 2200 ORDINANCE NO. 2200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE AZUSA MUNICIPAL CODE TITLE 8 BY ADDING CHAPTER 8. 58 RELATING TO NOISE. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Title 8 of the Azusa Municipal Code is hereby amended by adding Chapter 8 .58 to read as follows : 8. 58 NOISE SECTIONS : 8. 58 . 010 PURPOSE 8.58. 020 DEFINITIONS 8. 58. 030 SOUND MEASUREMENT CRITERIA 8. 58.040 SOURCES OF NOISE 8 .58 . 050 NOISE LEVELS 8.58 . 060 EXEMPTIONS 8. 58 . 010 PURPOSE. The City Council finds and declares that noise is a major source of environ- mental pollution and at certain levels noise represents a threat to the public health, safety and welfare. It is declared to be the policy of the City to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. 8.58. 020 DEFINITIONS. As used in this Chapter, unless the context otherwise clearly indicates the words and phrases used in this Chapter are defined as follows : (a) "Ambient noise" . The all-encompassing noise associated with a given environment, being usually a composit of sounds from many sources near and far. (b) "A-weighted sound level" . The total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of twenty (20) micro-pascals per square meter using the A-weighted network. The standard notation is dBA. (c) "Cyclically varying noise" . A steady or non-steady noise which varies in amplitude, while the same sound pressure level is obtained at reason- able uniform intervals of time. (d) "Decibel" . 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. (e) "Emergency work" . Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger or work by public or private utilities to restore utility service. (f) "Impulsive noise" . A noise that is reported at sufficiently slow rates such that a sound level meter set at "fast" meter response will slow changes in sound pressure level greater than 10dBA. (g) "Night" . The time period from 10 :00 p.m. to 7 :00 a.m. (h) "Noise level" . The maximum continuous sound level or repetitive peak level produced by a source or group of sources, as measured with a precision sound level meter, using the A-weighting scale, and with the meter response function set at "slow" . (i) "Person" . An individual, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature. (j) "Property boundary" . An imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person and its vertical extension. This shall include condominium units, with the "property boundary" being the wall, floor, or ceiling separating the adjoining condominium units. (k) "Pure tone" . A sound wave whose instanta- neous sound pressure varies essentially as a simple sinusoidal function of time. (1) "Sound level" . The decibel level of a sound measured by use of the "A" weight scale, with slow response by a sound level meter. (m) "Sound level meter" . An instrument meeting the American National Standard Institute' s Standard S1. 4-1971 or most recent revision thereof for instru- ment and the associated recording and analyzing equipment which will provide equivalent data. (n) "Steady noise" . A noise whose sound pressure level remains within a +6dB range during the fifteen (15) minute measurement period with the sound level meter set at "slow" response. 8. 58 . 030 SOUND MEASUREMENT CRITERIA. Any sound level measurement made pursuant to the provisions of this Chapter shall be measured with a sound level meter using the A-weighting. 8 . 58. 040 SOURCES OF NOISE. (a) Motor Vehicles. No person within the City shall make, continue or cause to be made or continue any loud, unnecessary, or unusual noise; nor shall any person race the motor of any motor vehicle, needlessly bring to a sudden start or stop any motor vehicle, or operate any motor vehicle (including any motorcycle, trail bike, dune buggy, motor scooter or jeep) or the motor thereof on any place other than a highway so as to disturb the peace or quiet -2- of any neighborhood or person by noise, dust, smoke, or fumes caused by such motor vehicle, nor shall any person make any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. (b) Equipment and Machinery. No person shall use, operate , or permit to be used or operated within or near any residential zone any power tool, machine, or equipment, or any other tool, machine, or equipment, between the hours of 10 :00 p.m. and 7 :00 a.m. in such amanner that the sounds therefrom disturb or interfere with the peace , comfort, or welfare of the neighboring inhabitants. (c) Radios , Phonographs, Musical Instruments, Electronic Devices. No person shall use or operate, or permit to be played, used, or operated, when under his control or direction, any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto. (d) No person shall use or operate, or permit to be used, operated or played while under his control any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound between the hours of 10 :00 p.m. and 7 : 00 a.m. in such a manner that the sound therefrom is plainly audible at a distance of fifty (50) feet from the building, structure, or vehicle in which it is located. (e) Loudspeakers and Amplifiers for Advertising. No person shall use or operate , or permit to be played, used or operated, while under his control any radio, receiving set, musical instrument, phonograph, loud- speaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purposes of commercial advertising or attracting the attention of the public to any building or structure . (f) Public Address Systems. No person shall install, maintain or operate any outdoor paging system or public address system which (a) is capable of producing a sound level of five (5) decibels "A" scale (dBA) above the ambient sound level at the property line of the adjacent property, (b) is operated between the hours of 9 : 00 p.m. and 8 : 00 a.m. , and (c) is used in a manner as to create a sound upon any residential property at any time, which sound is of such tone or volume as to be annoying or disturbing to persons of normal sensibility upon any residential property. (g) Animals and Birds. No person shall keep, maintain, or permit upon any lot or parcel of land under his control any dog, animal , or fowl which by any sound, bark or cry disturbs the peace or comfort of the neighboring inhabitants or interferes with any person for the reasonable and comfortable enjoyment of life and property. -3- (h) Construction. It shall be unlawful for any person within a residental zone, or within a radius of five hundred (500) feet therefrom to operate equipment or perform any outside construction or repair work on building, structures or projects or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device between the hours of 10 : 00 p.m. and 7: 00 a.m. 8. 58. 050 NOISE LEVEL. (a) Noise Limits. It shall be unlawful for any person within the City to produce or cause or allow to be produced sound or noise which is received on property occupied by another person in excess of the following levels, except as expressly provided in subsection (6) of this section. REGION TIME 7 :00 a.m. 10 :00 p.m. to 10 :00 p.m. to 7 :00 a.m. Residential zone 55dBA 50dBA Commercial zone 65dBA 60dBA Industrial zone 70dBA 70dBA If any parcel of real property is developed and used for multiple land uses, the lower use noise level standard shall apply. (b) Corrections to Noise Limits. The numerical limits given in Section 8. 58. 050 (a) shall be adjusted by the following corrections : Correction (in dB) (1) Noise source operated more than 5 minutes but less than 15 minutes per hour. +5 (2) Noise source operated more than 1 minute but less than 5 minutes per hour. +10 (3) Noise source operated less than 1 minute per hour. +15 8.58 . 060 EXEMPTIONS. The standards established in this Chapter shall not apply to any of the following noise sources: (a) Lawfully conducted parades. (b) Bells, Chimes, or Carillons while being used in conjunction with religious or patriotic services. (c) Systems to warn the community of attack or imminent public danger. (d) All authorized school activities being conducted upon school or public property. (e) Any activity to the extent preempted from regulation by State or Federal law. -4- SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 19th day of December , 1983. MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2200 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of November , 1983. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of December , 1983 , by the following vote to wit: AYES : COUNCILMEMBERS: CRUZ, LATTA, MOSES NOES : COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ADOLPSOLIS, CITY CLERK Publish Azusa Herald: 12/28/83 -5-