HomeMy Public PortalAbout95-1068 ORDINANCE NO. 95-1068
AN ORDINANCE OF THE CITY OF CARSON ESTABLISHING NOISE CONTROL
REGULATIONS IN ADOPTING BY REFERENCE CHAPTER 12.08 OF TITLE 12 OF
THE LOS ANGELES COUNTY CODE, MAKING AMENDMENTS TO SAID CODE,
AND AMENDING THE CARSON N UNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section 1. The Carson Municipal Code is hereby amended by adding Chapter 5 to
Article V to read:
"CHAPTER 5"
Noise Control Ordinance
5500. Adoption of Los Angeles County Noise Control Ordinance. Except as
hereinafter provided, Chapter 12.08 of Title 12 of the Los Angeles County Code, entitled
"Noise Control Ordinance of the County of Los Angeles," as amended and in effect on,
August 1 , 1995, is hereby adopted by reference and shall be known as the Noise
control Ordinance of the City of Carson.
A copy of said Chapter 12.08 of Title 12 of the Los Angeles county Code, as amended,
is attached and has been deposited with the office of the City Clerk of the City of Carson and
shall be at all times maintained by said Clerk for use and examination by the public.
5501. Definitions. Whenever any of the following names or terms are used in said
Noise Control Ordinance, each such name or term shall be deemed and construed to have the
meaning ascribed to it in this section as follows:
"Board of supervisors of the county" shall mean the City Council of the City of
Carson.
"County of Los Angeles," "the county," "unincorporated areas of the county," and
"unincorporated county" shall, except as provided in Section 12.08.108 as amended, mean the
City of Carson.
"County Ordinance 1494, as amended" shall mean Article IX of the Carson Municipal
Code.
5502. Amendments to Noise Control Ordinance. Notwithstanding the provisions of
Section 5500, the Noise Control Ordinance is hereby amended as follows
Ordinance No. 95-1068
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(a) By amending section 12.08.180 to read:
12.08.181 "Health officer" means the Director of Public Safety of the City of Carson
and shall be deemed to include the Director of the Department Health Services of the
County of Los Angeles, or his duly authorized representatives, while performing public
health services, including noise level measurements, under contract with the City.
(b) By amending subsection B of Section 12.08.390 to read:
12.08.390B Unless otherwise herein provided, no person shall operate or cause to be
operated, any source of sound at any location within the unincorporated county, or
allow the creation of any noise on property owned, leased, occupied or otherwise
controlled by such person which causes the noise level, when measured on any other
property either incorporated or unincorporated, to exceed any of the following exterior
noise standards:
Standard No. 1 shall be the exterior noise level which may not be exceeded for a
cumulative period of more than 15 minutes in any 30 minute period. Standard No. 1
shall be the applicable noise level from subsection A of this section: or, if the ambient
L5o exceeds the foregoing level, then the ambient L5o becomes the exterior noise level
for Standard No. 1.
Standard No. 2 shall be the exterior noise level which may not be exceeded for a
cumulative period of more than 7.5 minutes in any 30 minute period. Standard No. 2
shall be the applicable noise level from subsection A of this section plus 5dB: or, if the
ambient L25 exceeds the foregoing level, then the ambient L25 becomes the exterior
noise level for Standard No. 2
Standard No. 3 shall be the exterior noise level which may not be exceeded for a
cumulative period of more than 2.5 minutes in any 30 minute period. Standard No. 3
shall be the applicable noise level from subsection A of this section plus 20dB; or, if
the ambient L8.3 exceeds the foregoing level, then the ambient L8.3 becomes the
exterior noise level for Standard No. 3.
Standard No. 4 shall be the exterior noise level which may not be exceeded for a
cumulative period of more than 30 seconds in any 30 minute period. Standard No. 4
shall be the applicable noise level from subsection A of this section plus 15dB; or, it
the ambient I_1.7 exceeds the foregoing level, then the ambient Li.7 becomes the
exterior noise level for Standard No. 4.
Standard No. 5 shall be the exterior noise level which may not be exceeded for any
period of time. Standard No. 5 shall be the applicable noise level from subsection A of
this section plus 20dB; or, if the ambient Lo exceeds the foregoing level then the
ambient Lo becomes the exterior noise level for Standard No. 5.
Ordinance No. 95-1068
Page 3 of 27
(c) By amending subsection B1 of Section 12.08.440 to read:
12.08.440B1. Noise Restrictions at Affected Structures. The contractor shall conduct
construction activities in such manner that the maximum noise levels at the affected
buildings will not exceed those listed in the following schedule:
1. At Residential Structures.
a. Mobile Equipment. Maximum noise levels for non-
scheduled, intermittent, short-term operation of 20 days of less for construction
equipment:
a) Maximum noise levels for non-scheduled, intermittent, short-term operations of
20 days or less for construction equipment:
Single-family Multi-family
Residential Residential
Daily, except Sundays
and legal holidays, 75dBA 80dBA
7:00 a.m. to 8:00 p.m.
Daily, 8:00 p.m. to
7:00 a.m. and all 60dBA 64dBA
day Sunday and
legal holidays
b) Maximum noise level for repetitively scheduled and relatively long-term
operation of 21 days or more for construction equipment:
Single-family Multi-family
Residential Residential
Daily, except Sundays
and legal holidays, 65dBA 70dBA
7:00 a.m. to 8:00 p.m.
Daily, 8:00 p.m. to
7:00 a.m. and all 55dBA 60dBA
day Sunday and
legal holidays
Ordinance No. 95-1068
Page 4 of 27
(d) By amending Section 12.08.460 to read:
12.08.460. Loading and Unloading operations. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials, garbage cans
or similar objects between the hours of 9:00 p.m. and 7:00 a.m. in such a manner as to
cause noise disturbance is prohibited.
(e) By amending subsection C of Section 12.08.570 to read:
12.08.570C. Outdoor Activities. Nonproprietary activities conducted on public
grounds under the direct authority of the public governing body, including, but not
limited to (i) athletic events and (ii) entertainment or cultural events with a concurrent
attendance not in excess of 2,500 persons; and the equivalent of the foregoing
nonproprietary activities when conducted on private school grounds under the direct
authority of the private school governing body;
(f) By amending subsection M.2. of Section 12.08.570 to read:
12.08.570 M.2. Drilling or redrilling or redrilling work which is done in full
compliance with Article IX of the Carson Municipal Code, including Section 9148.2
thereof.
(g) By adding subsection N to Section 12.08.570 to read:
12.08.570.N.. City Construction Activities. All construction activities and operations
undertaken by the City.
(h) By amending Section 12.08.580 to read:
12.08.580. Variance procedures.
A. Variance from the requirements of this Chapter may be granted by the
Planning Commission ("Commission") for a period not to exceed two years, subject to
such terms, conditions and requirements as may be reasonable under the circumstances.
B. Every applicant for a variance shall file with the Director of the Community
Development ("Director") a written application on a form prescribed by the Director.
the application shall state the name and address of the applicant. the nature of the noise
source involved, all actions taken to comply with the provisions of this Chapter, the
reasons why immediate compliance cannot be achieved, a proposed method for
achieving compliance, a proposed time schedule for its accomplishment, and such other
information as the Director may require. The application shall be accompanied by a
fee in the amount established by resolution of the City Council. Upon receipt of said
application and fee, the Director shall refer it with the recommendations thereon within
Ordinance No. 95-1068
Page 5 of 27
sixty (60) days to the Commission for action thereon in accordance with the provisions
of this Chapter.
C. The Commission shall hold a public hearing within 45 days, if possible,
following acceptance of the application. Notice of the hearing shall be given in the
manner prescribed by Section 9172.22.C.
D. After the hearing, the Commission shall, by resolution, render its decision
to approve or disapprove a variance. A variance from the terms of this Chapter may
be granted only if the Commission makes the findings that:
1. Additional time is necessary for the applicant to alter or modify its
activity, operation or noise source to comply with this Chapter; or
2. The activity, operation or noise source cannot feasibly be done in a
manner that would comply with the provisions of this Chapter, and no reasonable
alternative is available to the applicant.
E. In granting a variance, the Comtission may prescribe any conditions or
requirements as may be deemed reasonably necessary to minimize adverse effects upon
the community or the surrounding neighborhood. In this regard, the Commission shall
consider the magnitude of nuisance caused by the offensive noise, the uses of property
within the area of impingement by the noise, operations carried on under existing
nonconforming rights or conditional use permit or zone variances, the time factors
related to study, design, financing and construction of remedial work, the economic
factors related to age and useful life of the equipment, the general public interest,
health and welfare, too feasibility of plans submitted for correction, and the effect on
the community if the variance were refused.
F. Notice of the Commission decision shall be given as provided in Section
9173.32.
G. The decision of the Commission shall become effective and final fifteen (15)
days after the date of its action unless an appeal is filed in accordance with Section
9173.4.
H. An appeal shall be considered by the Council as provided in Section
9173.4, and the fees therefor shall be as specified in Section 9173.9 thereof.
1. After a variance has been granted, the procedure for modification of the
conditions of the variance shall be as set forth in Section 9172.22G.
J. A variance shall become automatically null and void, unless otherwise
provided in this Chapter, or unless extended as provided in subsection K hereof, if any
of the following occurs:
Ordinance No. 95-1068
Page 6 of 27
1. The variance has not been used within the time specified in the
variance or, if the time is not specified, within 180 days of its effective date;
2. Circumstances which terminate the variance pursuant to any
termination provision included as a condition of the variance;
3. The use has been suspended or has ceased to exist for a period of one
year, or has been changed to another use in connection with which the variance is not
required, or the deviation from the regulation which was authorized by the variance has
ceased to exist for a period of one year;
4. Upon a change of ordinance provisions so as to automatically permit
in all respects that which was permitted by variance.
K. The procedure for extension of any variance granted hereunder shall be as
set forth in Section 9172.22H.2.
L. The applicable status of limitations for court actions or proceedings relating
to decisions, proceedings, acts or determinations pursuant to this Chapter shall be as set
forth in Section 9173.5.
(i) By deleting therefrom Sections 12.08.590, 12.08.600, 12.08.610,
12.08.620, 12.08630, 12.08.640, and 12.08.670
Section 2. Violation-Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not more than $ 1,000.00 or be imprisoned in the County Jail
for a period not exceeding six months or by both such fine and imprisonment. Each day
such a violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
Ordinance No. 95-1068
Page 7 of 27
PASSED, APPROVED AND ADOPTED this 1st day of
August , 1995.
MA OR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
ASSISTANT CITY A TORNEY
mg:d2mg-ordin
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council is five; that the foregoing ordinance, being Ordinance No. 95-1068
passed first reading on July 18, 1995, was duly and regularly adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 1st day of August, 1995, and that the same
was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Calas, O'Neal, Fajardo, and Mitoma
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Olaes
City Clerk, City of Carson, Cal=nia
1t.V0.VIV
Ordinance No. 95-1068
'
Chapter 12.08 Page 8 of 27
NOISE CONTROL
Parts:
1. General Provisions
2. Definitions
3. Commmunity Noise Citeria
4. Specific Noise Restrictions
S. Exemptions
6. Variances
7. Violations and Enforcement
Part 1
GENERAL PROVISIONS
Sections:
12.08.010 Title for citation.
12.08.020 Declaration of policy — Nuisances deemed misdemeanors.
12.08.010 Title for citation. The ordinance codified in this chapter may be
cited as the"noise control ordinance of the county of Los Angeles."(Ord. 11778 §2
(Art. I § 101), 1978: Ord. 11773 § 2 (Art. I § 101). 1978.)
12.08.020 Declaration of policy -- Nuisances deemed misdemeanors. A. In
order to control unnecessary, excessive and annoying noise and vibrhon in the
county of Los Angeles. it is declared to be the policy of the county to prohibit such
noise and vibration generated from any sources as specified in this chapter. It shall
be the policy of the county to maintain quiet in those areas which exhibit low noise
levels and to implement programs aimed at reducing noise in those areas within the
county where noise levels are above acceptable values.
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 board of supervisors of the county does 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 nuisance and shall be punishable as such.(Ord. 11778§2(.art. 2 §
201). 1978: Ord. 11773 § 2 (Art. 2 § 201), 1978.)
Part 2
DEFINITIONS
Sections:
12.08.030 Terminology — Conformity with ANSI standards.
12.08.040 Definitions applicable.
12.08.050 Agricultural property.
12-5
. 12.os.o�o
Ordinance No. 95-1068
Page 9 of 27
noise source. In this context. the ambient noise histogram shall constitute the
normal or existing level ofenvironmental noise at a given location.(Ord. 11778§ 2
(Art. 3 § 302(b)). 1978: Ord. 11773 § 2 (Art. 3 § 302(b)). 1978.)
11.08.070 A-weighted sound level. "A-weighted sound level" means the
sound level in decibels as measured on a soundlevel meter using the A weighting
network. The level so read is designated dB (A) or dBA. (Ord. 11778 § 2 (Art. 3 §
302(c)), 1978: Ord. 11773 § 2 (Art. 3 § 302(c)), 1978.)
12.08.080 Commercial property."Commercial property" means a parcel of
real property which is developed and used either in part or in whole for commercial
purposes. In cases o''multiple land uses ofany property, the county zoning classifi-
cation of such property pursuant to county Ordinance 1494, as amended, shall be
applicable. (See Title 22 of this code.) (Ord. 11778 § 2 (An. 3 § 302(d)). 1978: Qtd.
11773 § 2 (An. 3 § 302(d)), 1978.)
11.08.090 Construction. "Construction" means any site preparation.
assembly, erection. substantial repair, alteration, or similar action, for or of public
or private rights-of-way, structures, utilities, or similar property. (Ord. 11778 § 2
(Art. 3 § 302(e)). 1978: Ord. 11773 § 2 (An. 3 § 302(e)). 1978.)
12.08.100 Cumulative period. "Cumulative period" means an additive
period of time composed of individual time segments which may be continuous or
interrupted. (Ord. 11778 § 2 (An. 3 § 302(o). 1978: Ord. 11773 § 2 (An. 3 § 302(o).
1978.)
12.08.110 Decibel."Decibel"means unit for measuring the amplitude ofa
sound,equal to 20 times the logarithm to the base of 10 of the ratio ofthe pressure of
the sound measured to the reference pressure.,k,-hich is 20 micropascals. (Ord.
11778 § 2 (An. 3 § 302(g)). 1978: Ord. 11773 § 2 (An. 3 § 302(g)). 1978.)
12.08.120 Dwelling unit. "Dwelling unit" means a single unit providing
complete independent living facilities for one or more persons. including perma-
nent provisions for living, sleeping,eating, cooking and sanitation. (Ord. 11778§2
(An. 3 § 302(h)). 1978: Ord. 11773 § 2 (Art. 3 § 302(h)). 1978.)
12.08.130 Emergency machinery, vehicle or alarm."Emergency machinery.
vehicle or alarm" means any machinery, vehicle or alarm used, employed, per-
formed or operated 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. (Ord. 11778 § 2 (Art. 3 § 302(i)), 1978: Ord. 11773 (Art. 3 § 302(i)),
1978.)
12.08.140 Emergency work."Emergency work" means any work performed
for the purpose of preventing or alleviating the physical trauma or property damage
threatened or caused by an emergency. (Ord. 11778 §.2 (.art. 3 § 3026)). 1978: Ord.
11773 (An. 3 § 3026)). 1978.)
12.08.150 Fixed noise source. "Fi.xed noise source" means a stationary
device which creates sounds while fixed oraahotionless, including but not limited to
11-7
12.08.030 Ordinance No. 95-1068
Page 10 of 27
12.08.060 Ambient noise histogram.
12.08.070 A-weighted sound level.
12.08.080 Commercial property.
12.08.090 Construction.
12.08.100 Cumulative period.
12.08.110 Decibel.
12.08.120 Dwelling unit.
12.08.130 Emergency machinery, vehicle or alarm.
12.08.140 Emergency work.
12.08.150 Fixed noise source.
12.08.160 Grading.
12.08.170 Health care institution.
i 2.08.180 Heaith officer.
12.08.190 Impulsive noise. {
12.08.200 industrial property.
12.08.210 intrusive noise.
12.08.220 Mobile noise source.
12.08.230 Noise disturbance.
13.08.240 Noise histogram.
2.08.250 Noise level (L.-J.
12.08.260 Noise-sensitive zone.
12.08.270 Noise zone.
12.08.280 Person.
12.08.290 Powered model vehicle.
12.08.300 Public right-of-way.
12.08.310 Pure tone noise.
12.08.320 Real property boundary.
12.08.330 Residential property.
12.08.340 Sound level meter.
12.08.350 Vibration.
12.08.360 Weekday.
12.08.030 Terminology — Conformity with ANSI standards. All termi-
nology used in this chapter. not defined in this Part 2, shall be in conformance with
applicable publications of the American National Standards Institue(ANSI) or its
successor body. (Ord. 11778 § 2 (Art. 3 § 301). 1978: Ord. 11773 § 2 (art. 3 § 301).
1978.)
12.08.040 Definitions applicable. The following words. phrases and terms `
as used in this chapter shall have the meanings as indicated in this Part 2. (Ord.
11778 § 2 (Art. 3 § 302 (part)). 1978: Ord. 11773 § 2 (Art. 3 § 302 (part)). 1978.)
12.08.050 Agricultural property. "Agricultural property" means a parcel of
real property which is undeveloped for any use other than agricultural purposes.
(Ord. 11778 § 2 (Art. 3 § 302(a)). 1978: Ord. 11773 § 2 (art. 3 § 302(a)). 1978.)
12.08.060 Ambient noise histogram."Amtient noise histogram" means the
composite of all noise from sources near and tat°, excluding the alleged intrusive
12.08.150 Ordinance No. 95-1068
Page 11 of 27
residential, agricultural, industrial and commercial machinery and equipment,
pumps. fans, compressors, air conditioners and refrigeration equipment. (Ord.
11778 § 2 (Art. 3 § 302(k)), 1978: Ord. 11713 (Art. 3 § 302(k)). 1978.)
12.08.160 Grading. "Grading" means any excavating or filling of earth
material or any combination thereof conducted at a site to prepare said site for
construction or other im pro ve men ts thereon.(Ord, 11778§2(Art. 3§302(t)), 1978:
Ord. 11773 (Art. 3 § 302(l)). 1978.)
12.08.170 Health care institution. "Health care institution" means any
hospital, convalescent home. or other similar facilities which provide health care,
medical treatment, room, board or other services for the ill, retarded or convales-
cent. (Ord. 11778 § 2 (Art. 3 § 302(m)), 1978: Ord. 11773 (An. 3 § 302(m)), 1978.)
12.08.180 Health officer. "Health officer" means the director of the depart-
ment of health services of the county, or his duly authorized representative. (Ord.
11778 § 2 (Art. 3 § 302(n)), 1978: Ord. 11773 (An. 3 § 302(n)), 1978.)
12.08.190 Impulsive noise."Impulsive noise' means a sound of short dura-
tion, usually less than one second and of high intensity, with an abrupt onset and
rapid decay. (Ord. 11778 § 2 (Art.3 § 302(o)), 1978: Ord. 11773 (Art. 3 § 302 (o)),
1978.)
12.08.200 Industrial property."Industrial property"means property which
is developed and used either in part or in whole for manufacturing purposes. In
casesofmultiple land uses of any property. the county zoning classificat ion-O(such
property pursuant to county Ordinance 1494,as amended, shall be applicable.(See
Title 22 of this code.)(Ord. 11778 § 2 (.art. 3 § 302(p)), 1978: Ord. 1 1773§2(Art. 3 §
302(p)). 1978.)
12.08.210 Intrusive noise. "Intrusive noise' means that alleged offensive
noise which intrudes over and above the existing ambient noise at the receptor
properly. (Ord. 11778 § 2 (.art. 3 § 302(q)), 1978: Ord. 11773 § 2 (Art. 3 § 302(q)),
1978.)
12.08.220 Mobile noise source. "Mobile noise source" means any noise
source other than a fixed noise source. (Ord. 11778 § 2 (An. 3 § 302(r)), 1978: Ord.
11773 § 2 (Art. 3 § 302(r)). 1978.)
12.08.230 Noise disturbance. "Noise disturbance' means an alleged intru-
sive noise which violates an applicable noise standard as set forth in this chapter.
(Ord. 11778 § 2 (.art. 3 § 302(s)). 1978: Ord. 11773 § 2 (An. 3 § 302(s)). 1978.)
L 12.08.240 .Noise histogram."Noise histogram"means a graphical represen-
ion of the distribution of frequency of occurrence of all noise levels near and far
asured over a given period of time. (Ord. 11778 § 2 (Art. 3 § 302(u)). 1978: Ord.
73 § 2 (:art. 3 § 302(u)). 1978.)
12.08.250 Noise level (L�). "Noise levf�1,(L„)" means that noise level
ressed in decibels which exceeds the specifieX(L,j value as a percentage of total
12.08.250
Ordinance No. 95-1068
Page 12 of 27
time measured. For instance. an L;s noise level means that noise level which is
exceeded 25 percent of the time measured. (Ord. 11778 § 2(Art. 3 § 302(v)), 1978:
Ord. 11773 § 2 (Art. 3 § 302(v)). 1978.)
12.08.260 Noise-sensitive zone. "Noise-sensitive zone" means any area
designated pursuant to Part 4 of this chapter for the purpose ofensuring exceptional
quiet. (Ord. 11778 § 2 (Art. 3 § 302(t)), 1978: Ord. 11773§ 2(Art. 3§ 302(t)), 1978.)
12.08.270 Noise zone. "Noise zone" means any defined area or region of a
generally consistent land use, as described in Section 12.08.380. (Ord. 11778 § 2
(Art. 3 § 302(w)), 1978: Ord. 11773 § 2 (Art. 3 § 302(w)), 1978.)
12.08.280 Person. "Person" means any individual, firm, association, part-
nership,joint venture, or corporation. (Ord. 11778§ 2(Art. 3§ 302(x)), 1978: OM.
11773 § 2 (Art. 3 § 302(x)), 1978.)
12.08.290 Poti%ered model vehicle. "Powered model vehicle" means any
self-propelled airborne. waterborne or landborne plane, vessel or vehicle which is
not designed to carry individuals, including but not limited to any model airplane.
boat, car or rocket. (Ord. 11778 § 2 (Art. 3 § 302(y)), 1978: Ord. 11773 § 2(Art.3 §
302(y)), 1978.)
12.08.300 Public right-of-way."Public right-of-way" means any street,ave-
nue, boulevard, highway, sidewalk or alley. or similar place, which is owned or
controlled by a governmental entity. (Ord. 11778 § 2 (Art. 3 § 302(z)), 1978: Ord.
11773 § 2 (Art. 3 § 302(z)), 1978.)_
12.08.320 Pure tone noise. "Puce tone noise" means any sound which can
be judged as audible as a single pitch or a set of single pitches by the health officer.
for the purposes of this chapter, a pure tone 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 5 dB for
center frequencies of 500 Hertz and above, and by 8 dB for center frequencies
between 160and 400 Hertz,and by IS dB for center frequencies less than orequal to
125 Hertz. (Ord. 11778 § 2 (An. 3 § 302(aa)), 1978: Ord. 11773§ 2 (Art. 3§ 302(aa)),
1978.)
12.08.320 Real property boundary. "Real property boundary" means an
imaginary line along the ground surface, and its vertical extension. which separates
the real property owned by one person from that owned by another person. but not
including infra-building real property divisions. (Ord. 11778 § 2 (.art. 3 § 302(bb)).
1978: Ord. 11773 § 2 (.art. 3 § 302(bb)). 1978.)
12.08.330 Residential property. "Residential properly" means 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. In cases of multiple
land uses of any property, the county,.zoning classification of such property pur-
suant to county Ordinance 1494, as amended. shall be applicable. (Ord. 11778 § 2
(Art. 3 § 302(cc)), 1978: Ord. 11773 § 2 (Art! 3 § 302(cc)), 1978.)
12.0$.340 Ordinance No. 95-1068
Page 13 of 27
12.08.340 Sound level meter. "Sound level meter" means an instrument,
including a microphone, an amplifier, an output meter and frequency weighting
network. for the measurement of sound levels, which satisfies the requirements
pertinent for Type S2A meters in American National Standards Institute specifica-
tions for sound level meters, SIA-1971, or the most recent revision thereof. (Ord.
11778 § 2 (Art. 3 § 302(dd)), 1978: Ord. 11773 § 2 (An. 3 § 302(dd)), 1978.)
12.08.350 Vibration. "Vibration" means the minimum ground or,struc-
ture-borne vibrational motion necessary to cause a normal person to be aware of
the vibration by such direct means as, but not limited to, sensation by touch or
visual observations ofmovingobjects.The perception threshold shall be presumed
to be a motion velocity of 0.01 in/sec over the range of t to 100 Hertz.(Ord. 11778§2
(Art. 3. § 302(ee)). 1978: Ord. 11773 § 2 (An. 3 § 302(ee)), 1978.)
12.08.360 Weekday. '•Weekday" means any day. Monday through Friday,
which is not a legal holiday. (Ord. 11778 § 2 (Art. 3 § 302(ff)). 1978: Ord. 11773 § 2
(Art. 3 § 302(ff), 1978.)
Part 3
COMMUNITY NOISE CRITERIA
Sections:
12.08.370 Decibel measurement — Basis.
12.08.380 Noise zones designated.
12.08.390 Exterior noise standards — Citations for violations 1%
authorized when.
12.08.400 Interior noise standards.
13.08.410 Correction for certain types of sounds.
12.08.420 Measurement methods.
12.08.370 Decibel measurement — Basis.Any decibel measurement made
pursuant to the provisions of this chapter shall be based on a reference sound-
pressure of 20 micropascals, as measured with a sound level meter using the A-
weighted network (scale)at slow response, or at the fast response when measuring
impulsive sound levels and vibrations. (Ord. 11778 § 2 (An. 4 § 401). 1978: Ord.
11773 § 2 (An. 4 § 401). 1978.)
12.08.380 Noise zones designated. Receptor properties described here- ,
inafter in this chapter are hereby assigned to the following noise zones:
Noise Zone I = Noise-sensitive area:
Noise Zone 11 — Residential properties:
Noise Zone 111 — Commercial properties:
Noise Zone IV — Industrial properties.
(Ord, 11778 § 2 (An. 4 § 402), 1978: Ord. 11773 § 2 (An. 4 § 402). 1978.)
12.08.390 Exterior noise standards — Citations for violations authorized
when.A. Unless otherwise herein provided,the following exterior noise levelsshall
apply to all receptor properties within a designates noise zone:
12-10
12.08.390
Ordinance No. 95-1068
Page 14 of 27
Noise Designated Noise Exterior
Zone Zone Land Use Time Interval Noise Level
(Receptor property) (dB)
1 Noise-sensitive area Anytime 45
If Residential properties 10:00 pm to 7:00 am 45
(nighttime)
7:00 am to 10:00 pm 50
(daytime)
III Commercial properties 10:00 pm to 7:00 am 55
(nighttime)
1:00 am to 10:00 pm 60
(daytime)
IV Industrial properties Anytime 70
B. Unless otherwise herein provided, no person shall operate orcause to be
operated.any source of sound at any location within the unincorporated county. or
allow the creation of any noise on property owned, leased. occupied or otherwise
controlled by such person which causes the noise level, when measured on any
other property either incorporated or unincorporated, to exceed any of the follow-
ing exterior noise standards:
Standard No. l shall be the exterior noise level which may not be exceeded for
a cumulative period of more than 30 minutes in any hour. Standard No. 1 shall be
the applicable noise level from subsection A of this section: or, if the ambient L50
exceeds the foregoing level, then the ambient L.,0 becomes the exterior noise level
for Standard No. 1. �.
Standard No.2 shall be the exterior noise level which may not be exceeded for
a cumulative period of more than 15 minutes in any hour. Standard No. 2 shall be
the applicable noise level from subsection A of this section plus 5d B: or, if the
ambient L,sexceeds the foregoing level. then the ambient L_,, becomes theexterior
noise levef for Standard No. 2.
Standard No.3 shall be the exterior noise level which may not be exceeded for
a cumulative period of more than five minutes in any hour. Standard No. 3 shall be
the applicable noise level from subsection A of this section plus MO. or, if the
ambient Li l exceeds the foregoing level, then the ambient L,.3 becomes exterior
noise level for Standard No. 3.
Standard No.4 shall be the exterior noise level which may not be exceeded for
a cumulative period of more than one minute in any hour. Standard No. 4 shall be
the applicable noise level from subsection A of this section plus ISdB: or. if the
ambient L, ,exceeds the foregoing level, then the ambient L, ,becomes the exterior
noise level for Standard No.4.
Standard .No.5 shall be the exterior noise level which ma, not be exceeded for
any period of time. Standard No. 5 shall be the applicable noise level from
subsection A of this section plus 2OdB: or, if the ambient L0 exceeds the foregoing
level then the ambient Lo becomes the exterior noise level for Standard No. S.
C. if the measurement location is on a boundary property between two
different zones. the exterior noise level utilized in subsection B or this section to
determine the exterior standard shall be the arithmetic mean of the exterior noise
levels in subsection A of the subject zones..Except as provided for above in this
subsection C. when an intruding noise source brginates on an industrial property
12.08.390 Ordinance No. 95-1068
Page 15 of 27
and is impacting another noise zone, the applicable exterior noise level as desig-
nated in subsection A shall be the daytime exterior noise level for the subject
receptor property.
D. The ambient noise histogram shall be measured at the same location
along the property line utilized in subsection B of this section, with the alleged
intruding noise source inoperative. If for any reason the alleged intruding noise
source cannot be turned off, the ambient noise histogram will be estimated by
performing a measurement in the same general area of the alleged intruding noise
source but at a sufficient distance such that the noise from the alleged intruding
noise source is at least IOdB below the ambient noise histogram in order that only
the actual ambient noise histogram be measured. If the difference between the
ambient noise histogram and the alleged intruding noise source is 5 to 100. then
the level of the ambient noise histogram itself can be reasonably determined by
subtracting a one-decibel correction to account for the contribution of the alleged
intruding noise source.
E. In the event the intrusive exceeds the exterior noise standards as set
forth in subsections B and C of this section at a specific receptor property and the
health officer has reason to believe that this violation at said specific receptor
property was unanticipated and due to abnormal atmospheric conditions, the
health officer shall issue an abatement notice in lieu of a citation. If the specific
violation is abated, no citation shall be issued therefor. If however, the specific
violation is not abated,the health officer may issue a citation.(Ord. 11778§2(Art. 4
§ 403). 1978: Ord. 11773 § 2 (An. 4 § 403). 1978.)
12.08.400 Interior noise standards.A. No person shall operate orcause to be
operated within a dwelling unit, any source of sound. or allow the creation,,pfany
noise, which causes the noise level when measured inside a neighboring receiving
dwelling unit to exceed the following standards:
Standard No. 1 The applicable interior noise level for cumulative period of
more than five minutes in any hour. or
Standard .No. 2 The applicable interior noise level plus 5dB for a cumulative
period of more than one minute in any hour: or
Standard No.3 The applicable interior noise level plus IOdB or the maximum
measured ambient noise level for any period of time.
B. The following interior noise levels for multifamily residential dwellings
shall apply. unless otherwise'specifically indicated. within all such dwellings with
windows in their normal seasonal configuration.
Noise Designated Time AlloAable Interior
Zone Land Use Interval Noise Level (dB)
All Nultifamily 10 pm — 7 am 40
Residentiai 7 am 10 pm 45
C. if the measured ambient noise level reflected by the L50 exceeds that
permissible within any of the interior noise standards in subsection A of Section
12.08.390, the allowable interior noise level shall be increased in 5dB increments in
each standard as appropriate to reflect said ambient noise level(1-50).(Ord. 11778§
2(Art. 4 § 404). 1978: Ord. 11773 § 2 (An. 4 § 40j); 1978.)
12-12
11.08.410
Ordinance No. 95-1068
Page 16 of 27
12.08.410 Correction for certain types of sounds. For any source of sound
which emits a pure tone or impulsive noise, the noise levels as set forth in Sections
12.08.390 and 12.08.400 shall be reduced by five decibels. (Ord. 11778 § 2 (Art. 4 §
405), 1978: Ord. 11773 § 2 (Art. 4 § 405), 1978.)
11.08.410 Measurement methods. A. Utilizing the A-weighting scale of the
sound-level meter and the "slow" meter response (use "fast" response for
impulsive type sounds), the noise level shall be measured at a position or positions
at any point on the receiver's property.
B. In general, the microphone shall be located four to five feet above the
ground: 10 feet or more from the nearest reflective surface. where possible. How-
ever, in those cases where another ele-ation is deemed appropriate, the latter shall
be utilized.
C. interior noise measurements shall be made within the affected residen-
tial unit. The measurements shall be made at a point at least four feet from the wall,
ceiling or floor nearest the noise source, with windows in the normal seasonal
configuration. Calibration of the measurement equipment, utilizing an acoustic
calibrator, shall be performed immediately prior to recording any noise data.(Ord.
11778 § 2 (.art. 4 § 406), 1978: Ord. 11773 § 2 (.art. 4 § 406). 1978.)
Part 4
SPECIFIC NOISE RESTRICTIONS
Sections:
1 2.08.430 acts deemed violations when.
12.08.440 Construcion noise.
12.08.450 Forced-air blowers in tunnel car washes.
12.08.460 Loading and unloading operations.
12.08.470 Noise disturbances in noise-sensitive zones.
12.08.480 Places of public entertainment.
12.08.490 Powered model vehicles.
12.08.500 Emergency signaling devices.
12.08.510 Stationary nonemergency signaling devices.
12.08.520 Refuse collection vehicles.
12.08.530 Residential air-conditioning or refrigeration equipment.
12.08.540 Street sales.
12.08.550 Vehicle or motorboat repairs and testing.
12.08.560 Vibration.
12.08.430 .acts deemed violations H hen. Notwithstanding any other provi-
sions of this chapter. the acts set out in this Part 4, and the causing or permitting
thereof, are declared to be in violation of this chapter. (Ord. 11778 § 2 (.-art. 5 § 501
(part)). 1978: Ord. 11773 § 2 (An. 5 § 501 (pan)). 1978.)
12.08.440 Construction noise.A,Operating or causing the operation of any
tools or equipment used in construction, driliing, repair, alteration or demolition
work between weekday hours of 7:00 p.m. art 7:00 a.m.,or at anytime on Sundays
Ordinance No. 95-1068
12.08.440 Page 17 of 27
or holidays, such that the sound therefrom creates a noise disturbance across a
residential or commercial real-property line, except for emergency work of public
service utilities or by variance•issued by the health officer is prohibited.
B. Noise Restrictions at Affected Structures. The contractor shall conduct
construction activities in such a manner that the maximum noise levels at the
affected buildings will not exceed those listed in the following schedule:
1. At Residential Structures.
a. Mobile Equipment. Maximum noise levels for non-
scheduled, intermittent, short-term operation (less than 10 days) of mobile equip-
ment:
Single-family Nfulti-family Semiresidential/„
Residential Residential Commercial
Daily, except Sundays
and legal holidays. 7:00
a.m. to 8:00 p.m. 75dBA 80d BA 85dBA
Daily, 8:00 p.m, to 7:00
a.m. and all day Sunday
and legal holidays 60d BA 64dBA 70d BA
b. Stationary Equipment. Maximum noise level For repetitively
scheduled and relatively long-term operation (periods of 10 days or more) of
stationary equipment,
Single-family Multi-family Semiresidential/
» Residential Residential Commercial
Daily. except Sundays
and legal holidays, 7:00
a.m. to 8:00 p.m. 60dBA 65dBA 70dBA
Daily, 8:00 p.m. to 7:00
a.m. and all day Sunday
and legal holidays 50dBA 55dBA 60d BA
2. At Business Structures.
a. Mobile equipment. Maximum noise levels for non-
scheduled, intermittent, short-term operation of mobile equipment:
Daily,including Sunday and legal holidays. all hours: maximum of
85dBA.
C. All mobile or stationary internal-combustion-engine poAcred equip-
ment or machinery shall be equipped with suitable exhaust and air-intake silencers
in proper working order.
D. In case of a conflict between this chapter and any other ordinance
regulating construction activities, provisions of any specific ordinance regulating
construction activities shall control. (Ord. 1177 § 2 (An. 5 § 501(c)), 1978: Ord.
11778 § 2 (Art. 5 § 501(c)), 1978.)
12.08.450
Ordinance No. 95-1068
Page 18 of 27
12.08.450 Forced-air blowers in tunnel car Kashes.Operating or permitting
the operation of any forced-air blower in a tunnel car wash between the hours of
7:00 a.m. and 8:00 p.m. in such a manner as to exceed any of the following sound
levels is prohibited:
Units Installed
Before On or After
1-1-80 1-1-80
Measurement Location dB dB
Any point on contiguous receptor property,
Five feet above grade level, no closer than
three feet from any wall
Residential 70 60 Y
Commercial/Industrial 75 65
(Ord. 11778 § 2 (Art. 5 § 501(m)), 1978: Ord. 11773 § 2 (.art. 5 § 50I(m)), 1978.)
12.08.460 Loading and unloading operations.Loading, unloading.opening.
closing or other handling of boxes, crates, containers. building materials, garbage
cans or similar objects between the hours of 10:00 p.m. and 6:00 a.m. in such a
manner as to cause noise disturbance is prohibited. (Ord. 11778§2(Art. 5§ 50((b)).
1978: Ord. 11773 § 2 (Art. 5 § 501(b)), 1978.)
12.08.470 Noise disturbances in noise-sensitive zones. A. Creatkg or caus-
ing the creation of any noise disturbance within any noise-sensitive zone, as
designated by the health officer. is prohibited. provided that conspicuous signs are
displayed indicating the presence of the zone.
B. Noise-sensitive zones must be indicated by the display of conspicuous
signs in at least three separate locations within 164 meters (one-tenth mile) of the
institution or facility. (Ord. 11778 § 2 (Art. 5 § 501(k)). 1978: Ord. 11773 § 2(Art. 5§
501(k)), 1978.)
12.08.480 Places.of public entertainment. Operating. playing or permitting
the operation or playing of any radio, television. phonograph, drum, musical
instrument, sound amplifier or similar device which produces. reproduces or
amplifies sound in any place of public entertainment at a sound level greater than
95dBA, as read by the slow response on a soundlevel meter at any point that is
normally occupied by a customer is prohibited, unless a conspicuous and legible
sign is located outside such place, near each public entrance. stating"W.-%RNING:
SOUND LEVELS WITHIN MAY CAUSE HEARING WPAIRNIENT." (Ord.
11778 § 2 (Art. 5 § 501(0), 1978: Ord. ( 1773 § 2 (.-art. 5 § 501(f)). 1978.)
12.08.490 PoH eredmodel vehicles.Operating or permitting the operation of
powered model vehicles so as to create a noise disturbance across a residential real-
property boundary,or within a noise-sensitive zone between the hours of 8:00 p.m.
and 7:00 a.m. the following day is prohibited. (Ord. 11778§ 2(Art. 5§ 501(g)), 1978:
Ord. 11773 § 2 (Art. 5 § 501(g)) 1978.) Q
12-15
Ordinance No. 95-1068
12.08.500 Page 19 of 27
12.08.500 Emergency signaling devices. A. The intentional sounding or
permitting the sounding outdoors of any emergency signaling device, including
fire, burglar or civil-defense alarm, siren, whistle, or similar stationary emergency
signaling device, except for emergency purposes or for testing, as provided in
subsection 82 below, is prohibited.
B. 1. Testing of a stationary emergency signaling device shall not occur
before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum
cycle test time. In no case shall such test time exceed 60 seconds.
2. Testing of the complete emergency signaling system,including the
functioning of the signaling device, and the personnel response to the signaling
device, shall not occur more than once in each calendar month. Such testing shall
not occur before 7:00 a.m.or after 10:00 p.m. The time limit specified in subsection
131 above shall not apply to such complete-system testing.
C. Sounding or permitting the sounding of any exterior burglar or fire
alarm. or any motor-vehicle burglar alarm is prohibited, unless such alarm is
terminated within 15 minutes of activation. (Ord. 11778 § 2 (Art. 5 § 501(i)). 1978:
Ord. 11773 § 2 (Art. 5 § 501(i)). 1978.)
12.08.510 Stationary nonemergency signaling devices. A. Sounding or per-
mitting the sounding of any electronically amplified signal from any stationary bell.
chime, siren, whistle, or similar device intended primarily for nonemergency
purposes, from any place, for more than 10 consecutive seconds in any hourly
period is prohibited.
B. Houses of religious worship shall be exempt for the operation of this
provision.
C. Sound sources covered by this provision and not exempted under
subsection B may be exempted by a variance issued by the health officer. (Ord.
11778 § 2 (Art. 5 § 501(h)). 1978: Ord.'11773 § 2( An. 5 § 501(h)). 1978.)
12.08.520 Refuse collection vehicles. A. On or-after three years following
August 17, 1978. the effective date of the ordinance codified in this chapter.
operating or permitting the operation of the compacting mechanism of any motor
vehicle which compacts refuse and which creates, during the compacting cycle. a
sound level in excess of 86dBA when measured at 50 feet from any point of the
vehicle is prohibited.
B. Operating or permitting the operation of the compacting mechanism of
any motor vehicle which cori pacts refuse between the hours of 10:00 p.m. and 6:00
a.m. the following day in a residential area or noise-sensitive zone, or within 500
feet thereof is prohibited.
C. Collecting refuse with collection vehicle between the hours of 10:00 p.m.
and 6:00 a.m. the following day in a residential area or noise-sensitive zone or
within 500 feet thereof.
D. In the case of conflict between this chapter and any other ordinance
regulating refuse collection, provisions of any specific ordinance regulating refuse
collection shall control. (Ord. 11778§2(An. 5§ 5010)). 1978:Ord. 11773§'_(.fin. 5§
5010)). 1978.)
12.08.530 Residential airconditioning or refrigeration equipment. P_.
Operating or permitting the operation of,any airconditioning or refrigeration
equipment in such a manner as to exceed any.of the following sound levels is
prohibited. 8
12.16
12.08.530
ordinance No. 95-1068
Page 20 of 27
Units Installed Units Installed
Before On or After
1.1-80 1-1-80
;Measurement Location dBA dBA
Any point on neighboring property line. 5
feet above grade level, no closer than 3 feet
from any wall. 60 55
Center of neighboring patio. 5 feet above
grade level, no closer than 3 feet from any
wall. 55 50
Outside the neighboring living area window
nearest the equipment location. not more
than 3 feet from the window opening, but at
least 3 feet from any other surface. 55 50
(Ord. 11778 § 2 (Art. 5 § 5010)). 1978: Ord. 11773 § 2 (Art. 5 § 501(1)), 1978.)
12.08.540 Street sales. Offering for sale, selling anything, or advertising by
shouting or outcry within any residential or commercial area or noise-sensitive
zone of the unincorporated areas of the county is prohibited except by variance
issued by the health officer. The provisions of this section shall not be construed to
prohibit the selling by outcry of merchandise, food and beverages at licensed
sporting events. parades, fairs,circuses, or other similar licensed public-entertain-
ment events.(Ord. 11778§ 2 (An 5 § 501(a)), 1978: Ord. 11773§ 2 (Art.. ,§ 501(x)),
1978.)
12.08.550 Vehicle or motorboat repairs and testing. Repairing. rebuilding.
modifyingor testingany motor vehicle, motorcycle'or motorboat in such a manner
as to cause a noise disturbance across a real-property boundary or within a noise-
sensitive zone is prohibited. (Ord. 11778 § 2 (Art. 5 § 501(e)). 1978: Ord. 11773 § 2
(Art. 5 § 501(e)). 1978.)
12.08.560 Vibration. Operating or permitting the operation of any device
that creates vibration which is above the vibration perception threshold of any
individual at or beyond the properly boundary of the source ifon private properly.
or at 150 feet(46 meters) from the source ifon a public space or public right-of-way
is prohibited. The perception threshold shall be a motion velocity of 0.01 in/sec
over the range of 1 to 100 Hertz.(Ord. 11778§2(An. 5§501(d)). 1978: Ord. 11773§2
(Art. 5 § 501(d)). 1978.)
Part 5
EXEMPTIONS
Sections:
12.08.570 Activities exempt from chapter restrictions.
12.08.570 Activities exempt from chapter restrictions. The following
activities set out in this chapter shall be exppted from the provisions of this
chapter.
Ordinance No. 95-1068
12.08.370 Page 21 of 27
A. Emergency Exemption. The emission of sound for the purpose of alert-
ing persons to the existence of an emergency. or the emission of sound in the
performance of emergency work;
B. Warning Devices. Warning devices necessary for the protection of pub-
lic safety. as for example police, fire and ambulance sirens, and train horns;
C. Outdoor Activities. Activities conducted on public playgrounds and
public or private school grounds, including but not limited to school athletic and
school entertainment events:
D. Exemption from Exterior Noise Standards. The following activities are
exclusively regulated by the prohibitions of Part 4 of this chapter.
I. Construction.
2. Stationary nonemergency signaling devices,
3. Emergency signaling devices. sE
4. Refuse collection vehicles,
5. Residential air-conditioning or refrigeration equipment.
6. Forced-air blowers.
E. Motion Picture Production and Related Activities:
F. Railroad Activities. All locomotives and rail cars operated by any
railroad which is regulated by the California Public Utilities Commission:
G. Federal or State Preexempted Activities. Any activity, to the extent
regulation thereof has been preempted by state or federal law:
H. Public Health and Safety Activities. All transportation. flood control,
and utility company maintenance and construction operations at any time on
public right-of--way,and those situations which may occur on private real prWerly
deemed necessary to serve the best interest of the public and to protect the public's
health and well being. including but not limited to street sweeping, debris and limb
removal, removal of downed wires, restoring electrical service. repairing traffic
signals, unplugging sewers. snow removal, house moving, vacuuming catchbasins,
removal of damaged poles and vehicles, repair of water hydrants and mains, gas
lines, oil lines, sewers, etc.:
I. Motor Vehicles on Private Right-of-way and Private Property. Except as
provided in Section 12.08.350, all legal vehicles of transportation operating in a
legal manner in accordance with local. state and federal vehicle-noise regulations
within the public right-of-way or air space, or on private property:
J. Seismic Surveys Authorized by the State Land Commission;
K. Agricultural Operations. All mechanical devices. apparatus or equiv-
alent associated with agricultural operations conducted on agricultural properly,
unless if in the vicinity of residential land uses, in which case a variance permit is
required to operate noise-producing devices, with the following stipulations:
1. Operations do not take place between 8:00 p.m. and 6:00 a.m..or
2. Such operations and equipment are utilized for the protection or
salvage of agricultural crops during periods of potential or actual frost damage or
other adverse weather conditions, or
I Such operations and equipment are associated with agricultural
pest-control through pesticide application.,provided the application is made in
accordance with permits issued by or regulations enforced by the county agri-
cultural commissioner.
11.08.570
Ordinance No. 95-1068
Page 22 of 27
4. Such devices utilized for pest control which incorporate stationary
or mobile noise sources (electro-mechanical birdscare devices, etc.) are operated
only by permit issued by the health officer. The allowable hours and days for
operation of these devices will be specified in the permit.
5. All equipment and machinery powered by internal combustion
engines shall be equipped with a proper muffler and air-intake silencer in good
working order.
L. Minor Maintenance to Residential Real Property. Noise sources associ-
ated with the minor maintenance of residential real property, provided said
activities take place between the hours of 7:00 a.m. and 8:00 p.m.on any day except
Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday;
M. Operation of Oil and Gas Wells.
1. Normal well servicing, remedial or maintenance work performed
within an existing well which does not involve drilling or redrilling and which is
restricted to the hours between 7:00 a.m. and 10:00 p.m., and
2. Drilling or redrilling work which is done in full compliance with
the conditions of permits issued under Chapter 5. Article I,of the County Zoning
Ordinance, as amended. as set out in Title 22 of this code. (Ord. 11778 § 2(art. 6 §
601). 1978: Ord. 11773 § 2 (.art. 6 § 601). 1978.)
Part 6
VARIANCES
Sections:
12.08.580 Conditions for granting variances — Health officer authority.
12.08.590 application — Contents.
12.08.600 .application — Fee.
12.08.610 application — action by health officer.
12.08.620 application — Denial conditions.
12.08.630 Public hearing — For reconsideration of health officer
decision.
12.08.640 Public hearing -- Decision and findings — Appeals.
12.08.580 Conditions for granting variances — Health officer authority. A.
Variances from the requirements of this chapter may be granted by the health
officer fora period of not to exceed two years. subject to such terms.conditions and
requirements as he may deem reasonable. A variance may be granted only if the
health officer makes the findings that:
1. additional time is necessary for the applicant to alter or modify his
activity. operation or noise source to comply with this chapter: or
2. The activity.operation or noise source cannot feasibly be done in a
manner that would comply with the provisions of this chapter. and no other
reasonable alternative is available to the applicant.
B. Ingrantinga variance, the health oflicermay prescribe any conditions or
requirements hedeems necessary to minimize adverse effects upon thecommunity
or the surrounding neighborhood.
12-19
Ordinance No. 95-1068
12.08.580 Page 23 of 27
C. In granting variances, the health officer shall consider the magnitude of
nuisance caused by the offensive noise. the uses of properly within the area of
impingement by the noise, operations carried on under existing nonconforming
rights or conditional use permits or zone variances, the time factors related to
study. design, financing and construction of remedial work, the economic factors
related to age and useful life of the equipment, the general public interest, health
and welfare. the feasibility of plans submitted for correction, and the effect on the
community if the variance was refused. (Ord. 11778 § 2 (Art. 7 § 701), 1978: Ord.
11773 § 2 (Art. 7 § 701), 1978.)
12.08.590 Application — Contents. Every applicant for a variance shall file
with the health officer a written application on a form prescribed by the health
officer. The application shall state the name and address ofthe applicant, the nature
of the noise source involved. and such other information as the health officer may
require. (Ord. 11778 § 2 (An. 7 § 702), 1978: Ord. 11773 § 2 (An. 7 §"702), 1978.)
12.08.600 Application — Fee. Every applicant shall pay a fee of 525.00 for
each application for variance. (Ord. 11778 § 2 (Art. 7 § 703), 1978: Ord. 11773 § 2
(Art. 7 § 703), 1978.)
12.08.610 Application—Action by health officer.A.The health officer shall
act,within 30 days, if possible,on an application for a variance,and shall notify the
applicant of the action taken, namely, approval, conditional approval, or denial.
Before acting on an application for a variance, the health officer may require the
applicant to furnish further information. Failure of the applicant to provide;such
further information may be grounds for denial of the variance. )K
B. In the event of denial ofan application for a variance. the health officer
shall notify the applicant in writing of the reasons therefor The health officer shall
not accept a further application unless the applicant has complied with the objec-
tions specified by the health officer as his reasons for denial.(Ord. 11778§2(Art. 7§
704). 1978: Ord. 11773 § 2 (Art. 7 § 704), 1978.)
12.08.620 Application — Denial conditions. The applicant may at his
option deem the variance denied if the health officer fails to act on the application
within 30 days after filing or within 10 days after applicant furnishes the further
information requested by the health officer, whichever is later.(Ord. 11778§ 2(Art.
7 § 705), 1978: Ord. 11773 § 2 (Art. 7 § 705), 1978.)
12.08.630 Public hearing — For reconsideration of health officer decision.
Within 10 days after notice by the health officer of the decision on application for
variance. any interested party may petition the health officer in writing for a public
hearing to reconsider the decision. The health officer shall thereupon appoint a
hearing officer to conduct said hearing. (Ord. 11778 § 2 (An. 7 § 706). 1978: Ord.
11773 § 2 (An. 7 § 706). 1978.)
12.08.640 Public hearing—Decision and findings"Appeals.A. Based upon
the evidence presented at the public hearing, the hearing officer may affirm, modify
or reverse the previous determination subject to such terms, conditions and
requirements as he may deem necessary. The hearing officer shall be guided by the
same considerations as set forth in Section 12.0.580.
12.08.640
` Ordinance No. 95-1068
Page 24 of 27
B. A decision by the hearing officer to grant a variance maybe made only if
the hearing officer makes the findings that:
I. Additional time is necessary for the applicant to alteror modify his
activity. operation or noise source to comply with this chapter: or
2. The activity.operation or noise source cannot feasibly be done in a
manner that would comply with the provisions of this chapter. and no other
reasonable alternative is available to the applicant.
C. The decision of the hearing officer shall be by written order.and shall be
final. Appeals from an adverse decision shall be made to a court of competent
jurisdiction.(Ord. 11778§2(Art. 7§ 707). 1978:Ord. 11773§2(Art. 7 § 707). )978.)
Part 7
VIOLATIONS AND ENFORCEMENT
Sections:
12.08.650 Enforcement — Health officer powers and duties.
12.08.660 Initial violations.
12.08.670 Violation — Penalty.
12.08.680 Severability.
12.08.650 Enforcement — Health officer powers and duties. The health
officer shall have primary responsibility for the enforcement of the noise regula-
tions contained in this chapter. The health officer shall make all noise-level mea-
surements required for the enforcement of this chapter. Nothing in th'i's chapter
shall prevent the health officer from efforts to obtain voluntary compliance by way
of warning. notice. or educational means. (Ord. 11778 § 2 (.art. 8 § 801), 1978: Ord.
11773 § 2 (.art. 8 § 801). 1978.)
12.08.660 Initial violations. In the event of an initial violation of the provi-
sions of this chapter a written notice of violation shall be given the alleged violator.
specifying the time by which the condition shall be corrected or an application for
permit or variance shall be received by the health officer. The health officer shall
take no further action in the event the cause of the violation has been removed. the
condition abated or fully corrected within the time period specified in the written
notice. (Ord. 11778 § 2 (.art. 8 § 802). 1978: Ord. 11773 § 2 (Art. 8 § 802). 1978.)
12.08.670 Violation — Penalty. Any person violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and. upon conviction
thereof. shall be punished by a fine of not more than 5500.00 or be imprisoned in
the County Jail for a period not exceeding six months or by both such fine and
imprisonment. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such. (Ord. 11778 § 2
(.art. 8 § 803). 1978: Ord. 11773 § 2 (art. 8 § 803. 1978.)
12.08.680 Severability. If any ,provision, clause, sentence or paragraph of
this chapter or the application thereof to any.person or circumstances shall be held
invalid, such invalidity shall not affect the Other provisions or application of the
I�.�I
ordinance No. 95-1068
12.08.680 Page 25 of 27
provisions of this chapter which can be given effect without the invalid provisions
or application and. to this end. the provisions of this chapter are hereby declared to
be severable.(Ord. 11778§2(Art. 8 § 804). 1978:Ord. 11773§2(An. 8§804). 1978.)
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12.12.010
` Ordinance No. 95-1068
Page 26 of 27
Chapter 12.12
BUILDING CONSTRUCTION ,NOISE
Sections:
12. 12.010 Definitions.
12.12.020 References to provisions.
12.12.030 Construction noise prohibited when.
12.12.040 Exemptions — Certain zoned areas.
12. 12.050 Exemptions — Work performed with county engineer's
permission.
12.12.060 Exemptions — Work by public utilities — Conditions.
12.12.070 Exemptions — Emergency work — Permit requirements.
12.12.080 Appeals from county engineer's decision.
12.12.090 Violation — Penalty,
12.12.100 Severability.
12.12.010 Definitions. A. "Board" means the board of supervisors of the
couniv of Los Angeles.
B. "Person" means an individual, partnership, firm or corporation.
C. "Section" means a section of the ordinance codified in this chapter.
(Ord. 8594 §§ 1. 2 and 3. 1964.)
12.12.020 References to provisions. Whenever any reference is made to the
ordinance codified in this chapter or any other ordinance. or to any statute, such
reference shall apply to all amendments and additions thereto now or hereafter
made. (Ord. 8594 § 4. 1964.) 1*
12.12.030 Construction noise prohibited when. Except as otherwise pro-
vided in this chapter. a person. on any Sunda%. or,at any other time between the
hours of 8:00 p.m. and 6:30 a.m. the following day, shall not perform any construc-
tion or repair work ofany kind upon any building or structure.or perform any earth
excavating, filling or moving. where any of the foregoing entails the use of any air
compressors:jackhammers: power-driven drill: riveting machine: excavator. die-
sel-powered truck. tractor or other earth moving equipment: hand hammers on
steel or iron, or any other machine. tool. device or equipment which makes loud
noises to the disturbance of persons occup%ing steeping quarters in a dwelling.
apartment, hotel, mobilehome, or other place of residence. (Ord. 9818 § 1. 1969:
Ord. 8594 § 6. 1964.)
12.12.040 Exemptions — Certain zoned areas.The provisions of this chap-
ter do not apply in any territory which is in a zone in which the Zoning Ordinance.
codified in Title 22 of this code. prohibits any residential use and which is not less
than 500 feet from any territory in any residential zone as defined in Section 201 of
Ordinance 1494, or anv territory in a residential zone in an,,. city. (Ord. 8594 § 11.
1964.)
12.12.050 Exemptions --- Work performed with county engineer's permis-
sion. The provisions of Section 12.1,2.030 do do not apply to any person who
performs the construction, repair. excavation or eanhmoving work involved pur-
suant to the express written permission ofthe county engineer to perform such
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Ordinance No. 95-1068
Page 27 of 27
work at times prohibited in Section 12.12.030. Upon receipt of an application in
writing therefor. stating the reasons for the request and the facts upon which such
reasons are based. the county engineer may grant such permission if he finds that:
A. The work proposed to be done is effected with a public interest: or
B. Hardship or injustice, or unreasonable delay, would result from the
interruption thereof during the hours and days specified in Section 12.12.030: or
C. The building or structure involved is devoted or intended to be devoted
to a use immediately incident to public defense.(Ord. 9818§ 2, 1969:Ord. 8594§ 7,
1964.)
12.12.060 Exemptions—Work by public utilities—Conditions.The provi-
sions of Section 12.12.030 do not apply to the construction, repair or excavation by
a public utility which is subject to the jurisdiction of the Public Utilities Commis-
sion as may be necessary for the preservation of life or property, and where such
necessity makes it necessary to construct. repair or excavate during the prohibited 'w
hours. (Ord. 8594 § 10. 1964.)
12.12.070 Exemptions — Emergency Aork — Permit requirements. The
provisions of Section 12.12.030 do not apply to such construction, repair or excava-
tion during prohibited hours as may be necessary for the preservation of life or
properly when such necessity arises during such hours as the offices of the county
are closed or where such necessity requires immediate action prior to the time at
which it would be possible to obtain a permit pursuant to Section 12.12.050, if the
person doing such construction. repair or excavation obtains a permit therefor
within one dayaftertheofficesofthe county,engineer are firstopened subsequent to
the making of such construction, repair or excavation. (Ord. 8594 § 9, 1964.)'
12.12.080 Appeals from county engineer's decision.Any person dissatisfied
with the decision of the county engineer may appeal to the business license
commission as provided in Ordinance 5860, on business licenses, set out at Title 7
ofthiscode. including theappointment ofand referencetoa referee,as in thecase of
a notification by the tax collector that he intends to deny a license. (Ord. 9849§ 1.
1969: Ord. 8594 § 8. 1964.)
12.12.090 Violation — Penalty. Any person violating any provision of this
chapter is guilty ofa misdemeanor punishable by fineofnot more than S500.00or
by imprisonment in the Courity Jail for not more than six months,or by both such
fine and imprisonment. Every such person is guilty of a separate offense for every
day during any portion of which any violation or any of the provisions of this
chapter is committed, continued or permitted by such person. and shall be
punished as provided by this chapter. (Ord. 8594 § 12. 1964.)
12.12.100 Severability. If any provision of the ordinance codified in this
chapteror the application thereofto any person or circumstance is held invalid. the
remainder of the ordinance. and the application of such provision to other persons
or circumstances, shall not be affected thereby. (Ord. 8594 § 5. 1964.)
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