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Home My Public Portal AboutOrdinance 76-438ORDINANCE NO. 76 -438 AN ORDINANCE OF THE CITY OF.TEMPLE CITY ADDING PART VIII A TO THE TEMPLE CITY ZONING CODE RELATING TO A NOISE ORDINANCE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. The City Council of the City of Temple City does hereby find, determine, and declare: (a) That the Planning Commission has heretofore determined that.it is in the public interest, convenience, and necessity to add the hereinafter specified provisions relating to the control of noise to the Temple City Zoning Code; (b) That the.existing provisions of the Temple City Zoning Code do not so provide; and (c) That the public interest, convenience, and necessity require the amendment of the Temple City Zoning Code in the manner hereinafter set forth. SECTION 2. That new Part VIII A, consisting of new Sections 9280 through 9284 are hereby added to the Temple City Zoning Code, to read as follows: PART VIII A REGULATION OF EXCESS.IVE NOISE I. GENERAL PROVISIONS Section 9280. DECLARATION OF POLICY. It is hereby declared to be the policy of the City to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental to the health and welfare of the citizenry, and, in the public interest, such noise levels shall be systematically proscribed. Section 9280.1. DEFINITIONS. Unless the context otherwise clearlyYindicates, the words and phrases used in this chapter are defined -as follows: (a) . A- ,Weighted' Sound- Pressure Level. "A- Weighted Sound Pressure Level'.' shall. mean the sound pressure level as measured with a sound meter using the A- weighting network. The standard - notation is dBA. (b) Cyclically Varying Sound. "Cyclically Varying Sound" shall mean and include steady or non - teady sound which varies in amplitude such that the same sound pressure level is obtained repetitively at reasonably uniform intervals of time... (c) 'Day.:. "Day" shall mean the time period from 7:00 a.m. to 10:00 p.m. (d) Decibel. "Decibe'l" shall mean a unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of a standard sound (.002 microbars). The standard notation is dB. (e) Emergency Work. "Emergency Work" shall mean work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or pro- perty from an imminent exposure to danger, or work by public or private utilities to restore utility service. -1- Ordinance No. 76 -438 (f) Impulsive Noise, "Impulsive Noise" shall mean and include any noise which is composed of momentary noises that are repeated at sufficiently slow rates, such that a sound level meter set at "fast" meter characteristic will show changes.. in sound pressure level greater than 10 dBA. (g) Night. "Night" shall mean the time period from 10:00 p.m. to 7:00 a.m. (h) Person.. "Person" shall mean a person, firm, association, co- partnership,, joint venture, corporation, or any entity, public or private in nature. (i) Property Boundary. "Property Boundary" shall mean 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. (j)-;Pure -Tone. "Pure Tone" shall mean a sound wave whose instantaneous sound pressure varies essentially as a simple sinysoidal function of time. (k) Sound. "Sound" shall mean the sensation perceived by the seni-J—T5T hearing. For the purpose of this ordinance, the term "sound ".and "noise" shall be used synonymously. (1) Sound Amplifying Equipment. "Sound Amplifying Equip - ment" shall mean any machine or device for the amplification of the human voice, music, or any other sound, but shall not include: 1. Warning devices or emergency vehicles. 2. Horns, burglar and fire alarms, or other warning devices expressly authorized by law. (m) Sound Level. "Sound Level" shall mean the decibel level of a sound measured by use of the "A" weight scale, and with slow response by a sound level meter. (n) Sound Level Meter. "Sound Level Meter" shall mean a measurement instrument containing a microphone, an amplifier, an output meter, and an "A" frequency weighting networks for the measurement of sound levels, which satisfies the pertinent requirements, in American Specifications for Sound Level Meters S -4 -971, or the most recent revision thereof. Section 9280.2. SOUND LEVEL MEASUREMENTS. Any sound level measurement pursuant to the provisions of this ordinance shall be measured with a sound level meter using the A- weighting and response as indicated in Section 9280.1 (n) hereof. II. DECIBEL LIMITS Section 9281. NOISE. (a) 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 within the designated region, in excess of the following levels, except as expressly provided otherwise or exempted hereinafter: -2- 1 1 Ordinance No. 76 -438 Zone Day Nig t 7:00 a.m. too 10:00 p.m.. to 10 :00 p.m. 7:00 a.m. Residential Zone Commercial Zone Industrial Zone 57 dBA 66 dBA 72 dBA 51 dBA 60 dBA 72 dBA At the boundary line between two of the above zones, or on the property receiving the noise level of the quieter zone shall be used. (b) Corrections to Noise Limits. The numerical limits given in Section 9281(a) shall be adjusted by the following corrections, where appropriate: Noise Condition Correction (in dB) 1. Impulsive sounds, pure tone or sounds with a cyclically varying amplitude -6 (The following corrections apply to day only) 2. Noise occurring more than 5 but less than 15 minutes per hour +6 3. Noise occurring more than 1 but less than 5 minutes per hour Noise occurring less than 1 minute per hour III. SPECIAL NOISE SOURCES +9 +12 Section 9282. RADIOS, TELEVISION SETS, AND SIMILAR DEVICES. Any noise level from the' use-or operation of any radio receiving aet;_mus, cal instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound between 10:00 p.m. and 7:00 a.m., which exceeds the noise limit at the pro- perty line or any receiving property, or, if a condominium, within any condominium unit within the complex, by more than six (6) decibels shall be a violation of the provisions of this Part. Section 9282.1. AMPLIFIED SOUND. The use of loudspeakers or sound amplifying equipment in the City which exceeds the noise limits as set forth in Section 9281, at any property line, or, if a con- dominium unit, within any condominium unit within the complex, shall be in violation of this Part. IV. GENERAL LIMITS Section 9283> EXCESSIVE NOISE PROHIBITED. It shall be unlawful for any person to willfully make or continue, or willfully cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or constitutes a public nuisance. Section 9283.1. STANDARDS. The standards which may be considered in determining whether a violation of the provision of this chapter exists shall include, but not be limited to the following: -3- Ordinance No. 76 -438 (a) The loudness of the noise; (b) The intensity of the noise; (c) The purpose for which the uoise..is produced; (d) Whether the nature of the noise is usual... or unusual; (e) Whether the origin of the noise is natural or unnatural; (f) The loudness and intensity of the background noise, if any; (g) The proximity of the noise to residential sleeping facilities; (h) The nature and zoning of the area within which the-noise emanates; (i) The time of the day or night the noise occurs; (j) The duration of the noise; (k) The density of the inhabitation of the area within which the noise- emanates; (1) Whether the-noise is recurrent, intermittent, or continuous; and (m) Whether the noise is produced by a residential or non- residential activity. V. EXCLUSIONS Section 92840_ THE.,PROVISIONS OF THIS PART SHALL NOT APPLY TO: (a) Sound produced by motor vehicles as regulated by sound limitation previsions of the California Vehicle Code when such °. vehicle is located or operated: on any public street, ::.right -of -way or highway; CO Aircraft operated' in conformity with Federal law; (c) 'Activities of the federal, state, or local govern- ment while' performing - governmental activities; (d) Public'' and Private-schools; organized activities including sports, carnivals, assemblies, and other related activities by the. City; (e) Construction operation, maintenance, and repairs of equipment, apparatus, or facilities of Parks and Recreation Department, Public Works projects, or essential public services and facilities, including those of Public Utilities . subject to the regulatoryr.jurisdiction of the California Public Utilities Commission; (f) Any activity as to which the City Council or Planning Commission has issued an exception based on hardship, or to execute phase -in requirements; (g) Involuntary noises; -4- Ordinance No. 76 -438 (h) Noise as to which there is specific consent from all affected persons; (i) Isolated singular noises (not exceeding two seconds) not repeated within 60 minutes; (j) Matters pre - empted by state or federal law; (k) Matters involving the reasonable exercise of constitutional guarantees unless outweighed by compelling governmental interests or appropriate exercise of the police power. (1) Emergency work - as defined under 9280.1(e). SECTION 3. The City Clerk of the City of Temple City shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published in the Temple City Times, a newspaper of general circulation, printed, published and circulated in the City of Temple City. APPROVED and ADOPTED this 21st day of September , 1976. MAYOR ATTEST: WCh'.ef Deputy City Clerk 12,A , , I, Chief Deputy City Clerk, City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 76 -438, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 7th day of September , 1976, and was duly passed, approved and adopted by the City Clerk at a regular meeting of the said City Council held on the 21st day of September, 1976, by the following vote: AYES; Councilmen- Dennis, Gilbertson, Merritt, Greenberg NOES: Councilmen- None ABSENT: Councilmen- Tyrell V.-Lec_C-((Y Ch'ef Deputy City Clerk