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Home My Public Portal AboutOrdinance 838ORDINANCE NO. 838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ESTABLISHING A NOISE ORDINANCE AND ADDING CHAPTER 9.02 TO THE BEAUMONT MUNICIPAL CODE The City Council of the City of Beaumont does hereby ordain as follows: Section 1: Title This Ordinance shall be known as the "Beaumont Noise Ordinance." Section 2: Findings A. The making, creation or maintenance ofloud, unnecessary, unnatural or unusual noise which is prolonged, unusual and unnatural in its time, place and use, are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City and shall constitute a public nuisance; and B. The necessity for the provisions and prohibitions hereinafter contained and enacted is hereby declared a matter of legislative determination and public policy. It is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and the peace and quiet of the City. Section 3: Addition of Chapter 9.02 to the Beaumont Municipal Code A. Chapter 9.02 is hereby added to the Beaumont Municipal Code based upon the findings and for the purposes stated in Section 2. B. Publication This Ordinance shall be published once within fifteen (15) days after it's adoption in "The Record -Gazette," a newspaper of general circulation in the City of Beaumont, and shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption. INTRODUCED at a regular meeting of the City Council of the City of Beaumont on February 18, 2003. ADOPTED at a regular meeting of the City Council of the City of Beaumont on March 4, 2003, by the following vote: Ordinance No. 838 AYES: copneil Members Fox, Dressel, Berg, Valdivia NOES: None ABSENT: Mayor Deforge ABSTAIN: None BRIAN DEFOIj, MAYOR ATTEST: CHAPTER 9.02 - NOISE 9.02.010 Purpose 9.02.020 Findings 9.02.030 Definitions 9.02.040 Base ambient noise level 9.02.050 Exterior noise level measurement 9.02.060 Maximum residential noise levels 9.02.070 Noise from construction, landscape maintenance or repair 9.02.080 Application between zones 9.02.090 Penalty 9.02.100 Severability Section 9.02.010 Purpose The purpose of this chapter is to establish criteria and standards for the regulation of noise levels within the City and to implement the noise provisions contained in the City's General Plan. Section 9.02.020 findings The City Council hereby finds and declares: (a) The making, creation or maintenance of loud, unnecessary, unnatural or unusual noise which is prolonged, unusual and unnatural in its time, place and use, are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City and shall constitute a public nuisance; and The necessity for the provisions and prohibitions hereinafter contained and enacted is hereby declared a matter of legislative determination and public policy. It is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and the peace and quiet of the City. (b) Section 9.02.030 Definitions (a) "Ambient noise" shall mean the all-encompassing noise level, associated with a given environment, being a composite of sounds from all sources, excluding any intrusive noise. (b) "City Manager" shall mean the City Manager of the City of Beaumont, California and his or her authorized agents, assistants, deputies or representatives. (c) "Commercial purpose" shall mean the use, operation or maintenance of any sound- amplifying equipment for the purposes of advertising any business, goods or services and/or for the purpose of advertising or attracting the attention of the public to or soliciting patronage for any performance, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment. (d) "Cumulative time period" shall mean a period of time composed of individual time segments which may be continuous or interrupted. (e) "Decibel (dB)" shall mean a measurement unit of sound pressure level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. (f) "Impact noise" shall mean the sound produced by the impact or collision of one moving object or mass with a second object or mass that is stationary or moving. (g) "Intrusive noise" shall mean a sound which intrudes over and above the existing ambient noise level at a given location. (h) "Motor-driven vehicle" shall include, but not limited to, any automobile, trick, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road. (i) "Noise" shall mean any sound that is loud or disturbing or that interferes with one's ability to hear some other sound. (j) "Noise level" shall mean the "A" weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A). (k) "Person" shall mean an individual, finn, association, copartnership, joint venture, corporation or any entity, public or private in nature. (1) "Simple tone noise" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. (m) "Sound pressure level of a sound, in decibels" shall mean twenty times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated. Section 9.02.040 Base ambient noise level The following ambient noise levels are hereby established as outdoor base ambient noise levels (BANL) within the respective times and zoning districts: BANL (in Decibels) 55 dB(A) 65 dB(A) 70 dB(A) Time 10:00 p.m. - 7:00 a.m. 7:00 a.m. - 10:00 p.m. Anytime Zoning District Residential Residential Industrial and Commercial Actual decibel measurements exceeding the base ambient noise levels shall be subject to regulation under this Chapter. The "Zoning District" shall mean the land uses set forth on the City's adopted Zoning Map. Section 9.02.050 Exterior noise level measurement For purposes of enforcing the provisions of this Chapter, all noise measurements shall be made at the point closest to the source of the noise at the property line of the complaining party. Section 9.02.060 Maximum residential noise levels Except as otherwise provided for in this Chapter, no noise shall exceed the following levels for the duration periods specified: Noise Level Exceeded 5 dB(A) above BANL 10 dB(A) above BANL 15 dB(A) above BANL 20 dB(A) above BANL Section 9.02.070 Maximum Duration Per 24 Hours 2 hours 1 hour 30 minutes Not permitted Noise from Construction and Landscape Maintenance (a) Except as provided for in subsections (b) and (c) below, it shall be unlawful for any person to engage in or permit the generation of noise related to landscape maintenance, construction, including erection, excavation, demolition, alteration or repair of any structure or improvement, in excess of the sound levels permitted under this Chapter, at times other than between the hours of 7:00 a.m. and 6:00 p.m. Construction related noise may be made between the hours of6:00 p.m. and 7:00 a.m. in cases of urgent necessity in the interest of public health and safety, and then only with the prior permission of the City Manager. Such pennission may be granted for a period not to exceed three days or until the emergency ends, whichever is less. (c) If the City Manager determines that public health and safety will not be impaired by construction related noise, the City Manager may, upon application therefor issue a permit for construction between the hours of 6:00 p.m. and 7:00 a.m. The City Manager may place such conditions on the issuance of the permit as he or she deems appropriate to protect public health and safety. (b) Section 9.02.080 Application between zones In enforcing the regulations set forth in this Chapter, each source of noise shall be subject only to such regulation as shall apply to the Zoning District, including any designated truck route, within which it is located. A use lying adjacent to a Zoning District with a more restrictive noise requirement hereunder shall not be required to conform to that more restrictive requirement. Section 9.02.090 Penalty Any individual violating any provisions of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Chapter is committed, continued, or permitted. Any individual convicted of a violation of this Chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine of not exceeding two hundred dollars ($200.00) for a second violation of the same Chapter and perpetrated by the same individual. The third and any additional violations on the same Chapter and perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation. Section 9.02.100 Severability If any section, subsection, sentence, clause or phrase ofthis Chapter is, for any reason, held unconstitutional or otherwise invalid, such decisions shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter, and each section, subsection, clause, sentence and phrase thereof, irrespective of the fact that one or more sections, clauses, sentences or phrases be declared unconstitutional or otherwise invalid. f2ct of 3Eaumont 550 East Sixth Street Beaumont, CA 92223 (909) 769-8520 FAX (909) 769-8526 FAX (909) 769-8525 LEGAL NOTICE NOTICE IS HEREBY GIVEN, that the Beaumont City Council shall conduct a public hearing at 6:00 p.m. on Tuesday, February 18, 2003 in the City Council Chambers at City Hall, 550 E. 6th Street, Beaumont, California 92223, to receive testimony and comments from all interested persons regarding the adoption of the following matter(s): Ordinance No. 838 "An Ordinance of the City Council of the City of Beaumont Establishing a Noise Ordinance and Adding Chapter 9.02 to the Beaumont Municipal Code" Interested person may submit written comments on this matter to the City Cl k at 550 East 6th Street, Beaumont, California 92223. Date February 6, 2003 LI Shelby Hanve Deputy City C : rk Published: Press Enterprise — February 13, 2003 —1 time only i