HomeMy Public PortalAboutOrdinance 91404/26/07
ORDINANCE NO. 914
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA
AMENDING CHAPTER 9.02 "NOISE" OF THE
BEAUMONT MUNICIPAL CODE
TO ADOPT REGULATIONS FOR THE CONTROL OF
NOISE WITHIN THE CITY AND STANDARD FOR
DETERMINING THE EXISTENCE OF A NOISE VIOLATION
WHEREAS, excessive noise is a hazard to the public health and welfare and the
exposure to certain levels of noise can result in physiological, psychological and economic
damage; and
WHEREAS, the City Council desires to adopt provisions and prohibitions in order to
control unnecessary, excessive, and annoying noise and vibration within the City to the extent
that such regulation is not otherwise preempted by California Penal Code Section 415; and
WHEREAS, the provisions and prohibitions for the control of noise adopted by this
Ordinance are enacted in furtherance and for the purpose of securing and promoting the public
health, comfort, convenience, safety, general welfare and peace and quiet of the City and its
inhabitants.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS FOLLOWS:
Section 1: Chapter 9.02 of the Beaumont Municipal Code, entitled "Noise", is hereby
amended in its entirety to read as specifically provided in Exhibit "A", which Exhibit is attached
hereto and made a part hereof.
Section 2: This Ordinance shall take effect as provided by law.
MOVED AND PASSED upon first reading this 5thday of June
following roll call vote:
AYES: Mayor Fox, Council Members DeForge, Berg, and Killough
NOES: None
ABSTAIN: None
ABSENT: Council Member Dressel
, 2007, by the
MOVED, PASSED AND ADOPTED this 3rd
second reading by the following roll call vote:
day of July , 2007, upon
AYES: Mayor Pro Tem DeFroge, Council Members Dressel, Berg, and Killough
NOES: None
ABSTAIN: None
ABSENT: Mayor Fox
ATTEST:
City Clerk
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05/02/07
CHAPTER 9.02
NOISE CONTROL
Sections:
9.02.010 Purpose and Intent
9.02.020 Definitions
9.02.030 Prohibited Noise in Residential Zones
9.02.040 Prohibited Noise in Public Places
9.02.050 Prohibited Noise by and from Motor Vehicles
9.02.060 Prohibited Noise—Exemptions
9.02.070 Violations Subject to Administrative Fines
9.02.080 Administrative Enforcement
9.02.090 Penalty
9.02.100 Confiscation and Impoundment
9.02.110 Severability
Section 9.02.010 Purpose and Intent
The purpose of this Chapter is to regulate the production of noise within the City of
Beaumont, especially in residential zones, public parks and noise produced by and from motor
vehicles.
The City Council has found and hereby declares:
A. Loud, annoying, unusual, prolonged noises, or noises unnatural in their time,
place and use causes discomfort and annoyance to any reasonable person of normal sensitivity,
disturbs the peace and quiet of the City and its residents, and thereby constitutes a detriment to
public health and to the general welfare; and
B. The provisions and prohibitions contained herein are hereby enacted to preserve
the peace and quiet of the City and to protect the health and general welfare of its residents.
Section 9.02.020 Definitions
A. "Enforcement Officer" shall mean and include a City Police Officer or a City
Code Enforcement Officer authorized to enforce this Chapter pursuant to Section 9.02.080.
B. "Motor vehicle" shall mean and include, but not be limited to, an automobile,
truck, van, bus, motorcycle, mini bike, go-cart or other self-propelled on -or -off road vehicle.
C. "Person" shall mean an individual, firm, association, partnership, joint venture,
corporation or any other such entity.
D. "Responsible Person" means
i. Any person who owns, has custody of, or is in charge of the property or
motor vehicle from which any noise in violation of this Chapter emanates, or
ii. Any person who owns or controls the source of the noise.
If the Responsible Person is a minor, then the parent or guardian who has custody of the
minor at the time of the violation shall be the Responsible Person who is liable under this
Chapter.
Section 9.02.030 Prohibited Noise in Residential Zones
Notwithstanding any other provision of this Code, and in addition thereto, it shall be
unlawful, and it is hereby declared a public nuisance, for any person to make, suffer, permit,
continue, or cause to be made or continued, any loud noise, commotion, gathering or event,
which disturbs the peace or quiet of the neighborhood or which causes discomfort or annoyance
to any reasonable person of normal sensitivity.
Section 9.02.040 Prohibited Noise in Public Places
Notwithstanding any other provision of this Code, and in addition thereto, it shall be
unlawful, and it is hereby declared a public nuisance, for any person to make, suffer, permit,
continue, or cause to be made or continued, any loud noise, commotion, gathering or event,
which disturbs the peace or quiet of a public park or other public facility, including any school,
church, court, library, hospital or health care facility, or which causes discomfort or annoyance to
any reasonable person of normal sensitivity within such park or facility.
Section 9.02.050 Prohibited Noise by and from Motor Vehicles
Notwithstanding any other provision of this Code, and in addition thereto, it shall be
unlawful, and it is hereby declared a public nuisance, for any person to operate or use a motor
vehicle, whether stationary or in motion on any public right-of-way, public place, or on private
property within a residential zone, in a manner that produces a loud noise which disturbs the
peace or quiet of any residential neighborhood or which causes discomfort or annoyance to any
reasonable person of normal sensitivity. Examples of sources of unlawful noise include, but are
not limited to:
A. Automobile radios, tape and compact disc players;
B. Racing the engine of a stationary motor vehicle, except when necessary to do so
in the course of repairing, adjusting or testing the same;
C. Operating a motor vehicle with an exhaust muffler that has been removed or
modified in a manner such that the noise produced by the vehicle is greater than as originally
equipped by the manufacturer;
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D. Motor vehicle alarms, except those equipped to automatically terminate operation
within 15 minutes of activation;
E. Sounding a motor vehicle horn, except when sounded for safety reasons or any
purpose required or permitted by the Vehicle Code or other state law.
Section 9.02.060 Prohibited Noise—Exemptions
The following activities and noise sources shall be exempt from the provisions of this
Chapter:
A. Activities conducted on the grounds of any public or private school during regular
hours of operation;
B. Outdoor gatherings, public dances, shows, sporting and entertainment events
authorized by permit issued by the City;
C. Warning devices necessary for public safety including, but not limited to, police,
fire and ambulance sirens, train horns and other sounds used for the purpose of alerting persons
to the existence of a danger or emergency;
D. The following construction, repair or excavation activities:
i. Such activities necessary for the immediate preservation of life or
property;
ii. Such activities performed in connection with public works projects, public
service projects and public utilities services;
iii. Such activities performed on private property pursuant to a permit issued
by the City;
iv. Any activity to the extent regulated by state or federal law or by permit
issued by the City;
v. Noise generated in retail, commercial and industrial zones that are
necessary and incidental to the uses permitted therein, provided that such noise does not
disturb the peace and quiet of adjacent residential zones.
Section 9.02.070 Violations Subject to Administrative Fines or Penalties; Confiscation
All violations of this Chapter shall be subject to Administrative Fines imposed, levied
and collected pursuant to Chapter 1.16 of this Code. Alternatively, in the discretion of the
Enforcement Officer, violations shall be subject to the penalties set forth in Section 9.02.090. In
any case, the Enforcement Officer has the authority to confiscate and impound, as more
specifically provided for in Section 9.02.100.
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Section 9.02.080 Administrative Enforcement
In the event the Enforcement Officer determines that there is a possible violation of this
Chapter, the Officer shall issue a written notice to the Responsible Person, pursuant to BMC
Section 1.16.050, requiring the immediate abatement of the violation. Such notice shall also
include the following warnings:
i. that a second violation of the same provision within a seventy-two (72)
hour period shall result in an Administrative Fine of $100.00 for a first violation;
ii. an Administrative Fine of $200.00 for a third violation within one year;
iii. an Administrative Fine of up to $500.00 for each additional violation of
the same provision within one year; and
iv. that the object, equipment or motor vehicle producing the noise may be
confiscated and impounded as evidence upon issuance of the first violation and/or any
violation thereafter.
Section 9.02.090 Penalty
In the event the Enforcement Officer determines that there is a possible violation of this
Chapter, the Officer may, alternatively, issue a citation as follows:
i. Any individual violating a provision of this Chapter shall be deemed
guilty of an infraction or misdemeanor as hereinafter specified.
ii. Any individual convicted of a violation of this Chapter shall be:
1. Guilty of an infraction offense and punished by a fine not
exceeding $100.00 for a first violation;
2. Guilty of an infraction offense and punished by a fine not
exceeding $200.00 for a second violation of the same Chapter and perpetrated by
the same Responsible Person.
The third and any additional violation of the same Chapter and perpetrated by the
same individual shall constitute a misdemeanor offense and shall be punishable by a fine
not exceeding $500.00 or 3 months in jail, or both.
Notwithstanding the above, a first offense may be charged and prosecuted as a
misdemeanor.
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Section 9.02.100 Confiscation and Impoundment
The Enforcement Officer is authorized to confiscate and impound, as evidence, the
object, equipment or motor vehicle that produces the noise in violation of this Chapter. The
owner thereof shall be entitled to submit a written request to the Police Department for return of
the confiscated item upon payment of the infraction penalty or upon payment of the
administrative fine or upon timely filing of a Request to Appeal pursuant to Section 1.16.050.5
of this Code, whichever occurs first.
Section 9.02.110 Severability
The City Council declares that, should any provision, section, paragraph, sentence or
work of this Chapter be rendered or declared invalid by any court of competent jurisdiction or by
reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences
or words of this Chapter as hereby adopted shall remain in full force and effort.
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