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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 2 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; 2 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. 3 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. 4 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. 5