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HomeMy Public PortalAboutOrdinance 08-9201 1 ORDINANCE NO. 08 -920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO THE REGULATION OF NOISE; TITLE 9, CHAPTER 1, ARTICLE I: REGULATION OF EXCESSIVE NOISE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the City Council Staff Report dated April 15, 2008; and Planning Commission Staff Reports dated March 25, 2008, and based upon a Public Hearing before the Planning Commission on March 25, 2008, and. a Public Hearing before the City Council on April 15, 2008 to consider certain amendments to the Zoning Code, the City Council hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Zoning Code amendment is based upon the following findings: 1. The existing Noise Ordinance is in need of clarification and modernization; 2. The existing Noise Ordinance is vague regarding enforcement, specifically regarding the enforcement of noise regulations by the Los Angeles County Sheriff Department; 3. The Los Angeles County Sheriff Department and the City's Public Safety Officer feel that the draft Ordinance will be easier to enforce and will ultimately serve the City better than the existing regulations. SECTION 3. This project (amendments to the Temple City Zoning Code relative to noise) shall not result in significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial study as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 4. The Planning Commission hereby makes the following recommendations: Sections 9280 - 9284 of the Temple City Municipal Code (Title 9, Chapter 1, Article I. Regulation of Excessive Noise) are hereby amended to read as follows: TITLE 9 CHAPTER 1 ARTICLE I. REGULATION OF EXCESSIVE NOISE 9280: INTENT: At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of Temple City residents and degrade their quality of life. Pursuant to its police power, the City Council hereby declares that noise shall be regulated in the manner described herein. This ordinance is intended to establish citywide standards regulating noise. This ordinance is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act and no such thresholds are hereby established. 9280.1: EXEMPTIONS: Sound emanating from the following sources is exempt from the provisions of this ordinance: Ordinance No. 08 -920 Page 2 a. Facilities owned or operated by or for a governmental agency. b. Capital improvement projects of a governmental agency. c. The maintenance or repair of public properties. d. 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 regulatory jurisdiction of the California public utilities commission. e. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile. f. Public or private schools and school- sponsored activities. g. Private construction projects located one - quarter (1/4) of a mile or more from an inhabited dwelling. h. Private construction projects located within one - quarter (1/4) of a mile from an inhabited dwelling, provided that construction does not occur between the hours of 7:00 p.m. and 7:00 a.m. i. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 7:00 p.m. j. Motor vehicles, other than off - highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems. k. Heating and air conditioning equipment. I. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare. m. The discharge of firearms consistent with all state and federal laws. n. Any activity as to which the City Council or Planning Commission has issued an exception based on hardship, or to execute phase -in requirements. o. Involuntary noise. p. Isolated singular noises (not exceeding 2 seconds) not repeated within sixty (60) minutes. q. Matters preempted by state or federal law. r. Matters involving the reasonable exercise of constitutional guarantees unless outweighed by compelling governmental interests or appropriate exercise of the police power. s. "Emergency work" as defined under section 9280.2 of this article. t. Noise as to which there is specific consent from all affected persons. 9280.2: DEFINITIONS: As used in this ordinance, the following terms shall have the following meanings: a. Audio Equipment. A television, stereo, radio, tape player, compact disc player, mp3 player, I -POD or other similar device. 1 1 1 1 1 1 Ordinance No. 08 -920 Page 3 b. Decibel (dB). A unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately one hundred thirty (130) decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies as defined below: 1. A- weighting (dBA) means the standard A- weighted frequency response of a sound level meter, which de- emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds. 2. Maximum Sound level (Lmax) means the maximum sound level measured on a sound level meter. c. Governmental Agency. The United States, the State of California, the County of Los Angeles, the City of Temple City or any combination of these agencies. d. Motor Vehicle. A vehicle that is self- propelled. e. Motor Vehicle Sound System. A stereo, radio, tape player, compact disc player, mp3 player, l -POD or other similar_device. f. Noise. Any loud, discordant or disagreeable sound. g. Occupied Property. Property upon which is located a residence, business or industrial or manufacturing use. h. Off - Highway Vehicle. A motor vehicle designed to travel over any terrain. i. Public Property. Property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks, and alleys. j. Public or Private School. An institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level. k. Sensitive Receptor. A land use that is identified as sensitive to noise, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries. I. Sound Level Meter. An instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data. m. Sound Amplifying Equipment. A loudspeaker, microphone, megaphone or other similar device. n. Emergency Work. Work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger or work by public or private utility to restore utility service. 9281: GENERAL SOUND LEVEL STANDARDS: No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth by the following standards: Zone 7:00 A.M. To 10:00 P.M. 10:00 P.M. To 7:00 A.M. Residential zone 55 dBA 45 dBA Commercial zone 65 dBA 55 dBA Industrial zone 75 dBA 75 dBA Ordinance No. 08 -920 Page 4 At the boundary line between two (2) of the above zones, the noise level of the quieter zone shall be used. 9281.1: SOUND LEVEL MEASUREMENT METHODOLOGY: Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9283 of this ordinance. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be re- verified. Sound level meters and calibration equipment shall be certified annually. 9281.2: SPECIAL SOUND SOURCES STANDARDS: The general sound level standards set forth in Section 9281 of this ordinance apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitute separate violations of this ordinance. a. Motor Vehicles. 1. Off - Highway Vehicles. No person shall operate an off- highway vehicle unless it is equipped with a USDA qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device. ii. No person shall operate an off - highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986 or is not more that 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise shall be measured a distance of twenty (20) inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J -1287. 2. Sound Systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 7:00 a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than one hundred (100) feet from the vehicle. b. Power Tools and Equipment. No person shall operate any power tools or equipment between the hours of 10:00 p.m. and 7:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools . or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than one hundred (100) feet from the power tools or equipment. c. Audio Equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 7:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than one hundred (100) feet from the equipment. 1 1 1 Ordinance No. 08 -920 Page 5 d. Sound Amplifying Equipment and Live Music. No person shall install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control. 1. Sound amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 7:00 a.m. and sound emanating from sound amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than two hundred (200) feet from the equipment or music. 2. The use of sound amplifying equipment or live music in a condominium complex which exceeds the noise limits as set forth in Section 9281 of this article, measured at any property line, or, measured in another condominium unit within the complex, shall be in violation of this article. 9282: ENFORCEMENT: City of Temple City Code Enforcement personnel and the Los Angeles County Sheriff shall have the primary responsibility for enforcing this ordinance; provided, however, Code Enforcement personnel and the Sheriff may be assisted by the Public Health Department. Violations shall be prosecuted as described in Section 9283.1 of this ordinance, but nothing in this ordinance shall prevent the Sheriff, Code Enforcement or the Department of Public Health from engaging in efforts to obtain voluntary compliance by means of warnings, notices, or educational programs. 9283: DUTY TO COOPERATE: No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in Section 9282 of this ordinance when they are engaged in the process of enforcing the provisions of this ordinance. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this ordinance. 9283.1: VIOLATIONS AND PENALTIES: Any person who violates any provision of this ordinance once or twice within a one hundred and eighty (180) day period shall be guilty of an infraction. Any person who violates any provision of this ordinance more than twice within a one hundred and eighty (180) day period shall be guilty of a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Penalties shall not exceed the following amounts: a. For the first violation within a one hundred and eighty (180) day period the minimum mandatory fine shall be five hundred dollars ($500). b. For the second violation within a one hundred and eighty (180) day period the minimum mandatory fine shall be seven hundred and fifty dollars ($750). c. For any further violations within a one hundred and eighty (180) day period the minimum mandatory fine shall be one thousand dollars ($1,000) or imprisonment in the County jail for a period not exceeding six (6) months, or both. 9283.2: SEVERABILITY: If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect the remainder of the ordinance or the application of such provision(s) to other persons or circumstances. 9284: SAVINGS CLAUSE: The adoption of this ordinance shall not in any manner affect the prosecution of ordinance violations, which violations were committed prior to the effective date of this ordinance, nor be construed as a waiver of any permit, license, penalty or penal provisions applicable to such violations. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by The City of Temple City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Ordinance No. 08 -920 Page 6 SECTION 5. The City Clerk 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 according to law. APPROVED AND ADOPTED on this 6th day of May, 2008. ATTEST: R. I- &1,3,ziLi-d--. da rho Y1f�nJ MAYOR I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 08 -920, was introduced at the regular meeting of the City Council of the City of Temple City held on the 15th day of April, 2008 and was duly passed, approved and adopted by said Council at their regular meeting held on the 6th day of May, 2008 by the following vote: AYES: Councilmember - Gillanders, Vizcarra, Wong, Capra, Wilson NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None nrvbuLf-- ;- Cx-,(4A)-ok City Clerk 1 1