HomeMy Public PortalAboutOrd. 1570ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
PURSUANT TO GOVERNMENT CODE SECTION 36937 REPEALING SECTION 3 -12 OF
THE LYNWOOD MUNICIPAL CODE AND REPLACING IT WITH A NEW SECTION 3 -12
OF THE LYNWOOD MUNICIPAL CODE
WHEREAS, the residents of the City of Lynwood live with the problems created in their
neighborhoods by unreasonable noise; and
WHEREAS, persons who create unreasonably loud noise jeopardize the public health,
safety, and welfare of the citizens of the community; and
WHEREAS, persons who create unreasonable noise contribute to increased crime in the
City of Lynwood, the general decay of neighborhoods in our City, and impacts the business
community and are damaging to the quality of life of the residents; and
WHEREAS, the City Council finds and determines that having an enforceable ordinance
targeted at persons creating unreasonable noise is critical to preserving the public health, safety
and welfare of all citizens in the City; and
WHEREAS, California Government Code Section 38771 permits the legislative body of
a city to declare what constitutes a nuisance; and
WHEREAS, because unreasonable nose levels include high - pitched, obnoxious, and loud
sounds which are injurious to the public health and safety, the Council finds that the adoption of
this ordinance regulating noise levels in the City is immediately needed to protect the peace,
health and safety of the residents of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 3 -12 of the Lynwood Municipal Code is hereby repealed in its entirety.
Section 2. That a new Section 3 -12 of the Lynwood Municipal Code is hereby added which
shall read as follows:
3 -12: NOISE
3 -12.1 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 interests shall be systematically proscribed.
3 -12.2 Definitions:
As used in this Chapter:
Ambient noise shall mean all- encompassing noise associated with a given environment, being
usually a composite of sounds from many sources near and far.
Ambient noise level shall mean the level obtained when the noise level is averaged over a period
of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the
location and time of day near that at which a comparison is to be made.
Boom box shall mean any radio, cassette player, compact disk player or similar device with
speakers.
City shall mean the City of Lynwood, California.
Commercial purpose shall mean and include the use, operation, or maintenance of any sound
amplifying equipment for the purpose of advertising any business, or any goods; or any services,
or for the purpose of attracting the attention of the public to, or advertising for, or soliciting
patronage or customers to or for any performance, show, entertainment, exhibition, or event, or
for the purpose of demonstrating such sound equipment.
Decibel shall mean. a logarithmic unit of sound intensity; 10 times the logarithm of the ratio of
the sound intensity to some reference intensity.
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 property from an imminent
exposure to danger or work by private or public utilities when restoring utility service.
Frequency of a function periodic in time shall mean the reciprocal of the primitive period. The
unit is the hertz and shall be specified.
Hertz shall mean the complete sequence of values of a periodic quantity which occurs during a
period.
Microbar shall mean a unit of pressure commonly used in acoustics and is equal to one (1) dyne
per square centimeter.
Motor vehicles shall mean and include, but not be limited to, automobiles, trucks, recreational
vehicles, motorcycles, dirt bikes, motor - driven cycles, scooters, mini -bikes and go -carts.
Noncommercial purpose shall mean the use, operation or maintenance of any sound equipment
for other than a "commercial purpose ". "Noncommercial purpose" shall mean and include but
shall not be limited to, philanthropic, political, patriotic, and charitable purposes.
Period of a periodic quantity shall mean the smallest increment of time for which the function
repeats itself.
Periodic quantity shall mean oscillating quantity, the values of which recur for equal increments
of time.
Person shall mean a person, firm, association, copartnership, joint venture, corporation, or any
entity, public or private in nature.
Sound amplifying equipment shall mean any machine or device for the amplification of the
human voice, music, or any other sound. "Sound amplifying equipment shall not include
standard automobile radios when used and heard only by the occupants of the vehicle in which
the automobile radio is installed. "Sound amplifying equipment ", as used in this section shall not
include warning devices on authorized emergency vehicles or horns or other warning devices on
any vehicle used only for traffic safety purposes.
Sound level (noise level), in decibels (0) shall mean the sound measured with the "A"
weighting and slow response by a sound level meter.
Sound level meter shall mean an instrument including a microphone, an amplifier, an output
meter, and frequency weighing networks for the measurement of sound levels which satisfies the
pertinent requirements in American Standard Specifications for sound level meters S1.4 -1971 or
the most recent revision thereof.
Sound truck shall mean any motor vehicle, or any other vehicle regardless of motive power,
whether in motion or stationary, having mounted thereon, or attached thereto, any sound
amplifying equipment.
3 -12.3 Sound Level Measurement Criteria.
Any sound level measurement made pursuant to the provisions of this section shall be measured
with a sound level meter using the "A" weighting.
3 -12.4 Noise Measurement Procedures.
The following procedures shall be utilized for measuring and evaluating exterior noise in the city
unless otherwise specified in this section:
a. Noise measurements shall be conducted any time during the day or night when the
suspect noise source is in operation.
b. The location selected for noise measurement shall be on the noise receptor's property
line at a point approximately ten feet from any building, wall or obstruction (trees, bushes,
etc.)
c. No individual other than the operator shall be within ten feet of the sound level meter
during the measurement period.
d. The sound level meter shall be calibrated in accordance with the manufacturer's
instructions.
e. With the noise source in operation, the operator shall record the instantaneous response
at fifteen- second intervals or less, for a period of fifteen minutes or greater. Or, for a noise
source in operation for less than fifteen minutes, the operator shall record the instantaneous
response at fifteen - second intervals or less for the time the noise source is in operation.
f. The suspect noise level shall be compared with the standards in Subsection 3 -12.5 If the
noise level generated from the suspect noise source exceeds the standard, the suspect noise
source shall be considered to be in violation of this chapter.
3 -12.5 Ambient Base Noise Level.
Sound Level A, Decibels
a. It is unlawful for any person within the City to make, cause, or allow to be produced
noise which is received on property occupied by another person within the designated zone in
excess of the following levels, except as expressly provided otherwise in this Section:
Standards
ZONE
DAY (7:00 a.m.
to 7:00 p.m.)
EVENING (7:00
p.m. to 10:00 p.m.
NIGHT (10 p.m.
to 7:00 a.m.)
R1 and R2
60
60
60
R3
60
60
55
Commercial
65
65
60
Manufacturing
75
75
75
b. At the boundary line between two different zones, the noise level of the quieter zone shall be
used.
3 -12.6 Loud, Unnecessary and Unusual Noise Disturbing Peace or Quiet or Causing
Discomfort or Annoyance; Standards for Determining Violation.
a. Notwithstanding any other provision of this section and in addition thereto, it shall be unlawful
for any person to willfully make or continue, or cause to be made or continued, any loud,
unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or
which causes discomfort or annoyance to any reasonable person of normal sensitiveness
residing in the area.
b. The standards which shall be considered in determining whether a violation of the provisions
of this subsection exists shall include, but not be limited to, the following:
1. The level of the noise.
2. The intensity of the noise.
3. Whether the nature of the noise is usual or unusual.
4. Whether the origin of the noise is natural or unnatural.
5. The level and intensity of the background noise, if any.
6. The proximity of the noise of residential sleeping facilities.
7. The nature and zoning of the area within which the noise emanates.
8. The density of the inhabitation of the area within which the noise emanates.
9. The time of the day or night the noise occurs.
10. The duration of the noise.
11. Whether the noise is recurrent, intermittent, or constant.
12. Whether the noise is produced by a commercial or noncommercial activity.
3 -12.7 Radios, Television Sets and Similar Devices.
a. Use Restricted. It shall be unlawful for any person within any residential zone of the City to
use or operate any radio receiving set, musical instrument, phonograph, television set, or
other machine or device for the producing or reproduction of sound between the hours of
10:00 p.m. of one day and 7:00 a.m. of the following day, in such a manner as to disturb the
peace, quiet, and comfort of neighboring residents or any reasonable person of normal
sensitiveness residing in the area.
b. Prima Facie Violation. Any noise level exceeding the ambient base level at the property line of
any property or, if a condominium or apartment house, within any adjoining apartment by
more than five (5) decibels shall be deemed to be prima facie evidence of a violation of the
provisions of this subsection.
3 -12.8 Hawkers and Peddlers.
It shall be unlawful for any person within the City to sell anything by outcry within any area of
the City zoned for residential uses. The provisions of this subsection shall not be construed to
prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events,
parades, fairs, circuses, and other similar licensed public entertainment events.
3 -12.9 Drums, Other Instruments or Devices.
It shall be unlawful for any person to use any drum or other instrument or device of any kind for
the purpose of attracting attention by the creation of noise within the City. This subsection shall
not apply to any person who is a participant in a school band or duly licensed parade or who has
been otherwise duly authorized to engage in such conduct.
3 -2.10 Creating Noise Near Schools, Hospitals, Libraries, Convalescent Homes and
Churches.
It shall be unlawful for any person to create any noise on any city street, sidewalk, or public
place adjacent to any school, institution of learning, library or church while the same is in use or
adjacent to any hospital or convalescent home, which noise unreasonably interferes with the
workings of such institution or which disturbs or unduly annoys patients in the such
medical facilities, provided conspicuous signs are displayed in such streets, sidewalk or public
place indicating the presence of a sehool, elwfeh, he*44 these facilities.
3 -12.11 Animals and Fowl.
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied,
or controlled by such person any animal or fowl otherwise permitted to be kept which, by any
sound, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal
sensitiveness in any residential neighborhood.
3 -12.12 Machinery, Equipment, Fans and Air Conditioning.
It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air -
conditioning apparatus, or similar mechanical device in any manner so as to create any noise
which would cause the noise level at the property line of any property to exceed the ambient base
noise level by more than five (5) decibels.
3 -12.13 Construction of Buildings and Projects.
It shall be unlawful for any person within a residential zone, or within a radius of five hundred
(500') feet therefrom, to operate equipment or perform any outside construction or repair work
on buildings, structures, or projects or to operate any pile driver, power shovel, pneumatic
hammer, derrick, power hoist, or any other construction type device between the hours of 10:00
p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable person of
normal sensitiveness residing in the area is caused discomfort or annoyance unless beforehand a
permit therefor has been duly obtained from the Director of Development Services or his or her
designee. No permit shall be required to perform emergency work as defined in subsection 3-
12.2.
3 -12.14 Vehicles.
a. Vehicle Repairing, Rebuilding, Testing. It shall be unlawful for any person within any
residential area of the City to repair, rebuild, or test any motor vehicle between the hours of
10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable
person of normal sensitiveness residing in the area is caused discomfort or annoyance.
b. Operation of Motor Driven Vehicles. It shall be unlawful for any person to operate any motor
driven vehicle within the City in such a manner that a reasonable person of normal
sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any
such vehicle which is operated upon any public highway, street, or right -of -way shall be
excluded from the provisions of this subsection.
3 -12.15 Boom Boxes:
Use Restricted: It shall be unlawful for any person to play music on a "boom box" at a location
closer than fifty feet (50') outside of the property line of any residential property located
within the City at any time of night or day in a manner which would be unreasonably loud to
a reasonable person of normal sensitivity.
3 -12.16 Amplified Sound.
a. Purpose. The Council enacts this legislation for the sole purpose of securing and promoting the
public health, comfort, safety, and welfare of its citizenry. While recognizing that the use of
sound amplifying equipment is protected by the constitutional rights of freedom of speech
and assembly, the Council nevertheless feels obligated to reasonably regulate the use of
sound amplifying equipment in order to protect the correlative constitutional rights of the
citizens of this community to privacy and freedom from public nuisance of loud and
unnecessary noise.
b. Registration Required. It shall be unlawful for any person, other than personnel of law
enforcement or governmental agencies, to install, use or operate within the City a
loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon
any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures,
or transmitting music to any persons or assemblages of persons in or upon any street, alley,
sidewalk, park, place, or public property without first filing a registration statement and
obtaining approval thereof as set forth in this subsection.
c. Registration Requirements and Duties.
1. Filing of registration statements; contents. Every user of sound amplifying equipment shall
file a registration statement with the Director of Development Services or his or her designee
three (3) days prior to the date on which the sound amplifying equipment is intended to be
used, which statement shall contain the following information:
(a) The name, address and telephone number of both the owner and user of the sound
amplifying equipment;
(b) The maximum sound producing power of the sound amplifying equipment which shall
include the wattage to be used, the volume in decibels of sound which will be produced,
and the approximate distance for which sound will be audible from the sound amplifying
equipment;
(c) The license and motor number if a sound truck is to be used;
(d) A general description of the sound amplifying equipment which is to be used; and
(e) Whether the sound amplifying equipment will be used for commercial or
noncommercial purposes.
2. Approval of registration statements. Director of Development Services or his or her
designee shall return to the applicant an approved certified copy of the registration statement
unless he finds that:
(a) The conditions of the motor vehicle movement are such that in the opinion of the
Director of Development Services or his or her designee, use of the equipment would
constitute a detriment to traffic safety.
(b) The conditions of pedestrian movement are such that use of the equipment would
constitute a detriment to traffic safety.
(c) The registration statement required reveals that the applicant would violate the
provisions set forth in this subsection or any other provisions of this Code.
3. Disapproval of registration statement. In the event the registration statement is
disapproved, the Director of Development Services or his or her designee shall endorse upon
the statement his reasons for disapproval and return it forthwith to applicant.
d. Appeals. Any person aggrieved by disapproval of a registration statement may appeal the
same to the City Council in accordance with such rules governing appeals as the Council
may from time to time establish.
Registration Statement Fees: Prior to the issuance of the registration statement, a fee in the
amount established by resolution of the City Council, which may be changed from time to
time, or any portion thereof shall be paid to the City if the loudspeaker or sound amplifying
equipment is to be used for commercial purposes. No fee shall be required for the operation
of a loudspeaker or sound amplifying equipment for noncommercial purposes.
f. Regulations: The commercial and noncommercial use of sound amplifying equipment shall be
subject to the following regulations:
1. The only sounds permitted shall be either music or human speech, or both.
2. The operation of sound amplifying equipment shall only occur between the hours of ten
o'clock (10:00) A.M. and eight o'clock (8:00) P.M. each day except on Sundays and legal
holidays. No operation of sound amplifying equipment for commercial purposes shall be
permitted on Sundays or legal holidays. The operation of sound amplifying equipment for
noncommercial purposes on Sundays and legal holidays shall only occur between the hours
of eleven o'clock (11:00) A.M. and seven o'clock (7:00) P.M.
3. Sound level emanating from sound amplifying equipment shall not exceed fifteen (15)
decibels above the ambient base noise level.
4. Notwithstanding the provisions of sub - subsection 3 above, sound amplifying equipment
shall not be operated within two hundred feet (200') of churches, schools, hospitals, or City
or County buildings.
5. In any event, the volume of sound shall be so controlled that it will not be unreasonably
loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness
within the area of audibility.
3 -12.17 Loud Parties Or Gatherings In Residential Zones:
a. Applicability: The provisions of this Subsection apply to the person or persons responsible for
a party or gathering on private property within any residential zone of the City where loud
music or other noise emanating from or attributable to that party or gathering is audible from
a distance of fifty feet (50') from the source of that loud music or other noise.
b. Initial Response To Loud Parties Or Gatherings: When a party or gathering of two (2) or more
people takes place on private property within any residential zone of the City and is
determined by law enforcement personnel at the scene to constitute a violation of the
California Penal Code or the Lynwood Municipal Code, or is otherwise disruptive to the
public peace, health, safety, or welfare due to the magnitude of the crowd, loud music or
other noise, disturbances, unruly behavior of those attending the party or gathering, excessive
traffic, or destruction of property, is hereby declared a nuisance. The law enforcement
personnel are authorized to take all actions and to issue all directives as may be necessary
under the circumstances to abate the violation, of- condition, or nuisance including the
following:
1. Arrest, or issue citations to, the person or persons who are in violation of any State statute
or loud ordinance including, without limitation, the person or persons owning or occupying
the premises where the party or gathering is being held who have created a disturbance of the
peace by authorizing, permitting, or otherwise consenting to the performance of a live band,
the playing of one or more musical instruments, or the playing of music by means of any
electronic or mechanical device that produces or reproduces sound.
2. Direct the person or persons responsible for any party or gathering that creates a
disturbance of the peace to terminate immediately the performance by any live band, the
playing of one or more musical instruments, or the playing of music by means of any
electronic or mechanical device that produces or reproduces sound.
3. Issue a written notice and warning to the person or persons owning or occupying the
premises where the party or gathering is being held that if, within the following twelve (12)
hour period, law enforcement personnel are again required to respond to that location to
abate a violation or condition, the owner or occupant of the premises will be liable for the
costs and expenses incurred by the City in providing that additional response.
Second And Subsequent Responses: If, after issuance of the notice and warning specified
above in Sub - subsection b3 above, the condition or violation is not abated and law
enforcement personnel are again required within the following twelve (12) hour period to
respond to the same location in order to disperse the party or gathering, quell any disturbance
of the peace, direct traffic, cite illegally parked vehicles, or to provide similar services, then
the costs and expenses of each such response must be reimbursed to the City as provided in
subsection d below.
d. Reimbursement Of Costs And Expenses: The person or persons responsible for a party or
gathering that requires a second or subsequent response as referenced above in Sub -
subsection c, or the owner or occupant of the property on which the party or gathering is
held, or, if any such person is a minor, the parents or legal guardian of the minor are jointly
and severally liable for the following costs and expenses incurred by the City:
1. The actual costs and expenses for the services of the law enforcement personnel, excluding
the initial response, that are incurred by the City for the purpose of abating any of the
conditions or violations described above in Sub - subsection c, above;
2. Damage to public property incurred in the course of any second or subsequent response by
law enforcement personnel; and
3. Injuries to any law enforcement personnel involved in a second or subsequent response.
e. Collection Procedures: The Sheriffs Department will itemize all reimbursable costs and
expenses and advise the City Manager. The person or persons specified above in subsection d
will be billed by the City Manager following receipt of the itemized costs and expenses from
the Sheriffs Department, and payment will be due within fifteen (15) days of the billing date.
If the amount due is not paid, the City may collect the debt, as well as all fees and costs
incurred in its collection, in accordance with all applicable provisions of law.
f. Criminal Penalties Not Precluded: Nothing contained in this Subsection is intended to preclude
the filing of any criminal charges or the imposition of criminal penalties under the California
Penal Code or the Lynwood Municipal Code against any person or persons who may also be
subject to the reimbursement provisions of this Subsection.
3 -12.18 Exemptions
The following are exempted from this section:
a. Lawfully conducted parades or carnivals
b. Emergency work as defined by this section
c. Aircraft flight operations
d. Bells and chimes while being used in conjunction with religious services
e. Systems used to warn the community of attack or imminent public danger
3 -15.19 Violations; penalties.
Violations of this Section shall be misdemeanors punishable as provided for in Section 1 -5 of
this Code, or may be filed as an infraction by the City Prosecutor. Each violation of any
provision of this Section shall constitute a separate offense.
3 -12.20 Additional Enforcement Remedies:
a. As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or
machinery in violation of any provision of this Section, which operation or maintenance causes
discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the
comfort, repose, health, or peace of residents in the area, shall be deemed, and is declared to be, a
public nuisance and may be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
b. Any violation of this Section is declared to be a public nuisance and may be abated in
accordance with law. The expense of this Section is declared to be public nuisance and may be,
by resolution of the City Council, declared to be a lien against the property on which such
nuisance is maintained and such lien shall be made a personal obligation of the property owner.
3 -15.21 Non - Exclusive Remedy.
This Section is not the exclusive remedy available to the City for regulating noise and shall be in
addition to other regulatory codes, statutes and ordinances enacted by the City, the State, or any
other governmental entity or agency having jurisdiction.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining sections, subsections,
sentences, clauses, phrases, or portions of this Ordinance. The City Council hereby declares that
it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. This Ordinance is an Urgency Ordinance enacted pursuant to California
Government Code Sections 36934 and 36937. As such, this Ordinance will become effective
immediately upon adoption by a four -fifths City Council vote. The City Council of the City of
Lynwood hereby finds that there is an immediate threat to the preservation of the public peace,
health, and safety in that unreasonable noise levels is a problem which must be curbed, and in
that new regulations regulating unreasonable noise levels must be implemented. Regulation of
unreasonable noise is a lawful exercise of the City's police powers.
Section 5. This Ordinance shall become effective immediately as an Urgency Ordinance
upon approval of the City Council by four -fifths vote pursuant to Government Code Section
36937 (b).
Section 6. The City Clerk of the City of Lynwood is hereby directed to certify to the passage
and adoption of this Ordinance and to cause it to be published or posted as required by law.
First read at a regular meeting of the City Council held on the 5th day of
November , 2005 and adopted and ordered published at a regular meeting of said
Council held on the 15th day of November , 2005.
Attest:
Andrea L. Hooper, City Clerk
Approved as to form:
r�moldio Beltran, City Attorney
amon Rodri ez, Mayor
City of Lynwood
Mn
,0 �� /Y /
. Enri06 Martinez, Citj-`Manager
STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 15th day of November 2005.
AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
/J" J'-a d i -'/',
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1570 on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this 15th day of November , 2005.
Andrea L. Hooper, City Clerk