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cr-y OF SAN BERNAR~""tO - REQU~~T FOR COUNCIL AC--ION
apt:
City Attorney
REctO. -lOMa.. OFF . Subject: ORDINANCE RELATIVE TO EXCEPTIONS FRO!
THE PROHIBITION AGAINST UNLAWFUL
1968 oce -8 p~ 3: 41 NOISES WITHIN THE CITY.
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From:
JAMESAEL PENMAN
C1.t:-y 'E Lorney
Date:
12/5/88
Synopsis of Previous Council action:
11/10/88 -- recommended for approval by Legislative Review Committee.
Recommended motion:
Waive further reading of ordinance and layover for final adoption.
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o Signature
Contact person:
John F. wilson
Phone:
5056
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda I tern No.
~49
CI Y OF SAN BERNARD 10 - REQU: IT FOR COUNCIL A' ..iON
STAFF REPORT
This Ordinance amendment is proposed in order to bring City
law into conformance with state law with respect to noise
produced by manufacturing.
The amendment will address a recently realized loop-hole in
the current law as it is applied in the City. Section 8.54.030
of the San Bernardino Municipal Code currently exempts from the
Noise Ordinance ". . such noises as are a natural accompaniment
and effect of a lawful business, commercial or industrial
enterprise carried on in an area zoned for that purpose."
There recently arose a situation in which a steel
manufacturer was loading and unloading steel products at such
hours as to disturb those persons occupying single-family
residences immediately adjacent to the operation. As the code
currently reads, the City is not authorized to take action to
prevent such noise by the operator.
The proposed amendment would allow an action to be brought
by the City under circumstances where there is evidence that the
noise is a nuisance and that such nuisance is the result of
"unnecessary and injurious" methods of operation. This
provision is derived from California Code of Civil Procedure
Section 731a.
Where, as in the circumstance of the steel company, the
noise is occurring at 2:00 a.m., a case could be made that the
noise is a nuisance and that such nuisance is the result of
unnecessary and injurious operations.
The complete text of Section 8.54 is attached for information.
*NOTE: The undersigned portions of the ordinance amendment
represent the amendments or additional language being added to
the ordinance.
75-0264
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ORDINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
4 8.54.030 OF THE SAN BERNARDINO MUNICIPAL CODE RELATIVE TO
EXCEPTIONS FROM THE PROHIBITION AGAINST UNLAWFUL NOISES WITHIN
5 THE CITY OF SAN BERNARDINO.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
7 DO ORDAIN AS FOLLOWS:
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SECTION 1:
Section 8.54.030 of the San Bernardino
9 Municipal Code is amended to read as follows:
"8.54.030 Exceptions
(a) There is excepted from this Chapter the use of horns,
12 sirens or other signaling or warning devices by persons vested
13 with legal authority to use the same, and in pursuit of their
14 lawful duties, such as on ambulances, fire, police or other
15 governmental or official equipment;
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(b) Also, there is excepted in like manner such noises as
17 are an accompaniment and effect of a lawful business, commercial
18 or industrial enterprise carried on in an area zoned for that
19 purpose except where there is evidence that such noise is a
20 nuisance and that such nuisance is a result of the employment of
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unnecessary
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August 10, 1988
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ORD: AMENDING P~~TION 8.54.030 IF SBMC RELATIVE TO
EXCEPTIONS FROM '... ~ PROHIBITION JAINST UNLAWFUL NOISES WIThiN
THE CITY OF SAN BERNARDINO
2 I HEREBY CERTIFY that the foregoing resolution was duly
3 adopted by the Mayor and Common Council of the City of San
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day
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Bernardino, at a
meeting held on the
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of
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AYES:
Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
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Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
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JFW:ss
August 10, 1988
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