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HomeMy WebLinkAbout30-City Attorney CITY fJF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.54 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING NOISE . Dept: City Attorney Date: May 7. 2007 Synopsis of Previous Council action: Ord. MC-649, 1-3-89; Ord. MC-460, 5-13-85; Ord. 2102,1956; Ord. 192591-5,1951. Legislative Review Committee recommended approval of the Ordinance by the full Council on April 17, 2007. _commended motion: Waive further reading and layover for final adoption. \S4 \/ < ) '4kCV\.A.i~ o~\~d Signature Contact person: James F. Penman Phone: 5355 Supporting data attached: FUNDING REQUIREMENTS: Ward: All Amount: NONE Source: (Acct. No.) (Acct. DescriDtion) Finance: Council Notes: 5/7 JA.... , fILJ Agenda Item No.~O tit 75-0262 e e e STAFF REPORT Council Meeting Date: TO: FROM: DATE: AGENDA: Mayor alJd Common Council City Attorney's Office April 18, 2007 May 7, 2007 As requested by the Council the City's sound ordinance has been amended to include stricter provisions similar to those enacted in Cathedral City. The proposed ordinance is a hybrid between what our current ordinance has in it and the provisions that are in the Cathedral City ordinance. The proposed ordinance makes it a violation if noise is audible at a distance of 50 feet between 8:00 a.m. and 10:00 p.m. and at a distance of25 feet between 10:00 p.m. and 8:00 a.m. The proposed ordinance also specifically outlines the types of noises that would be a violation. An additional provision in the proposed ordinance will allow the police department to confiscate and impound, as evidence, the instrumentality that is transmitting the noise. It will also allow the police department to recover costs for second responses within 72 hours. Violation of the proposed ordinance will be either an infraction or a misdemeanor. These provisions are stronger than what the current ordinance provides. The Legislative Review Committee recommended approval of this item on April 17, 2007. e e i. i. 20 21 22 23 24 25 26 27 28 III 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 8.54 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING NOISE 4 WHEREAS. excessive noise is a serious hazard to the public health and welfare and the 5 exposure to certain levels of noise can result in physiological, psychological, and economic damage; and 6 WHEREAS, the City Council of the City of San Bernardino desires to adopt provisions 7 and prohibitions in order to control unnecessary, excessive, and annoying noise and vibration within the City of San Bernardino to the extent that such regulation is not otherwise preempted by 8 California Penal Code Section 415; and 9 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 10 health, comfort, convenience, safety, general welfare, and peace and quiet of the City and its inhabitants. 11 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 12 DO ORDAIN AS FOLLOWS: 13 SECTION I. Chapter 8.54 of the San Bernardino Municipal Code is hereby amended to read as follows: 14 15 Chapter 8.54 NOISE CONTROL 16 8.54.010 Purpose and Intent 17 (a) .It is the purpose and intent of these regulations to establish community-wide noise standards. It is further the purpose of these regulations to recognize that the existence of excessive noise within the City is a condition which is detrimental to the health, safety, welfare, and quality of life of the citizens and shall be regulated in the public interest. In furtherance of the foregoing purpose, it is found and declared as follows: 18 19 (b) 1. The making, creation, or maintenance of such loud, unnecessary, unnatural, or unusual noises that are prolonged, unusual, annoying, disturbing and unnatural in their time, place, and use are a detriment to public health, comfort, convenience, safety, general welfare, and the peace and quiet of the City and its inhabitants; and The public interest and necessity of the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of, and for the purpose of, securing and promoting the public health, comfort, convenience, safety, general welfare and property, and the peace and quiet of the City and its inhabitants. 2. 1 1 8.54.020 Prohibited Acts. . 2 It shall be unlawful for any person to engage in the following activities: 3 A. Sounding any horn or signal device on any automobile, motorcycle, bus, or other motor vehicle in any other manner or circumstances or for any 4 other purpose than required or permitted by the California Vehicle Code, or other laws, for an unnecessary or unreasonable period of time; 5 B. Racing the engine of any motor vehicle while the vehicle is not in motion, 6 except when necessary to do so in the course of repairing, adjusting, or testing the same. 7 C. Operating or permitting the use of any motor vehicle on any public right- 8 of-way or public place or on private property within a residential zone for which the exhaust muffler, intake muffler, or any other noise abatement 9 device has been modified or changed in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle 10 as originally manufactured. 11 D. Using, operating, or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, or other sound 12 amplification or production equipment for producing or reproducing sound in such a manner as to disturb the peace, quiet, or comfort of neighboring 13 persons, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle, 14 or other enclosure in which such machine or device is operated, and who . are voluntary listeners thereto and that is: 15 l. Plainly audible across property boundaries; 16 2. Plainly audible through partitions common to two residences 17 within a building; 18 3. Plainly audible at a distance of 50 feet in any direction from the source of the music or sound between the hours of 8:00 a.m.laIld 19 10:00 p.m.; or 20 4. Plainly audible at a distance of 25 feet in any direction from the source of the music or sound between the hours of I 0:00 p.m. and 21 8:00 a.m. 22 E. The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or any motor vehicle burglar 23 alarm, except for emergency purposes or for testing, unless such alarm is terminated within fifteen minutes of activation. 24 F. Yelling, shouting, whistling, or singing in a loud and boisterous manner 25 on the public streets so as to disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel, or other type of residence, or 26 neighborhood. . 27 G. The keeping of any animal, fowl, or bird which by causing frequent or long continued noise disturbs the comfort, quiet, or repose of any person 28 or neighborhood. 2 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 N. 17 18 19 20 21 22 23 24 25 26 27 28 H. The unnecessary or excessive blowing of whistles, sounding ofhoms, ringing of bells, or use of signaling devices by operators of trains, motor trucks, and other transportation equipment. The creation of loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of any considerable number of persons or neighborhood. The doing of automobile, automotive body or fender repair work, or other work on metal objects and metal parts in a residential district so as to cause loud and excessive noise which disturbs the peace, quiet, and repose of any person occupying adjoining or closely situated property or neighborhood. The operation or use between the hours of I 0:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammers, derrick, stearn or electric hoist, power driven saw, or any other tool or apparatus, the use of which is attended by loud and excessive noise, except with the approval of the City. I. J. K. L. M. Creating excessive noise adjacent to any school, church, court, or library while the sarne is in use, or adjacent to any hospital or care facility, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating the presence of a school, institution of learning, church, court, or hospital. Making or knowingly and unreasonably permitting to be made any unreasonably loud, unnecessary, or unusual noise that disturbs the comfort, repose, health, peace and quiet, or which causes discomfort or annoyance to any reasonable person of normal. sensitivity. The characteristics and conditions that may be considered in determining whether this section has been violated include, but are not limited to, the following: I. 2. 3. 4. The level of noise; The level of background noise; The proximity of the noise to sleeping facilities; The nature and zoning of the areas within which the nOise emanates; 5. The density of the inhabitation ofthe area within which the noise emanates; 6. 7. 8. The time of day or night the noise occurs; The duration of the noise; Whether the noise is recurrent, intermittent, or constant; and 3 1 9. Whether the noise is produced by a commercial or noncommercial e activity. 2 3 8.54.030 Issuance of Written Notice and Impoundment 4 A. Any officer who encounters a violation of this section may issue a written notice to the Responsible Person demanding immediate abatement of the violation. The 5 written notice shall inform the recipient that a second violation of the same provision within a seventy two (72) hour period may result in the issuance of a 6 criminal citation, the imposition of criminal and civil penalties, and confiscation and impoundment, as evidence, of the components that are amplifYing or 7 transmitting the prohibited noise. 8 I. Responsible Person means (a) any person who owns, leases, or is lawfully in charge of the property or motor vehicle where the noise violation takes 9 place, or (b) any person who owns or controls the source of the noise or violation. If the Responsible Person is a minor, then the parent or 10 guardian who has custody of the child at the time of the violation shall be the Responsible Person who is liable under this chapter. 11 B. Any officer who encounters a second violation of this chapter within a seventy 12 two (72) hour period following the issuance of a written notice is empowered to confiscate and impound, as evidence, any or all of the components amplifYing'or 13 transmitting the sound. The immediate confiscation of a motor vehicle to which a component is attached may be made if the same may not be removed without 14 causing harm to the vehicle or component. e 15 C. Any person claiming legal ownership of the items confiscated and impounded under this chapter may request the return of the item by filing a written request 16 with the police department within seven (7) calendar days of the confiscation. Such requests shall be processed in accordance with the procedures adopted by the 17 department. 18 8.54.040 Cost Recovery for Second Response I 19 A. Whenever any officer issues a written notice to a responsible person to discontinue a noise violation, the Responsible Person shall be liable for the actual cost of each 20 subsequent response required to abate the violation within seventy two (72) hours of the issuance of the written warning. 21 B. The bill for the response charge shall be served upon the Responsible Person 22 within thirty (30) days after the violation. If the Responsible Person has no last known business or residence address, the location of the violation shall be deemed 23 to be the proper address for service. The bill shall include a notice of the right of the person being charged to request a hearing to dispute the imposition of the 24 response charge or the amount of the charge. 25 C. The response charge shall be deemed to be a civil debt to the City. 26 8.54.050 Controlled Hours of Operation e 27 It shall be unlawful for any person to engage in the following activities other than between 28 the hours of8:00 a.m. and 8:00 p.m. in residential zones and other than between the hours of7:00 4 . e e 1 a.m. and 8:00 p.m. in all other zones: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 8.54.060 A. B. Operate or permit the use of powered model vehicles and planes. Load or unload any vehicle, or operate or permit the use of dollies, carts, forklifts, or other wheeled equipment that causes any impulsive sound, raucous, or unnecessary noise within one thousand (1,000) feet of a residence. Operate or permit the use of domestic power tools, or machinery or any other equipment or tool in any garage, workshop, house, or any other structure. c. D. Operate or permit the use of gasoline or electric powered leaf blowers, such as commonly used by gardeners and other persons for cleaning lawns, yards, driveways, gutters, and other property. Operate or permit the use of privately operated street/parking lot sweepers or vacuums, except that emergency work and/or work necessitated by unusual conditions may be performed with the written consent of the City Manager. Operate or permit the use of electrically operated compressor, fan, and other similar devices. E. F. G. Operate or permit the use of any motor vehicle with a gross vehicle weight rating in excess often thousand (10,000) pounds, or of any auxiliary equipment attached to such a vehicle, including, but not limited to, refrigerated truck compressors for a period longer than fifteen (15) minutes in any hour while the vehicle is stationary and on a public right-of-way or public space except when movement of said vehicle is restricted by other traffic. H. Repair, rebuild, reconstruct, or dismantle any motor vehicle or other mechanical equipment or devices in a manner so as to be plainly audible across property lines. Exemptions 18 The following activities and noise sources shall be exempt from the provisions of this chapter: 19 A. The use of horns, sirens, or other signaling or warning devices by persons vested with legal authority to use the same, and in pursuit of their lawful duties, such as 20 on ambulances, fire, police, or othergovemmental or official equipment. 21 22 23 24 25 26 27 28 B. Such noises as are an accompaniment and effect of a lawful business, commercial or industrial enterprise carried on in an area zoned for that purpose, except where there is evidence that such noise is a nuisance and that such a nuisance is a result of the employment of unnecessary and injurious methods of operation. c. Activities conducted on the grounds of any public or private school during regular hours of operation. Outdoor gatherings, public dances, shows, and sporting and entertainment events provided said events are authorized by the City. E. Activities conducted at public spaces during regular hours of operation. D. F. Any mechanical devices, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, or work. 5 e e e 1 G. Construction, repair. or excavation necessary for the immediate preservation of life or property. 2 H. Construction. operation, maintenance. and repairs of equipment, apparatus. or facilities of park and recreation departments, public work projects, or essential public services and facilities, including, but not limited to, trash collection and those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission. 3 4 5 I. Construction, repair, or excavation work performed pursuant to a valid written agreement with the City, or any of its political subdivisions, which provides for noise mitigation measures. 6 7 J. Any activity to the extent that regulation thereof has been preempted by State or Federal law. 8 9 K. Sounds generated in connection with speech or communication protected by the United States Constitution or the California Constitution, except to the extent such sounds are subject to permissible time, place, and manner restrictions. 10 11 8.54.070 Disturbances from Construction Activity. 12 No person shall be engaged or employed, or cause any other person to be engaged or employed, in any work of construction, erection, alteration, repair, addition, movement, demolition, 13 or improvement to any building or structure except within the hours of 7 :00 a.m. and 8 :00 p.m. 14 8.54.080 Violation-Penalty 15 Any person violating any of the provisions of this Chapter is guilty of an infraction or a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this code. 16 17 8.54.090 Severability 18 The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, 19 and the remaining provisions shall continue in full force and effect. 20 21 22 23 24 25 26 27 28 6 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING e 2 CHAPTER 8.54 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING NOISE 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a regular meeting thereof, held on 6 the _ day of _, 2007 the following vote, to wit: e e 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 BAXTER 10 BRINKER 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 17 18 NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 19 The foregoing ordinance is hereby approved this _ day of 20 21 22 23 Approved as to form: 24 25 JAMES F. PENMAN, City\~torneY y a,,-J. ,\I~",-~ la.d 26 27 28 ,2007. PATRICK J. MORRIS, Mayor City of San Bernardino 7