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HomeMy WebLinkAbout29-City Attorney 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. ~ 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. t1 . 17 . ~ .~ {; ~')-"'" 7 j ~'- 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 10 11 1 2 ORDINANCE NO. 3 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: 8 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; 16 (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 22 unnecessary I I I I I I- I I I I I I I I I I I I 23 24 25 26 27 28 JFW:ss August 10, 1988 1 1 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 10 11 12 13 14 15 16 17 18 19 20 day 4 Bernardino, at a meeting held on the 5 of 19 , by the following vote, to wit: 6 AYES: Council Members 7 8 9 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 19 Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: cty~~ 21 22 23 24 25 26 27 28 JFW:ss August 10, 1988 2