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HomeMy WebLinkAboutNS-1441EJC:adg 8/1/78 ORDINANCE NO. NS-1441 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE VI OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOISE CONTROL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION I: That Article VI of Chapter 18 of the Santa Ana Municipal Code is hereby a~ended to read as follows: ARTICLE VI. NOISE CONTROL Section 18-308. Declaration of Policy In order to control unnecessary, excessive and annoying sounds emanating from areas of the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this article. It is determined that certain sound levels are detri- mental to the public health, welfare and safety, and contrary to public interest. Section 18-309. Definitions The following words, phrases and terms as used in this article shall have the meaning as indicated below: "Ambient noise level" shall mean the all- encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate' time at which a comparison with the alleged offensive noise is to be made. "Cumulative period" shall mean an additive period of time composed of individual time segments which may be continuous or inter- rupted. "Decibel (dB)" shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio. "Dwelling unit" shall mean a single unit pro- viding complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cook- ing and sanitation. "Emergenc~ machinery, vehicle or work" shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. ORDINANCE NO. NS- 1441 PAGE TWO "Fixed noise source" shall mean a stationary device which creates sounds while fixed or motionless, including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, gener- ators, air conditioners and refrigeration equipment. "Grading" shall mean any excavating or fill- ing of earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon. "Impact noise" shall mean the noise produced by the collision of one mass which may be either in motion or at rest. "Mobile noise source" shall mean any noise source other than a fixed noise source. "Noise level" shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow re- sponse with a reference pressure of twenty (20) micronewtons per square meter. The unit of measurement shall be designated as dB (A). "Person" shall mean a person, firm, associa- tion, copartnership, joint venture, corp- oration or any entity, public or private in nature. "Residential property" shall mean a parcel of real property which is developed and used either in part or in whole for resi- dential purposes, other than transient uses such as hotels and motels. "Simple tone noise" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. "Sound level meter" shall mean an instrument meeting American National Standard Insti- tute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Sound pressure level"of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicity stated. ORDINANCE NO. NS-1441 PAGE THREE Section 18-310. Noise Level Measurement Criteria Any noise level measurements made pursuant to the provisions of this article shall be performed using a sound level meter as defined in section 18-309. Section 18-311. Designated Noise Zone The entire City of Santa Ana is hereby designated as "Noise Zone 1." Section 18-312. Exterior Noise Standards (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: NOISE STANDARDS Noise Zone Noise Level Time Period 55 dB(A) 7:00 a.m.- 10:00 p.m. 50 dB(A) 10:00 p.m.- 7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or ahy combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any location within the City of Santa Aha to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: (1) The noise standard for a cumulative period of more than thirty (30) minutes in any hour; or (2) dB(A) than The noise standard plus five (5) for a cumulative period of more fifteen (15) minutes in any hour; or (3) dB(A) than The noise standard plus ten (10) for a cumulative period of more five (5) minutes in any hour; or (4) (15) more The noise standard plus fifteen dB(A) for a cumulative period of than one (1) minute in any hour; or (5) The noise standard plus twenty (20) d~.(A) for any period of time. ORDINANCE NO. NS-1441 PAGE FOUR (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period ap- plicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. Section 18-313. Interior Noise Standards (a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: INTERIOR NOISE STANDARDS Noise Zone Noise Level Time Period 1 55 dB (A) 45 dB (A) 7:00 a.m.- 10:00 p.m. 10:00 p.m.- 7:00 a.m. In the event the alleged offensive noise con- sists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occu- pied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential property, to exceed: (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or (2) The interior noise standard plus five (5) dB(A) for a cumulative period of more than one (1) minute in any hour; or (3) The interior noise standard plus ten (10) dB(A) for any period of time. (c) In the event the ambient noise level ex- ceeds either of the first two (2) noise limit categories above, the cumulative period appli- cable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. ORDINANCE NO. NS-1441 PAGE FIVE Section 18-314. Special Provisions The following activities shall be exempted from the provisions of this article: (a) Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college. (b) Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a license issued by the City of Santa Ana. (c) Activities conducted on any park or play- ground, provided such park or playground is owned and operated by a public entity. (d) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work. (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a Federal holiday. (f) Ail mechanical devices, apparatus or equip- ment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. (g) Mobile noise sources associated with agri- cultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a Federal holiday. (h) Mobile noise sources associated with agri- cultural pest control through pesticide applica- tion, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agri- cultural Commissioner. (i) Noise sources associated with the mainten- ance of real property, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a Federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a Federal holiday. (j) Any activity to the extent regulation thereof has been preempted by State or Federal law. ORDINANCE NO. NS- i441 PAGE SIX Section 18-315. Schools, Hospitals and Churches; Special Provisions It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in section 18-312 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospi- tal, provided conspicuous signs are displayed in three (3) separate locations within one-tenth of a mile of the institution indicating the presence of a school, church or hospital. Section 18-316. Air Conditioning and Refrigeration; Special Provisions During the five-year period following the effective date of this article, the noise standards enumerated in sections 18-312 and 18-313 shall be increased eight (8) dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equip- ment which was installed prior to the effective date of this article. Section 18-317. Noise Level Measurement The location selected for measuring exterior noise levels shall be at any point on the affected property. Inte~ rior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open. Section 18-318. Manner of Enforcement The Chief of Police, the Orange County Health Officer and their duly authorized representatives are directed to enforce the provisions of this article. The Chief of Police, the Orange County Health Officer and their duly authorized representatives are authorized, pursuant to Penal Code section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence. No person shall interfere with, oppose or re- sist any authorized person charged with the enforcement of this article while such person is engaged in the per- formance of his duty. Section 18-319. Variance Procedure The owner or operator of a noise source which violates any of the provisions of this article may file an application with the Orange County Health Officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance ORDINANCE NO. NS- 1441 PAGE SEVEN cannot be achieved, a proposed method of achieving compli- ance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee as estab- lished by resolution of the City Council. A separate application shall be filed for each noise source; provided however, that several mobile sources under common owner- ship, or several fixed sources on a single property may be combined into one (1) application. Upon receipt of said application and fee, the Health Officer shall refer it with his recoK~endation thereon within thirty (30) days to the Orange County Noise Variance Board for action thereon in accordance with the provisions of applicable law. An applicant for a variance shall remain subject to prosecution under the terms of this article until a variance is granted. Section 18-320. Appeals Within fifteen (15) days following the decision of the Orange County Variance Board on an application, the applicant, the Health Officer, or any member of the City Council, may appeal the decision to the City Council by filing a notice of appeal with the Secretary of the Orange County Variance Board. In the case of an appeal by the applicant for a variance, the notice of appeal shall be accompanied by a fee to be computed by the Secretary of the Orange County Variance Board on the basis of the esti- mated cost of preparing the materials required to be for- warded to the City Council as discussed hereafter. If the actual cost of such preparation differs from the estimated cost appropriate payments shall be made either to or by the Secretary of the Orange County Variance Board. Within fifteen (15) days following receipt of a notice of appeal and the appeal fee,the Secretary of the Variance Board shall forward to the City Council copies of the application for variance; the recommendation of the Health Officer; the notice of appeal; all evidence concern- ing said application received by the Variance Board and its decision thereon. In addition, any person may file with the Clerk of the City Council written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon. The Clerk of the City Council shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten (10) days prior to the hearing date. Within sixty (60) days following its receipt of the notice of appeal, the City Council shall either affirm, modify or reverse the decision of the Variance Board. Such decision shall be based upon the City Council's evaluation of the matters submitted to the City Council in light of the powers conferred on the Variance Board and the factors to be con- sidered, both as enumerated in section 18-319 and Orange County Ordinance section 4-6-13. As part of its decision, the City Council may direct the Variance Board to conduct further proceedings on said application. Failure of the City Council to affirm, modify or reverse the decision of the Variance Board within said sixty-day (60) period shall constitute an affirmance of the decision. ORDINANCE NO. NS-144I PAGE EIGHT Section 18-321. Violations; Misdemeanors Any person Violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this article shall not be con- strued as permitting conduct not prescribed herein and shall not affect the enforceability of any other applic- able provisions of law. SECTION II: 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 portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portion thereof irre- spective of the fact that any one or more sections, sub- sections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION III: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and ob- ligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 21st day of August , 1978, by the following vote: AYES: COUNCILMEN: Ward, Brandt, 0rtiz, Yamamoto, Evans, Garthe NOES: COUNCILMEN: None ATTEST: ABSENT: COUNCILMEN: '~~ MAYOR APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY