HomeMy WebLinkAboutORD 1169ORDINANCE NO. 1169
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, AMENDING CHAPTER 9.24 NOISE CONTROL
WHEREAS, the City of Palm Desert is authorized to implement amendments to
its current ordinances; and
WHEREAS, Government Code Section 36937(b) authorizes the City Council to
adopt urgency ordinances that are effective immediately, when necessary, for the
immediate preservation of public peace, health and safety; and
WHEREAS, Government Code Section 36937(b) requires that urgency
ordinances be passed by four -fifths vote of the City Council; and
WHEREAS, all the legal prerequisites relating to the adoption of this Urgency
Ordinance have occurred;
NOW THEREFORE, the City Council hereby of the City of Palm Desert does
ordain as follows:
SECTION 1. The City Council hereby incorporates by reference the recitals of
this Urgency Ordinance and finds that the adoption of this Urgency Ordinance
amending Chapter 9.24 is immediately necessary to promote the immediate
preservation of the public peace, health, and safety because inadequately controlled
noise presents a growing danger to the immediate health and welfare of the City of
Palm Desert.
SECTION 2. Chapter 9.24 is amended as follows:
"9.24.010 PURPOSE.
The City Council finds and declares that:
A. Inadequately controlled noise presents a growing danger to the health and
welfare of the residents of the City of Palm Desert; and
B. The making and creation of excessive, unnecessary or unusually loud
noises within the limits of the City of Palm Desert is a condition that has existed for
some time, however, the extent and volume of such noises is increasing; and
C. The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud noises that are prolonged, unusual and unnatural in their
time, place and use affect and are a detriment to public health, comfort, convenience,
safety, welfare and prosperity of the residents of the City of Palm Desert; and
ORDINANCE NO. 1169
D. Every person is entitled to an environment in which the noise in not
detrimental to his life, health, or enjoyment of property; and
E. The necessity in the public interest for 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, welfare and prosperity
and the peace and quiet of the residents of the City of Palm Desert.
9.24.020 DEFINITIONS.
"A weighted sound level" means the sound pressure level in decibels as
measured on a sound level meter using the A -weighting network. The level to read is
designated db (A) or dBA.
"Ambient noise level" means 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.
"Amplified music" means instrumental and/or vocal music amplified through
electronic means.
"Average sound level" means a sound level typical of the sound levels at a
certain place during a given period of time; also, means an equivalent continuous sound
level.
"Commercial establishments" includes, but not limited to, any nightclub,
restaurant, sports bar, industrial, retail or business establishment or combination
thereof.
"Construction equipment" means any tools, machinery or equipment used in
connection with construction operations, including all types of "special construction"
equipment as defined in the pertinent sections of the California Vehicle Code when
used in the construction process on any construction site, home improvement site or
property maintenance site, regardless of whether such site be located on -highway or
off -highway.
"Cumulative period" means an additive period of time composed of individual
time segments which may be continuous or interrupted.
"Decibel" means a unit measure of sound level noise.
"Disturbance" means any disturbance of the peace as defined by Penal Code
Section 415 or as otherwise defined herein.
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ORDINANCE NO. 1169
"Disturbing, excessive or offensive noise" means any sound or noise from any
source in excess of the sound level or noise level set forth in Section 9.24.030.
"Emergency machinery," "vehicle" or "work" means 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.
"Fixed noise source" means a stationary device which creates sounds which are
fixed or motionless including but not limited to industrial and commercial machinery and
equipment, pumps, fans, compressors, generators, air conditions and refrigeration
equipment.
"Gathering" means any convergence of five or more persons.
"Impact noise" means the noise produced by the collision of one mass in motion
with a second mass which may be either in motion or in rest.
"Noise level" means the same as "sound level." The terms may be used
interchangeably herein.
"Peace officer" means a duly appointed officer of the City, as defined in Cal.
Penal Code, Ch. 4.5, §§ 830 et seq.
"Person" means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
"Portable powered blower" means any mechanically powered device, regardless
of the source of power, which is not stationary, and used for the purpose of blowing
leaves, dirt or other debris off sidewalks, lawns or other surfaces.
"Premises" means any real property or location at which a gathering may be
held.
"Sound level" (noise level) in decibels is the quantity measured using the
frequency weighting of A of a sound level meter as defined herein.
"Sound level meter" means an instrument meeting American National Standard
Institute's Standard SL. 4-1974 for type 1 or type 2 sound level meters or an instrument
and the associated recording and analyzing equipment which will provide equivalent
data.
ORDINANCE NO. 1169
9.24.030 Sound level limits as related to fixed noise sources.
A. Regardless of whether an objective measurement by sound level meter is
involved, it shall be unlawful for any person to make, continue, or cause to be made or
continued, within the city limits any disturbing excessive or offensive noise or vibration
which causes discomfort or annoyance to any reasonable person of normal sensitivity
residing in the area or that is plainly audible at a distance greater than 50 feet from the
sources point for any purpose. The following ten-minute average sound level limits,
unless otherwise specifically indicated, shall apply as indicated in the following table as
it relates to a fixed noise source or pool equipment pursuant to 25.16.110 or leaf
blowers pursuant to Section 9.24.075.
Zone
Residential -
AII Zones
Public Institutional Zone
Commercial zone
Manufacturing Industrial
Agricultural zone
Time
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m.
Applicable Ten -Minute
Average Decibel Limit
(A -weighted)
55
45
65
55
65
55
70
55
B. If the measured ambient noise level exceeds the applicable limit as noted
in the table in subsection A of this section, the allowable average sound level shall be
the ambient noise level. The ambient noise level shall be measured when the alleged
noise violation sources is not operating.
C. The sound level limit between two zoning districts shall be measured at
the higher allowable district.
9.24.040 Prohibited noise generally
A. It is unlawful for any person or property owner within the City of Palm
Desert to make, cause, or continue to make or cause, loud, excessive, impulsive or
intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities.
B. The factors, standards, and conditions that may be considered in
determining whether a violation of the provisions of this section has been committed,
include, but are not limited to, the following:
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ORDINANCE NO. 1169
1. The level of the noise;
2. The level and intensity of the background (ambient) noise, if any;
3. The proximity of the noise to residential or commercial sleeping
areas;
4. The nature, density and zoning of the area within which the noise
emanates;
5. The density of inhabitation of the area within which the noise
emanates;
6. The time of day and night the noise occurs;
7. The duration of the noise;
8. Whether the nature of the noise is natural or unnatural;
9. Whether the noise is constant, recurrent or intermittent;
10. Whether the noise is produced by a commercial or noncommercial
activity;
9.24.050 Disturbing, excessive, offensive noises ---- Declaration of certain
acts constituting.
The following activities are declared to be deemed disturbing, excessive or
offensive noises and any of the following shall constitute prima facie evidence of a
violation.
A. Horns, Signaling Devices, Muffler Systems, Car alarms, etc. Unnecessary
use or operation of horns, signaling devices, uncontrolled muffler noises, car alarms on
vehicles of all types, including motorcycles, and other equipment.
1. The operation of any such sound production or reproduction device,
radio receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plainly audible at a distance of 50 feet or more from the building, structure or vehicle in
which located, or from the source point.
2. The operation of any sound amplifier, which is part of, or connected to,
any radio, stereo receiver, compact disc player, cassette tape player, or other similar
device when operated in such a manner as to be plainly audible at a distance of 50 feet
from the source point or when operated in such a manner as to cause a person to be
aware of vibration at a distance of 50 feet or more from the source point.
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ORDINANCE NO. 1169
B. Uses restricted: the use, operation, or permitting to be played, used or
operated, any sound production or reproduction device, radio receiving set, musical
instrument, drums, phonograph, television set, loudspeakers and sound amplifiers or
other machine or device for the producing or reproducing of sound in such a manner as
to disturb the peace, quiet, and comfort of any reasonable person of normal
sensitiveness.
C. Prima Facie Violations: Any of the following shall constitute evidence of a
prima facie violation of this section:
1. The operation of any such sound production or reproduction device,
radio receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in such a manner as to be
plainly audible at a distance of 50 feet from the building, structure or vehicle in which
located, or from the source point.
2. the operation of any sound amplifier, which is part of, or connected to,
any radio, stereo receiver, compact disc player, cassette tape player, or other similar
device when operated in such a manner as to be plainly audible at a distance of 50 feet
from the source point or when operated in such a manner as to cause a person to be
aware of vibration at a distance of 50 feet from the source point.
D. Enforcement of Prima Facie Violations: Any peace office, as defined in
Cal. Penal Code, Ch. 4.5 §§ 830 et seq., and/or the city manager or his designees who
are authorized to enforce the provisions of this chapter and who encounters evidence of
a prima facie violation of this section whereby the component(s) amplifying or
transmitting the sound in such a manner as to disturb the peace, quiet, or comfort of any
reasonable person of normal sensitivity in any area of the city shall be empowered to
issue a citation and/or to confiscate and impound as evidence, any or all of the
components amplifying or transmitting the sound.
9.24.060 Special provisions — Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. School bands, school athletic and school entertainment events;
B. Outdoor gatherings, public dances, shows and sporting and entertainment
events; provided, the events are authorized by the city;
C. Activities conducted in public parks and public playgrounds;
D. Any mechanical device, apparatus or equipment used, related to or
connected with emergency machinery, vehicle or work;
E. All mechanical devices, apparatus or equipment which are utilized for the
protection or salvage of agricultural crops during periods of potential or actual frost
damage or other adverse weather conditions;
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ORDINANCE NO. 1169
F. Mobile noise sounds associated with agricultural operations provided such
operations do not take place between the hours of eight p.m. and seven a.m. on
weekdays, including Saturdays, or at any time on Sunday or a federal holiday;
G. Mobile noise sources associated with agricultural pest control through
pesticide application;
H. Noise Sources Associated with Property Maintenance. Refer to Section
9.24.075, "Property maintenance activities."
I. The provisions of this regulation shall not preclude the 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 those of public utilities subject to the regulatory jurisdiction of the California
Public Utilities Commission;
J. Carillon chimes between the hours of eight a.m. to seven p.m.
K. Noise sources associated with construction activities. Refer to 9.24.070,
"Construction activities."
9.24.070 Construction activities.
No person shall perform, nor shall any person be employed nor shall any person
cause any other person to be employed to work for which a building permit is required
by the city in any work of construction, erection, demolition, alteration, repair, addition to
or improvement of any building, structure, road or improvement to realty except
between the hours as set forth as follows:
October 1$` through April 30th
Monday through Friday: Seven a.m. to five -thirty p.m.
Saturday: Eight a.m. to five p.m.
Sunday: None
Government code holidays: None
May 1`` through September 30th
Monday through Friday: Six a.m. to seven p.m.
Saturday: Eight a.m. to five p.m.
Sunday: None
Government code holidays: None
Emergency work and/or unusual conditions may cause work to be permitted with
the consent of the city manager upon recommendation of the building director or the city
engineer.
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ORDINANCE NO. 1169
9.24.075 Property maintenance activities.
A. Noise sources associated with property maintenance activity and all
portable blowers, lawnmowers, edgers or similar devices shall be prohibited except
during the following hours:
October 1st through April 30th
Monday through Sunday: Nine a.m. to five -thirty p.m.
Government code holidays: Not allowed.
May 1st through September 30th
Monday through Friday: Eight a.m. to five -thirty p.m.
Saturday and Sunday: Nine a.m. to five -thirty p.m.
Government code holidays: Not allowed.
Notwithstanding the hours of permitted operations, such equipment that
constitutes a public nuisance may be abated as otherwise provided in this code.
With the exception of blowers, all maintenance activities associated with golf
courses and/or tennis courts can operate from five -thirty a.m. to seven p.m., seven days
a week.
B. No person shall willfully make or continue, or willfully cause to be made or
continued, any noise from any portable powered blower at a level which exceeds
seventy decibels dBA measured at the midpoint of a wall area twenty feet long and ten
feet high and at the horizontal distance fifty feet away from the midpoint of the wall, or
not more than seventy-six decibels dBA at a horizontal distance of twenty-four feet
using a sound level meter.
C. No portable powered blower shall be operated in a manner which will
permit dirt, dust, debris, leaves, grass clippings, cuttings, or trimmings from trees or
shrubs to be blown or deposited onto neighboring property or public right-of-way. All
waste shall be removed and disposed of in a sanitary manner by the use or property
occupant.
D. Leaf blowers shall not be operated within a horizontal distance of ten feet
of any operable window, door, or mechanical air intake opening or duct.
9.24.080 Refuse and waste collection hours.
The city contractor for collection of refuse and waste shall be authorized to
provide service as indicated in the following table:
A. Commercial.
1. Collection during winter months shall be between six a.m. and six
p.m.
2. Collection during summer months shall be between five -thirty a.m.
and six p.m.
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ORDINANCE NO. 1169
B. Residential.
1. Collection during winter months shall be between six -thirty a.m. and
six P.M.
2. Collection during summer months shall be between five -thirty a.m.
and six p.m.
9.24.090 Schools, hospitals and churches —Special provisions.
It is 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 subsection A of Section 9.24.030, prescribed for the assigned noise zone in
which the school, hospital or church is located, or which noise level unreasonably
disturbs or annoys patients in the hospital.
9.24.100 Air conditioning, refrigeration and pool equipment.
The noise standards enumerated in Section 9.24.030 shall be increased by 8dBA
when the alleged offensive noise source is an air conditioning or refrigeration system or
associated equipment which was installed prior to the effective date of the ordinance
codified in this chapter. Installation of new equipment must be certified to be within the
provisions of this chapter. Installation of new equipment must be certified to be within
the provisions of this chapter for night and day operation noise level.
9.24.110 Noise level measurement.
A. The location selected for measuring exterior noise levels between
residential properties shall be at the property line of the affected residential property.
Affected residential property shall be the address from which the complaint was
received. Interior noise measurement shall be made within the affected residential unit.
The measurement shall be made at a point at least four feet from the wall, ceiling or
floor nearest the noise source.
The location selected for measuring exterior noise levels between non-residential
properties shall be at the property line of the affected property.
B. The location selected for measuring exterior noise levels between two
zoning districts shall be at the boundary of the two districts.
9.24.120 Interference with authorized personnel is prohibited.
No person shall interfere with, oppose or resist any authorized person charged
with enforcement of this chapter while such person is engaged in the performance of his
duty.
9.24.130 [Deleted]
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ORDINANCE NO. 1169
9.24.140 Pre-existing noise source — Time extension.
Those commercial and/or industrial noise sources in existence prior to the date of
adoption of the ordinance codified in this chapter, which noise sources are an integral
part of a building, structure or similar fixed and permanent installation if in compliance
with local zoning structures, shall be granted a three-year period from the date of
adoption with which to comply with the provisions of the chapter. If, at the end of the
three-year period, it can be shown that compliance with the provisions herein
constitutes a hardship in terms of technical and economic feasibility, the time to comply
may be extended on an annual basis until such time as compliance may be affected.
9.24.150 Violation — Infractions
Any person violating any of the provisions of this chapter shall be deemed guilty
of an infraction.
9.24.160 Continuing or subsequent violations — Misdemeanor
Any person having been convicted of a violation of any provisions of this chapter
who thereafter commits a violation of the same provisions of this chapter shall be guilty
of a misdemeanor.
9.24.170 Severability
If any provision of this chapter is held to be unconstitutional or otherwise invalid
by any court of competent jurisdiction, the remaining provisions of this chapter shall not
be invalidated."
SECTION 3. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance complies with the "City of Palm Desert -Procedure for
Implementation of California Environmental Quality Act, Resolution No. 02-60", in that
pursuant to Section 3.07, the ordinance is exempt because there is no possibility that
the adoption of the ordinance will have any significant negative effect on the
environment.
SECTION 4. SEVERABILITY
If any provision of this Urgency Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Urgency Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Urgency Ordinance are
severable. The City Council hereby declares that it would have adopted this Urgency
Ordinance irrespective of the invalidity of any particular portion thereof.
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ORDINANCE NO. 1169
SECTION 5. ADOPTION
This Urgency Ordinance, as adopted by the necessary four -fifths (4/5) vote of the
members of this City Council, pursuant to Government Code Sections 36934 and 36937
shall take effect immediately upon its adoption.
SECTION 6. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this Urgency Ordinance once within fifteen (15) days of adoption in the Desert Sun, a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall post a certified copy of this Urgency Ordinance, including the vote
for and against the same, in the Office of the City Clerk in accordance with Government
Code § 36933.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 20th day
of November, 2008, by the following vote, to wit:
AYES: FINERTY, KELLY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
Ile-v- _e"
JEAN IVI. BENS O , AYOR
ATTEST:
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APPROVED -AS TO FORM:
Best BestCB,lKrieger LLP, City Attorney
City of Palm Desert, California
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