HomeMy WebLinkAboutORD 1246ORDINANCE NO. 1246
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 9.24.030, 9.24.040 AND 9.24.100 OF THE CODE OF THE
CITY OF PALM DESERT, CALIFORNIA — DEALING WITH NOISE
CONTROL
The City Council of the City of Palm Desert, California does hereby ordain as follows:
SECTION 1.
That Section 9.24.030 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
" Section 9.24.030 Sound level limits
A. 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 Section 25.16.110 or leaf blowers
pursuant to Section 9.24.075.
Zone Time Applicable Ten -Minute Average
Residential — All Zones 7 a.m. to 10 p.m.
10 p.m. to 7 a.m.
Public Institutional 7 a.m. to 10 p.m.
10 p.m. to 7 a.m.
Commercial 7 a.m. to 10 p.m.
10 p.m. to 7 a.m.
Manufacturing/Industrial 7 a.m. to 10 p.m.
Agricultural
10 p.m. to 7 a.m.
Decibel Limit (A -Weighted)
55
45
65
55
65
55
70
55
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ORDINANCE NO. 1246
B. If the measured ambient noise level exceeds the applicable limit as noted
a"
in the table in subsection A of this section, the allowable average sound level shall be
the ambient noise level
C. The sound level limit between two zoning districts shall be measured at
the higher allowable district."
SECTION 2.
That Section 9.24.030 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 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 W"
intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities of a `NN
distance of greater than fifty (50) feet from property line.
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:
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; 0"
6. The time of day and night the noise occurs; No
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ORDINANCE NO. 1246
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."
SECTION 3.
That section 9.24.100 of the Code of the City of Palm Desert, California be and
the same is hereby amended to read as follows:
"Section 9.24.100 Air Conditioning and Refrigeration 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 December 1,
1985. Installation of new equipment must be certified to be within the provisions of this
chapter for night and day operation noise level."
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 27T" day
of September, 2012, by the following vote, to wit:
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. PI G ,
ATTEST:
RACHELLE D. KLASSEN—City Clerk
City of Palm Desert, California
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