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HomeMy WebLinkAboutORD 420ORDINANCE NO. 420 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.24 TO TITLE 9 OF THE CODE OF THE CITY OF PALM DESERT TO BE KNOWN AS THE NOISE CONTROL ORDINANCE, AND DELETING CHAPTER 15.28 OF TITLE 15 OF THE CODE OF THE CITY OF PALM DESERT. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 9.2.4.010 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; B. The making and creating of disturbing, excessive, or of- fensive noises within the jurisdictional limits of the City of Palm Desert is a condition which has persisted, and the level and frequency of occurrences of such noises continue to increase; C. The making, creation, or continuance of such excessive noises, which are prolonged or unusual in their time, place and use, affect and are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the City of Palm Desert; D. Every person is entitled to an environment in which the noise is 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 to be a matter of Council 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, prosperity, peace and quiet of the City of Palm Desert and its citizenry. SECTION 9.24.020 DEFINITIONS. A. A -weighted sound level shall mean 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. B. 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. C. Construction equipment shall mean any tools, machin- ery, 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 improve- ment site or property maintenance site, regardless of whether such site be located on -highway or off -highway. D. Cumulative period shall mean an additive period of time composed of individual time segments which may be continuous or interrupted. E. Decibel shall mean a unit measure of sound level noise. F. Disturbing, excessive or offensive noise shall mean any sound or noise from any source in excess of the sound level or noise level set forth in Section 9.24.030. G. Emergency machinery, vehicle or work shall mean any ma- chinery, 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. -2- H. Fi562d'ifbdi3e source shall mean a stationary device which creates sounds which are fixed or motionless including but not limited to industrial and commercial machinery and equipment, pumps, fans, com- pressors, generators, air conditioners and refrigeration equipment. I. Impact noise shall mean the noise produced by the col- lision of one mass in motion with a second mass which may be either in motion or rest. J. :Mobile noise source shall mean any noise source other than fixed noise source. K. Noise level shall mean the same as 'sound level'. The terms may be used interchangeable herein. L. Persons shall mean a person, firm, association, co- partnership, joint venture, corporation, or any entity, public or private in nature. M. Simple tone noise shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinquished. N. Sound level (noise level) in decibels is the quantity measured using the frequency weighting of A of a sound level meter as defined herein. 0. Sound level meter shall mean 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 re- cording and analyzing equipment which will provide equivalent data. SECTION 9.24.030 Sound Level Limits. A. The following sound level limits, unless otherwise speci- fically indicated, shall apply as indicated in the following table: -3- LAND USE ZONE TIME OF DAY 1. Residential 7AM to 7PM all zones 7PM to 1OPM 1OPM to 7AM 2. All commercial 3. Manufacturing and Industrial and Agricultural 7AM to 7PM 7PM to IOPM 1OPM to 7AM 7AM to 6PM 6AM to IOPM IOPM to 7AM SOUND LEVEL (A -WEIGHTED) DECIBELS 50 45 40 65 60 55 70 60 55 B. It shall be unlawful for any person at any location with- in the City, to create any noise which can be classified as being continuous, recurring, predicatable, or whose operations or noise generating capabilities can be stopped or started at a specified time, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property to exceed the cumulative period of time as indicated in the following table: DURATION OF SOUND More than 30 minutes up to 30 minutes per hour up to 15 minutes per hour up to 10 minutes per hour up to 5 minutes per hour up to 2 minutes per hour up to 1 minute per hour up to 30 seconds per hour up to 15 seconds per hour dB(A) ALLOWANCE 0 +3 +6 +8 +11 +15 +18 +21 +24 C. In the event the ambient noise level exceeds any of the (3) noise limit categories, designated in subsection A of this section, the cumulative period applicable to said category shall be increased to reflect the ambient noise level. Furthermore, the maximum permissible noise level shall never exceed the maximum ambient noise level. D. Each of the noise limits specified in Subsection B shall be reduced by five dB(A) for impact or simple tone noises, or for noises con- sisting of speech or music. NE43 SECTION 9.24.040 General Prohibitions. It shall be unlawful for any person to make, continue, or cause to be made or continued, within the limits of this City any dis- turbing excessive or offensive noise which causes discomfort or annoy- ance to any reasonable person of normal sensitiveness residing in the area. SECTION 9.24.045 Noise Measurement Procedure. Upon receipt of a complaint from a citizen, or a request to investigate, the enforcement agent, equipped with sound level measurement equipment, may investigate the complaint. The investigation shall consist of measurement(s) and the gathering of data to adequately define the noise problem and shall include the following: (a) Type of noise source; (b) Location of noise source relative to complaintant's property; (c) Time period during which noise source is considered by complainant to be intrusive; (d) Total duration of noise produced by noise source; (e) Date and time of noise measurement survey. SECTION 9.24.050 Disturbing, Excessive, Offensive Noises - Declaration of Certain Acts Constituting. The following activities, annoying others, are declared to cause disturbing, excessive or offensive noises in violation of this section but said enumeration shall not be deemed to be exclusive, namely: A. Horns, Signaling Devices, Muffler Systems etc. Unnecessary use or operation of horns, signaling devices, uncontrolled muffler noises on vehicles of all types, including motor- cycles, and other equipment. B. Radios. Television Sets, Phonographs, Loud Speakin Amplifiers and Similar Devices. 1. Uses Restricted: The use, operation, or permitting to be played, used, or operated, any sound production or reproduction de- vice, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers and sound amplifiers or other machine or device for the produc- ing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of any reason- able person of normal sensitiveness. 2. Prima Facie Violations: The operation of any such set, instrument, phonograph, television set, machine, loud speaker or similar device between the hours of 10:00 P.M. and 8:00 A.M. in such a manner as to be plainly audible from the property line, shall be prima facie evidence of a violation of this section. SECTION 9.24.060 Special Provisions The following activities shall be exempted from the provisions of this chapter: events. A. School bands, school athletic and school entertainment B. Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are authorized by the City. grounds. C. Activities conducted in public parks and public play- D. Anv mechanical device, apparatus or equipment used, re- lated to or connected with emergency machinery, vehicle or work. E. All mechanical devices, apparatus or equipment which are utilized for the protection or salavage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. F. Mobile noise sounds associated with agricultural opera- tions provided such operations do not take place between the hours of 8:00 P.M. and 7:00 A.M. on weekdays, including Saturdays, or at anytime on Sunday or a federal holiday. -6- G. Mobile noise sources associated with agricultural pest control through pesticide application. H. Noise sources associated with property -maintenance in- cluding gardeners, sweeper services, but not limited to, proivded such activities take place between the hours of 7:00 A.M. and 8:00 P.M. on any day except Sundays or federal holidays, or between the hours of 9:00 A.M. and 8:00 P.M. on Sundays or a federal holiday. 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 Cal- ifornia Public Utilities Commission. gPCTTnN 4 _ ?& n7n rnnctrirrH nn HnvirQ No person shall be employed nor shall any person cause any other person to be employed to do work for whcih a building permit is required by the City.in any work of construction, erection, alteration, repair, adition to, or improvement of any building, structure, road or improvement to realty except between the hours as set forth as follows: OCTOBER 1ST THROUGH APRIL 30TH Monday - Friday: 7:00 A.M. to 5:30 P.M. Saturday: 8:00 A.M. to 5:00 P.M. Sunday: NONE Government Code Holidays: NONE MAY 1ST THROUGH SEPTEMBER 30TH Monday - Friday: 6:00 A.M. to 7:00 P.M. Saturday: 8:00 A.M. to 5:00 P.M. Sunday: NONE Government Code Holidasy: 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. SECTION 9.24.080 Refuse & Waste Collection Hours. The City Contractor for collection of refuse and waste shall be authorized to provide service as indicated in the following table: COMMERCIAL: 1. Collection during winter months shall be between 6:00 A.M. and 6:00 P.M. 2. Collection during summer months shall be between 5:30 A.M. and 6:00 P.M. RESIDENTIAL: 1. Collection during winter months shall be between 6:30 A.M. and 6:00 P.M. 2. Collection during summer months shall be between 5:30 A.K. and 6:00 P.M. SECTION 9.24.090 Schools, Hospitals and Churches-S ecial 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 9.24.030 (A) prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably inter- feres with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital. SECTION 9.24.100 Air Conditioning, Refrigeration and Pool Equipment. The noise standards enumerated in Section 9.24.030 shall be increased by 8dB(A) 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 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. SECTION 9.24.110 Noise Level Measurement. The location selected for measuring exterior noise levels 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 (4) feet from the wall, ceiling, or floor nearest the noise source. SECTION 9.24.120 Interference of Authorized Personnel is Prohibited. No person shall interfere with, oppose or resist any author- ized person charged with enforcement of this chapter while such person is engaged in the performance of his duty. -8- SECTION 9.24.130 Appeals. The owner or operator of a noise source which violates may of the provisions of this chapter must comply immediately, but may file an appeal to the City Council within ten (10) days from date of mailing of notice of violation. Such appeal shall be in writing and shall be filed with the City Clerk. At a regular meeting not more than thirty (30) days thereafter, the City Council shall proceed to hear and pass upon the appeal. The decision of the City Council thereafter shall be final and conclusive. SECTION 9.24.140 Pre-existing Noise Source. 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 (3) year period from the date of adoption with which to comply with the provisions of the chap- ter. If, at the end of the three (3) year period, it can be shown than 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. SECTION 9.24.150 Infractions. Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction. SECTION 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. CHAPTER 9.24.170 Severability. If any provisions of this chapter is held to be unconsti- tutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. SEC= Y.Z4.180 Clerks Certification. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation printed, published and circulated in the City of Palm Desert and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this 14th day of March , 1935, by the following vote: AYES: JACKSON, KELLY, WILSON AND SNYDER NOES: NONE ABSENT: BENSON ABSTAIN: NONE ATTEST: SHEILA R. GILLDGAN, CITY/CLERK City of Palm-I)esert, CaYifornia WALTER H. SNYDER, MAYOR City of Palm Desert, California -10-