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HomeMy WebLinkAboutOrd 1126 Noise Control - Urgency and RegularCITY OF PALM DESERT COMMUNITY SERVICES DIVISION CITY CLERK OPERATIONS INTEROFFICE MEMORANDUM To: Honorable Mayor and Members of the City Council Carlos L. Ortega, City Manager From: City Clerk Date: July 10, 2006 Subject: NOISE CONTROL ORDINANCES - URGENCY AND REGULAR City Attorney Dave Erwin has asked that the attached Ordinances, Nos. 1125 and 1126, be added to the July 13, 2006, Regular City Council Meeting Agenda for introduction on No. 1126 and adoption of No. 1125 for the purposes set forth therein. • Ordinance No. 1125 is an Urgency Ordinance for your immediate adoption. • Ordinance No. 1126 is an ordinance for introduction July 13 and adoption at the August 24 meeting. The ordinances are being provided at this time for your consideration and action, as opposed to deferring them to the August 24, 2006, Regular City Council Meeting, as was indicated in Senior Management Analyst Martin Alvarez's "Noise Ordinance Modification Update" memo attached to the continued South Beach item. Please also note that the attached ordinances provide a more stringent time limit control than that proposed in Mr. Alvarez's memo. Mr. Erwin will be available to answer specific questions about the matter. - . CH LLE D. KLASSECMC CITY CLERK DJE:rdk Attachments (as noted) H:1WPdata\WPDOCS1Memoslnoise ord mem.wpd ORDINANCE NO. 1126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA MODIFYING SECTION 9.24.030 OF THE NOISE CONTROL ORDINANCE. 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 one half-hour average sound level limits, unless otherwise specifically indicated, shall apply as indicated in the follow table: Applicable Limit One -Half Zone Time Hour Average Sound Level Decibels Residential — All zones 7 a.m. to 10 p.m. 55 10 p.m. to 7 a.m. 45 Commercial Zone 7 a.m. to 10 p.m. 65 10 p.m. to 7 a.m. 55 Manufacturing Industrial 7 a.m. to 10 p.m. 70 Agricultural Zone 10 p.m. to 7 a.m. 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 in is not operating. C. The sound level limit between two zoning districts shall be measured at the higher allowable district. D. For noise sources consisting of music or music in combination with other noise, the C-Weighted level after 10:00 P.M. shall not be more than three decibels higher than 40 dBA Leq over any ten (10) minute period." Section 2: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, printed and published within the County of Riverside, and circulated within said City. / / / /// /// RMPUB\DER W IN\271863.1 7/10/06 ORDINANCE NO. 1126 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held this day of , 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA JIM FERGUSON, MAYOR RMPUB\DER W IN'\271863.1 7/10/062 2