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HomeMy WebLinkAboutORD No. 1146 ORDINANCE NO. 1146 AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT AMENDING CHAPTER 9.24 NOISE CONTROL 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, Govemment Code Section 36937(b) requires that urgency ordinances be passed by four-fifths vote of the City Council; NOW THEREFORE, the City Council of the City of Palm Desert does ordain as follows: SECTION 1. The City Council finds that the adoption of an urgency ordinance amending Chapter 9.24 is necessary because inadequately controlled noise presents a growing danger to the 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 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 RMBUS�DERWIM2893A8.1 ORDINANCE NO. 1146 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" means any nightclub, restaurant, sports bar, industrial, retail or business establishment or combination thereof but not limited to. "Construction equipmenY' 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. "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 wortc 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. 2 ORDINANCE NO. 1146 "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. "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 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. (Ord. § 1, 1997; Ord. 691 § 1, 1992; Ord. 420 (part), 1985). 9.24.030 Sound level limi�s as related to fixed noise sources. A. The following ten-minute average sound level limits, unless othenivise 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. Applicable Ten-Minute Average Decibel Limit Zone Time (A-weighted) Residential- 7 a.m. to 10: p.m. 55 All Zones 10:00 p.m. to 7 a.m. 45 Commercial zone 7 a.m. to 10 p.m. 65 10 p.m. to 7 a.m. Manufacturing Industrial 7 a.m. to 10 p.m. 70 Agricultural zon 10 p.m. to 7 a.m. 55 3 ORDINANCE NO. 1146 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.Q40 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: 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; 4 ORDINANCE NO. 1146 11. Whether the use is lawful under the provisions of Title 9 of this Code and whether the noise is one that could reasonably be expected from the activity or allowed use 9.24.050 Disturbing, excessive, offensive noises --- Decla�ation 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. Homs, Signaling Devices, Muffler Systems, Car alarms, etc. Unnecessary use or operation of homs, 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 reoeiver, 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. 9.24.160 Continuing or subsequent violations- Misdemeanor Any person having committed a violation of any provisions of this chapter shall be guilty of a misdemeanor upon the issuance of a third citation." 5 ORDINANCE N0. 1146 SECTION 3. This urgency 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 urgency ordinance is exempt because there is no possibility that the adoption of the urgency ordinance will have any significant negative effect on the environment. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day of , 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 6