HomeMy WebLinkAboutOrdinance 1246 - Noise ControlOrdinance No. 1246
REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
Approve Eight Ordinances Updating Various Municipal
Code Sections
David J. Erwin, City Attorney
September 13, 2012
Technical Municipal Code Revisions
Staff from the various departments and the city attorney's office have done a
comprehensive review of the city's municipal code to identify technical, largely non -
substantive changes that (1) conform the code sections to current law; (2) conform the
code sections to current practice in the city; and (3) make the code sections internally
consistent.
The ordinance revision package on the agenda contains eight proposed ordinances, each
of which change multiple Municipal Code Sections. The eight ordinances contain
changes to code sections that deal generally with the following subject matters:
1.
City Offices
2.
Conduct of Council Meetings
3.
Property Maintenance Issues
4.
Peddling and Solicitation
5.
Art in Public Places
6.
Noise Control
7.
Civil Engineering
8.
Traffic Issues
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ORDINANCE 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
Fesiding in the aFea er that is plaiRly audible at a diE;taRGe greater thaR fifty feet frem the
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.
72500.00001 \7546124.1
Zone Time
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.
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
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
intrusive sound or noise that annoys or disturbs persons of ordinary sensibilities j a
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72500.00001 \7546124.1
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;
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."
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 a:_ Refrigeration aPAApeet 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.
GhchapicT Installation of new equipment must be certified to be within the provisions of
this chapter for night and day operation noise level."
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PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this day
of , 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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72500. 00001\7546124.1