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HomeMy WebLinkAbout03 - NBMC Chapter 10.28 - Loud & Unreasonable NoiseCITY OF NEWPORT BEACH ==Agenda 22, 2001 CITY ATTORNEY'S OFFICE 3 TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DANIEL K. OHL, DEPUTY CITY ATTORNEY RE MODIFICATIONS TO CHAPTER 10.28 ;9� LOUD AND UNREASONABLE NOISE BACKGROUND: We are purposing modifications to Chapter 10.28 which governs loud and unreasonable noise. The suggestion modifications should improve our ability to enforce our loud and unreasonable noise standard throughout the City. The proposed modifications are as follows: 1. Add a policy section to emphasize the importance of the section as noise increasingly becomes an issue throughout the City; 2. Add a section identifying prohibited noises; 3. More clearly indicate that a property owner may be accountable for violations which occur on their property; 4. Includes a provision to require the police to request that the person cease and desist from making the loud and unreasonable noise which should enhance our ability to establish the willful element; 5. Expand the list of factors to be considered in determining if a violation exists; and 6. Adding a section which specifically identifies a violation as a misdemeanor. We believe the proposed changes will enhance our ability to deal with noise related issues throughout the City. RECOMMENDATION: Approve first reading and p s to a second reading at the City's next regularly scheduled m ing. Daniel K. Ohl, Deputy ity Attome F:l users\ eatlshared \da \CCmemo \LoudNoise10.28.doo ORDINANCE 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 10.28.005 AND 10.28.007 AND AMENDING SECTION 10.28.010 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO OFFENSES AND NUISANCES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section 10.28.010 is amended and sections 10.28.005 and 12.28.007 are added to read, in full, as follows: Chapter 10.28 LOUD AND UNREASONABLE NOISE` Sections: 10.28.005 Policy. 10.28.007 Loud and Unreasonable Noise is Prohibited. 10.28.010 Loud and Unreasonable Noise. 10.28.020 Loud and Raucous Noise from Sound - Making or Amplifying Devices Prohibited. 10.28.040 Construction Activity - -Noise Regulations. 10.28.045 Real Property Maintenance- -Noise Regulations. 10.28.050 Exceptions. SECTION 1: Section 10.28.005 of Chapter 10.28 is added to read as follows: If is found and declared as follows: B. The necessitv in the public interest for the Drovisions and prohibitions contained and enacted is to declare as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience. safety. general welfare and property and the peace and quiet of the Citv and its inhabitants. Page 1 of 7 SECTION 2: Section 10.28.007 of Chapter 10.28 is added to read as follows: Section 10.28.007 Loud and Unreasonable Noise is Prohibited. It is unlawful for any person or property owner make, continue, cause or allow to be made any loud unreasonable unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort repose health, peace and quiet within the limits of the City, and the acts and things listed in this Chapter, among others, are declared to be loud, disturbing, iniurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive. SECTION 3: Section 10.28.010 of Chapter 10.28 is amended to read as follows: Section 10.28.010 Loud and Unreasonable Noise. A. The level of the noise; B. Whether the nature of the noise is usual or unusual; C. Whether the origin of the noise is natural or unnatural; D. The level and intensity of the background (ambient) noise, if any; E. The proximity of the noise to residential or commercial sleeping areas; Page 2 of 7 OWN A. The level of the noise; B. Whether the nature of the noise is usual or unusual; C. Whether the origin of the noise is natural or unnatural; D. The level and intensity of the background (ambient) noise, if any; E. The proximity of the noise to residential or commercial sleeping areas; Page 2 of 7 F. The nature and zoning of the area within which the noise emanates; G. The density of inhabitation of the area within which the noise emanates; H. The time of day and night the noise occurs; The duration of the noise; J. Whether the noise is constant, or recurrent or intermittent; and K. Whether the noise is produced by a commercial or noncommercial activity; L. If the noise is produced by a commercial activity, whether the use is lawful under the provisions of Title 20 of this Code and whether the noise is one that could reasonably be expected from the commercial activity. Section 10.28.020 Loud and Raucous Noise from Sound - Making or Amplifying Devices Prohibited. A. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound - making or sound - amplifying device in his possession or under his control: 1. Upon any private property; or 2. Upon any public street, alley, sidewalk or thoroughfare; or 3. In or upon any public park, beach or other public place or property. B. The words .'loud and raucous noise," as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more such places or areas. C. The word "unreasonably," as used herein, shall include, but not be limited to, consideration of the hour, place, nature and circumstances of the emission or transmission of any such loud and raucous noise. Page 3of7 D. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. Section 10.28.040 Construction Activity- -Noise Regulations. A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six - thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. C. No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. D. Exceptions. 1. The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the Building Director or designee. 2. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City of Newport Beach, or its employees, contractors or agents, unless: a. The City Manager or department director determines that the maintenance, repair or improvement is immediately necessary to maintain public services; b. The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours; Page 4 of 7 C. The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day which would otherwise be prohibited pursuant to this section. E. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. Section 10.28.045 Real Property Maintenance - -Noise Regulations. A. Weekdays and Saturdays. No person shall, while engaged in maintenance of real property, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, except between the hours of seven a.m. and six - thirty p.m., Monday through Friday, nor on any Saturday, except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in maintenance of real property, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. C. No landowner, gardener, property maintenance service, contractor, subcontractor or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. D. After January 1, 1996, mechanical blowers, as defined in Section 6.04.055, shall not be operated at a noise level that exceeds an A- weighted sound pressure level of seventy (70) dBA, as measured at a distance of fifty (50) feet. After January 1, 1999, such equipment shall not be operated at a noise level that exceeds an A- weighted sound pressure level of sixty -five (65) dBA, as measured from a distance of fifty (50) feet. E. Exceptions. The provisions of this section shall not apply to the following 1. Emergency property maintenance authorized by the Building Director; 2. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City of Newport Beach, or its employees, contractors or agents, unless: Page 5 of 7 a. The City Manager or department director determines that the maintenance, repair or improvement is immediately necessary to maintain public service, b. The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours, C. The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day which would otherwise be prohibited pursuant to this section; 3. Greens maintenance on golf courses conducted between the hours of six a.m. and eight p.m and all other types of golf course maintenance between the hours of seven a.m. and eight p.m., provided no maintenance activity commences before six a.m. F. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of section 1.04.010 of this code. Section 10.28.050 Exceptions. The provisions of Sections 10.28.040 and 10.28.045 shall not be construed to prohibit such work at different hours by or under the direction of any other public agency in cases of necessity or emergency. SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. Page 6 of 7 SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2001. and adopted on the _ day of . 2001 the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYO ATTEST: CITY CLERK F:\users\cat\shared \da \Ord i nance \Loud Noise 10.28. doc Page 7 of 7 7 5I OQ� o\ --*3 ORDINANCE 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 10.28.005 AND 10.28.007 AND AMENDING SECTION 10.28.010 OF TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO OFFENSES AND NUISANCES The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code section 10.28.010 is amended and sections 10.28.005 and 12.28.007 are added to read, in full, as follows: Chapter 10.28 LOUD AND UNREASONABLE NOISE* Sections: 10.28.005 Policy. 10.28.007 Loud and Unreasonable Noise is Prohibited. 10.28.010 Loud and Unreasonable Noise. 10.28.020 Loud and Raucous Noise from Sound - Making or Amplifying Devices Prohibited. 10.28.040 Construction Activity - -Noise Regulations. 10.28.045 Real Property Maintenance - -Noise Regulations. 10.28.050 Exceptions. SECTION 1: Section 10.28.005 of Chapter 10.28 is added to read as follows: It is found and declared as follows: B. The necessity in the public interest for the provisions and prohibitions contained and enacted is to declare as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted are in pursuance of and for the purpose of secu&nn and promoting the public health. comfort. convenience, safety, general welfare and property and the peace and quiet of the City and its inhabitants. Page 1 of 7 SECTION 2: Section 10.28.007 of Chapter 10.28 is added to read as follows: Section 10.28.007 Loud and Unreasonable Noise is Prohibited. It is unlawful for anv person or property owner to make, continue, cause or allow to be made any loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, insures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this Chapter, among others, are declared to be loud, disturbing, incurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive. SECTION 3: Section 10.28.010 of Chapter 10.28 is amended to read as follows: Section 10.28.010 Loud and Unreasonable Noise. A. The level of the noise; B. Whether the nature of the noise is usual or unusual; C. Whether the origin of the noise is natural or unnatural; D. The level and intensity of the background ambient noise, if any; Page 2 of 7 MM a-WOMMOM A. The level of the noise; B. Whether the nature of the noise is usual or unusual; C. Whether the origin of the noise is natural or unnatural; D. The level and intensity of the background ambient noise, if any; Page 2 of 7 E. The proximity of the noise to residential or commercial sleeping areas; F. The nature and zoning of the area within which the noise emanates; G. The density of inhabitation of the area within which the noise emanates; H. The time of day and night the noise occurs; The duration of the noise; J. Whether the noise is constant, or recurrent or intermittent; and K. Whether the noise is produced by a commercial or noncommercial activity; L. If the noise is produced by a commercial activity, whether the use is lawful under the provisions of Title 20 of this Code and whether the noise is one that could reasonably be expected from the commercial activity. Section 10.28.020 Loud and Raucous Noise from Sound - Making or Amplifying Devices Prohibited. A. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound - making or sound - amplifying device in his possession or under his control: 1. Upon any private property; or 2. Upon any public street, alley, sidewalk or thoroughfare; or 3. In or upon any public park, beach or other public place or property. B. The words 'loud and raucous noise," as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more such places or areas. C. The word "unreasonably," as used herein, shall include, but not be limited to, consideration of the hour, place, nature and circumstances of the emission or transmission of any such loud and raucous noise. Page 3 of 7 D. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. Section 10.28.040 Construction Activity - -Noise Regulations. A. Weekdays and Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. C. No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. D. Exceptions. 1. The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the Building Director or designee. 2. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City of Newport Beach, or its employees, contractors or agents, unless: a. The City Manager or department director determines that the maintenance, repair or improvement is immediately necessary to maintain public services; b. The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours; Page 4 of 7 C. The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day which would otherwise be prohibited pursuant to this section. E. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of Section 1.04.010 of this Code. Section 10.28.045 Real Property Maintenance - -Noise Regulations. A. Weekdays and Saturdays. No person shall, while engaged in maintenance of real property, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, except between the hours of seven a.m. and six -thirty p.m., Monday through Friday, nor on any Saturday, except between the hours of eight a.m. and six p.m. B. Sundays and Holidays. No person shall, while engaged in maintenance of real property, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or any federal holiday. C. No landowner, gardener, property maintenance service, contractor, subcontractor or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. D. After January 1, 1996, mechanical blowers, as defined in Section 6.04.055, shall not be operated at a noise level that exceeds an A- weighted sound pressure level of seventy (70) dBA, as measured at a distance of fifty (50) feet. After January 1, 1999, such equipment shall not be operated at a noise level that exceeds an A- weighted sound pressure level of sixty -five (65) dBA, as measured from a distance of fifty (50) feet. E. Exceptions. The provisions of this section shall not apply to the following: Emergency property maintenance authorized by the Building Director; 2. The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City of Newport Beach, or its employees, contractors or agents, unless: Page 5 of 7 0 a. The City Manager or department director determines that the maintenance, repair or improvement is immediately necessary to maintain public service, b. The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours, C. The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day which would otherwise be prohibited pursuant to this section; 3. Greens maintenance on golf courses conducted between the hours of six a.m. and eight p.m and all other types of golf course maintenance between the hours of seven a.m. and eight p.m., provided no maintenance activity commences before six a.m. F. Penalties. Any person who violates any provision of this section is guilty of a misdemeanor unless the violation is deemed an infraction pursuant to the provisions of section 1.04.010 of this code. Section 10.28.050 Exceptions. The provisions of Sections 10.28.040 and 10.28.045 shall not be construed to prohibit such work at different hours by or under the direction of any other public agency in cases of necessity or emergency. SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. Page 6 of 7 SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2001_, and adopted on the _ day of , 2001_, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBE ABSENT COUNCILMEMBERS M ATTEST: CITY CLERK F:\ users \cat\shared \da \Ordinance \LoudNoise10.28.doc Rev: 05 -22 -01 /da Page 7 of 7