HomeMy WebLinkAbout87-11 - Amending Section 10.28.010 of the Newport Beach Municipal Code Pertaining to Loud and Unreasonable Noises• ORDINANCE NO. 87 -11
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 10.28.010 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO LOUD
AND UNREASONABLE NOISES.
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: The provisions of Section 10.28.010 of the
Newport Beach Municipal Code is hereby amended to read as
follows:
Section 10.28.010 Loud and Unreasonable Noise.
It shall be unlawful for any person to wilfully
make, continue or cause to be made or continued, any loud or
unreasonable noise which disturbs the peace or quiet of any
person or neighborhood, or which causes discomfort or annoyance
• to any reasonable person of normal sensitivity residing in the
area. The factors to be considered in determining whether a
violation of the provisions of this section has been committed
include the following:
(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
noise, if any;
(E) The proximity of the noise to residential
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;
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occurs;
(H) The time of day and night the noise
(I) 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 the Newport Beach Municipal Code and whether the noise is
one that could reasonably be expected from the commercial
activity.
Section 2: All other provisions of Chapter 10.28.010
shall remain in full force and effect.
Section 3: 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 within fifteen (15) days after its adoption.
Section 4: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 11th day of May , 1987, and adopted on the 26th day
of May , 1987, by the following vote, to -wit:
ATTEST:
• City Clerk
AYES, COUNCILMEMBERS Cox, Hart, Maurer,
Plummer, Sansone, Turner
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS Strauss
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