HomeMy WebLinkAbout95-38 - Amending Chapters 1.12, 6.04, 10.28, 10.32, 15.02, 20.01, 20.10 and 20.70 of the Municipal Code so as to Revise Current Noise Control Regulations to be Consistent With Those Contained in the Noise Element of the General Plan and to Add Chapter 10.ORDINANCE NO. 95 -38
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTERS 1. 12, 6.04, 10.28,
10.32, 15.02, 20.01, 20.10 AND 20.70 OF THE MUNICIPAL CODE
SO AS TO REVISE CURRENT NOISE CONTROL
REGULATIONS TO BE CONSISTENT WITH THOSE
CONTAINED IN THE NOISE ELEMENT OF THE GENERAL
PLAN AND TO ADD CHAPTER 10.26: COMMUNITY NOISE
CONTROL
WHEREAS, the City ofNewport Beach has conducted a comprehensive revision to the Noise
Element of the General Plan; and
WHEREAS, the revised Noise Element contains updated goals, policies and programs which
are inconsistent with existing noise control regulations contained in the Zoning Ordinance; and
WHEREAS, State of California Planning and Zoning Law requires that city zoning ordinances
be consistent with the goals, policies, and programs specified in their general plans; and
WHEREAS, the Zoning Ordinance must be revised to be consistent with the revised goals,
policies, and programs contained in the Noise Element; and
WHEREAS, pursuant to Section 20.84.30, the Planning Commission has held duly noticed
public hearings and has recommended approval of Amendment 807 to; and
WHEREAS, pursuant to the California Environmental Quality Act, the proposed general plan
amendment has been reviewed and it has been determined to be categorically exempt from the
requirements of the California Environmental Quality Act under Class 8.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: Section 1. 12.020 of the Newport Beach Municipal Code is hereby amended
to read as follows:
1.12.020 NBMC Authority of Public Officers or Employees to Issue Citations. The
following designated public officers and employees all have the power to issue citations for violations
A9111L of the ordinances and laws specified in this section:
Now (1) Animal Control Officers shall have the power to issue citations for any violation of Titles
7 and 12 of this Code, Section 10. 12.010 of this Code, the Fish and Game Code, and the provisions
of the Health and Safety Code of the State of California that pertain to animals.
(2) Community Services Officers, Parking Control Officers and Police Cadets shall have the
power to issue citations for any violation of Title 12 of this Code, and Sections 4000, 4454, 5200,
5202, 5204, 22500, 22502, 22505, 22514, 22515, 22516, 22520, and 22700 of the Vehicle Code of
the State of California.
(3) Community Services Officers shall have the power to issue citations for any violation of
Title 5 of this Code.
(4) The Marine Director, and members of the staff designated by the Marine Director, shall
have the power to issue citations for any violation of Titles 11, and 17 of this Code, Chapters 7.04,
7.16 and 7.20 of this Code, Sections 6.04.060, 6.04.200 and 10.06.010 of this Code, the Fish and
Game Code of the State of California, Title 14 of the California Administrative Code, the provisions
of the Health and Safety Code of the State of California that pertain to animals and the provisions of
Chapter 5 of Division 3 of the Harbors and Navigation Code of the State of California.
(5) The Marina Park Manager shall have the power to issue citations for any violation of
Chapter 12.40 of this Code.
(6) The Revenue Manager, License Supervisor and all License Inspectors shall have the power
• to issue citations for any violation of Titles 3, 5, 6, and 10 of this Code, Section 12.40.060 of this
Code and Chapters 12.62 and 12.63 of this Code.
(7) The General Services Director and Department staff designated by the Director, shall have
the power to issue citations for any violation of Chapter 6.04 of this Code.
(8) The Code Enforcement Supervisor and Code Enforcement Officers shall have the power
to issue citations for any violation of Chapter 10.26 of this Code or of Title 20 of this Code.
(9) The Building Director and the Chief Building Inspector shall have the power to issue
citations for any violation of Title 15 of this Code.
(10) The Fire Chief, and members of staff designated by the Fire Chief, shall have the power
to issue citations for any violation of Title 9 of this Code, Sections 22500.1 and 22514 of the
_ California Vehicle Code, any provision of state or local law related to fire suppression or fire
prevention and any provision of state or local laws pertaining to the handling, use, storage or disposal
of hazardous materials or waste.
(11) The Municipal Compliance Officer who may be employed by contract shall have the
power to issue citations for any violation of the Newport Beach Municipal Code.
SECTION 2: Section 6.04.055 of the Newport Beach Municipal Code is hereby amended
to read as follows:
6.04.055 Use of Mechanical Blowers. A. MECHANICAL BLOWERS. Whenever used
in this code, the words MECHANICAL BLOWER shall refer to a device which is used, designed,
• or operated to produce a current of air by mechanical, electrical or other means to push, propel, or
blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris.
B. USE OF MECHANICAL BLOWER
1. Mechanical blowers may be used and operated within the City to sweep or clean any
surface of dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris so
swept or blown are not left in or upon any adjacent or other parcel any street, public
place or right -of -way, public beach, or on the shore, or in the waters of Newport Bay.
2. The hours or operation and maximum noise levels shall be subject to the provisions
of Chapter 10.28, Section 10.28.045.
C. VIOLATIONS: Any person who uses a mechanical blower and causes or permits
cuttings, refuse or debris swept ofblown by the mechanicad blower to be left in places contrary to the
• provisions of subsection B hereof is guilty of an infraction.
SECTION 3: Chapter 10.28 of the Newport Beach Municipal Code is hereby amended to
read as follows:
Chapter 10.28
LOUD AND UNREASONABLE NOISE
Sections:
10.28.010 Loud and Unreasonable Noise.
10.28.020 Loud and Raucous Noise from Sound Making or Amplifying Devices
10.28.040 Construction Activity -Noise Regulations.
• 10.28.045 Real Property Maintenance -Noise Regulations
10.28.050 Exceptions.
10.28.010 Loud and Unreasonable Noise. It shall be unlawful for any person to
willfully 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
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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;
(M The time of day and night the noise occurs;
(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.
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
Aft, recording thereof when amplified or increased by any electrical, mechanical, or other device to such
'1111W 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.
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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.
D. Penalties. Any person who violates any provision of this section is guilty of a
• misdemeanor unless the violation is deemed an infra;tion pursuant to the provisions of Section
1.04.010 of the Newport Beach Municipal Code.
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 7:00 a.m. and 6:30 p.m., nor
on any Saturday except between the hours of 8:00 a.m. and 6:00 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:
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a. The City Manager or department director determines that the
maintenance, repair or improvement is immediately necessary to
maintain public services; or
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.
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
1.04.0 10 of the Newport Beach Municipal Code.
10.28.045 Real Property Maintenance -Noise Regulations. 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
isdisturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, except
between the between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, nor on any
Saturday, except between the hours of 8:00 a.m. and 6:00 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 soimd pressure level of 70 dBA, as measured
at a distance of 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 65 dBA, as measured from a distance of 50 feet.
E. Exceptions. The provisions of this section shall not apply to the following:
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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:
a. The City Manager or department director determines that the
maintenance, repair or improvement is immediately necessary to
maintain public services; or
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 6:00
a.m. and 8:00 p.m. and all other types of golf course maintenance between the
hours of 7:00 a.m. and 8:00 p.m., provided no maintenance activity
commences before 6:00 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 the Newport Beach Municipal Code.
10.28.050 Exceptions. The provisions of Section 10.28.040 and Section 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: Chapter 10.32 of the Newport Beach Municipal Code is hereby amended to
read as follows:
Chapter 10.32
SOUND AMPLIFYING EQUIPMENT
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Sections:
10.32.010 Definitions.
10.32.020 Permit Required.
10.32.030 Application for Permit.
• 10.32.040 Issuance of Permit.
10.32.050 Sound of Amplification Equipment Prohibited on Public Beaches.
10.32.060 Regulations for Use.
10.32.070 Possession and Display of Permit.
10.32.080 Revocation of Permit.
10.32.090 Exceptions.
10.32.010 Definitions. SOUND AMPLIFYING EQUIPMENT. The term "sound
amplifying equipment" as used herein shall mean any machine or device for the amplification of the
human voice, music or any other sound. Sound amplifying equipment shall not be construed to
include electronic devices, including, but not limited to, radios, tape players, tape recorders, compact
disc players, electric keyboards, music synthesizers, record players or televisions, which are designed
• and operated for personal use, or which are used entirely within a building and are not designed or
used to convey the human voice, music or any other sound to an audience outside such building, or
which are used in vehicles and heard only by occupants of the vehicle in which installed .
SOUND TRUCK. The term "sound truck" as used herein shall mean any vehicle having mounted
thereon or attached thereto any sound amplifying equipment.
10.32020 Permit Required. No person shall use or cause to be used any sound
amplifying equipment or sound truck with its sound amplifying equipment in the City without first
having applied for and obtained a permit from the Finance Director as provided in this Chapter.
10.32.030 Application for Permit. Applications for permits for the use of sound
amplifying equipment or sound trucks shall be filed with the Finance Department on forms supplied
by the City. The application shall contain the following information:
•
(a) Name and home address of the applicant.
(b) Business address of the applicant.
(c) If the application is for the use of a sound truck, it shall contain the names of the legal
and registered owners of the sound truck, and the year, make, and license number of the truck.
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(d) The address or location where the sound amplifying equipment is to be used; or, if the
application is for a sound truck, then a general statement as to the section or sections of the City in
which the sound truck will be used.
(e) The name and address of the person who will have direct charge of the operation of
the sound amplifying equipment or sound truck.
•
(1) The purpose for which the sound amplifying equipment or sound truck will be used.
(g) The proposed hours of operation of the sound amplifying system or sound truck.
(h) The number of days of proposed operation of the sound amplifying equipment or
sound truck.
(I) A general description of the sound amplifying equipment to be used.
0) The maximum sound producing power of the sound amplifying equipment to be used,
including:
1. The wattage to be used.
2. The volume in decibels of the sound which shall be produced.
3. The approximate maximum distance sound will be projected from the sound
• amplifying equipment.
10.32.040 Issuance of Permit. A.. Upon receiving a complete application for a permit
for the use of sound amplifying equipment or a sound truck , the Finance Director, or designee shall
conduct an investigation within 10 days of receipt of a complete application, and
shall approve or conditionally approve the application for a permit if it is determined that all
the requirements of this chapter are met, and if it appears from the information contained in the
application and such additional information as may be presented to the Finance Director that the
proposed use of the sound amplifying equipment or sound truck comply with the regulations
contained in Section 10.32.060. The permit shall be nontransferable and valid for a period not to
exceed six (6) months.
AdEhh, B. SPECIFICATION OF HOURS. In granting such permit, the Finance Director shall
'qW specify the hours during which the sound amplifying equipment or sound truck may be used after
considering the needs of the applicant, the area or areas in which the sound will be emitted, and the
effects of such use on the public health, safety and welfare.
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C. APPEALS. Actions by the Finance Director may be appealed by any interested party
to the City Manager by filing with the City Manager a written statement setting forth the facts and
circumstances regarding the action by the Finance Director. The City Manager shall notify the
appellant in writing of the time and place of the hearing on the appeal. The hearing on appeal shall
•be heard and determined by the City Manager within 10 days of receipt of a written appeal. The
decision of the City Manager shall be final.
10.32050 Sound Amplification Equipment Prohibited on Public Beaches. A. Policy
Statement.
The City Council makes the following findings:
(1) The public beaches adjacent to the waters of the Pacific Ocean and Newport Harbor
are a unique recreational resource which the City holds in trust under a legislative grant from the
State of California.
(2) These public beaches are intensively used for swimming, surfing and sunbathing by
a diverse group of people which includes City residents, tourists and persons residing throughout
Orange County and Southern California.
• (3) The use of sound trucks and sound amplification equipment by groups and
organizations who wish to hold concerts, meetings or public assemblies on or near these public
beaches is disturbing to the vast majority of the people using the beaches for recreation and to local
residents whose homes are in close proximity to the beaches.
B. No permit shall be issued for and no person shall use any sound truck or sound amplification
equipment on any public beach.
10.32.060 Regulations for Use. The use of sound amplifying equipment and sound
trucks in the City shall be subject to the following regulations:
(a) The only sounds permitted are music and human speech.
• Sound shall not be emitted within 100 yards of hospitals, churches, and the City Hall.
(c) The human speech and music amplified shall not be profane, lewd or slanderous.
(d) The volume of sound shall be controlled so that it will not be audible for a distance
in excess of 100 feet from the sound amplifying equipment or sound truck, and so that the volume
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is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of
allowed audibility.
(e) The sound amplifying equipment or sound truck shall not be used between the hours
of 8:00 p.m. and 8:00 a.m.
• 10.32.070 Possession and Display of :Permit. Any person operating the sound
amplifying equipment or sound truck shall keep the permit granted in his possession at all times while
operating the equipment or sound truck and shall promptly display the permit to any police officer
of the City upon request.
10.32.080 Revocation of Permit. The Finance Director may revoke any permit issued
pursuant to this chapter on any of the following grounds:
(a) The sound amplifying equipment or sound truck has been used contrary to the
regulations contained in Section 10.32.060 or the terms of the permit.
(b) The applicant has made a misrepresentation of a material fact in the application.
(c) The use of the sound amplifying equipment or sound truck results in traffic
congestion, or threatens public traffic safety.
• Notice of the revocation shall be given to the permit holder in writing.
If the notice is personally served upon the permit holder, it shall be effective immediately upon
service. If the notice of revocation is delivered by mailing, it shall be effective on the third day
following the deposit of the notice in the United States maul. The permit holder may appeal the action
of the Finance Director to the City Manager by filing a notice of appeal with the City Clerk within
tan (10) days after the effective date of the revocation. If a notice of appeal is not filed within the ten-
day period, the revocation shall become final.
10.32.090 Exceptions. The provisions of this Chapter shall not apply to the use of sound
trucks or sound amplifying equipment in conducting the following activities:
• (a) Any activity conducted on public property, or on private property with the consent
of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors,
permittees, licensees, or lessees, which are consistent with, and in furtherance of, the governmental
functions or services the public entity has authorized, or responsible, to perform, activities which are
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exempt from the provisions of this Chapter include, without limitation, sporting and recreational
activities which are sponsored or co- sponsored by the City of Newport Beach or the Newport Mesa
Unified School District.
(b) Activities conducted on property of churches or private clubs where the sound is
confined within the boundaries of such property.
•
(c) Licensed sightseeing or excursion vessels operating on the waters of Newport Harbor.
(d) Activities conducted within the boundaries of City licensed amusement centers where
the sound is confined within the boundaries of such amusement centers.
(e) Activities regulated by a use permit or other land use control under the provisions Title
20: Planning and Zoning.
(f) Activities regulated by a special events permit under the provisions of Chapter 5.10:
Special Events.
SECTION 5: Section 15.02.035 of the Newport Beach Municipal Code is hereby amended
to read as follows:
• 15.02.035 Amendment to Section 302 of the Administrative Code. Section 302 of the
Administrative Code is amended to read:
Sec. 302 (e) Mechanical Equipment.
Applicants for building permits which include mechanical equipment shall be notified of required
compliance with the community noise limits of the Community Noise Control Ordinance.
Sec. 302 (f) Air Conditioning Equipment.
New permits for air- conditioners shall be issued only where installations can be shown by
computation, based on the sound rating of the proposed equipment, not to exceed an A- weighted
Sound Pressure Level of 50 dBA or not to exceed an A- weighted Sound Pressure Level of 55 dBA
and be installed with a timing device that will deactivate the equipment during the hours of 10:00 p.m.
• to 7:00 a.m.. The method of computation used shall be that specified in "Standard Application of
Sound Rated Outdoor Unitary Equipment," Standard 275, Air- conditioning and Refrigeration
Institute, 1984 or latest revision thereof.
SECTION 6: Section 20.01.070 (C -6) of the Newport Beach Municipal Code is hereby
amended to read as follows:
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(6) The site is in a Residential District subject to noise levels greater than the 60
Community Noise Equivalent Level (CNEL).
SECTION 7: Section 20.01.070 (F -6) of the Newport Beach Municipal Code is hereby
amended to read as follows:
0 (6) Residential development shall be permitted in areas subject to noise levels greater than
60 CNEL only where specific mitigation measures will reduce noise levels in exterior
areas to less than 65 CNEL and reduce noise levels in the interior of residences to 45
CNEL or less;
SECTION & Section 20.10.035 of the Newportt Beach Municipal Code is hereby amended
to read as follows:
20.10.035 SWIMMING POOLS AND RELATED EQUIPMENT - YARDS.
Any swimming pool, fish pond, or other body ofwater which contains water eighteen inches or more
in depth for use in connection with any residential use shall be permitted in any required yard space,
provided that the enclosing fence required in Chapter 15.04 of this Code is permitted under the
provisions of Sections 20.02.070 and 20.10.025, F, of this Chapter.
• Any such pump, filter or heater shall not be considered an accessory building so long as any required
housing thereof does not exceed six feet in height.
SECTION 9: Section 20.10.045 of the Newport Beach Municipal Code is hereby amended
to read as follows:
20.10.045 HVAC EQUIPMENT
(a) New permits for heating, venting and air conditioning (HVAC) equipment in or
adjacent to residential areas shall be issued only where installations can be shown by
computation, based on the sound rating of the proposed equipment, not to exceed an
• A- weighted Sound Pressure Level of 50 dBA or not to exceed an A- weighted Sound
Pressure Level of 55 dBA and be installed with a timing device that will deactivate the
equipment during the hours of 10:00 p.m. to 7:00 a.m.. The method of computation
used shall be that specified in "Standard Application of Sound Rated Outdoor Unitary
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Equipment," Standard 275, Air- conditioning and Refrigeration Institute, 1984 or
latest revision thereof.
(b) In the event that HVAC equipment cannot meet the requirements set forth above,
then the exterior noise limit for such equipment may be raised to 65 dBA provided
that the applicant obtains the written consent of all the owners of the affected
properties.
• (c) Any such equipment shall not be considered an accessory building so long as any
required housing thereof does not exceed six feet in height.
SECTION 10: Section 20.70.060 (h) of the Newport Beach Municipal Code is hereby
deleted.
SECTION 11: Chapter 10.26: Community Noise Control is hereby added to the Newport
Beach Municipal Code as follows:
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Chapter 10.26
COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy
10.26.010
10.26.015
• 10.26.020
10.26.025
10.26.030
10.26.035
10.26.040
10.26.045
10.26.050
10.26.055
10.26.065
• 10.26.070
10.26.075
Definitions
Decibel Measurement Criteria
Designated Noise Zones
Exterior Noise Standards
Interior Noise Standards
Exemptions
Schools, Day Care Centers, Churches, Libraries, Museums, Health Care
Institutions - Special Provisions
Heating, Venting and Air Conditioning - Special Provisions
Sound Amplifying Equipment
Noise Level Measurement
Proposed Developments
Prima Facie Violation
Violations
10.26.080 Violations/Additional Remedies - Injunctions
10.26.085 City Manager Waiver
10.26.090 Noise Abatement Programs
10.26.095 Manner of Enforcement
10.26.100 Severability
10.26.005 Declaration of Policy A. In order to control unnecessary, excessive
and annoying noise in the City of Newport Beach, it is hereby declared to be the policy of the City
to prohibit such noise generated from or by all sources as specified in this Chapter.
• B. It is determined that certain noise levels are detrimental to the public health, welfare and
safety and contrary to public interest, therefore, the City Council of the City of Newport Beach does
ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained,
any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter, is a
public nuisance and may be punished as a public nuisance. This ordinance is effective 30 days from
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adoption, however, all fixed noise sources existing at the date of adoption shall have 90 days from
the date of adoption to achieve compliance with this ordinance.
10.26.010 Definitions The following word, phrases and terms as used in this Chapter
shall have the meanings as indicated here:
A. Agricultural Property shall mean a parcel of real property which is undeveloped for
any use other than agricultural purposes.
• B. Ambient Noise Level shall mean 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.
C. A- Weighted Sound Level shall mean the total sound level meter with a reference
pressure of 20 micropascals using the A- weighted network (scale) at slow response.
The unit of measurement shall be defined as dBA.
D. Code Enforcement Officer shall mean the Code Enforcement Officer of the City or
his duly authorized deputy.
E. Commercial Property shall mean a parcel of real property which is used as either in
• part or in whole for commercial purposes.
F. Cumulative Period shall mean an additive period of time composed of individual time
segments which may be continuous or interrupted.
G. Decibel L) shall mean a unit which denotes the ratio between two quantities which
are proportional to power: the number of decibels corresponding to the ratio of two
amounts of power is ten times the logarithm to the base ten of this ratio.
H. Dwelling Unit shall mean any area within a structure on any parcel which:
Contains separate or independent living facilities for one or more persons,
with an area or equipment for sleeping, sanitation and food preparation, and
which has independent exterior access to ground level; or
• 2. Is being utilized for residential purposes by one or more persons separately or
independently from occupants of other areas within the structure.
I. Emergency Machinery. Vehicle Work orb shall mean any machinery, vehicle,
work or alarm used, employed, performed or operated in an effort to protect, provide
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or restore safety conditions in the community or for the citizenry, or work by private
or public utilities when restoring utility service.
I Equivalent Noise Level. Lea. shall mean the sound level corresponding to a steady
state noise level over a given measurement period with the same amount of acoustic
energy as the actual time varying noise level. Also known as the energy average noise
level during the measurement period. The measurement period shall be 15 minutes
• under the terms of this ordinance.
K. Fixed Noise Source shall mean a stationary device which creates sounds while fixed
or motionless including but not limited to residential, agricultural, industrial and
commercial machinery and equipment, pumps, fans, compressors, air conditioners and
refrigeration equipment.
L. Gradin shall mean any excavating of filling of earth material or any combination
thereof conducted at a site to prepare said site for construction or other improvements
thereon.
M. Hertz z shall mean the unit which describes the frequency of a function periodic
in time which is the reciprocal of the period.
• N. Health Care Institution shall mean any hospital, convalescent home or other similar
facility excluding residential.
O. Impulsive Noise shall mean a noise of short duration usually less than I second and
of high intensity, with an abrupt onset and rapid decay.
P. Industrial Property shall mean a parcel of real property which is used either in part
or in whole for manufacturing purposes.
Q. Intruding Noise Level shall mean the total sound level, in decibels, created, caused,
maintained or originating from an alleged offensive source at a specified location
while the alleged offensive source is in operation.
R. Licensed shall mean the issuance of a formal license or permit by the appropriate
jurisdictional authority, or where no permits or licenses are issued, the sanctioning of
• the activity by the jurisdiction as noted in public record.
S. Major Roadway shall mean any street, avenue, boulevard, or highway used for motor
vehicle traffic which is owned or controlled by a public government entity.
T. Mobile Noise Source shall mean any noise source other than a fixed noise source.
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U. Person shall mean any individual, firm, partnership, association, corporation, company
or organization of any kind, including public agencies.
V. Residenfial Property shall mean a parcel of real property which is used either in part
or in whole for residential purposes, other than transient uses such as hotels and
motels, and residential care facilities. Residential property includes the residential
portion of mixed use properties.
• W Sim le Tone Noise shall mean a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished. If measured,
Simple Tone Noise shall exist if the one -third octave band sound pressure levels in the
band with the tone exceeds the arithmetic average of the sound pressure levels of the
two continuous one -third octave bands as follows: 5 dB for frequencies of 500 Hertz
(Hz) and above or by 15 dB for frequencies less than or equal to 123 Hz.
X. Sound Level Meter shall mean an instrument meeting American National Standard
Institute's Standard S 1.4 -1971 or most recent revision thereof for Type 2 sound level
meters or an instrument and the associated recording and analyzing equipment which
will provide equivalent data.
• Y. Sound Pressure Level of a sound, in decibels, shall mean 20 times the logarithm to the
base 10 of the ratio of the pressure of the sound to a reference pressure which shall
be explicitly stated.
Z. Vibration shall mean any movement of the earth, ground or other similar surface
created by a temporal and spatial oscillation device or equipment located upon,
affixed in conjunction with that surface.
10.26.015 Decibel Measurement Criteria Any decibel measurement made pursuant to
the provisions of this Chapter shall be based on a reference sound pressure of 20 micropascals as
measured with a sound level meter using the A- weighted network (scale) at slow response.
10.26.020 Designated Noise Zones The properties hereinafter described are hereby assigned
• to the following noise zones:
Noise Zone I - All single -, two -, and multiple family residential properties.
Noise Zone II - All commercial properties.
Noise Zone III- The residential portion of mixed use properties.
Noise Zone IV- All manufacturing or industrial properties.
is
The actual use of the property shall be the determining factor in establishing whether a
property- is in Noise Zone I, II, III, or IV provided that the actual use is a legal use in the City
of Newport Beach.
10.26.025 Exterior Noise Standards A. The following noise standards, unless
otherwise specifically indicated, shall apply to all property with a designated noise zone:
• ALLOWABLE EXTERIOR NOISE
NOISE LEVEL
TYPE OF LAND USE
TONE (Equivalent Noise Level, Leq)
7a.m.to10 pm 1O pm to7am.
I
Single -, two-, or multiple - family residential
55 dBA
50 dBA
II
Commercial
65 dBA
60 dBA
III
Residential portions of mixed use properties
60 dBA
50 dBA
IV Industrial or manufacturing 70 dBA 70 dBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It shall be unlawful for any person at any location within the incorporated area of the City
to create any noise, or to allow the creation of any noise on property owned, leased, occupied or
otherwise controlled by such person, which causes the noise level when measured on any other
property, to exceed either of the following:
• 1. The noise standard for the applicable zone for any 15 minute period.
2. A maximum instantaneous noise level equal to the value of the noise standard plus 20
dBA for any period of time (measured using A - weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable
noise level under said category shall be increased to reflect the maximum ambient noise level.
D. If the measurement location is on boundary between two different noise zones, the lower
noise level standard applicable to the noise zone shall apply.
E. If the intruding noise source is continuous and cannot be reasonably discontinued or
stopped for a time period whereby the ambient noise level can be determined, the measured noise
level obtained while the source is in operation shall be compared directly to the allowable noise level
is standards as specified respective to the measurement location's designated land use and for the time
of the day the noise level is measured.
1. The reasonableness of temporarily discontinuing the noise generation by an intruding
noise source shall be determined by the Code Enforcement officer or his duly
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authorized deputy for the purpose of establishing the existing ambient noise level at
the measurement location.
10.26.030 Interior Noise Standards A. The following noise standard, unless otherwise
specifically indicated, shall apply to all residential property within all noise zones:
NOISE ALLOWABLE INTERIOR NOISE LEVEL
ZONE TYPE OF LAND USE (Equivalent Noise Level, Leq.)
• 7:00 am. to 10:00 p.m. 10:00 p.m. to 7:00 am.
I Residential 45 dBA 40 dBA
III Residential portion of mixed use 45 dBA 45 dBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It shall be unlawful for any person at any location within the incorporated area of the City
to create any noise or to allow the creation of any noise on property owned, leased, occupied or
otherwise controlled by such a person which causes the noise level when measured on any other
property, to exceed either of the following:
1. The noise standard for the applicable zone for any 15 minute period.
2. A maximum instantaneous noise level equal to the value of the noise standard plus 20
dBA for any period of time (measured using A - weighted slow response).
• C. In the event the ambient noise level exceeds the noise standard, the noise standard
applicable to said category shall be increased to reflect the maximum ambient noise level.
D. If the measurement location is on a boundary between two different noise zones, the lower
noise level standard applicable to the noise zone shall apply.
E. If the intruding noise source is continuous and cannot reasonably be discontinued or
stopped for a time period whereby the ambient noise level can be determined; the same procedures
specified in Section 10.26.025 (E), shall be deemed proper to enforce the provisions of this section.
10.26.035 Exemptions The following activities shall be exempted from the provisions
of this chapter:
A. Any activity conducted on public property, or on private property with the consent
isof the owner, by any public entity, or its officers, employees, representatives, agents,
subcontractors, permittees, licensees, or lessees, which are consistent with, and in
furtherance of, the governmental functions or services the public entity has
authorized, or responsible, to perform, activities which are exempt from the
provisions of this Chapter include, without limitation, sporting and recreational
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activities which are sponsored or co- sponsored by the City of Newport Beach or the
Newport Mesa Unified School District.
B. Occasional outdoor gatherings, public dances, show, sporting and entertainment
events, provided said events are conducted pursuant to a permit or license issued by
the appropriate jurisdiction relative to the staging of said events.
C. Any mechanical device, apparatus or equipment used, related to or connected with
• emergency machinery, vehicle, work or warning alarm or bell, provided the sounding
of any bell or alarm on any building or motor vehicle shall terminate its operation
within 45 minutes in any hour of its being activated.
D. Noise sources associated with construction, repair, remodeling, demolition, or grading
of any real property. Such activities shall instead be subject to the provisions of
Chapter 10.28 of the Municipal Code.
E. Noise sources associated with construction, repair, remodeling, demolition, or grading
of public rights -of -way or during authorized seismic surveys.
F. All mechanical devices, apparatus or equipment associated with agriculture operations
provided that:
• 1. Operations do not take place between 8 p.m. and 7 a.m. on weekdays,
including Saturday, or at any rime Sunday or a federal holiday; or
2. Such operations and equipment are utilized for the protection or salvage of
agricultural crops during periods of potential or actual frost damage or other
adverse weather conditions; or
3. Such operations and equipment are associated with agricultural pest control
through pesticide application, provided the application is made in accordance
with permits issued by or regulations enforced by the California Department
of Agriculture.
G. Noise sources associated with the maintenance of real property. Such activities shall
• instead be subject to the provisions of Chapter 10.28 of the Municipal Code.
H. Any activity to the extent regulation thereof has been preempted by state or federal
law. NOTE: Preemption may include motor vehicle, aircraft in flight, and railroad
noise regulations.
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I. Any noise sources associated with people and or music associated with a party at a
residential property. Such noise is difficult to measure under the terms of this
ordinance and instead shall be subject to the provisions of Chapters 10.28 and 10.58
of the Municipal Code.
J. Any noise sources associated with barking dogs or other intermittent noises made by
animals on any property within the City of Newport Beach. Such noise is difficult to
• measure under the terms of this ordinance and instead shall be subject to the
provisions of Chapter 7.20 of the Municipal Code.
K. Any noise sources associated with the operation of a permanently installed heating,
venting and air conditioning (HVAC) equipment on a residential property permitted
under the provisions of Section 10.26.045 (B) and (C).
10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care
Institutions - Special Provisions It shall be deemed unlawful for any person to create any noise
which causes the noise level at any school, day care center, hospital or similar health care institution,
church, library, or museum while the same is in use, to exceed the noise standards specified in Section
10.26.025 prescribed for the assigned Noise Zone I (Residential Uses).
• 10.26.045 Heating, Venting and Air Conditioning - Special Provisions
A. New HVAC Equipment
New permits for heating, venting and air conditioning (HVAC) equipment in or
adjacent to residential areas shall be issued only where installations can be shown by
computation, based on the sound rating of the proposed equipment, not to exceed an
A- weighted Sound Pressure Level of 50 dBA or not to exceed an A- weighted Sound
Pressure Level of 55 dBA and be installed with a timing device that will deactivate the
equipment during the hours of 10:00 p.m. to 7:00 a.m.. The method of computation
used shall be that specified in "Standard Application of Sound Rated Outdoor Unitary
Equipment," Standard 275, Air- conditioning and Refrigeration Institute, 1984 or
• latest revision thereof.
B. Existing HVAC Equipment
1. HVAC equipment legally installed prior to April 22, 1981, shall be permitted
to operate with an exterior noise limit of 65 dBA until January 1, 1998.
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2. HVAC equipment legally installed prior to April 22, 1981 shall be exempted
from the interior noise level standard as specified in Section 10.26.030 of this
chapter until January 1, 1998.
HVAC equipment legally installed after April 22, 1981 and prior to the date
of adoption of this chapter shall not exceed a maximum exterior noise limit of
55 dBA during the 90 day compliance period set forth in Section 10.26.005.
• C. In the event that HVAC equipment cannot meet the requirements set forth in this
chapter, then the exterior noise limit for such equipment may be raised to 65 dBA and
exempted from the interior noise level standard as specified in Section 10.26.030 of
this chapter, provided that the applicant obtains the written consent of all the owners
of the affected properties.
10.26.050 Sound Amplifying Equipment Loudspeakers, sound amplifiers, public address
systems or similar devices used to amplify sounds shall be subject to the provisions of Chapter 10.32
of the Municipal Code. Such sound amplifying equipment shall not be construed to include electronic
devices, including, but not limited to, radios, tape players, tape recorders, compact disc players,
electric keyboards, music synthesizers, record players or televisions, which are designed and operated
for personal use, or used entirely within a building and are: not designed or used to convey the human
•
voice, music or any other sound to an audience outside such building, or which are used in vehicles
and heard only by occupants ofthe vehicle in which installed, which shall be subject to the provisions
of Chapters 10.28 of the Municipal Code
10.26.055 Noise Level Measurement A. The location selected for measuring exterior
noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally
used for human activity and identified by the owner of the affected property as suspected of exceeding
the noise level standard This location may be the closest point in the private yard or patio, or on the
deck or balcony, to the noise source, but should not be located in non -human activity areas such as
trash container storage areas, planter beds, above or contacting a property line fence, or other areas
not normally used as part of the yard, patio, deck or balcony. The location selected for measuring
• exterior noise levels in a non - residential area shall be at the closest point to the noise source. The
measurement microphone height shall be 5 feet above finish elevation or, in the case of a deck or
balcony, the measurement microphone height shall be 5 feet above the finished floor level.
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B. The location selected for measuring interior noise levels shall be made within the affected
residential unit. The measurements shall be made at a point at least 4 feet from the wall, ceiling or
floor, or within the frame of a window opening, nearest the noise source. The measurements shall
be made with windows in an open position.
10.26.065 Proposed Developments Each Department whose duty it is to review and
approve new projects or changes to existing projects that result or may result in the creation of noise
• shall consult with the Code Enforcement Officer prior to any such approval. If at any time the Code
Enforcement Officer has reason to believe that a standard, regulation, action, proposed standard,
regulation, or action of any Department respecting noise does not conform to the provisions as
specified in this Ordinance, the Code Enforcement Officer may request such Department to consult
with him on the advisability of revising such standard or regulation to obtain uniformity.
10.26.070 Prima Facie Violation Any noise exceeding the noise level standard as
specified in Section 10.26.025 and 10.26.030 of this chapter; shall be deemed to be prima facie
evidence of a violation of the provisions of this Chapter.
10.26.075 Violations Any persons violating any of the provisions of this Chapter shall
be deemed guilty of an infraction.
• 10.26.080 Violations/Additional Remedies- Injunctions A. As an additional remedy,
the operation or maintenance of any device, instrument, vehicle or machinery in violation of any
provisions of this Chapter which operation or maintenance causes or creates sound levels exceeding
the allowable standards as specified in this Chapter shall be deemed and is hereby declared to be a
public nuisance and may be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
B. Any violation of this Chapter is declared to be a public nuisance and may be abated in
accordance with law. The expense of this Chapter is declared to be public nuisance and may be by
resolution of the City Council declared to be a lien against the property on which such nuisance is
maintained, and such lien shall be made a personal obligation of the property owner.
• 10.26.085 City Manager Waiver The City Manager is authorized to grant a temporary
waiver to the provisions of this chapter for a period of time not to exceed 30 days if such temporary
waiver would be in the public interest and there is no feasible and prudent alternative to the activity,
or the method of conducting the activity, for which the temporary waiver is sought.
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10.26.090 Noise Abatement Programs A In circumstances which adopted community-
wide noise standards and policies prove impractical in controlling noise generated from a specific
source, the City Council may establish a noise abatement program which recognizes the
characteristics of the noise source and affected property and which incorporates specialized mitigation
measures.
B. Noise abatement programs shall set forth in detail the approved terms, conditions and
• requirements for achieving maximum compliance with noise standards and policies. Said terms,
conditions and requirements may include, but shall not be limited to, limitations, restrictions, or
prohibitions on operating hours, location of operations, and the types of equipment.
10.26.095 Manner of Enforcement A. The City Code Enforcement Officer is directed
to enforce the provisions of this Chapter and may issue citations for any violation of the provisions
of this Chapter or violations of this Chapter may be prosecuted or enforced in the same manner as
other infractions pursuant to the Municipal Code; provided, however, that in the event of an initial
violation of the provisions of this Chapter, a written notice may be given to the alleged violator which
specifies the time by which the condition shall be corrected.
B. No person shall interfere with, oppose or resist any authorized person charged with the
• enforcement of this Chapter while such person is engaged in the performance of his/her duty.
C. In the event the alleged violator cannot be located in order to serve any notice, the notice
shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged
violator at his last known address or at the place where the violation occurred in which event the
specified time period for abating the violation or applying for a variance shall commence at the date
of the day following the mailing of such notice.
10.26.100 Severability If any provision, clause, sentence, or paragraph of this Chapter,
or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not
affect the other provisions of this Chapter which can be given effect without the invalid provisions
or application and, to this end, the provisions of this Chapter are hereby declared to be severable.
• SECTION 12. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
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This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on August 28, 1995, and adopted on the 11th day of
September , 1995, by the following vote, to wit:
•
f
•
•
AYES, COUNCIL MEMBERS Emus, wATT,
DEBAY, HEDGES, COX, GLOVER, O'NEIL
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
MAYOR
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