Editor's Note: Chapter 5-13 was amended in entirety 10-4-2022 by Ord. No. 1209-22. Prior history includes Ordinance No. 531, effective June
3, 1970; Ordinance No. 623, effective January 19, 1977; Ord. 703, eff. August 3, 1981; Ord. 749U, eff. August 3, 1983; Ord. 751, eff. September 15, 1983; Ord. 890-92, eff. December 17, 1992; Ord. 970-99, eff. November 4, 1999; Ord. 988-00, eff. November 2, 2000; Ord. 623, eff. January 19, 1977.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
Unnecessary and excessive noises which are offensive to the
senses, injurious to the health, or an interference with or obstruction
to the free use of property are detrimental to the public health,
welfare, safety, and comfort of the City and, in the public interest,
must be systematically proscribed. Such noises, when arising from
any source subject to the City's police power, are hereby declared
to be public nuisances and are hereby prohibited.
Notwithstanding any other provision of this chapter, and in
addition thereto, it is unlawful for any person to willfully make
or continue, or cause to be made or continued, a loud, unnecessary
or unusual noise which disturbs the peace and quiet of any neighborhood
or which causes any discomfort or annoyance to any reasonable person
of normal auditory sensitiveness residing in the area.
(a)
The standards which shall be considered in determining whether a
violation of the provisions of this section exist shall include, but
not be limited to the following:
(1)
The sound level of the objectionable noise;
(2)
The nature and zoning of the area within which the noise emanates;
(3)
The time of day or night the noise occurs;
(4)
The duration of the noise;
(5)
Whether the noise is continuous, recurrent, or intermittent;
(6)
Whether the noise is produced by a commercial or noncommercial
activity.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
(a)
DECIBEL (dB) — Shall mean a unit for measuring sound level
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 10 times the logarithm to the base 10 of this
ratio.
(b)
COMMERCIAL PROPERTY — Commercial properties are those used
for retail and wholesale sales and services, personal and professional
services and any other nonresidential use permitted or conditionally
permitted in the City.
(c)
CONSTRUCTION — Means any site preparation, assembly, erection,
substantial repair, alteration, or similar action, but excluding demolition.
(d)
EMERGENCY WORK — Shall mean work necessary to restore property
to a safe condition following a public calamity, or work required
to protect persons or property from an imminent exposure to danger,
or work by private or public utilities when restoring utility services.
(e)
PERSON — Shall mean a person, firm, association, co-partnership,
joint venture, corporation, or any entity, public or private in nature.
(f)
MOTOR VEHICLE — Shall include, but not be limited to, motorcycles.
(g)
NOISE SENSITIVE ZONE — Means any area designated pursuant to Section § 5-13.05 for the purpose of insuring exceptional quiet.
(h)
NOISE SOURCE — Means a disturbance-causing operation which
originates from a single unit or noise generating mechanism which
operates simultaneously. Example of a single noise source is the combination
of motor, pump, and compressor; oil drilling rig; or a power plant
with several boilers.
(i)
NOISE ZONE — Means defined areas or regions of a generally
consistent land use community wherein the ambient noise levels are
generally similar (within a range of five (5) decibels). Typically,
most sites within any given noise zone will be of comparable proximity
to major noise sources.
(j)
REAL PROPERTY BOUNDARY — Means an imaginary line along the
ground surface, and its vertical extension, which separates the real
property owned by one (1) person from that owned by another person,
but not including intra-building real property divisions.
(k)
SOUND AMPLIFYING EQUIPMENT — Shall mean any machine or device
for the amplification of the human voice, music, or any other sound.
(l)
SOUND LEVEL (NOISE LEVEL) — In decibels is sound measured using
the A weighting network of a sound level meter. Slow response of the
sound level meter needle shall be used except where the sound is impulsive
or rapidly varying in nature, in which case fast response shall be
used.
(m)
SOUND LEVEL METER — Shall mean an instrument, including a microphone,
an amplifier, an output meter, and frequency weighting networks, for
the measurement of sound levels which satisfies the pertinent requirements
in American National Standards Institute's Specification SI 4-2013,
or the most recent revision thereof, for type S-2A general purpose
sound level meters.
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The definitions of technical terms not defined in this section
shall be obtained from the American National Standards Institute's
Acoustical Terminology S1-1-2013, or the most recent revision thereof.
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[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
Unless otherwise specifically indicated, the responsible party
shall be determined by the land use type and occupants of each property.
The responsible party shall be responsible for compliance with all
of the provisions of this chapter and shall be subject to all fines
and penalties assessed per the terms of this chapter.
(a)
Commercial Property. The business owner(s), as designated on the
business license, or the person identified on a Special Use Permit,
shall be responsible for compliance with the provisions of this chapter.
(b)
Residential Property. The owner or long-term renter (occupant for
a period of 30 days or more) within a dwelling unit, not a hotel or
motel, shall be responsible for compliance with the provisions of
this chapter.
(c)
Residential Property - Transient Rental. When the property is occupied
by a transient renter, the property owner shall be responsible for
compliance with the provisions of this chapter.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
(a)
The noise standards for various land use districts identified in
Table A shall, unless otherwise specifically indicated, apply to all
such properties within a designated district.
(1)
Areas not identified within Table A, or within the Waterside/Harbor
Area, shall be included in District 2.
(b)
Types of Noise Districts.
(1)
District 1. Predominately residential with other land use types
also present.
(2)
District 2. Predominately commercial with other land use types
also present.
(3)
District 3. Mixed land use types present including commercial
and residential.
(4)
Waterside/Harbor District. Area includes Avalon Harbor, Descanso
Bay and areas within 20 feet of the mean high tide.
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Table A
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[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
It shall be unlawful for any person to create any noise on any
street, sidewalk, or public place adjacent to any school, institution
of learning, or church while the same is in use or adjacent to any
hospital at any time, which noise unreasonably interferes with the
workings of such institution or which disturbs or unduly annoys patients
in a hospital, provided conspicuous signs are displayed on such street,
sidewalk, or public place indicating the presence of a school, church,
or hospital.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
It shall be unlawful for any person at a radius within 500 feet of any residential zone or of a hotel or motel, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device, or to cause to permit such construction operations, between the hours of 7:00 p.m. and 8:00 a.m., or at any time on a Sunday, except when such acts constitute emergency work as defined in subsection (d) of § 5-13.02 of this chapter and issuance a Noise Variance Permit as described in § 5-13.10.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
It shall be unlawful for any person within a residential zone or within 300 feet therefrom to repair, rebuild, or test any motor vehicle between the hours of 10:00 p.m. and 8:00 a.m., except when such activity constitutes emergency work as defined in subsection (d) of § 5-13.02 of this chapter and issuance a Noise Variance Permit as described in § 5-13.10.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
(a)
Outdoor use restrictions.
(1)
District 1.
a.
Within District 1, it shall be unlawful to use or operate or
cause to be used or operated outdoors any radio receiving set, musical
instrument, sound amplifying equipment, television set, or other machine
or device which produces or reproduces sound between the hours of
8:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible
from the real property line of which the sound amplifying equipment
is located.
(2)
District 2 and District 3.
a.
Within District 2 or 3, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from the real property line on which the sound amplifying equipment is located unless permitted by Special Use Permit as established by § 5-13.09.
(3)
Waterside/Harbor District.
a.
Within the Waterside/Harbor District, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from 20 feet of the vessel or real property line of which sound amplifying equipment is located unless permitted by Special Use Permit as established by § 5-13.09.
(b)
Violations.
(1)
First Violation - Infraction. Any person violating any provision
of this chapter shall be guilty of an infraction for the first instance
of such violation. The person shall be issued a notice of violation.
In addition, a notice of violation will be provided to the responsible
party of the property in which the violation took place.
(2)
Continuing or Subsequent Violations - Misdemeanor. Any person
or property issued a valid notice of violation who commits within
a year of the first valid violation a second or any subsequent violation
shall be subject to the following:
a.
A $500 fine for the second violation issued to the person and/or
the property's responsible party.
b.
A $1,000 fine for the third violation issued to the person and/or
property's responsible party.
c.
Revocation or suspension of Transient Rental License for a period
of 6 months, if applicable, and/or an additional $1,000 fine per violation
issued to the person and/or the property's responsible party.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
A Special Use Permit is required for outdoor use or operation
of any radio receiving set, sound amplifying equipment, television
set, or other machine or device which produces or reproduces sound
in such a manner as to be plainly audible from the property line on
which the sound amplifying equipment is located in District 2, District
3, or Waterside/Harbor District.
(a)
General Provisions. The City Manager may approve, conditionally approve
or deny a permit, and may establish conditions and limitations, including
but not limited to hours of operation, public notification, use of
noise control devices, and other measures necessary to minimize potential
effects on properties adjacent to or in the vicinity of the proposed
special use.
(b)
Application Procedure. A request for a special use permit shall be submitted to the City Manager's Office on a form provided for that purpose. The application will include a Sound Impact Plan as outlined in § 5-13.09(b)(1) and the required fee established by resolution of the City Council. The City Manager may require additional information where deemed necessary to complete the City's review and evaluation.
(1)
Sound Impact Plan will include.
a.
A site plan indicating the location of the stage, size, location
and orientation of the speakers or other sound amplifying devices,
b.
Any sound buffering measures being taken,
c.
Location of onsite decibel meters,
d.
A designated sound measurement location, at an unobstructed
location identified within 50 feet in front of the speakers or sound
amplifying devices.
1.
The volume of the sound may not exceed 70 decibels at the location
of the designated sound measurement location as identified on the
Sound Impact Plan.
(c)
Special Use Permit Restrictions by District.
(1)
District 2 - There is no restriction in the number of special
use permits that may be issued within this district.
(2)
District 3 - No more than four special use permits may be issued
to a location each week.
(3)
Waterside/Harbor District - No more than two special use permits
may be issued to a vessel each week.
(d)
Appeals. The City Manager's decision on a special use permit
shall become final 10 days after notice of the action is given to
the applicant. The applicant may appeal to the City Council by filing
a notice of appeal with the City Clerk prior to the decision becoming
final. The decision of the City Council shall be final.
(e)
Violation and Revocation.
(1)
First Violation - Infraction. Any person violating any provision
of this chapter shall be guilty of an infraction for the first instance
of such violation. The person shall be issued a notice of violation.
In addition, a notice of violation will be provided to the responsible
party of the property in which the violation took place.
(2)
Continuing or Subsequent Violations - Misdemeanor. Any person
or property issued a valid notice of violation who commits within
a year of the first valid violation a second or any subsequent violation
shall be subject to the following:
a.
A $500 fine for the second violation issued to the person and/or
the property's responsible party.
b.
A $1,000 fine for the third violation issued to the person and/or
the property's responsible party.
c.
Revocation or suspension of Special Use Permit or Transient
Rental License for a period of 6 months, if applicable, and/or an
additional $1,000 fine per violation issued to the person and/or the
property's responsible party.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3,
2022]
(a)
The City Manager is authorized to grant variances for exemption from
any provision of this chapter, subject to limitations as to area,
noise levels, time limits, and other terms and conditions as the City
Manager determines are appropriate to protect public health, safety
and welfare from the noise emanating therefrom. This section shall
in no way affect the obligation to obtain any permit or license required
by law for such activities.
(b)
Any person seeking a variance shall file an application with the
City Manager's office. The application shall contain information
which demonstrates that bringing the source of sound or activity for
which the variance is sought into compliance with this chapter would
create an unreasonable hardship on the applicant, on the community,
or on other persons. The application shall be accompanied by a fee
in the amount set by resolution of the City Council. A separate application
shall be filed for each noise source; provided, however, that several
fixed sources on a single property may be combined into one application.
Notice of an application for a variance shall be published according
to rules established by this chapter; all residents whom the City
Manager determines may be adversely affected by the noise shall be
notified. Any individual who claims to be adversely affected by the
issuance of the variance may file a statement with the City Manager's
Office containing any information to support his/her claim.
(c)
In determining whether to grant or deny the application, the City
Manager shall balance the hardship on the applicant, the community,
or other persons by not granting the variance against the adverse
impact on the health, safety and welfare of persons affected, the
adverse impact on property affected, and any other adverse impact
by granting the variance. Applicants for variances and persons contesting
variances may be required to submit such information as the City Manager's
Office may reasonably require. In granting or denying an application,
the City Manager shall keep a public record of the decision and the
reasons for denying or granting the variance.
(d)
A variance shall be granted by written notice to the applicant containing
all necessary conditions, including a time limit on the permitted
activity. The variance shall not become effective until all conditions
are agreed to by the applicant. Noncompliance with any condition of
the variance shall terminate the variance and subject the applicant
to the penalties as set forth in 5-13.09(e).
(e)
The City Manager will issue guidelines defining the procedures to
be followed in applying for a variance and the criteria to be considered
in deciding whether to grant a variance.
