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HomeMy WebLinkAboutItem 7.1 Noise Ordinance (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 12, 1983 SUBJECT Noise Ordinance EXHIBITS ATTACHE Draft Ordinances RECOMMENDATION ��� Establish Public Hearing Date _ FINANCIAL STATEMENT: Undetermined DESCRIPTION At the City Council meeting of October 24 , 1983 , the City Council requested the City Attorney and City Staff to review different types of noise ordinances ; and bring back to the City Council, an ordinance which would address all types of noise rather than solely noise emitted from audio equipment. The City Attorney prepared two draft ordinances . The first ordinance applies a "reasonable person" standard which would enable a police officer to act as a witness and apply a standard of reasonableness of noise based on certain criteria ( see attached ordinance) . The second ordinance ( see attached) is much more technical in nature and would establish levels of noise (defined in decibels) in the various general zoning districts in the City . Enforcement of the second ordinance would require special equipment and a definite level of expertise to enforce . Staff prefers the first ordinance for the following reasons : 1) The first ordinance relies on the judgement of the police officer with respect to whether an individual ' s complaint about noise is meritorious . Police officers are required all the time to use their judgement in the field in performing their law enforcement duties . 2 ) The second ordinance relies on technical standards which may or may not be reasonable based on the ambient noise ( surrounding) a source of noise. In addition, taking measurements of noise may be difficult or impossible under certain conditions . With the second ordinance, all officers would have to receive special training in utilizing the equipment. CONCLUSION Dublin is a small community and has a relatively small number of noise complaints . Given the nature of the community, the first ordinance would be preferable from the standpoint of Staff . It is therefore recommended that the City Council review both ordinances and establish a public hearing date for consideration of the noise ordinance which establishes standards of reasonableness . ---------------------------------------------------------------------------- COPIES TO: Nidel Day r� Diane Hanus ITEM NO. / SAMPLE ORDINANCE NO. 1 ORDINANCE NO. - 83 AN ORDINANCE OF THE CITY OF DUBLIN PROHIBITING UNREASONABLE NOISE THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS : Section 1 . LEGISLATIVE FINDINGS The City Council finds that the making, creation or maintenance of loud, unnecessary, unnatural , unusual or habitual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity of the residents of the City of Dublin. The provisions of this ordinance are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quiet of the City and its inhabitants . Section 2 . UNREASONABLE NOISE PROHIBITED It shall be unlawful and a nuisance for any person within the City of Dublin persistently to maintain, emit, cause (mechanically or otherwise) , or permit any animal owned by him or in his possession or control to make, any loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. The standards which shall be considered in determining whether a violation of the provisions of this ordinance exists shall include, but shall not be limited to the following: ( a) The level, intensity, character and duration of the noise; (b) The level, intensity and character of background noise, if any; (c) The time when and the place and zoning district where the noise occurred; ( d) The proximity of the noise to residential sleeping facilities ; and (e) Whether the noise is recurrent, intermittent or constant. Section 3 . VIOLATION OF THIS ORDINANCE Each violation of this Ordinance shall constitute a separate offense ; and persons violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $500 . 00 or by imprisonment in the county jail for a period not exceeding thirty ( 30 ) days, or both such fine and imprisonment. SAMPLE ORDINANCE NO. 1 ORDINANCE PROHIBITING UNREASONABLE NOISE Page 2 Section 4 . IMMEDIATE EFFECT _ This Ordinance is necessary for the preservation of the public peace, health and welfare and shall take effect immediately. Section 5 . POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three ( 3 ) public places in the City of Dublin . in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 12th day of December, 1983 , by the following votes : AYES : NOES : ABSENT: Mayor ATTEST: City Clerk t�P�fFL E O,F'Q/,IIP,,�/CE NO, AZJ, ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS : Section 1. LEGISLATIVE FINDINGS The City Council finds that the making, creation or maintenance of loud, unnecessary, unnatural , unusual or habitual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity of the residents of the City of Dublin. The provisions of this ordinance are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quiet of the City and its inhabitants . Section 2 . - DEFINITIONS For the purposes of this ordinance certain terms are defined as follows : (a) Sound level : Sound level is expressed in decibels (dB) , which is a logarithmic indication of the ratio between the acoustic energy present at a given loca- tion and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1. 1 , "Accoustic Terminology, " paragraph Z . 9 , or successor reference . All references to dB in this chapter utilize the A-level weighting scale, abbreviated dBA, measured as set forth in this Section. (b) Sound Level Meter An instrument, including a microphone, an output .meter, and frequency weighting networks for measurement of sound levels , which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters , SlA 1971 , or the most recent revision thereof. (c) Noise Level Noise level is the maximum continuous sound level or repetitive peak level produced by a source or group of sources as measured with a precision sound level meter using the "A" weighting scale, and the meter response function set to "slow" . (d) Vehicle A vehicle is any device by which any person or property may be propelled, moved, or drawn upon a highway or street. -2- (e) Property Plane The property plane is a vertical plane including the property line which determines the property boundaries in space. (f) Emergencies Emergencies are essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm; work by private or public utilities when restoring utility service or such routine testing of standby equipment as may be necessary to assure reliability in the event of emergencies. (g) Person A person is any individual or other entity including, but not limited to a part- nership, association or corporation. Section 3 . RESIDENTIAL PROPERTY NOISE LIMITS (a) ' Residential Property . No person shall produce or allow to be produced by any machine, animal, device, or any combination of same on residential property, noise level in excess of 60 dBA at any point outside of the property plane. (b) Multi=family Re'sidentia'l Property No person shall produce or allow to be produced by any machine, animal device, or any combination of same on multi-family -3- residential property, a noise level in any dwelling unit in excess of 60 dBA except within the dwelling unit in which the noise source or sources originate. For purposes of this section, measurement of the noise level shall be taken at least four feet from any wall , floor, or ceiling inside any dwell- - ing unit on the same property with the windows and doors of the dwelling unit closed. (c) Distribution Transformers The noise levels from the Distribution Transformers on private property shall be measured at a distance of 25 feet or from the nearest residential structure, whichever is shorter. Section 4 . COMMERCIAL PROPERTY NOISE LIMITS No person shall produce or allow to be produced by any machine, animal , device, or any combination of same on commercial property, a noise level in excess of 70 dBA at any point outside of the property plane. Section 5 . INDUSTRIAL PROPERTY NOISE LIMITS No person shall produce or allow to be produced by any machine, animal , device, or any combination of same, on industrial property, a noise level in excess of 75 dBA at any point outside of the property plane. -4- Section 6 . ' PUBLIC PROPERTY NOISE LIMITS (a) Noise Limit in Residential Area No person shall produce or allow to be produced by any machine, animal , device or any combination of same on public property in any residential area, a noise level in excess of 60 dBA at a distance of 25 feet or more from the noise source or sources, unless other- wise provided in this ordinance. (b) Noise Limit in Commercial Areas No person shall produce or allow to be produced by any machine, animal , device, or any combination of same, on public property in any commercial area, a noise level in excess of 70 dBA at a distance of 25 feet or more from the noise sources, unless other- wise provided in this ordinance. (c) Noise Limit in Industrial Areas No person shall produce or allow to be produced by any machine, animal , device, or any combination of same, on public property in any industrial area, a noise level in excess of 75 dBA at a distance of 25 feet or more from the noise source or sources , unless otherwise provided in the ordinance. -5- (d) Special Events Any community activity, sporting event or special event occurring upon any public school grounds , or at any City parks or streets is exempt from the provisions of this ordinance, provided that the event has been approved by the appropriate school official or City department or City Council. (e) Warning Devices Vehicle horns or other devices primarily intended to create a loud noise for warning purposes , shall be used only when a situation endangering life, health, or property is imminent. Section 7 . SPECIAL PROVISIONS (a) Daytime Exceptions Any noise which does not produce a noise level exceeding 70 dBA at a distance of 25 feet under its most noisy condition of use shall be exempt from the provisions of Sections 3 , 4 and 6 (a) . between the hours of 8 : 00 A. M. and 8 : 00 P. M. daily except Sundays and holidays when the exemption herein shall apply between 10 : 00 A. M. and 6 : 00 P. M. -6- (b) Safety Devices Aural warning devices which are required by law to protect the health, safety, and welfare of the community shall not produce a noise level more than 3 dB above the standard or minimum level stipulated by law. (c) Emergencies Emergencies and the testing of associated utility standby equipment are exempt from this ordinance. (d) Construction Notwithstanding any other provisions of this ordinance, between the hours of 8 : 00 A. M. and 8 : 00 P. M. daily, except Sundays and holidays , when the exemption herein shall apply between 10 : 00 A. M. and 6 :00 P. M. , construction, alteration, or repair activities which are authorized by a valid city permit shall be allowed if they meet at least one of the following noise limitations : (1) No individual piece of equipment shall produce a noise level exceeding 83 dBA at a distance of 25 feet. If the device is housed within a structure on the property, the-measurement shall be made outside the structure at a distance as _ close to 25 feet from the equipment as possible, or -7- (2) The noise level at any point outside of the property plane of the project shall not exceed 86 dBA. Section 8 . EXCEPTION PERMITS If the applicant can show to .the city manager or his designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this ordinance would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this ordinance may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions . Any such permit shall be of as short duration as possible up to six months , but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases . Any person aggrieved with the decision of the city manager or his designee may appeal to the City Council. -8-