HomeMy WebLinkAboutItem 6.1 Noise Ordinance (2) 5SO -35
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE : January 23, 1984
SUBJECT Public Hearing - Noise Ordinance
EXHIBITS ATTACHED Draft Ordinance
qo I I
RECOMMENDATION Open Public Hearing, receive public testimony, close
public hearing, wave reading and adopt Ordinance
FINANCIAL STATEMENT: Undetermined
DESCRIPTION At the City Council meeing of December 12 , 1983 the
City Council introduced a Noise Ordinance which had
been prepared by the City Attorney . City Council also
established January 23 , 1984 as a public hearing date
for the second reading of the noise ordinance..
This ordinance would restrict all types of noise and
would be enforced utilizing a "reasonable person"
standard. This ordinance would enable a police
officer to act as a witness and apply a standard of
reasonableness of noise based on the criteria
established in the attached ordinance .
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COPIES TO: Nidel Day
ITEM NO.
. / Diane Hanus
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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.
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 23rd day of January, 1984 , by the following votes :
AYES :
NOES :
ABSENT:
Mayor
ATTEST :