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HomeMy WebLinkAbout1544 ORDINANCE NO. 1544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROHIBITING THE EMISSION OR CREATION OF NOISE BEYOND CERTAIN ~VELS AND AT SPECIFIC TIMES. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 6 of ARTICLE IV of the Arcadia Municipal Code is hereby amended to read as follows: ARTICLE IV. PUBLIC WELFARE, MORALS AND POLICY CHAPTER 6. NOISE REGULATIONS PART 1. GENERAL PROVISIONS 4610. DECLARATION OF POLICY. It is hereby declared to be the policy of the City to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels, noises are detrimental' to the health and welfare of the citizenry, and, in the public interests, such noise levels shall be systematically proscribed. 4610.1. DEFINITIONS. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: (a) A-Weighted Sound Pressure Level. "A-Weighted Sound Pressure Level" shall mean the sound pressure level as measured with a sound meter using the A-weighting network. The standard notation is dBA. -1- 1544 (b) Cyclically Varying Sound. "Cyclically Varying Sound" shall mean and include steady or non-steady sound which varies in amplitude such that the same sound pressure level is obtained repetitively at reasonable uniform intervals of time. (c) Day. "Day" shall mean the time period from 7:00 a.m. to lO:OO p.m. (d) DecibeL "Decibel" shall mean a unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of a standard sound (.0002 microbars). The standard notation is dB. (e) Emergency Work. "Emergency Work" shall mean work made 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 public or private utilities to restore utility service. (f) Impulsive Noise. "Impulsive Noise" shall mean and include any noise which is composed of momentary noises that are repeated at sufficiently slow rates, such that a sound level meter set at "fast" meter characteristic will show changes in sound pressure level greater than 10 dBA. (g) Night. "Night" shall mean the time period from lO:OO p.m. to 7:00 a.m. (h) Person. "Person" shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature. -2- 1544 (i) Property Boundary. "Property Boundary" shall mean an imaginary line at the ground surface, which separates the real property owned by one person from that owned by another person and its vertical extension. This shall include condominium units, with the "property boundary" being the wall, floor, or ceiling separating the adjoining condominium units. (j) Pure Tone. "Pure Tone" shall mean a sound wave whose instantaneous sound pressure varies essentially as a simple sinesoida1 function of time. (k) Sound. "Sound" shall mean the sensation perceived by the sense of hearing. For the purpose of this ordinance, the term "sound" and "noise" shall be used synonymously. (ll Sound Amplifying Equipment. "Sound Amplifying Equip- ment" shall mean any machine or device for the amplification of the human voice, music, or any other sound, but shall not include: 1. Warning devices or emergency vehicles. 2. Horns, burglar and fire alarms, or other warning devices expressly authorized by law. (ml Sound Level. "Sound Level" shall mean the decibel level of a sound measured by use of the "A" weight scale, and with slow response by a sound level meter. (n) Sound Level Meter. "Sound Level Meter" shall mean a measurement instrument containing a microphone, or amplifier, an output meter and "A" frequency weighting networks for the measure- -3- 1544 ment of sound levels, which satisfies the pertinent requirements in American Specifications for Sound Level Meters S- 4- 971, or the most recent revision thereof. (ol Steady Sound. "Steady Sound" shall mean sound for which the sound pressure level remains essentially constant during the period of observation. It does not vary more than six (6) dBA when measured with the "slow" meter characteristics of a sound level meter. 4610.2. SOUND LEVEL MEASUREMENTS. Any sound level measurement made pursuant to the provisions of this ordinance shall be measured with a sound level meter using the A-weighting and response as indicated in Section 4610.1 (n) of this article. 4610.3. NOISE LIMITS. (a) It shall be unlawful for any person within the City of Arcadia to produce or cause or allow to be produced sound or noise which is amplified by the use of sound amplifying equipment and which amplified noise or sound is received on property occupied by another person within the designated region, in excess of the fOllowing levels, except as expressly provided otherwise or exempted hereinafter: Day Night 7:00 a.m. to 10:00 p.m. to Region 10:0,0 p.m. 7:00 a.m. Residential Zone 55 dBA 50 dBA Commercial Zone 65 dBA 60 dBA Industrial Zone 70 dBA 70 dBA -4- 1544 At the boundary line between two of the above zones the noise level of the quieter zone shall be used. (b) Corrections to Noise Limits. The numerical limits given in Section 4610.3(a) shall be adjusted by the following corrections, where appropriate: Noise Condition Correction (in dB) 1. Impulsive sounds, pure tone or sounds with a cyclically vary- ing amplitude -5 (The following corrections apply to day only.l 2. Noise occurring more than 5 but less than 15 minutes per hour +5 3. Noise occurring more than 1 but less than 5 minutes per hour +10 4. Noise occurring less than 1 minute per hour +15 ARTICLE IV. PUBLIC WELFARE, MORALS AND POLICY CHAPTER 6. NOISE REGULATIONS PART 2. SPECIAL NOISE SOURCES 4620. RADIOS, TELEVISION SETS, AND SIMILAR DEVICES. Any noise level from the use or operation of any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound between 10:00 p.m. and 7:00 a.m., which exceeds the noise limit at the property line of any receiving property, or, if a condominium, within any -5- l544 condominium unit within the complex, by more than five (5) decibels shall be a violation of the provisions of this Chapter. 4620.1. AMPLIFIED SOUND. The use of loudspeakers or sound amplifying equipment in the City which exceeds the noise limits as set forth in Section 4610.3, at any property line, or, if a condominium unit, within any condominium unit within the complex, shall be in violation of this ordinance. 4620.2. EXEMPTIONS. (a) Lawfully conducted parades. (b) Bells, chimes, or carillons while being used in conjunc- tion with religious or patriotic services. (c) Systems used to warn the community of attack or imminent public danger. (dl All authorized school activities being conducted upon school or public property. (e) Sound emanating from S-l zoned property and related parking areas. ARTICLE IV. PUBLIC WELFARE, MORALS AND POLICY CHAPTER 6. NOISE REGULATIONS PART 3. GENERAL NOISE REGULATIONS 4630. LOUD, UNNECESSARY AND UNUSUAL NOISE. Not withstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or -6- 1544 cause to be made and continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood, or which causes discomfort or annoyance to residents of the area. The standards which may be considered in determining whether a violation of'the provisions of this Section exists, may include, but not be limited to, the following: (a) The level of the noise; (b) Whether the nature of the noise is usual or unusual; (c) The nature of the area within which the noise emanates; (d) The density of the inhabitation of the area within which the noise emanates; (e) The time of day or night; (f) The duration of the noise; (g) Whether the noise is produced by a commercial or non- commercial activity. 4630.1. NOISE. MOTORCYCLE, MOTOR-DRIVEN CYCLE, OR MOTOR SCOOTER. No person shall operate a motorcycle, motor-driven cycle, or motor scooter on residential property, or permit such operation on such property under his control, except in the course of driving the vehic~e directly onto or off of said property. This Section shall not be construed to permit the operation of a motor vehicle on any unimproved property in violation of the Zoning Ordinance. Motor vehicles operated on the street are regulated by the Vehicle Code and are excluded from the provisions of this Section. -7- l544 SECTION 2. Section 9266.3.2 of the Arcadia Municipal Code is hereby repealed. The City Clerk shall certify the adoption of this ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 4th day of Novembei , 1975, by the affirmative vote of at least three Council Members, to wit: AYES: Councilmen HeTII\s,' ,La.ubei, Saelid, Scott and Gilb NOES: None ABSENT: None City Clerk of the of Arcadia SIGNED AND APPROVED this4thday of NovemDer ,1975. ~cC~ CJ.ty of ArcadJ.a ATTEST: ~~ City Clerk (SEAL) -8- 1544