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HomeMy WebLinkAbout1416 ORDINANCE NOo 1416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADDING CHAPTER 6 TO ARTICLE IV OF THE ARCADIA MUNICIPAL CODE REGULATING NOISE CAUSED BY MECHANICAL EQUIPMENT IN RESIDENTIAL DISTRICTS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Article IV of the Arcadia Municipal Code is hereby amended by adding thereto Chapter 6 to read as follows: CHAPTER 6. MACHINERY NOISE IN RESIDENTIAL DISTRICTS. 4600(a). Sounds produced by air conditioning equipment, pumps, fans or similar machinery in excess of sound pressure levels permitted herein in areas zoned for residential use are hereby determined to be objectionable and constitute a nuisance and an infringement of the right of quiet enjoyment of property in the city. (b). No person shall, within or adjacent to a residential district, create any such sound, which produces a sound pressure level at any point on the property line in excess of 60 decibels, reference 0.0002 microbar, read on the A-scale of a scund level meter, provided that with respect to sounds caused by machinery installed after adoption of this section, a level of 55 decibels, reference 0.0002 microbar, shall not be exceeded. Readings shall be taken in accordance with the instrument manufactcr~r's instructions, using the slowest meter response. (c). The sound level measuring microphone shall be placed at any point on or beyond the property line, but no closer than three (3') feet from any wall and not less than three (3') feet above the ground, where the above listed maximum sound pressure -1- 1416 level shall apply. At any point the measured level shall be the average of not less than three readings taken at two minute intErvals. To have valid readings, the levels must be five decibels or more above the levels prevailing at the same point excluding noise caused by the objectionable machinery. Sound Pressure Levels shall be measured with a Sound Level Meter manufactured according to USA Standard SI.4-1961, published by the United States of America Standards Institute, New York City, New York. (d). Any person who violates any of the provisions of this section shall be guilty of a misdemeanor in accordance with Article I, Chapter 2, hereofo (e), A written notice of intention to prosecute shall be given to the violator not less than five (5) calendar days before a misdemeanor complaint is issued. No complaint shall be issued if the cause of the violation is modified within five (5) days so as to prevent a recurrence, If the alleged violator cannot be located in order to serve the notice of intention to prosecute, the notice shall be mailed by certified mail to the violator at the address of the place where the violation occurred, in which event the five (5) day period shall commence on the day following the mailing of such notice. SECTION 2. The City Clerk shall certify to the adoption of this ordinance. -2- 1416 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 1st day of December , 1970, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Considine, Hage, Helms, and Butterworth NOES: None ABSENT: None SIGNED AND APPROVED thi-s] Ist(} (J3 of Decemb~r, 1970. !A~/ ~ 'J!;/~tvt<^lt, - Mayor o'f the City of Arcadia ATTEST: ~a&~( City Clerk / L !l~ '7/J':, A ~ ' . vt'd / /U'---zV-/,Le~~ (SEAL) -3- Iln6