HomeMy WebLinkAbout02/02/2010, C3 - FINAL ADOPTION OF ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 9.12 - NOISE REGULATIONS co un ci t MRringDa
February 2,2010
acEnaa Report
CITY O F SAN L U I S O B I S P 0
FROM: Deborah Linden, Chief of Police 0
SUBJECT: FINAL ADOPTION OF ORDINANCE AMENDING MUNICIPAL
CODE CHAPTER 9.12—NOISE REGULATIONS
RECOMMENDATION
Adopt Ordinance No. 1540 (2010 Series) amending section 9.12.110 of the San Luis Obispo
Municipal Code (Residential Noise Regulations).
DISCUSSION
On January 19, 2010, the City Council received a presentation by staff regarding proposed
amendments to section 9.12.110 of the San Luis Obispo Municipal Code (Residential Noise
regulations). The amendments allow the use of the City's administrative citation process to hold
property owners financially responsible when noise violations repeatedly occur at their
properties. The Council voted 5-0 to introduce Ordinance No. 1540 (2010 Series) amending
section 9.12.110 of the San Luis Obispo Municipal Code, with one modification: the duration of
the Police Department's premises list was extended from six months to nine months. Section
9.12.110 D of the Municipal Code — Noise regulations, Continued Violations — was amended
accordingly.
Ordinance No. 1540 (2010 Series) is now ready for adoption and will become effective thirty
days after the date of its final passage.
ATTACHMENTS
Ordinance No. 1540 (2010 Series)
T:\Council Agenda Reports\Police CAR\2009\Noise Ordinance Amendments\Noise Ordinance Amendments Final Adoption 2-2-10.130C
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ATTACHMENT
ORDINANCE NO. 1540 (2010 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REPEALING AND REPLACING CHAPTER 9.12 OF THE SAN LUIS OBISPO
MUNICIPAL CODE TO CREATE SANCTIONS FOR CONTINUED NOISE
VIOLATIONS
WHEREAS, the Council of the City of San Luis Obispo met in the Council Chamber of
City Hall, 990 Palm Street, San Luis Obispo, California, on January 19, 2010, for the purpose of
considering changes proposed to the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 9.12.110 (Enforcement) of Chapter 9.12 (Noise Control) of Title 9
(Public Peace, Morals and Welfare) of the San Luis Obispo Municipal Code is hereby repealed.
SECTION 2. New Section 9.12.110 (Enforcement) of Chapter 9.12 (Noise Control) of
Title 9 (Public Peace, Morals and Welfare) of the San Luis Obispo Municipal Code is hereby
adopted to read as follows:
9.12.110 Enforcement.
A. Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise
zone as provided in Table 1 of Section 9.12.060 and Table 1 of Section 9.12.070 of this chapter,
or the prohibited actions as provided in Section 9.12.050 of this chapter, shall be deemed to be
prima facie evidence of a violation of the provisions of this chapter.
B. Violations. Any violation of the provisions of this chapter shall be a misdemeanor or be
subject to administrative citation. Each hour such violation is committed or permitted to continue
shall constitute a.separate offense and shall be punishable as such.
C. Abatement Orders.
1. In lieu of issuing a notice of violation as provided for in subsection B of this section,
the noise control office(r) or police department responsible for enforcement of any provision of
this chapter may issue an order requiring abatement of a sound source alleged to be in violation,
within a reasonable time period and according to guidelines which the noise control office(r)
may prescribe.
2. No complaint or further action shall be taken in the event that the cause of the violation
has been removed, the condition abated or fully corrected within the time period specified in the
written notice. (Ord. 1484 § 3 (part), 2005: Ord. 1032 § 2 (part), 1985)
D. Continued Violations. Once a violation of any provision of this chapter has been verified
by a noise control or police officer, the owner(s) of the property where the violation occurred
may be subject to administrative action or citation for allowing a subsequent violation of this
chapter to occur on the property within nine months after the date of a previous violation,
provided the property owner has received notification from the City of the previous violation and
at least 14 days have passed since the date the notification was mailed to the property owner(s).
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the names of Council members voting for and against, shall be published at least five (5)
C3 -D,
Ordinance No. 1540 (2010 Series)
ATTACHMENT
Page 2
days prior to adoption in The Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage. A copy
of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date
following introduction and adoption and shall be made available to any interested member of the
public.
INTRODUCED on the 19th day of January 2010 AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 2010, on the
following vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
(3stine Dietrick
ity Attorney
C3.-a