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HomeMy WebLinkAbout0505ORDINANCE NO. 505 (1970 Series) AN ORDINANCE PROHIBITING EXCESSIVE NOISE. BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The San Luis Obispo Municipal Code is hereby amended to revise or add the following sections: Section 4225. Necessity for Anti -Noise Ordinance. (a) The maldng and creation of loud, unnecessary or unusual noises within the limits of the City of San Luis Obispo is a condition which has existed for some time and the extent and volume of such noises is increasing; (b) The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City of San Luis Obispo; and (c) The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City of San Luis Obispo and its inhabitants. Section 4225.1. Prohibited Conduct. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitiveness residing in the neighborhood. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: (a) The volume of the noise; (b) The intensity of the noise; (c) Whether the nature of the noise is usual or unusual; (d) Whether the origin of the noise is natural or unnatural; (e) The volume and intensity of the background noise, if any; (f) The proximity of the noise to residential sleeping facilities; (g) The nature and zoning of the area within which the noise emanates; (h) The density of the inhabitation of the area within which the noise emanates; f � Ordinance No. 505 (1970 Series) Page 2 (i) The time of the day or night the noise occurs; (j) The duration of the noise; (k) V%Fhether the noise is recurrent, intermittent, or constant; and (1) Whether the noise is produced by a commercial or noncommercial activity. Section 4225.2. Description of Representative Offensive Conduct. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this ordinance, but said enumeration shall not be deemed to be exclusive, namely: (1) Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. (2) Radios, Phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary.for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto, The operation of any such set, instrument, phonograph, machine or device between the hours of 12 h idnight and 7 A. M. in a residential district or between 2 A, i\al. and 7 A. i x, in a business or commercial district in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (3) Loud Speakers, Amplifiers for Advertising. The using, operating or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. ti Ordinance No. 505 (1570 Series) Page 3 (4) Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, between the hours of 2 A. M. and 7 A. ivi. in a business or commercial district or at any place in a residential district between the hours of 12 iViidnight and 7 A. N1. so as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, hotel or other type of residence, or of any persons in the vicinity. (5) Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger, or upon request of proper city authorities. (6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (7) Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. (8) Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. (9) Construction or Repairing of Buildings. The erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7 A. M. and 10 P. M. except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Chief Building Inspector, which permit may be granted for a period not to exceed three (3) days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 10 P. M. and 7 A. M. , and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 10 P. M. and 7 A.M., upon application being made at the time the permit for the wort: is awarded or during the progress of the work. Ordinance No. 505 (1970 Series) Page 4 (10) Schools, Courts; Churches, Hospitals. The creation of any excessive noise otbe r than that resulting from construction or excavation work on any street adjacent to any school, institution of learning, church or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicat- ing that the same is a school, hospital or court street. (11) Pile Drivers, Hammers, etc. The operation between the hours of 10 P.M. and 7 A. ivi. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise except in case of urvent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector or the City Engineer authorizing such devices to be operated during the otherwise prohibited hours while the emergency continues. (12) Blowers and lViotor Driven Cycles. The operation of any noise- creating blower or power fan or any cycle powered by an internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is properly muffled and such engine is equipped with a muffler device sufficient to reduce such noise to a level which will not disturb the surrounding neighborhood. The noise limits set forth in Section 23130 of the California Vehicle Code shall be deemed to be the applicable standard for noise emissi ons, provided, however, the basis for measuring such limits for devices operated on private property shall be a distance of 50 feet from the property line of the parcel of real property on which the device is located or, where the neighboring property is lawfully devoted to residential use, within any point on such neighboring property which complies with the required yard setbacks as established in the zoning ordinance for the applicable district. SECTION 2. The San Luis Obispo Municipal Code is hereby amended to repeal the following sections: Sections 8330.1 and 8330.2. SECTION 3. The San Luis Obispo Municipal Code is hereby amended to revise or add the following sections: Section 1200. Violations. No person shall violate any provision, or fail to comply with any of the require - ments of this Code. Except as otherwise provided herein, any persons violating Uruinance No, DUD (1.J/u merles) Page 5 any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of an infraction. Unless otherwise provided in this Code, any person convicted of an infraction under the provisions of this Code, shall be punishable by a fine of not less than twenty -five dollars nor more than two hundred fifty dollars. Every offense declared by this Code to be a mis - demeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine of not less than fifty dollars nor exceeding five hundred dollars, or by both. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punishable accordingly. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated as such by this City and each day such condition continues shall be regarded as a new and separate offense. Section 1255. The provisions of this Ordinance have been enacted pursuant to the provisions of Sections 19d and 353.6 of the Penal Code of the State of California. Section 3220.15. Adinirrum Penalty for Violation of Traffic Regulations. The minimum punishment for a violation of any of the provisions of Article III. V of this code entitled Traffic Regulations is a fine of one dollar ($1.00) . SECTION 4. Separability. It is the intention of the City Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. SECTION 5. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram Tribune, a newspaper published and circulated in said City, and the same shall go into effect at tl-e expiration of thirty days after its said final passag INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting held thereof on the 19th day of October , 1970, on motion of Mayor Schwartz , seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Blake, Graham, Spring and Mayor Schwartz NOES: Councilman Miller ABSENT: None ATTEST: City x . a 505 FINALLY PASSED this 16th day of November , 19 70 , by the following roll call vote: AYES: Councilmen Blake, Graham, Spring and Mayor Schwartz NOES: Councilman Miller ABSENT: Absent ?fit ATTEST: