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Home My WebLink About02/06/1990, C-8 - GIVE FINAL PASSAGE TO ORDINANCE NO. 1159 AMENDING CHAPTERS 1.0 AND 9.12 OF THE SAN LUIS OBISPO MUNI 4�Ih�I9�l��lllll�ll�IIIIIII 4y 1' MEETING DATE: I�N�►u city o sa►n tins oBispo 2-6-90 NNOMs COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Jeffrey G. Jorgense�#�N/ City Attorney SUBJECT: Give final passage to Ordinance No. 1159 amending Chapters 1.0 and 9.12 of the San Luis Obispo Municipal Code Concerning Noise Control BACKGROUND: On December 18, 1989, Municipal Court Judge James Ream declared a portion of the San Luis Obispo noise ordinance (SLOMC §9. 12.020(U) ) unconstitutional. The Judge also indicated that the ordinance was constitutionally flawed in other areas (§ 9. 12.050) . Another municipal court judge refused to hear noise complaints as infractions because they are not included in the list of infractions specified in Municipal Code § 1. 12.060. Therefore, the City could not presently count on successfully enforcing its noise ordinance. As a result, on January 16, 1990, the Council introduced Ordinance 1159 to print, making technical revisions to - Chapters 1. 0 and 9. 12 of the San Luis Obispo Municipal Code concerning noise control to make the City's noise regulations enforceable. FISCAL IMPACT: There are no short or long-term fiscal impacts expected. CONSEQUENCES OF NOT TAKING AN ACTION: The current noise ordinance would remain in effect and would prevent the City from enforcing noise violations because the of the current ordinance's unconstitutionality/unenforceability. Attachments: Ordinance 1159 (1990 Series) e ORDINANCE. NO. 1159 (1990 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING PORTIONS OF MUNICIPAL CODE CHAPTERS 1.0 AND 9.12 OF THE SAN LUIS OBISPO MUNICIPAL CODE CONCERNING NOISE CONTROL BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Section 1. 12.060 of the San Luis Obispo Municipal Code is hereby amended to read-as follows: 111.12.060 Designation of Infractions. "a. Wherever this code so specifies, a violation of this code shall constitute an infraction rather than a misdemeanor. "b. In addition, a violation of any of the following provisions shall constitute an infraction, and not a misdemeanor: Chapters 3.04 and 3.08 -- Tax Procedure; .Chapters 10.04 - 10.76 and 10.84 -- Traffic Regulations O Title 6 -- Animal Regulations Chapter 12.24 -- Tree Regulations; Chapter 5.04 -- Business Licenses; Chapter 3.12 -- Uniform Sales and Use Tax; Chapters 12.04 - 12 .16 -- Street Excavations; Chapter 13.04 --Public Utilities and Rates Chapter 9.12 -- Noise Control" SECTION 2. Section 9. 12.020T of the San Luis Obispo Municipal Code is hereby amended to read as follows: "T. 'Noise control office(r) (NCO) ' means the municipal agencies or departments, having lead responsibility for this chapter, or their employees." SECTION 3. Section 9.12.020U of the San Luis Obispo .Municipal Code is hereby amended to read as follows: "U. 'Noise disturbance' means any sound which (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or disturbs reasonable persons of normal sensitivities; or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section 9.12.060 of this chapter. Compliance with the quantitative standards as listed in this chapter shall constitute elimination of a noise disturbance." C -- -•--..- 1159 Ordinance No. 1159 (1990 Series) Page Two SECTION 4. Section 9.12.040 of the San Luis Obispo Municipal Code is hereby amended to read as follows: "9. 12.040 General noise regulations. "Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully or negligently make or continue, or cause to __ ,_ - be made or continued, or permit or allow to be made—or continued, any noise which disturbs the peace and quiet _. of any_neighborhood-or-which- -any discomfort _or- annoyance rannoyance to any reasonable person of normal sensitivity in the area. "No permit shall be issued for any activity that may violate this section. The factors which may be considered in determining whether a violation of the provisions of this section. exists include, but are not limited to, the following: "A. The sound level of the objectionable noise; B. The sound level of the ambient noise; C. The proximity of the noise to residential sleeping facilities; D. The nature and zoning of the area within which the noise emanates; E. The number of persons affected by the noise source; F. The time of day or night the noise occurs; G. The duration of the noise and its tonal, informational or musical content; H. Whether the noise is continuous, recurrent or intermittent; I. Whether the noise is produced by a commercial or noncommercial activity. " SECTION 5. Section 9. 12.050A of the San Luis Obispo Municipal Code is amended to read as follows: 119. 12.050 Prohibited Acts. "A: Noise Disturbances Prohibited. No person shall make, continue or cause to be made or continued, or permit or allow to be made or continued, any noise disturbance in such a, manner as to be plainly audible at a distance of fifty feet from the noise maker, provided nothing in this section shall be construed to prohibit any noise which does not penetrate beyond the boundaries `� Ordinance No. 1159 (1990 series-)- Page Three of the noisemaker's own premises or does not constitute an unreasonable disturbance to people lawfully on said premises." SECTION 6. Section 9. 12. 100C of the San Luis Obispo Municipal Code is amended to read as follows: "9.12.100 Exceptions. "C. Appeals. Appeals of an adverse decision under this section of the police department's noise control office(r) shall be made to the community development - - department. Review----of---the community -development---. — department shall be limited to whether the decision is supported by substantial evidence. " SECTION 7. A synopsis of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. �J On motion of Crnmrilwnman Rap a , seconded by Councilman .Reiss , and on the following roll call vote: AYES: Councilmembers .Rappa, Reiss, Pinard and Roalman NOES: Mayor Dunin ABSENT: None the foregoing ordinance was INTRODUCED AND PASSED TO :PRINT this 16th day of January 1990. / ayor .Ron Dunin ATTEcrnz f ) V City Jerk Pam VDgLfs Ordinance No. 1159 (1990 Series) Page Four APPROVED: City A inistrative Officer tt ney -- - - - Chief of Police n tl U+< M`71NG AGENDA DA,t . 90 ITEM # ar ASSOCIATED STUDENTS, INC. EXECUTIVE OFFICE AV JULIAN A. MCPHEE UNIVERSITY UNION ZAF AE CALIFORNIA POLYTECHNIC STATE UNIVERSITY Z ow '00e SAN LUIS OBISPO, CALIFORNIA 93407 TEL: 805/756-1291 FAX: 805f756-5802 TO: RooDunin,, DATE: February 1, 1990. CiObi oCOPIES: A. Vander ::crat FROM: Riis J. Gardiner ChSty Liaison Committee RE: Noise Ordinance As per the January 16 City Council meeting, the Student/Community Liaison Committee will organize a task force to thoroughly review the Noise Ordinance. Due to the fact that the Ordinance was passed to print, it was noted among concerned students, that the three week. interim. period would not allow sufficient time for a complete review. Consequently, should the Council decide to pass the Noise Ordinance at the February 6 meeting, the Student/Community Liaison Committee will later bring to the Council their findings/recommendations received from the task force. If you have any questions, please contact me at 756-1291. Thank you , Gu-ot�3c;�on by � Sat:Xi;c:o�;i I 9 I I+ ssxrid by: .. oundi 2 i N G.hO f VC!erk-prig. RECEIVE ® Kf/A,�P�anl FEB 5 1990 CITY CLERK SAN LUIS OBISPO.CA