HomeMy WebLinkAbout1159ORDINANCE 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
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 officer) (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."
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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:
119.12.040 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 causes any discomfort or
annoyance 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
Page Three
(1990 Series)
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:
119.12.100 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.
On motion of Councilwoman Rappa , 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. PTO PRINT this 16th. day of
January , 1990.
yor Ron Dunin
ATTES
JPL U�',
City Clerk Pam ODge's
i
Ordinance No. 1159 (1990 Series)
Page Four
APPROVED:
City A ministrative Officer
Ordinance No. 1159
FINALLY PASSED this 6th
19 90 on motion of Councilman Roalman
Councilwoman Pinard
vote:
AYES:
NOES:
ABSENT:
f
_ day of February
seconded by
and on the following roll call
Councilmembers Roalman, Pinard, Rappa and Reiss
Mayor Dunin
None
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Mayor Ron Dunin
ATTEST:
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City 6llerk Pam 11 ges
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