HomeMy WebLinkAboutCC ORD 2001-2188 Amends Title 12, noise control (12.02, 12.04, 12.06, 12.08, 12.10, 12.12, 12.14, 12.16, 12.18, 12.20, 12.22)ORDINANCE NO. 2001 - 2188
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 12 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO NOISE CONTROL
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is hereby amended to read as follows:
Section 1. That Title 12 is amended by changing the heading and the table of
contents to read as follows:
TITLE 12
NOISE CONTROL
Chapters:
12.02 General Provisions
12.04 Definitions
12.06 Exterior Noise Limits
12.08 Interior Noise Limits
12.10 Prohibited Acts
12.12 Special Provisions and Exemptions
12.14 Sound Trucks
12.16 Exceptions
12.18 Enforcement
12.20 Noise Corridor(s) Map
12.22 Appendices
Section 2. That Title 12 is amended in its entirety to read as follows:
CHAPTER 12.02
GENERAL PROVISIONS
Sections:
12.02.010 Title
12.02.040 Declaration of findings and policy
12.02.060 Criteria
Section 12.02.020 Title. The ordinance codified in this title shall be known and
may be cited as "The Noise Control Ordinance" of the City of National City.
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Section 12.02.040 Declaration of findings and policy. Whereas, excessive noise
and vibration are a serious hazard to the public health and welfare and the quality of life; and
Whereas, the people have a right to and should be ensured an environment free from
noise and vibration that may jeopardize their health or welfare or degrade the quality of life.
Now, therefore, it is the policy of the City to prevent noise and vibration that may
jeopardize the health or welfare of its citizens or degrade the quality of life.
Section 12.02.060 Criteria. As criteria for this chapter, Table I is a chart showing
sound levels and their expected impact in terms of human response. Table II is a list of
National Goals for Noise Reduction as set forth by the U.S. Environmental Protection Agency
in their publication "Toward a National Strategy for Noise Control" April 1977.
TABLE I
SOUND LEVELS AND HUMAN RESPONSE
Common Sounds
Noise Level (dB)
Effect
Carrier deck
Jet operation
Air raid siren
140
Painfully loud
Jet takeoff (200 feet)
Thunderclap
Discotheque
Auto horn (3 feet)
130
120
Maximum vocal effort
Pile drivers
Chain saw (2 feet)
110
Garbage truck
767.10 Power lawn mower
(4 feet)
100
Heavy truck (50 feet)
City traffic
90
Very annoying
Hearing damage (8 hrs)
Alarm clock (2 feet)
Hair dryer
Vacuum cleaner
80
Annoying
2
Noisy restaurant
Freeway traffic
Man's voice
70
Telephone use difficult
Air conditioning unit (20 feet)
60
Intrusive
Light auto traffic (100 feet)
50
Quiet
Living room
Bedroom
Quiet office
40
Library
Soft whisper (15 feet)
30
Very quiet
Broadcasting studio
20
10
Just audible
0
Hearing begins
This decibel (dB) table compares some common sounds and shows how they rank in
potential harm to hearing. Note that 70 dB is the point at which noise may begin to harm
hearing, that 60 dB is the threshold of stress response and 45 dB disturbs sleep. To the ear,
each 10 dB increase seems twice as loud.
TABLE II
A.
To take all practical steps to eliminate hearing loss resulting from noise exposure;
B.
To reduce environmental noise exposure to an Ldn value of no more than
75 dB immediately;
C.
To reduce noise exposure levels to Ldn 65 dB by vigorous regulatory and planning
actions;
D.
To strive for an eventual reduction of noise levels to an Ldn of 55 dB.
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CHAPTER 12.04
DEFINITIONS
Sections:
12.04.020 Terminology
12.04.040 A -weighted sound level
12.04.060 Ambient noise level
12.04.080 Code Enforcement Officer
12.04.100 Construction
12.04.120 Continuous sound
12.04.140 Cumulative period
12.04.160 Day/night average sound level (Ldn)
12.04.180 Decibel
12.04.200 Demolition
12.04.220 Equivalent sound level (Leg)
12.04.240 Emergency work
12.04.260 Environmental noise
12.04.280 Fixed noise source
12.04.300 Impulsive sound
12.04.320 Intermittent sound
12.04.340 Intrusive noise
12.04.360 Licensed
12.04.370 Loudspeaker
12.04.380 Message
12.04.400 Mobile noise source
12.04.420 Motor vehicle
12.04.440 Motorboat
12.04.460 Muffler or sound dissipative device
12.04.480 Noise disturbance
12.04.500 Noise sensitive zone
12.04.520 Powered model vehicle
12.04.540 Public right-of-way
12.04.560 Public space
12.04.580 Pure tone
12.04.600 Real property boundary or real property line
12.04.620 Sound amplifying equipment
12.04.640 Sound level meter
12.04.660 Sound truck
12.04.680 Vibration perception threshold
12.04.700 Weekday
Section 12.04.020 Terminology. All terminology used in this title, not defined in
this chapter shall be in conformance with the American National Standards Institute standards
ANSI S1.1-1971, or most current revision.
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Section 12.04.040 A -weighted sound level. "A -weighted sound level" means the
sound level in decibels as measured on a sound level meter using the A -weighting network.
The level so read is often designated dB(A) or dBA.
Section 12.04.060 Ambient noise level. "Ambient noise level" means the composite
of noise from all sources near and far. In this context, the ambient noise level constitutes the
normal or existing level of environmental noise at a given location and time.
Section 12.04.080 Code enforcement officer. "Code enforcement office(r)" means
any city employee and/or police officer having lead responsibility for enforcing this chapter;
and, the city employee having responsibility for making noise surveys, noise analyses, noise
investigations and the administration of this chapter, other than enforcement.
Section 12.04.100 Construction. "Construction" means any site preparation,
assembly, substantial repair, alteration or similar action, for or of public or private rights -of -
way, structures, utilities or similar property or similar activity upon public or private structures
or land.
Section 12.04.120 Continuous sound. "Continuous sound" means sound that is of a
steady and uninterrupted nature of a specified time period. For the purposes of this title, the
minimum time period shall be one hour, unless otherwise provided.
Section 12.04.140 Cumulative period. "Cumulative period" means an additive
period of time composed of individual time segments that may be continuous or interrupted.
Section 12.04.160 Day/night average sound level (Ldn). "Day/night average sound
level (Ldn)" means a twenty-four hour average of the A -weighted sound level, with the level
during the period ten p.m. to seven a.m. increased by ten dB before averaging. It is denoted
"Ldn". It is typically used for assessing noise impacts from transportation noise sources.
Section 12.04.180 Decibel. "Decibel" (also "dB") means a unit for measuring the
amplitude of sound, equal to twenty times the logarithm to the base 10 of the ratio of the
pressure of the sound measured to the reference pressure, which is twenty micropascals.
Section 12.04.200 Demolition. "Demolition" means any dismantling, intentional
destruction or removal of structures, utilities, public or private right-of-way surfaces, or
similar property.
Section 12.04.220 Equivalent sound level (Leq). "Equivalent sound level (Leq)"
means the average sound level of an event measured over a stated time period, typically one
hour, in which case it may also be represented as "Lcq(h)".
Section 12.04.240 Emergency work. "Emergency work" means any work
performed for the purpose of preventing or alleviating the physical trauma or property damage
threatened or caused by an emergency.
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Section 12.04.260 Environmental noise. See "Noise disturbance —environmental"
as defined in Section 12.04.480A.
Section 12.04.280 Fixed noise source. "Fixed noise source" means a stationary
device that creates sounds while fixed or motionless, including but not limited to residential,
agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors,
air conditioners, and refrigeration equipment.
Section 12.04.300 Impulsive sound. "Impulsive sound" means sound of short
duration, usually less than one second, with an abrupt onset and rapid decay. Examples of
sources of impulsive sound include explosions, drop forge impacts, and the discharge of
firearms.
Section 12.04.320 Intermittent sound. "Intermittent sound" means sound which is
not continuous or which is of a cyclic or repetitive nature.
Section 12.04.340 Intrusive noise. "Intrusive noise" means that noise which
intrudes over and above the existing ambient noise at a given location. The relative
intrusiveness of a sound depends upon its amplitude, duration, frequency and time of
occurrence, and tonal or informational content as well as the prevailing ambient noise level.
Section 12.04.360 Licensed. "Licensed" means the possession of a formal license
or a permit issued by the appropriate jurisdictional authority; or, where no permits or licenses
are issued, the sanctioning of the activity by the jurisdiction as noted in public record.
Section 12.04.370 Loudspeaker. "Loudspeaker" —see "Sound Amplifying
Equipment".
Section 12.04.380 Message. "Message" means any voice, music, sound or other
audible stimulation.
Section 12.04.400 Mobile noise source. "Mobile noise source" means any noise
source other than a fixed noise source.
Section 12.04.420 Motor vehicle. "Motor vehicle" means any and all self-propelled
vehicles as defined in the California Motor Vehicle Code, including all on -highway type motor
vehicles subject to registration under the code, and all off -highway type motor vehicles subject
to identification under the code.
Section 12.04.440 Motorboat. "Motorboat" means any vessel propelled by
machinery, whether or not such machinery is the principal source of propulsion, but shall not
include a vessel which has a valid marine document issued by the Bureau of Customs of the
United States government or any federal agency successor thereto (Section 651(d), Harbors
and Navigation Code).
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Section 12.04.460 Muffler or sound dissipative device. "Muffler or sound
dissipative device" means a device consisting of a series of chambers or baffle plates, or other
mechanical design, for the purpose of receiving exhaust gas from an internal combustion
engine to reduce exhaust noise.
Section 12.04.480 Noise disturbance, Any noise exceeding the noise level limits for
a designated receiving land use category specified in Table III, or the noise emanating from
any of the prohibited actions specified in Chapters 12.08, 12.10 or 12.14 is a noise
disturbance. Noise disturbances are classified as either environmental or nuisance, or, in some
cases, both.
A. Noise Disturbance —Environmental. Those noises resulting from land use
activity normally permitted under the Land Use Code, but which exceed the noise level limits
set by this code for that particular land use. Environmental noise sources are specified in, but
not limited by, the list in Appendix A of Chapter 12.22.
B. Noise Disturbance —Nuisance. Those intrusive noises, other than environmental
noises, which, because of their unusual presence, are or may be considered harmful to health
and well-being, due to their raucous, annoying, or obnoxious and unpleasant nature and
characteristics. A nuisance noise is a noise that constitutes a "public nuisance", as defined in
Civil Code section 3479. Types of nuisance noise disturbances are further specified in, but not
limited to, the examples in Chapter 12.10 and Appendix A of Chapter 12.22.
Section 12.04.500 Noise sensitive zone. "Noise sensitive zone" means any area
designated by the planning commission for the purpose of ensuring noise control.
Section 12.04.520 Powered model vehicle. "Powered model vehicle" means any
self-propelled, airborne, waterborne or landborne plane, vessel, or vehicle, which is not
designed to carry persons, including but not limited to any model airplane, boat, car, or
rocket.
Section 12.04.540 Public right-of-way. "Public right-of-way" means any street,
avenue, boulevard, highway, bikeway, sidewalk or alley or similar place that is owned or
controlled by a government entity.
Section 12.04.560 Public space. "Public space" means any real property or
structures thereon which are owned or controlled by a governmental entity, other than the
public rights of way.
Section 12.04.580 Pure tone. "Pure tone" means any sound that is audible as a
single pitch or a set of single pitches.
Section 12.04.600 Real property boundary or real property line. "Real property
boundary" or "real property line" means an imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one person from that owned by
another person, but not including intra-building real property divisions.
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Section 12.04.620 Sound amplifying equipment. "Sound -amplifying equipment,"
means any machine or device using electronic, mechanical or combination means for the
amplification of the human voice, music or any other sound. This includes handheld or
portable loudspeakers and remotely located loudspeakers attached to and/or operated from a
vehicle. Sound amplifying equipment, as used in this title, shall not include standard
automotive audio systems installed as factory or dealer original equipment, warning devices on
authorized emergency vehicles, or horns or other warning devices on other vehicles used only
for traffic and public safety purposes.
Section 12.04.640 Sound level meter. "Sound level meter" means an instrument,
including a microphone, an amplifier, an output meter, and frequency weighting networks for
the measurement of sound levels, which meets or exceeds the requirements pertinent for Type
2 or S2A sound level meters, per American National Standards Institute specifications for
sound level meters, S1.4-1983, or more current revision.
Section 12.04.660 Sound truck. "Sound truck" means any motor vehicle, or any
other vehicle regardless of motive power, whether in motion or stationary, having mounted
thereon or attached thereto, any sound -amplifying equipment.
Section 12.04.680 Vibration perception threshold. "Vibration perception threshold"
means the minimum ground -borne or structure -borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as, but not limited to,
sensation by touch or the visual observation of moving objects. The perception threshold shall
be presumed to be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hz.
Section 12.04.700 Weekday. "Weekday" means any day, Monday through Friday,
which is not a legal holiday.
Sections:
12.06.020
12.06.040
CHAPTER 12.06
EXTERIOR NOISE LIMITS
Maximum permissible sound levels by receiving land use
Corrections to exterior noise level limits
Section 12.06.020 Maximum permissible sound levels by receiving land use.
A. The noise standards presented in Table III of this chapter for various categories
of land uses defined in Chapter 18.10 of the city land use code, shall, unless otherwise
specifically indicated, apply to each property or portion of property substantially used for a
particular type of land use reasonably similar to the land use types shown in Table III. Where
two or more dissimilar land uses occur on a single property, the more restrictive noise limits
shall apply.
B. Additional land use classifications may be added by resolution of the planning
commission to reflect both lower and higher existing ambient levels than those shown.
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C. Where doubt exists when making identification of receiving land use, the
planning commission may make an interpretation in the manner provided by Section
18.134.020 of the land use code.
D. No person shall operate or cause to be operated any source of sound at any
location within the city or allow the creation of any noise on property owned, leased, occupied
or otherwise controlled by such person, which causes the noise level to exceed the
environmental noise level or nuisance noise level, or both, of the applicable limits given in
Table III of this chapter at any point on or beyond the boundaries of the property on which the
sound is produced.
E. 1. Environmental noise shall be assessed by the A -weighted equivalent
sound level (Leq) for any hour (Leq(h)).
2. Nuisance noise shall be assessed as an A -weighted sound level not to be
exceeded at any time. Nuisance noise is not subject to hourly averaging as Leq(h). The sound
level of an event may be assessed by sound level meters or recording devices, or by other
objective methods. However, failure or inability to conduct measurements of the sound level
shall not bar enforcement or abatement.
3. Sound levels by receiving land use shall be measured at the boundary of
the property on which the sound is produced (generated) or at any point within the boundary of
the property affected.
4. Fixed location public utility distribution or fixed transmission facilities,
located on or adjacent to a property line shall be subject to noise level limits of this section
measured at or beyond six feet from the boundary of the easement upon which the equipment is
located.
Section 12.06.040 Corrections to exterior noise level limits. A. If the noise is
continuous as defined in Section 12.04.120, the Leq for any hour can be represented by any
lesser time period within that hour. Noise measurements of a few minutes only will thus
suffice to define the noise level.
B. If the noise is intermittent as defined in Section 12.04.320, the Leq for any hour
may be represented by a time period typical of the operating cycle. Measurement should be
made of a representative number of noisy/quiet periods. A measurement period of not less
than fifteen minutes is, however, strongly recommended when dealing with intermittent noise.
C. In the event the alleged offensive noise contains a steady, audible sound such as
a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or
riveting, or contains music or speech, the standard limits set forth in Table III shall be reduced
by 5 dB.
D. If the measured ambient level exceeds that permissible in Table III, the
allowable noise level standard shall be the ambient noise level. The ambient level shall be
measured when the alleged noise violation source is not operating.
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TABLE III
EXTERIOR ENVIRONMENTAL NOISE LIMITS1,2,3
1. Environmental Noise —shall be measured as Leq in any hour (Leq(h)).
2. Nuisance Noise —shall be measured as a decibel level not to be exceeded at any
time.
3. Except when other hours are specified in Chapter 12.10.
RECEIVING LAND USE CATEGORY
Allowable Noise Level (dB(A))
10 p.m. to 7 a.m. 7 a.m. to 10 p.m.
All residential (less than 9 dwelling units)
45
55
Multi -unit residential
(Consisting of 9 dwelling units or more)
and Public Space
50
60
Commercial
60
65
Light Industry
Industry east of I-5
70
70
Heavy Industry
Industry west of I-5
80
80
Sections:
12.08.020
12.08.040
CHAPTER 12.08
INTERIOR NOISE LIMITS
Maximum permissible dwelling interior sound levels
Correction for character of sound
Section 12.08.020 Maximum permissible dwelling interior sound levels.
A. No person shall operate or cause to operate, any source of sound within a
residential dwelling unit within a multifamily residential structure consisting of 2 or more
dwelling units, or allow the creation of any noise on property owned, leased, occupied or
otherwise controlled by such person, which thereby causes the noise level at the adjacent
interior boundary wall of an affected property to exceed the applicable noise level limits given
in Table IV.
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TABLE IV
Type of
Land Use
Time
Interval
Maximum Allowable Interior
Noise Level (dBA)
No Time
1 min in 1 hour
5 or more min
in 1 hour
Multifamily
Residential
(Consisting of 2
or more units)
10 pm-7 am
> 45
<
=
40
<
=
35
Multifamily
Residential
(Consisting of 2
or more units)
7 am-10 pm
> 55
<
=
50
<
=
45
( > greater than)
(< = less than or equal to)
B. If the ambient noise level inside the receiving dwelling unit exceeds that
permissible within any of the noise limit categories in Table IV, the allowable noise exposure
standard in that category shall be the measured ambient for a cumulative period of five minutes
in any hour, ambient plus 5 dB(A) for one minute in any hour and shall not exceed the ambient
plus 10 dB(A) at any time.
Section 12.08.040 Correction for character of sound. In the event an alleged
offensive noise event contains a steady, audible tone such as a whine, screech, or hum, or is an
impulsive and repetitive noise such as hammering or riveting, or contains music or speech, the
standard limits set forth in Table IV shall be reduced by 5 dB.
Sections:
12.10.020
12.10.040
12.10.060
12.10.080
CHAPTER 12.10
PROHIBITED ACTS
Noise disturbances prohibited —general prohibition
Prima facie evidence of violation
Radios, television sets, musical instruments and similar devices
Loudspeakers (Amplified sound) (Sound -amplifying equipment)
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12.10.090 Projection of telephone sound
12.10.100 Reserved
12.10.120 Animals and birds
12.10.140 Loading and unloading
12.10.160 Construction/demolition
12.10.180 Vibration
12.10.200 Powered model vehicles
12.10.220 Stationary non -emergency signaling devices
12.10.240 Emergency signaling devices
12.10.260 Motorized off -road vehicles operating off public right-of-way
12.10.280 Noise sensitive zones
12.10.300 Domestic power tools and machinery
12.10.320 Residential air conditioning or air handling equipment
Section 12.10.020 Noise disturbances prohibited —general prohibition.
A. It is unlawful to make, continue, or cause to be made or continued any noise
disturbance.
B. Violations of this title may be charged under this section, or as a violation of a
more specific section delineated elsewhere in this chapter or title.
Section 12.10.040 Prima facie evidence of violation. A. Except where a higher
noise limit is specified in this Chapter 12.10 or Table III of Chapter 12.06, any noise that is
audible at a distance of fifty (50) feet or more from the source of the sound, shall be prima
facie evidence of a noise disturbance.
B. The acts set forth in this chapter and the causing or permitting thereof are
declared to be specific examples constituting noise disturbances in violation of this title.
C. The decibel levels specified in Table III of Chapter 12.06 when assessed for
nuisance noise shall be measured pursuant to section 12.06.020 (E) (2) as a noise level not to
be exceeded at any time, and shall not be subject to hourly averaging as Leq(h).
Section 12.10.060 Radios, television sets, musical instruments and similar devices.
It is unlawful to operate, play or permit the operation or playing of any radio,
television set, phonograph, drum, musical instrument, or similar device which produces or
reproduces sound:
A. Between the hours of ten p.m. and seven a.m. at a level that exceeds the interior
noise limits of Table IV of Chapter 12.08 across the interior wall or boundary separating
attached multifamily dwelling units from each other, or the exterior noise limits of Table III of
Chapter 12.06 across a residential or commercial real property line; or, at any time to violate
the provisions of Section 12.06.020, except for activities for which an exception has been
issued pursuant to Chapter 12.16; or
B. In such a manner as to exceed the levels set forth for public space in Table III of
Chapter 12.06, measured at a distance of at least twenty-five feet from such device operating
on a public right-of-way or within or upon a public space.
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Section 12.10.080 Loudspeakers (Amplified sound) (Sound -amplifying equipment).
A. Except as otherwise provided in Chapter 12.14 for sound trucks, it is unlawful
to use or operate outdoors for any purpose any sound amplifying equipment, including a
loudspeaker, loudspeaker system, or similar device, between the hours of 9 p.m. and 8 a.m.
outdoors in a residential or commercial zone; and at any other time so as to violate the noise
level provisions of Section 12.06.020.
B. This prohibition shall not apply to any activity for which an exception has been
issued pursuant to Chapter 12.16 for environmental noise.
C. It is unlawful to operate any sound amplifying equipment that is not provided
with an operable volume limiting control device or switch.
Section 12.10.090 Projection of telephone sound. The use of sound -amplifying
equipment to project telephone sound in or to any outdoor area is expressly prohibited. Any
such system in existence upon the effective date of the ordinance codified in this section shall
immediately be removed.
Section 12.10.100 RESERVED
Section 12.10.120 Animals and birds. It is unlawful to allow any animal or bird to
howl, bark, meow, squawk, or make a sound characteristic of that species which creates a
noise disturbance across a residential or commercial real property line or within a noise
sensitive zone between the hours of 10 PM and 7 AM daily for more than three (3) minutes, or
at other times for more than ten (10) consecutive minutes or for more than a total of fifteen
(15) minutes within any sixty (60) minute period. This provision shall not apply to public
zoos.
Section 12.10.140 Loading and unloading. It is unlawful to load, unload, open,
close or otherwise handle boxes, crates, containers, building materials, garbage cans, or
similar objects between the hours of ten p.m. and seven a.m. daily in such a manner as to
create a noise disturbance across a residential real property line, or that at any time violates the
provisions of Section 12.06.020.
Section 12.10.160 Construction/demolition. A. Except as provided in Section
12.10.160 B, it is unlawful to operate or to allow or cause the operation of any tools or
equipment used in construction, drilling, repair, alteration, or demolition work between
weekday hours of seven p.m. and seven a.m., or at any time on weekends or holidays, such
that the sound therefrom creates a noise across a residential or commercial real property line
that violates the provisions of section 12.06.020.
B. Subsection A shall not apply to: emergency work performed by public service
utilities; work on private property that is necessary for fire and life safety; work permitted
pursuant to Chapter 12.16; or, to the use of domestic power tools as allowed in Section
12.10.300.
C. Noise from construction or demolition activities shall not exceed the maximum
noise levels at or within the boundaries of affected properties listed in the following schedule at
all other times:
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Mobile Equipment
Maximum noise levels for nonscheduled, intermittent, short-term operation (less than 10 days)
of mobile equipment:
Daily, except Sundays and Legal
Holidays, between 7 a.m. to 7 p.m.
Type I Type II Areas
Areas Semi -Residential/
Residential Commercial
75 dBA 85 dBA
Stationary Equipment
Maximum noise levels for repetitively scheduled and relatively long --term operation (periods
of 10 days or more) of stationary equipment:
Type I Areas Residential
Type I1 Areas
Semi -Residential/
Commercial
Daily, except Sundays 60 dBA 70 dBA
and Legal Holidays,
7 a.m. to 7 p.m.
Section 12.10.180 Vibration. It is unlawful to operate or permit the operation of
any device that creates a vibration which exceeds the vibration perception threshold at or
beyond the property boundary of the source if the source originates on private property, or at a
distance of one hundred fifty feet or more from the source if originating from a location on a
public space or public right-of-way. Vibration that occurs as an incidental result of sound
generation shall not be governed by this section only, but also by the prohibitions or
restrictions applicable to the source of the sound.
Section 12.10.200 Powered model vehicles. It is unlawful to operate or permit the
operation of powered model vehicles:
A. Between the hours of ten p.m. and seven a.m. daily so as to create a noise
disturbance across a residential or commercial real property line, or at any time to violate the
provisions of Section 12.06.020; or
B. In such a manner as to exceed the levels set forth for public space use in Table
III of Chapter 12.06 measured at a distance not less than one hundred feet from any point
along the path of the particular model vehicle being operated on the public space or public
right-of-way.
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Section 12.10.220 Stationary non -emergency signaling devices. A. Except as
provided in section 12.10.220B, it is unlawful to sound or permit the sounding of any
electrically operated or electronically amplified signal from any stationary bell, chime, siren,
whistle, or similar device, designed primarily for non -emergency purposes, from any place,
for more than ten seconds continually in an hourly period, or intermittently over one thirty-
second cumulative period in any hour.
B. Sound sources covered by this provision may be exempted or modified by
special authorization pursuant to Chapter 12.16.
Section 12.10.240 Emergency signaling devices. A. Except as provided in section
12.10.240B, it is unlawful to intentionally sound or permit the sounding outdoors of any fire,
burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling
device, except for emergency purposes.
B. 1. Testing of a stationary emergency signaling device is only permitted after
seven a.m. and before seven p.m. Any such testing shall use only the minimum cycle test
time. In no case shall such test time exceed sixty seconds.
2. Testing of the complete emergency signaling system, including the
functioning of the signaling device, and the personnel response to the signaling device, shall
not occur more than once in each calendar month. Such testing shall not occur before seven
a.m. or after ten p.m. The time limit specified in subsection B(1) shall not apply to such
complete system testing.
C. Sounding or permitting the sounding of any exterior security or fire alarm or
any motor vehicle security alarm for more than fifteen minutes is prohibited.
Section 12.10.260 Motorized off -road vehicles operating off public right-of-way.
It is unlawful to operate or cause to be operated any motorized off -road vehicle off a
public right-of-way or on private property in such a manner that the sound levels emitted
therefrom violate the provisions of Section 12.06.020. This section shall apply to all motorized
vehicles, whether or not duly licensed and registered or identified, including, but not limited
to, commercial or noncommercial racing vehicles, motorcycles, go-carts, three-wheelers,
amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats.
Section 12.10.280 Noise sensitive zones.
It is unlawful to:
A. Create or cause the creation within any noise sensitive zone of any sound that
exceeds the specified land use noise standards set forth in Section 12.06.020, provided that
conspicuous signs are posted on each corner of the public right of way at the perimeter of the
zone indicating the presence of the zone; or
B. Create or cause the creation of any sound within or adjacent to any noise
sensitive zone containing a hospital, nursing home, school, court or other designated
occupancy, so as to be audible at the exterior wall of a designated structure within that zone,
provided that conspicuous signs are posted on each corner of the public right of way at the
perimeter of the zone indicating the presence of the zone.
15
Section 12.10.300 Domestic power tools and machinery.
It is unlawful to:
A. Operate or permit the operation of any mechanically powered saw, sander, drill,
grinder, lawn or garden tool, or similar tool between ten p.m. and seven a.m. so as to create a
noise disturbance across a residential or commercial real property line.
B. To fail to enclose or muffle and to maintain any motor, machinery, pump, or
other noise producing equipment, such as swimming pool equipment, etc., so as to create or
allow the creation of a noise disturbance across a residential or commercial property line
exceeding the limits in Section 12.06.020.
Section 12.10.320 Residential air conditioning or air handling equipment.
It is unlawful to operate or permit the operation of any air conditioning or air -handling
equipment in such a manner as to exceed any of the sound levels specified in Section
12.06.020.
CHAPTER 12.12
SPECIAL PROVISIONS AND EXEMPTIONS
Sections:
12.12.020
12.12.040
12.12.060
12.12.080
Warning devices
Outdoor activity exemptions
Exemptions from exterior noise standards
Federal or state preempted activities
Section 12.12.020 Warning devices. Warning devices on public transportation and
public vehicles that are necessary for the protection of public safety, as for example, police,
fire and ambulance sirens, and train horns, are exempted from the provisions of this title.
Section 12.12.040 Outdoor activity exemptions. The provisions of this title shall not
apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment
events conducted pursuant to a permit or license issued under Chapter 15.60; to regularly
scheduled school activities conducted by a community college or school district; or, to
activities for which noise control parameters and regulations have been adopted pursuant to
Chapter 18.116 of the Land Use Code.
Section 12.12.060 Exemptions from exterior noise standards.
The provisions of Section 12.06.020 shall not apply to activities covered by the
following sections:
A. Section 12.10.220, stationary non -emergency signaling devices;
B. Section 12.10.240, emergency -signaling devices;
C. Chapter 12.14, sound trucks;
16
D. Section 12.16.020G, wherein noise limit exceptions or allowances are
specifically provided for in the issuance of any temporary use permit pursuant to Chapters
15.60 or 18.116, or in other city council approvals of parades, civic functions or gatherings for
which noise control is specifically provided for or regulated.
E. Automotive noise generated by vehicles properly equipped and operating on
public rights of way in accordance with California Vehicle Code.
Section 12.12.080 Federal or state preempted activities. Any other activity to the
extent noise regulation thereof has been preempted by state or federal law is exempted from the
provisions of this Title 12.
Sections:
12.14.020
12.14.040
12.14.060
12.14.080
12.14.100
12.14.120
12.14.140
12.14.160
12.14.180
12.14.200
12.14.220
CHAPTER 12.14
SOUND TRUCKS
Sound trucks —Sound -amplifying equipment
Reserved
Reserved
Applications for license
Reserved
Inspections and equipment conditions required for issuance of
sound truck operating license
Issuance of sound truck operating license
Possession and display of sound truck operating license
Surrender and suspension of sound truck operating license
Administrative hearing
Regulations for use
Section 12.14.020 Sound trucks —Sound -amplifying equipment. It is unlawful for
any person to operate a sound truck or any vehicle equipped with sound -amplifying equipment
without a valid sound truck operating license as provided for in this chapter or in any manner
contrary to the provisions of this chapter.
Section 12.14.040
RESERVED.
Section 12.14.060
RESERVED.
Section 12.14.080 Applications for license. Persons applying for sound truck
operating licenses shall make written application to the police department. The form and
content of applications for sound truck licenses shall be prescribed by the city manager.
Section 12.14.100 RESERVED.
17
Section 12.14.120 Inspections and equipment conditions required for issuance of
sound truck operating license. A. All sound -amplifying equipment regulated under this
chapter shall be inspected and certified by the police department for compliance with this
section before a license can be issued, and may be inspected at any other time by the chief of
police or designate whenever there is a reasonable basis for concluding that a violation of this
title or chapter has occurred. Such inspection shall be made at time and place designated by
the police department.
B. The vehicle upon which the sound amplifying equipment is installed must meet
all safety and equipment requirements of the Vehicle Code, and a current certificate of
insurance evidencing the public liability requirements for that vehicle shall be presented.
C. Exterior sound -amplifying equipment shall be securely mounted to the body of
the vehicle by means of bolts or other fastening devices of sufficient strength to prevent loss of
the equipment during vehicle operation.
D. The sound amplifying equipment shall be mounted on the vehicle so as to
project sound forward along the path of vehicle travel, with the equipment axis more or less
parallel to the centerline of the vehicle, not to exceed fifteen (15) degrees to either side of the
centerline.
E. The interior of the vehicle shall be equipped at all times with a volume control -
limiting device that is marked and calibrated to not allow the sound levels that are prescribed
by this chapter for mobile and stationary operation to be exceeded. The Police department
shall conduct acoustic measurements and ensure that the marks and calibration registered on
the volume control -limiting device meet the requirements of this Title, including the operating
noise limits. The volume control -limiting device must be capable of controlling the sound
level at all times during operation.
Section 12.14.140 Issuance of sound truck operating license. A. The city treasurer
shall issue a sound truck operating license for each application certified by the Chief of Police
to be in compliance with Section 12.14.120. Each sound truck operating license shall be for a
specific duration as stated thereon. A business license shall also be required for all sound
trucks for hire that are or will be conducting business within the city pursuant to Chapter 6.04.
B. In no case shall a sound truck operating license be in effect for more than thirty
days, unless otherwise specified by city council action pursuant to Chapter 15.60.
C. Any sound truck operating license application denied by the city treasurer shall
be promptly returned to the applicant with a statement of reasons for that denial.
D. Copies of all sound truck operating licenses issued or denied shall be sent to the
chief of police and city manager.
Section 12.14.160 Possession and display of sound truck operating license.
A licensee shall keep the sound truck operating license in his or her possession in the
sound truck during the time the sound truck's sound -amplifying equipment is in operation.
The sound truck operating License shall be promptly displayed and shown to any code
enforcement officer or policeman of the city, upon request.
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Section 12.14.180 Surrender and suspension of sound truck operating license.
Whenever inspection or investigation reveals that sound -amplifying equipment is being
operated in violation of this chapter or in violation of the terms and conditions attached to a
sound truck operating license, the investigating officer may suspend and demand the immediate
surrender of the sound truck operating license. Upon such demand for suspension of sound
operations and surrender of the license, the licensee shall immediately stop using the sound -
amplifying equipment and surrender the license. Failure to stop the sound operation shall
authorize the impoundment of the sound -amplifying equipment, including the vehicle if the
sound amplifying equipment cannot be conveniently removed, pending an administrative
hearing. The operator shall be advised verbally or in writing of the right to an administrative
appeal under section 12.14.200.
Section 12.14.200 Administrative hearing. Within the next succeeding business day
following the suspension of a sound truck operating license, the licensee shall upon verbal or
written demand be given the opportunity for an administrative hearing and review before the
city manager or his designate. The designate shall not be a member of the department of the
officer ordering the suspension. At the time of such hearing, the city manager or designate
may reverse the suspension, or affirm or modify it upon making a finding that preservation of
public health, safety and welfare warrants such action. Such determination shall thereafter be
administratively final.
Section 12.14.220 Regulations for use. It is unlawful for any person to operate or
cause to be operated any sound truck or sound -amplifying equipment mounted on a sound truck
in violation of the following regulations:
A. The only sounds permitted shall be music or human speech, or combination.
B. Sound operations are prohibited after 9 p.m. and before 8 a.m. in all zones, and
may be allowed after 9 p.m. in other than residential zones only pursuant to a temporary use
permit issued under Chapter 15.60. Sound operations may be ordered suspended by the chief
of police or designate whenever sound truck operations are impeding traffic.
C. Sound -amplifying equipment shall not be operated unless the sound system is
provided with an operating volume -limiting device meeting the requirements of section
12.14.120, and all the other operating and equipment conditions set forth in that section are
met.
D. Sound amplifying equipment shall not be operated within one hundred yards of
hospitals, schools, or churches at any time.
E. The volume of sound shall not exceed a sound level of sixty-five (65) dBA at a
distance of fifty (50) feet from the sound -amplifying equipment as measured by a sound level
meter. When the sound truck is stopped in traffic or for more than one minute, the sound level
shall be adjusted so as not to exceed fifty (50) dBA at a distance of fifty (50) feet.
F. Sound -amplifying equipment shall not be operated unless the equipment is
mounted facing forward and no more than fifteen degrees to either side of the centerline of the
sound truck.
G. No sound truck with sound -amplifying equipment in operation shall be driven on
the same street past the same point more than twice in a period of one hour.
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H. Sound -amplifying equipment shall not be operated on a sound truck unless a
valid sound truck operating license issued pursuant to section 12.14.140 is in existence.
Sections:
12.16.020
12.16.040
CHAPTER 12.16
EXCEPTIONS
Special permit exceptions for environmental noise
Exceptions for time to comply
Section 12.16.020 Special permit exceptions for environmental noise.
A. The planning commission is authorized to grant exceptions for any
environmental noise provision of this title, subject to limitations as to area, noise levels, time
limits, and other terms and conditions as the planning commission determines are appropriate
to protect the public health, safety, and welfare from the noise emanating therefrom. This
section shall in no way affect the duty to obtain any permit or license required by law for such
activities, nor shall it apply to nuisance noises.
B. Any person seeking an exception pursuant to this section shall file an application
with the planning director. The application shall be submitted and processed in the same
manner as conditional use permits as provided in Section 18.116.060 through 18.116.090. The
application shall contain information that demonstrates that bringing the source of sound or
activity for which the exception is sought into compliance with this title would constitute an
unreasonable hardship on the applicant, on the community, or on other persons. The fee
prescribed in the National City Fee Schedule shall accompany the application. A separate
application shall be filed for each noise source; provided, however, that several mobile sources
under common ownership, or several fixed sources on a single property may be combined into
one application. Notice of an application for an exception shall be published according to
Section 18.130.080 of the National City Land Use Code. Any individual who claims to be
adversely affected by allowance of the exception may file a statement with the planning
commission containing any information to support his claim.
C. In determining whether to grant or deny the application, the planning
commission shall balance the hardship on the applicant, the community, and other persons of
not granting the exception against the adverse impact on the health, safety and welfare of
persons affected, the adverse impact on property affected, and any other adverse impacts of
granting the exception. Applicants for exceptions and persons contesting such exceptions may
be required to submit such information as the planning commission may reasonably require,
including sound level studies. In granting or denying an application, the planning commission
shall keep on public file a copy of the decision and the reasons for denying or granting the
exception.
D. Exceptions shall be granted by notice to the applicant containing all necessary
conditions including a time limit on the permitted activity. The exception shall not become
effective until the applicant agrees to all conditions. Noncompliance with any condition of the
20
exception shall terminate the exception and subject the person holding it to those provisions of
this title for which the exception was granted.
E. An exception will not exceed three hundred sixty-five days from the date on
which it was granted. Application for extension of time limits specified in exceptions or for
modification of other substantial conditions shall be treated like applications for initial
exceptions under subsection B of this section.
F. The planning director will issue guidelines defining the procedures to be
followed in applying for an exception and the criteria to be considered in deciding whether to
grant the exception.
G. Noise limit exceptions or allowances specifically provided for in the issuance of
any exception granted under this Chapter or the city council approval of a temporary use
permit pursuant to Chapter 15.60 for parades, civic functions or other special events, shall not
be considered a noise disturbance.
H. Estoppel. An application for exception shall have no effect until properly
granted hereunder. Enforcement of violations shall be proper at any time prior to such
granting.
Section 12.16.040 Exceptions for time to comply. The owner of any commercial or
industrial source of an environmental noise or sound source may apply to the planning
commission for an exception in the length of time allotted to achieve compliance with the
provisions of this title. The planning commission shall have the authority, consistent with this
section, to grant an exception not to exceed one year from the effective date of the ordinance
codified or amended in this title. The same procedures and considerations as followed under
Section 12.16.020 shall apply.
Sections:
12.18.020
12.18.040
12.18.060
12.18.080
12.18.090
12.18.100
CHAPTER 12.18
ENFORCEMENT
Violations and penalties
Environmental noise
Nuisance noise
Enforcement of noise disturbances that are both environmental
and nuisance
Noise disturbance measurement procedure
Violations: Additional remedies —Injunctions
Section 12.18.020 Violations and penalties. A. Violation of this title by making or
allowing a nuisance noise disturbance shall be an infraction for a first violation.
B. Repeat violations may be prosecuted as misdemeanors under the provisions of
section 1.20.020.
21
Section 12.18.040 Environmental noise. A. Classification of Environmental Noise.
The planning director or designate is responsible for administration and enforcement of
environmental noise, and making determinations that any given obtrusive noise condition falls
within the definition of environmental noise disturbance, pursuant to Section 12.04.480A, as
an environmental noise. Appendix A of Chapter 12.22 shall be used as an aid in such
determinations. The planning director may make determinations pursuant to Section
18.104.030 for classifying noise sources not specifically mentioned in Appendix A. Sound
level meters shall be used, when practicable or available, to measure the level of a noise
disturbance. The duration of the noise event should be assessed, as applicable. Failure to do
so shall not bar enforcement action to prosecute or abate violations, and the Planning Director
may use other available evidence to justify such action.
B. Responsibility. The planning director shall be responsible for investigation and
enforcement of environmental noise disturbances.
C. Guidelines. The planning director may, from time to time, promulgate
additional guidelines for administration and enforcement of the provisions of this title
pertaining to noise violations.
D. Abatement. The officer responsible for enforcement of any provisions of this
section shall first issue an order requiring abatement of a sound source alleged to be in
violation of this Title 12. Orders of abatement may be written or verbally administered. The
order to abate an environmental noise disturbance may allow a reasonable time for abatement,
not to exceed thirty (30) days, and nuisance noise disturbances may be ordered abated
immediately. If the source of the noise is equipped with a volume control device, the violator
shall be allowed to adjust the volume until the volume complies with lawful sound levels.
Failure to comply within the time specified may thereafter be enforced criminally or civilly, or
both, as a violation of this title. Abatement of the noise disturbance shall terminate further
enforcement action regarding a particular environmental noise disturbance, unless the event is
repeated. 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 by the planning director or designate.
Section 12.18.060 Nuisance noise. A. Classification of Nuisance Noise. The chief
of police or designate is responsible for administration and enforcement of any obtrusive noise
condition that falls within the definition of nuisance noise disturbance defined under Section
12.04.480B or Chapter 12.10. Appendix A of Chapter 12.22 may be used as an aid in making
such determinations. At the request of the chief of police, the planning director may make
determinations as provided for under National City Land Use Code, Section 18.104.030 for
classifying nuisance noise sources not specifically mentioned in Appendix A.
B. Responsibility. The chief of police shall be responsible for investigation and
enforcement of nuisance noise disturbances.
C. Guidelines. The chief of police may, from time to time, promulgate guidelines
for administration and enforcement of the provisions of this title pertaining to nuisance noise
violations. Sound level meters shall be used, when practicable or available, to measure the
level of the noise disturbance. The duration of the noise event should be assessed, as
applicable. Failure to do so shall not bar enforcement action to prosecute or abate violations,
provided there is other objective evidence available to justify such action.
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D. Abatement Order. The officer responsible for enforcement of any provisions of
this section shall first issue an order requiring abatement of a sound source alleged to be in
violation of this Title 12. Orders of abatement may be written or verbally administered. The
order to abate an environmental noise disturbance may allow a reasonable time for abatement,
not to exceed thirty (30) days; nuisance noise disturbances may be ordered abated immediately.
If the source of the noise is equipped with a volume control device, the violator shall be
allowed to adjust the volume until the volume complies with lawful sound levels. Failure to
comply within the time specified may thereafter be enforced criminally or civilly, or both, as a
violation of this title.
Section 12.18.080 Enforcement of noise disturbances that are both environmental
and nuisance.
A. Where investigation reveals that offending noise violates both the environmental
noise regulations and the nuisance noise regulations, the offense shall be enforced as a nuisance
noise violation unless the planning director, upon consultation by the chief of police, makes a
specific finding that the environmental noise regulations more nearly apply, in which case the
environmental noise regulations shall then apply.
B. Nothing contained in this provision shall limit the city's ability to prosecute or
abate noise violations as both environmental and nuisance noise.
Section 12.18.090 Noise disturbance measurement procedure. Upon receipt of a
complaint, the code enforcement officer shall investigate the complaint, measure the sound
level using a sound level meter whenever practicable, and gather non -acoustic data to
adequately define the noise problem.
A. Non -acoustic data. Non -acoustic data shall consist of the following: the type of
noise source; location of the source relative to the affected property; time period(s) and
duration during which the noise source is considered to be a disturbance; and the date and
time(s) of the noise measurement survey.
B. Exterior Noise measurement procedure. Noise measurement procedure using a
sound level meter defined in Section 12.04.640 shall use the "A" weighting scale and the
"slow" meter response, except that the "fast" response shall be used for impulsive type
sounds. Measurements shall be taken at any point on the receiving property with the
microphone located at a height between four to five feet (4'-5') above the ground, and at least
ten feet (10') from the source and any nearest reflective surface, if possible. The microphone
shall be placed so as to take into account any relevant topography or any acoustical aberration
or irregularity.
C. Interior noise measurement procedure. If the complaint is related to interior
noise, the "A" weighted scale, "slow" response (or "fast" if impulsive) shall be used, and
measurements shall be taken within the affected dwelling unit at a point at least four feet (4')
from the wall, ceiling or floor nearest the noise source, with the windows open or closed in
normal seasonal configuration.
D. Calibration. The sound level meter shall be calibrated both immediately before
and after recording any noise data, using an acoustic calibrator.
23
Section 12.18.100 Violations: Additional remedies —Injunctions. As an additional
remedy, the operation or maintenance of any device, instrument, vehicle or machinery which
causes or creates sound levels or vibration exceeding the allowable limits specified in this title
is declared to be a public nuisance, and shall be subject to abatement summarily by a
restraining order or injunction issued by a court of competent jurisdiction, or through
administrative means pursuant to Chapters 1.44 or 1.48. Additionally, no provision of this
title shall be construed to impair any common law or statutory cause of action, or legal remedy
therefrom, of any person or injury or damage arising from any violation of this title or from
other law.
CHAPTER 12.20
NOISE CORRIDOR(S) MAP
Sections:
12.20.010 Preparation and maintenance
12.20.020 Contents and use
Section 12.20.010 Preparation and maintenance. The planning director shall
prepare and maintain a noise corridors map showing noise contours of 60 dB(A) Ldn or higher
along all public streets, highways, and freeways, for use in designing noise insulation systems
for new buildings and as a guideline for administration of this title.
Section 12.20.020 Contents and use. This map shall be based upon assessment of
community noise survey data. It may also show designated noise sensitive zones, and related
data for administrative use. A copy of the current noise corridor map shall be posted in the
planning department for public use. A copy shall be provided to the department of building
and safety.
CHAPTER 12.22
APPENDICES
Sections:
12.22.020 Description, effect and adoption
12.22.040 Appendix A —Adoption
12.22.060 Appendix A —Designated
Section 12.22.020 Description, effect and adoption. Appendices as described in
Chapter 18.136 may be adopted to supplement this title. The effect of such appendices as well
as adoption, amendment, and other administrative procedures shall also be as provided in
Chapter 18.136.
24
Section 12.22.040 Appendix A —Adoption. Appendix A to this title, codified in
Section 12.22.060, is adopted concurrently with the adoption of the ordinance codified in this
title.
Section 12.22.060 Appendix A —Designated. (See attached)
25
APPENDIX A TO TITLE 12
CLASSIFICATION OF NOISE SOURCES
ENVIRONMENTAL NOISE
Air-conditioning units (fixed)
Animal shelters
Auto and vehicle repair in
conjunction with permitted
commercial or industrial activity
Commercial activities normally found
in connection with a permitted activity
Industrial activities normally found in
conjunction with a permitted activity
Loose shutters, squeaky gates,
clattering drain covers, and other
conditions resulting from inadequate
property
Machinery and compressors (fixed or
maintained in conjunction with a
permitted activity
NUISANCE NOISE
Air-conditioning units (improperly maintained)
Animals, pets
Auto and vehicle repairs on residential sites
Carbide igniters and similar devices producing
impactive noise
Commercial activities, other than those
permitted which are causing a nuisance. Also,
outdoor commercial sales activities
Construction/demolition activities
(of a temporary nature)
Industrial activities, other than environmental,
and creating
Machinery and compressors other than
environmental
Off -road vehicles
Outcrying, shouting, screaming, whistling,
singing
Powered model toys, devices, vehicles and
equipment
26
APPENDIX A TO TITLE 12
(Continued)
ENVIRONMENTAL NOISE
Power tools normally found in
conjunction with permitted uses
Lawn mowers
Pumps — Same as machinery
and compressors
Public address and public assembly,
indoor and outdoor, as permitted
Signaling devices (non -emergency)
radio stationary
Outside phone bells
School Bells
NUISANCE NOISE
Power tools, other than environmental. Also,
hobby activities
Pumps — Same as machinery and compressors
Private parties, gathering, assemblages of
limited duration
Public address and public assembly, indoor and
outdoor, as "temporary use" or as an assembly
other than use environmental
Radios, stereos, televisions, sound amplifiers,
musical instruments, drums
Signaling devices (non -emergency) mobile
utility truck speakers
Emergency
Burglar alarms
Auto theft alarms
Sound trucks
-- Signature Page to Follow --
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Noise Control Ordinance
Ordinance No. 2001 - 2188
PASSED and ADOPTED this 4TH day of SEPTEMBER 2001.
ATTEST:
H
is ael R. Dal
M , City Clerk
APPROVED AS TO FORM:
George H. Iiser, III
City Attorney
28
George H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California, on September 4,
2001, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
City lerk of the Ci of National City, California
By:..
Deputy
I IIEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
August 7, 2001, and on September 4, 2001.
I FURTHER CERTIFY TI IAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not Tess than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
1 FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2001-2188 of the City Council of the City of National City, passed and
adopted by the Council of said City on September 4, 2001.
City Clerk of the City of National City, California
Deputy