HomeMy WebLinkAboutCC ORD 1979-1697 Adds Title 12, noise control; and repeals §§ 10.40.010, 10.40.020, 10.40.030, 10.40.040, 10.40.050, 18.102.200, 18.102.210, 18.102.220 and 18.102.230 (12.02, 12.04, 12.06, 12.08, 12.10, 12.12, 12.14, 12.16, 12.18, 12.20, 12.22)• ORDINANCE NO. 107
AN ORDINANCE OF THE CITY OF NATIONAL CITY ADDING
TITLE 12 TO THE MUNICIPAL CODE RELATING TO THE
CONTROL OF NOISE
SECTION 1. It has come to the attention of this
City Council that there is continued increases in the levels
of obtrusive noise throughout this community; and with the
adoption of the National City General Plan on October 29,
1974, this City Council committed concern and effort toward
limiting that increase, to preserve public health, safety and
general welfare; and in response to the California Government
Code (Planning Act) encouragement and insistence for adoption
of a "noise element" within the General Plan, with dependent
implementation efforts, this City Council ordered the prepara-
tion of a "noise control ordinance," accordingly; and because
it is found to be essential to..proceed with the adoption and
enforcement of this noise control ordinance at this time, the
National City Noise Control Ordinance is adopted herewith.
SECTION 2. A new title 12 entitled "Noise Control"
shall be added to the Municipal Code 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 Provision (Exemptions)
12.14 Sound Trucks
12.16 Exceptions
12.18 Enforcement
12.20 Noise Corridors Map
12.22 Appendices
Chapter 12.02
GENERAL PROVISIONS
12.02.02 Title
A. This Ordinance shall be known and may be cited as
"The Noise Control Ordinance" of the City of National City.
12.02.04 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 of National
City to prevent noise and vibration which may jeopardize
the health or welfare of its citizens or degrade the
quality of life.
12.02.06 Criteria. As criteria for this Ordinance,
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.
E I
SOUND LEVELS AND HUMAN RESPONSE
Noise
Common Sounds Level Effect
(dB)
I_
Carrier deck
jet operation
dir raid siren
140
Painfully loud
takeoff (200 feet)
130
Jet
120
Maximum vocal effort
Thunderclap
Discotheque
horn (3 feet)
Auto
110
Pile drivers
Chain saw (2 feet)
Garbage truck
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 (5 feet)
80
-
Annoying
Noisy restaurant
Freeway traffic
Man's voice (3 feet)
70
Telephoneuse
denult
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
d and shows
This decibel (dB) table compares some common soun s
how they rank in potential harm to hearing. Note that 70 dB
is the point at which noise begins to harm hearing, that 60 dB
is the threshold of stress response and 45 dB disturbs sleep.
To the ear, each 10dB 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.
Chapter 12.04
DEFINITIONS
12.04.020 Terminology. All terminology used in this
Ordinance, not defined below, shall be in conformance with
the American National Standards Institute standard ANSI S1.1-1971
Acoustical Terminology (attached by reference).
12.04.040 A -Weighted Sound Level. The sound level in
decibels as measured on a sound level meter using the A -weight-
ing network. The level so read is designated dB(A) or dBA.
12.04.060 Ambient Noise Level. The composite of noise
from all sources near and far. In this context, the ambient
noise level constitutes the normal or existing level of envir-
onmental noise at a given location and time.
12..04.08 Code Enforcement Office(r). The City Employee
and/or police officer having lead responsibility for enforc-
ing this chapter; and, the City employee having responsibility
for making noise surveys,• noise analyses, noise investigations
and for the administration of this chapter (other than enforce-
ment).
12.04.10 Construction. 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.
12.04,12 Continuous, Sound. Sound which is of a steady and
uninterrupted nature of a specified time period. For the purposes
of the ordinance the minimum time period shall be one hour.
12.04.14 Cumulative Period. An additive period of time
composed of individual time segments which may be continuous or
interrupted.
12.04.16 Day/Night Average Sound Level (Ldn).
A 24-hour average of the A -weighted sound level, with the
level during the period 10 p.m. to 7 a.m. increased by
10 dB(A) before averaging. It is denoted Ldn.
12.04.18 Decibel. A unit for measuring the amplitude
of sound, equal to 20 times the logarithm to the base 10
of the ratio of the pressure of the sound measured to the
reference pressure, which is 20 micropascals.
12.04.20 Demolition. Any dismantling, intentional
destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
12.04.22 Equivalent Sound Level (Leg). The average
sound level measured over a stated time period.
12.04.24 Emergency Work. Any work performed for the
purpose of preventing or alleviating the physical trauma or
property damage threatened or_caused by an emergency.
12.04.26 Environmental Noise., See "Noise disturbance -
environmental".
12.04.28 Fixed Noise Source. A stationary device
which creates sounds while fixed or motionless, including
but not limited to, residential, agricultural, industrial
and commercial machinery and equipment, pumps, fans, com-
pressors, air conditioners, and refrigeration equipment.
.12.04.30 Impulsive Sound. 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.
12.04.32 Intermittent Sound. Sound which is not continuous
or which is of a cyclic or repetitive nature.
12.04.34 Intrusive Noise. 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 informa-
tional content as well as the prevailing ambient noise level.
12.04.36 Licensed. 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.
12.04.38 Message. Any voice, music, sound or other
audible stimulation.
12.04.40 Mobile Noise Source. Any noise source
other than a fixed noise source.
12.04.42 Motor Vehicle. Motor vehicle shall include
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 said Code, and all off -highway
type motor vehicles subject to identification under said Code.
12.04.44 Motorboat. 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).
12.04.46 Muffler or Sound Dissipative Device. 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, and effective in reducing
noise.
12.04.48 Noise Disturbance. Any noise exceeding the
noise level limits for a designated receiving land use
category specified in Table III, or the prohibited actions
as specified in Chapter 12.10 of this Ordinance, shall be
deemed to be a noise disturbance.
A. Noise. Disturbance - Environmental. Those noise
disturbances 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.
B. Noise Disturbance - Nuisance. Those Noise Disturb-
ances, other than Environmental Noise Disturbances, which
because of their unusual presence are considered harmful
to health and wellbeing, annoying, obnoxious and unpleasant.
Nuisance Noise Disturbances are specified in, but not
limited to, the examples in Appendix A.
12.04.50 Noise Sensitive Zone. Any area designated
by Planning Commission for the purpose of ensuring excep-
tional quiet.
12.04.52 Powered Model Vehicle. 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.
12.04.54 Public Right -of -Way. Any street, avenue,
boulevard, highway, bikeway, sidewalk or alley or similar
place which is owned or controlled by a government entity.
12.04.56 Public Space. Any real property or structures
thereon which are owned or controlled by a governmental
entity.
12.04.58 Pure Tone. Any sound which can be judged
as audible as a single pitch or a set of single pitches
by the Code Enforcement Officer (CEO) or Police Officer.
12.04.60 Real Property Boundary. 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.
12.04.62 "Sound Amplifying Equipment". As used herein
shall mean any machine or device for the amplification
of the human voice, music or any other sound. "Sound
amplifying equipment" as used herein shall not be construed
radios when used and heard only by occupant(s) of the vehicle
as including standard automobile/in which installed or
warning devices on authorized emergency vehicles or horns
or other warning devices on other vehicles used only for
traffic safety purposes. This definition shall include
remotely located loud speakers attached to and/or operated
from a vehicle.
12.04.64 Sound Level Meter. An instrument, includ-
ing a michrophone, an amplifier, an output meter, and
frequency weighting networks for the measurement of sound
levels, which meets or exceeds the requirements pertinent
for type S2A meters in American National Standards Institute
speicifications for sound level meters, S1.4-1971.
12.04.66 Sound Trucks. "Sound Truck" - shall mean
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.
A. "Non-commercial Use of"Sound Trucks" shall include
the delivery of political, community service and public
messages where no commercial advertising is included.
B. "Commercial use of Sound Trucks" shall mean
entertainment, advertising and promotional messages other
than "non-commercial".
12.04.68 Vibration Perception Threshold. The
minimum ground -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 visualobservation 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.
12.04.70 Weekday. Any day, Monday through Friday,
which is not a legal holiday.
Chapter 12.06
EXTERIOR NOISE LIMITS
12.06.02 Maximum Permissible Sound Levels by Receiv-
ing Land Use.
A. The noise standards for the various categories
of land use as presented in Table III and set forth in
terms defined in the City Land Use Code (Chapter 18.10),
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.
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.
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.
B. 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 and/or
nuisance interpretation of the applicable limits given in
Table III.
C. 1. Environmental Noise shall be measured by the
Equivalent Sound Level (Leq) for any hour.
2. Nuisance Noise shall be measured as a sound
level not to be exceeded at any time.
3. Sound levels by receiving land use shall be
measured at the boundary 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 (6) feet from the boundary
of the easement upon which the equipment is located
12.06.04 Corrections to Exterior Noise Level Limits.
1. If the noise is continuous as defined in
12.04.12, the Leq for any hour will 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.
2. If the noise is intermittent as defined in
12.04.32, 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 15 minutes is, however,
strongly recommended when dealing with intermittent noise.
3. In the event the alleged offensive noise,
as judged by the Code Enforcement Officer, contains a
steady, audible. sound such as a whine, screech or hum, or
contains a repetitive impulsive noise such as haumiering
or riveting, or contains music or•speech conveying infor-
mational content, the standard limits set forth in
Table III shall be reduced by 5 dB.
4. If the measured ambient level exceeds that
permissible in Table III, the allowable noise exposure
standard shall be the ambient noise level. The ambient
level shall be measured when the alleged noise violation
source is not operating.
TABLE III
EXTERIOR NOISE LIMITS 1' 2
1. Environmental Noise - Leg in any hour.
2. Nuisance Noise - Not to be exceeded any time.
RECEIVING LAND USE CATEGORY
Noise Level (dB (A)
10 p.m. to 7 a.m.
7 a.m. to 10 p.m.
All residential (except
multi -unit)
45
55
Multi unit residential
(9 units or more
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
Chapter 12.08
INTERIOR NOISE LIMITS
12.08.02 Maximum Permissible Dwelling Interior Sound
Levels.
A. No person shall operate or cause to operate, any
source of sound within a residential dwelling
unit 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
and/or Nuisance interpretation of the applicable limits
given in Table IV.
TABLE IV
Type of Time Allowable Interior
Land Use Interval Noise Level (dBA)
Multifamily
Residential
10 pm- 7 am
7 am-10 pm
No
Time
1 min in
1 hour
5 min in
1 hour
> 45
> 55
� 40
< 50
1
G 35
< 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 5 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.
12.08.04 Correction for Character of Sound. In the
event the alleged offensive noise, as judged by the Code
Enforcement Officer, 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 conveying informational content, the
standard limits set forth in Table IV shall be reduced
by 5dB.
Chapter_ _ 12. 10
PROHIBITED ACTS
12.10.02 Noise Disturbances Prohibited. No person
shall unnecessarily make, continue, or cause to be made
or continued, any noise disturbance.,
12.10.04 Specific Prohibitions. The following acts,
and the causing or permitting thereof, are declared to
be in violation of this Ordinance:
12.10.06 Radios, Television Sets, Musical Instruments
and Similar Devices. Operating, playing or permitting the
operation or playing of any radio, television set, phono-
graph, drum, musical instrument, or similar device which
produces or reproduces sound:
A. Between the hours of 10 p.m. and 7 a.m. in such
a manner as to create a noise disturbance across a resi-
dential or commercial real property line; or at any time
to violate the provisions of Section 12.06.02, except for
activities for which an exception has been issued per
Chapter 12.16 of this Ordinance.
B. In such a manner as to exceed the levels set
forth for public space in Table III, measured at a
distance of at least 25 feet from such device operating
on a public right-of-way or public space.
12.10.08 Loudspeakers (Amplified Sound) (Sound
Amplifying Equipment). Using or operating for any purpose
any loudspeaker, loudspeaker system, or similar device
between the hours of 10 p.m. and 7 a.m., such that the
sound therefrom creates a noise disturbance across a
residential or commercial real property line; or at any
time violates the provisions of Section 12.06.02, except
for any non-commercial public speaking, public assembly
or other activity for which an exception has been issued
(as per Chapter 12.16 of this Ordinance). (For sound
truck regulations, see Chapter 12.14 of this code.)
12.10.10 Street Sales. Offering for sale, selling
anything, or advertising by shouting or outcry within
any residential or commercial area or noise sensitive
zone of the City unless an exception is granted (as per
Chapter 12.16 of this Ordinance). The provisions of this
Section shall not be construed to prohibit the selling
by outcry of merchandise, food, and beverages at licensed
sporting events, parades, fairs, circuses, or other
similar licensed public entertainment events.
12.10.12 Animals and Birds. Owning, possessing
or harboring any animal or bird which frequently or
for long duration, howls, barks, meows, squawks, or
makes other sounds which create a disturbance across a
residential or commercial real property line or within a
noise sensitive zone. .This provision shall not apply
to public zoos.
12.10.14 Loading and Unloading. Loading, unload-
ing, opening, closing or other handling of boxes, crates,
containers, building materials, garbage cans, or similar
objects between the hours of 10 p.m. and 7 a.m. in such
a manner as to cause a noise disturbance across a resi-
dential real property line or at any time to violate the
provisions of Section 12.06.02.
12.10.16 Construction/Demolition
A. Operating or causing the operation of any tools
or equipment used in construction, drilling, repair, alter-
ation, or demolition work between weekday hours of 7 p.m.
and 7 a.m., or at any time on weekends or holidays, such
that the
sound therefrom creates a noise disturbance across
a residentialor commercial real property line, except for
emergency work of public service utilities or by exception
(as per Chapter 12.16 of this Ordinance). This Section
shall not apply to the use of domestic power tools as
specified in Section 12.10.
B. Noise Restrictions at Affected Properties
Construction activities shall be conducted in
such a manner that the maximum noise levels at affected
properties will not exceed those listed in the following
schedule:
Construction/Demolition
Mobile/Equipment
Maximum noise levels
short-term operation
equipment:
Daily, except Sun-
days and Legal
Holidays 7 a.m. to
7 p.m.
Daily, 7 p.m. to
7 a.m. and all
day Sunday and
Legal Holidays
for nonscheduled, intermittent,
(less than 10 days) of mobile
Type II Areas
Type I Areas Semi -Residential/
Residential Commercial
75 dBA 85 dBA
60 dBA 70 dBA
Construction/Demolition
Stationary Equipment
Maximum noise levels for repetitively scheduled and
relatively long-term operation (periods of 10 days
or more) of stationary equipment:
Daily, except Sun-
days and Legal
Holidays 7 a.m. to
7 p.m.
Daily, 7 p.m. to
7 a.m. and all
day Sunday and
Legal Holidays
Type II Areas
Type I Areas Semi -Residential/
Residential Commercial
60 dBA 70 dBA
50 dBA 60 dBA
12.10.18 Vibration. Operating or permitting the
operation of any device that creates a vibration which
is above the vibration perception threshold of an individual
at or beyond the property boundary of the source if on
private property or at 150 feet from the source if on a
public space or public right of way.
12.10.20 Powered Model Vehicles. Operating or
permitting the operation of powered model vehicles:
A. Between the hours of 10 p.m. and 7 a.m. 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 12.06.02.
B. In such a manner as to exceed the levels set
forth for public space use in Tabe III measured at a
distance not less than 100 feet from any point on the
path of a vehicle operating .on public space or public
right-of-way.
12.10.22 Stationary Non -Emergency Signaling Devices.
A. Sounding or permitting the sounding of any
electrical' operated or electronically -amplified signal
from any stationary bell, chime, siren, whistle, or
similar device, intended primarily for non -emergency
purposes, from any place, for more than 10 seconds
continually, in an hourly period, or intermittent sounding
over one 30 second period in any hour.
B. Sound sources covered by this provision may
be exempted or modified by special exceptions (as per
Chapter 12.16 of this Ordinance).
12.10.24 Emergency Signaling Devices.
A. The intentional sounding or permitting the
sounding outdoors of any fire, burglar, or civil defense
alarm, siren, whistle, or similar stationary emergency
signaling device, except for emergency purposes or for
testing, as provided in subsection B.
B. (1) Testing of a stationary emergency signaling
device shall not occur before 7 a.m. or after 7 p.m. Any
such testing shall use only the minimum cycle test time.
In no case shall such test time exceed 60 seconds.
(2) Testing of the complete emergency signal-
ing 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 7 a.m. or after
10 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 burglar or fire alarm or any motor vehicle
burglar alarm for more than 15 minutes is prohibited.
12.10.26 Motorized Off -road Vehicles Operating
Off Public Right-of-way. No person shall operate or cause
to be operated any motorized off -road vehicles off a
public right-of-way in such a manner that the sound levels
emitted therefrom violate the provisions of Section 12.06.02.
This section shall apply to_all motori-zed vehicles, whether
or not duly licensed and registered or identified,
including, but not limited to, commercial or non commercial
racing vehicles, motorcycles, go carts, three wheelers,
amphibious craft, campers, snowmobiles and dune buggies,
but not including motorboats.
12.10.28 Noise Sensitive Zones.
A. Creating or causing the creation of any sound
within any noise sensitive zone, so as to exceed the
specified land use noise standards set forth in Section
12.06.02, provided that conspicuous signs are displayed
indicating the presence of the zone; or
B. Creating or causing the creation of any sound
within or adjacent to any noise sensitive zone, containing
a hospital, nursing home, school, court or other designated
area, so as to interfere with the functions of such
activity or annoy the occupants in the activity, pro-
vided that conspicuous signs are displayed indicating
the presence of the zone.
A. Section 12.10.10 Street Sales - Prohibited
unless exception is granted per Section 12.16. (See
also Chapter 18.92 LUC).
B. Section 12.10.16 Construction/Demolition
C. Section 12.10.22 Stationary Non -Emergency
Signaling Devices
D. Section 12.10.24 Emergency Signaling Devices
E. Section 12.10.26 Motor Vehicles Operating on
Public Right-of-way
F. Chapter 12.14 Sound Trucks
G. Section 12.16.02G Wherein noise limit exceptions
or excesses are specifically provided for in the issuance
of any "Temporary Use Permit" pursuant to Chapter 18.118,
or in City Council approval of any parades, civic functions
or gatherings, such specifics shall prevail.
12.12.08 Federal or State Preempted Activities.
Any other activity to the extent regulation thereof has
been preempted by State or Federal Law.
Chapter 12.14
SOUND TRUCKS AND SOUND AMPLIFYING EQUIPMENT
12.14.02 Sound Trucks - Sound Amplifying Equipment.
It is unlawful for any person to operate a_sound truck or
sound amplifying equipment without a valid license as pro-
vided for herein or in any manner contrary to the provisions
of this chapter.
12.14.04 Non-commercial Use of Sound Trucks -
Approvals and License Required. No person shall use or
cause to be used a sound truck with its sound amplifying
equipment in operation for non-commercial purposes in the
City of National City before obtaining a license therefor.
Each sound truck must be licensed.
All such use shall be continuously in compliance
with the terms and conditions attached to such license.
The City Treasurer shall not issue any such license
until the application therefor and the inspection of the
sound amplifying equipment has been certified by the
Police Department as to compliance with this chapter;
until the City Council has authorized such a license;
and until a fee in the amount of $ has been
paid.
12.14.06 Commercial Use of Sound Trucks - Approval
and License Required. No person shall use or cause to
be used a sound truck with .its sound amplifying equip-
ment in operation for commercial purposes in the City
of National City before obtaining a.license therefor.
Each sound truck must be licensed.
All such use shall be continuously in compliance
with the terms and conditions attached to such license.
The City Treasurer shall not issue any such
license until the application therefor and the inspec-
tion of the sound amplifying equipment has been certified
by the Police Department as to compliance with this
chapter; until the City Council has authorized such
license; and until a fee in the amount of $ has
been paid.
12.14.08 Applications for License. Persons
applying for licenses shall make written application to
the Police Department. The form and content of applica-
tions for sound truck and sound amplifying equipment
licenses shall be prescribed by the City Manager.
12.14.10 City Council Approval Required. All
applications for licenses, upon being certified complete
by the Police Department, shall be presented to the
City Council for approval. The City Council may approve,
conditionally approve, or deny such applications on
the basis of public convenience and necessity and con-
sistency with the purposes of this chapter.
No license can be issued without City Council
approval.
12.10.30 Domestic Power Tools, Machinery
A. Operating or permitting the operation of any
mechanically powered saw, sander, drill, grinder, lawn
or garden tool, or similar tool between 10 p.m. and 7 a.m.,
so as to create a noise disturbance across a residential
or commercial real property line.
B. Any motor, machinery, pump, such as swimming
pool equipment, etc., shall be sufficiently enclosed
or muffled and maintained so as not to create a noise
disturbance in accordance with Section 12.06.02.
12.10.32 Residential Airconditioning or Air -Handling
Equipment. Operating or permitting 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 12.06.02. This applies only to units installed
after adoption of this Ordinance.
Chapter 12.12
SPECIAL PROVISIONS (EXEMPTIONS)
12.12.02 Warning Devices. Warning devices 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 Ordinance.
12.12.04 Outdoor Activities. The provisions of
this Ordinance shall not apply to occasional
ings, public dances, shows, and sporting and
events (excluding regularly scheduled school
outdoor gather -
entertainment
athletic
events) provided said events are conducted pursuant to
a permit or license issued by the City relative to the
staging of said events. The permit authority, as set
forth in Chapter 18.118 of the Land Use Code, may, aside
from this Ordinance, regulate and control noise caused
by such outdoor activity.
12.12.06 Exemptions from Exterior Noise Standards.
The provisions of Section 12.06.02 shall not apply to
activities covered by the following sections:
12.14.12 Inspections. All sound amplifying equip-
ment regulated hereunder shall be inspected and certified
by the Police Department before a license is issued and
at any time ordered by the Chief of Police or his delegate.
Such inspection shall be made at a time and place designated
by the Police Department.
Whenever the Police Department finds that sound
amplifying equipment is being used in probable violation
of the sound level limits set forth herein or in a
license, the Police Department may order an inspection.
12.14.14 Issuance of License. The City Treasurer
shall issue a license for each application found to be
in compliance with this chapter. Each sound truck operat-
ing license shall be for a specific duration as stated
thereon.
In no case shall a license be in effect for more
than 30 days, or as specified by Police Dept. or City Council.
Any license application denied by the City Treasurer
shall be promptly returned to the applicant with a state-
ment of reasons for that denial.
Copies of all licenses issued or denied shall be
sent to the Chief of Police. and City Manager.
12.14.16 Possession and Display of Licenses. A
licensee shall keep such license in his possession in
the sound truck during the time the sound truck's sound
amplifying equipment is in operation. The license shall
be promptly displayed and shown to any policeman of the
City of National City, upon request.
12.14.18 Surrender and Suspension of License. When-
ever a Police Department inspection or investigation
reveals that sound amplifying equipment is being operated
in violation of this chapter or in violation of terms
and conditions attached to a license, the investigating
officer may suspend and may demand the surrender of such
license. Upon such suspension and surrender, the licensee
shall immediately stop the sound amplifying use. Failure
to stop shall be cause for impoundment of the sound
amplifying equipment pending an administrative hearing.
12.14.20 Administrative Hearing. Within the
next succeeding work day of suspension of a license
the licensee shall, upon demand, be given the opportunity
for administrative hearing and review before the City
Manager or his delegate. At the time of such hearing
the City Manager may affirm, modify or reverse the
suspension upon finding that preservation of public health,
safety and welfare warrants such action.
12.14.22 Regulations for Use. It shall be unlaw-
ful for any persons to operate or cause to be operated
any sound truck or sound amplifying equipment in violation
of the following regulations:
A. The only sounds permitted are music or human speech.
B. Operations are permitted between the hours of 8:00 a.m.
and 9:00 p.m. or after 9:00 p.m. during public events and
affairs of interest to the general public.
C. Sound amplifying equipment shall not be operated
unless the sound truck upon which such equipment is mounted
is operated at a speed of at least ten (10) miles per hour
except when said truck is stopped or impeded by traffic.
Where stopped by traffic the said sound amplifying equip-
ment shall not be operated for longer than one minute
at each stop.
D. Sound shall not be issued within one hundred
(100) yards of hospitals, schools, churches, or court-
houses.
E. The human speech and music amplified shall not
be profane, lewd, indecent or obscene.
F. The volume of sound shall be controlled so that
said volume is not unreasonably loud, raucous, jarring,
disturbing, or a nuisance to persons within the area of
audibility and so that the volume of sound shall not
exceed a sound level of 65 decibels (on the "A" scale)
at a distance of 50 feet from the sound amplifying equip-
ment as measured by a sound level meter which meets
Standard No. 5.14 of the U.S.A. Standards Institute.
G. No sound amplifying equipment shall be operated
unless the axis of the center of any sound reproducing.
equipment used shall be parallel to the direction of travel
of the sound truck; provided, however, that any sound
reproducing equipment may be so placed upon said sound
truck as to not vary more than 15° either side of the
axis of the center of the direction of travel.
H. No sound truck with its amplifying device
in operation shall be driven on the same street past
the same point more than twice in a period of one hour.
Chapter 12.16
EXCEPTIONS •
12.16.02 Special Exceptions
A. The Planning Commission is authorized to grant
exceptions for any environmental noise provision of this
Ordinance, 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 there-
from. 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 exceptions 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 18.128.060 B et sec through 18.128.090.
The application shall contain information which demon-
strates that bringing the source of sound or activity
for which the exception is sought into compliance with
this Ordinance would constitute an unreasonable hardship
on the applicant, on the community, or on other persons.
The application shall be accompanied by a fee in the
amount of $100.00 dollars. 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. 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 all conditions are
agreed to by the applicant. Noncompliance with any
condition of the exception shall terminate the exception
and subject the person holding it to those provisions
of this Ordinance for which the exception was granted.
E. An exception will not exceed 365 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.
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. Wherein noise limit exceptions or excesses
are specifically provided for in the issuance of any
"Temporary Use Permit" pursuant to Chapter 18.118 or
in City Council approval of any parades, civic functions
or gatherings, such specifics shall prevail.
H. Estoppel An application for exception shall
have no effect until properly granted hereunder. Enforce-
ment of violations shall be proper at any time prior to
such granting.
12.16.04 Exceptions for Time to Comply. Within
one year following the effective date of this Ordinance,
the owner of any commercial or industrial source of sound
may apply to the Planning Commission for an exception in
the length of time alloted to achieve compliance with the
provisions of this Ordinance. 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 this Ordinance. The same procedures and considerations
as followed under Section 12.16.02 shall apply.
Chapter 12.18
ADMINISTRATION AND ENFORCEMENT
12.18.02 Violations and Penalties.
It is a violation
for any property owner(s) and/or person(s) in
property
produced
It
or allow
control of
to permit, or cause, a noise disturbance to be
upon property owned by them or under their control.
is a violation for any person or persons to create
the making of a noise disturbance as provided by
this Title at any location in the City.
It is a violation for any person to cause to be
operated a "sound truck" without a license as provided
for herein.
The violation of this Title by making or allowing
an environmental noise disturbance shall be an infraction.
Enforcement of environmental noise violations shall follow
the procedures set forth in the National City Land Use Code
for zoning violations.
The violation of this Title by making or allowing a
nuisance noise disturbance shall be a misdemeanor, pursuant
to Section 1.20.010 of the Municipal Code. Section 12.18.08
provides for the method of enforcement wherein noise may be
in violation of both the environmental and nuisance noise
disturbance provisions.
12.18.04 Environmental Noise
A. Classification of Environmental Noise. The CEO
shall determine that any given obtrusive noise condition
that falls within the definition of "environmental noise
disturbance," pursuant to Section 12.04.48A, is an
"environmental noise." The CEO may use "Appendix A,"
hereto, as an aid in making such determinations.
The Planning Director may make "determinations" as
provided for by the National City Land Use Code, Section
18.104.030 for classifying noise sources not specifically
mentioned in "Appendix A."
B. Responsibility. The Planning Director shall be
responsible for investigation and enforcement of environ-
mental noise disturbances.
C. Guidelines. The Planning Director may, from
time to time, promulgate guidelines for Administration and
Enforcement of the provisions of this Title pertaining to
Noise Violations.
D. Abatement shall terminate enforcement action.
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 a Notice of Violation issued by the Planning
Director.
12.18.06 Nuisance Noise
A. Classification of Nuisance Noise
The Chief of Police shall determine that any given ob-
trusive noise condition that falls within the definition of
"nuisance noise disturbance," pursuant to Section 12.04.48B,
is a "nuisance noise." The Chief of Police may use'Appendix
A," hereto, as an aid in making such determinations.
At the request of the Chief of Police, the Planning
Director may make "determinations" as provided for by the
National City Land Use Code, Section 18.104.030 for class-
ifying 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.
D. Abatement Order. The officer responsible for
enforcement of any provisions of this section 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 Chief of Police may
prescribe. Such orders of abatement may be verbally
administered. Failure to comply may be held as a violation
of this Title.
12.18.08 Enforcement of Noise Disturbances that are
both Environmental and Nuisance. 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 Chief of Police makes a specific finding that the
environmental noise regulations more nearly apply, in
which case the environmental noise regulationsshall apply.
Nothing contained in this provision shall limit the
City's ability to prosecute noise violations as both
environmental and nuisance noise.
12.18.10 Violations: Additional Remedies - Injunctions.
As an additional remedy, the operation or maintenance
of any device, instrument, vehicle or machinery in violation
of any provision of this chapter which operation or mainten-
ance causes or creates sound levels or vibration exceeding
the allowable limits as specified in this chapter shall
be deemed and is hereby declared to be a public nuisance
and may be subject to abatement summarily by a restrain-
ing order or injunction issued by a court of competent
jurisdiction. Additionally, no provision of this Ordinance
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
Ordinance or from other law.
12.18.12 Citizen Suits
A. After 30 days formal notice of complaint to
the enforcing agency, any citizen of the City may bring
and maintain an action for injunctive relief to compel
enforcement of this Ordinance.
B. Provision A does not prevent any person from
commencing a civil action_pn.his own behalf against any
person who is alleged to be in violation of any provisions
of this Ordinance.
12.18.14 Effective Date. This Ordinance shall
take effect on
Chapter 12.20
NOISE CORRIDOR(S) MAP
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, freeways,
for use in designing noise insulation systems for new
buildings and as a guideline for administration of this
Title.
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 corridors map shall be
posted in the Planning Department for public use. A copy
shall be provided to the National City Department of
Building and Housing.
Chapter 12.22
APPENDICIES
12.22.02 Description, Effect, and Adoption.
• Appendicies as described in Chapter 18.136 may be adopted
to supplement this Title. The effect of such appendicies
as well as adoption, amendment, and other administrative
procedures shall also be as provided in Chapter 18.136.
12.22.04 Appendix 'A' - Adoption. Appendix 'A'
to Title 12, Municipal Code, 'Classification of Noise
Sources', attached hereto, is adopted concurrently with
the adoption of this Ordinance.
SECTION 3. The passage of this Ordinance shall
repeal the following conflicting sections of the code:
Ord. 1503 Section 1 (part) and Section 18.102.200
of the National City Land Use Code.
Ord. 1503 Section 1 -(-part) and Section 18.102.210
of the National City Land Use Code.
Ord. 1503 (Section 1 (part) and Section 18.102.220
of the National City Land Use Code.
Ord. 1503 Section 1 (part) and Section 18.102.230
of the National City Land Use Code.
Ord. 739 Section 1 and Section 10.40.010 of the
National City Municipal Code.
Ord. 739 Section 2 and Section 10.40.020.
Ord. 961 Section 1 and 739 Section 3 and Section 10.40.030
of the National City Municipal Code.
Ord. 739 Section 6 and Section 10.40.040 of the
National City Municipal Code.
Section 10.40.050 of National City Municipal Code and
n , Ord. 1358 Section 2 (part) and Ord. 739 Section 5.
PASSED AND ADOPTED this 4th day of
, 1979.
September
ATTEST:
APPENDIX 'A' TO TITLE 12
CLASSIFICATION OF NOISE SOURCES
ENVIRONMENTAL NOISE
NUISANCE NOISE
Air conditioning units (fixed)
Animal Shelters
Auto and vehicle repair inconjunction
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
. Loading and :unloading in conjunction with
permitted uses
Loose shutters, squeeky gates, clattering
drain covers, and other conditions
resulting from inadequate property
Machinery and compressors (fixed or
maintained in conjunction with a
permitted activity
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 a permitted use.
stationary
Signaling devices (non -emergency)
Outside phone bells
School Bells
Air conditioning units (Improperly
maintained)
Animals, pets
Auto and vehicle repairs on residential
sites
Carbide ignitors 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 environ
mental and causing a nuisance
Loading and unloading, other than environ
mental, and causing a nuisance
Machinery and compressors other than
environmental
Off road vehicles
Outcrying, shouting, screaming, whistling
singing
Powered model toys, devices, vehicles and
equipment
Power tools, other than environmental.
Also, hobby activities
Pumps - Same as Machinery and Compressor:
Private parties, gatherings, assemblages
of limited duration.
Public address and public assembly, indoc
and outdoor, as "Temporary use" or as a
assembly other than Environmental.
Radios, sterios, T.V.'s, sound amplifiers
musical instruments, drums.
Signaling Devices - (non -emergency -Mobil€
Utility truck radio speakers
- Emergency
Burglar alarms
Auto theft alarms
Sound trucks
Passed and adopted by the Council of the City of National City, California,
on September 4, 1979 by the following vote, to -wit:
Ayes: Councilmen Camaho,...1 11,4. V,an Peven'tex.,..Watex.a,..Morgan.
Nays: Councilmen None.
Absent: CouncilmenNone .
Abstain: Councilmen None.
AUTHENTICATED BY:
KILE MORGAN
Mayor of the City of National City, California
ONE CAMPBELL
By:
City Clerk,6f the City of National City, California
Deputy
I HEREBY 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 14,, 1979
and on
September 4, 1979
I FURTHER CERTIFY THAT 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 less than a majority of the members elected to the
Council, and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1697 of the City of National City, passed
and adopted by the Council of said City on September 4, 1979
(Seal)
By:
City Cle of the City of Natio al City, California
Deputy