HomeMy WebLinkAbout748 Emission or Creation of Certain Noises._':
ORDINANCE N0. 748
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF UKIAH ADDING ARTICLE 6 TO CHAPTER 1 OF
DIVISION 7 OF THE UKIAH MUNICIPAL CODE
PROHIBITING EMISSION OR CREATION OF CERTAIN NOISES
Article 1. The City Council of the City of Ukiah does ordain as follows:
Article 6 entitled "Noise Regulation" is added to the Ukiah Municipal
Code to read as follows:
Article 6. Noise Regulation
Section 6045. Declaration of Policy
It is hereby declared to be the policy of the City to prohibit
unnecessary, excessive and annoying noises from all sources subject to its
police power. At certain levels noises are detrimental to the health and
welfare of the citizenry and in the public interest shall be systematically
proscribed.
Section 6046. Definitions
As used in this chapter, unless the context otherwise clearly
indicates, the words and phrases used in this chapter are defined as follows:
a) Ambient Noise. "Ambient noise" is the all-encompassing noise
associated with a given environment, being usually a composite of
sounds from many sources near and far. For the purpose of this
ordinance, ambient noise level is the level obtained when the noise
level is averaged over a period of 15 minutes without inclusion of
noise from isolated identifiable sources, at the location and time
of day near that at which a comparison is to be made.
b) Decibel (dB) "Decibel" shall mean a unit of level when the
base of the logarithm is the tenth root of ten and the quantities
concerned are proportional to power.
c) Emergency Work. "Emergency work" shall mean work made
necessary to restore property to a safe condition following a public
calamity or work required to protect persons or property from an
imminent exposure to danger or work by private or public utilities
when restoring utility service.
d) Person. "Person" shall mean a person, firm, association,
copartnership, joint venture, corporation, or any entity, public
or private in nature.
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e) Sound Level. "Sound level" (noise level) in decibels (d6) is
the sound measured with the A weighting and slow response by a
sound level meter.
f) Sound Level Meter. "Sound level meter" shall mean an instrument
including a microphone, an amplifier, an output meter, and frequency
weighting networks for the measurement of sound levels which
satisfies the pertinent requirements in American Standard
Specifications for sound level meters 51.4-1971 or the most recent
revision thereof.
g) Motor Vehicles. "Motor vehicles" shall include, but not be
limited to, mini-bikes and go-carts.
h) Sound Amplifying Equipment. "Sound amplifying equipment" shall
mean any machine or device for the amplification of the human voice,
music, or any other sound. "Sound amplifying equipment" shall not
include standard automobile radios when used and heard only by
the occupants of the vehicle in which the automobile radio is
installed. "Sound amplifying equipment", as used in this chapter,
shall not include warning devices on authorized emergency vehicles or
horns or other warning devices on any vehicle used only for traffic
safety purposes.
i) Commercial Purpose. "Commercial purpose" shall mean and include
the use, operation or maintenance of any sound amplifying equipment
for the purpose of advertising any business, or any goods, or any
services, or for the purpose of attracting the attention of the public
to, or advertising for, or soliciting patronage or customers to or for
any performance, show, entertainment, exhibition, or event, or for
the purpose of demonstrating such sound equipment.
j) Noncommercial Purpose. "Noncommercial purpose" shall mean the
use, operation or maintenance of any sound equipment for other than
a "commercial purpose." "Noncommercial purpose" shall mean and
include, but shall not be limited to, philanthropic, political,
patriotic, and charitable purposes.
Section 6047. Sound Level Measurement Criteria
Any sound level measurement made pursuant to the provisions of this
chapter shall be measured with a sound level meter using the "A" weighting.
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Section 4048. Ambient Base Noise Level
Where the ambient noise level is less than designated in this section
the respective noise level in this section shall govern.
Sound Level A, decibels
Zone
R1 & R2 10 pm to 7 am 45
R1 & R2 7 pm to 10 pm 50
Rl & R2 7 am to 7 pm 55
R3 10 pm to 7 am 50
R3 7 am to 10 pm 55
Commercial 10 pm to 7 am 60
Commercial 7 am to 10 pm 65
Industrial (M) Anytime 70
Section 6049. Radios, Television Sets, and Similar Devices
a) Use restricted. It shall be unlawful for any person within any
residential zone of the City to use or operate any radio receiving set,
musical instrument, phonograph, television set or other machine or device
for the producing or reproducing of sound in such a manner as to disturb
the peace, quiet and comfort of neighboring residents or of any reasonable
person of normal sensitiveness residing in the area.
b) Prima facie violation. Any noise level originating from a radio,
television or similar device exceeding the ambient base level at the
property line of any property (or, if a condominium or apartment house,
within any adjoining apartment) by more than five (5) decibels shall be
deemed to be prima facie evidence of a violation of the provisions of this
section.
Section 6050. Hawkers and Peddlers.
It shall be unlawful for any person within the City to sell anything
by outcry within any area of the City zoned for residential uses. 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, and other similar licensed public entertainment
events.
Section 6051. Schools, Hospitals and Churches.
It shall be unlawful for any person to create any noise on any street,
sidewalk, or public place adjacent to any school, institution of learning,
or church while the same is in use or adjacent to any hospital, which noise
unreasonably interferes with the workings of such institution or which
disturbs or unduly annoys patients in the hospital, provided conspicuous signs
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are displayed in such streets, sidewalk or public place indicating the
presence of a school, church or hospital.
Section 6052. Animals and Fowl.
No person shall keep or maintain, or permit the keeping of, upon any
premises owned, occupied or controlled by such person any animal or fowl
otherwise permitted to be kept which, by any sound or cry, shall cause
annoyance or discomfort to a reasonable person of normal sensitiveness in
any residential neighborhood.
Section 6053. Machinery, Equipment, Fans and Air Conditioning.
It shall be unlawful for any person to operate any machinery, equip-
ment, pump, fan, air conditioning apparatus, or similar mechanical device in
any manner so as to create any noise vdhich would cause the noise level at the
property line of any property to exceed the ambient base noise level by more
than five (5) decibels between 7:00 p.m. and 7:00 a.m.
Section 6054. Construction of Buildings and Projects.
It shall be unlawful for any person within a residential zone, or
within a radius of 500 feet therefrom, to operate equipment or perform any
outside construction or repair work on buildings, structures, or projects or
to operate any pile driver, power shovel, pneumatic hammer, derrick, power
hoist, or any other construction type device (between the hours of 7:00 p.m.
of one day and 7:00 a.m. of the next day) in such a manner that a reasonable
person of normal sensitiveness residing in the area is caused discomfort or
annoyance unless beforehand a permit therefor has been duly obtained from the
Director of Public Works. No permit shall be required to perform emergency
work as defined in Section 6046 of this Article.
Section 6055. Vehicle Repairs.
It shall be unlawful for any person within any residential area of the
City to repair, rebuild or test any motor vehicle between the hours of 9:00 p.m.
of one day and 8:00 a.m. of the next day in such a manner that a reasonable
person of normal sensitiveness residing in the area is caused discomfort or
annoyance as a result of noise resulting from the activity.
Section 6066. Motor Driven Vehicles.
It shall be unlawful for any person to operate any motor driven
vehicle within the City in such a manner that a reasonable person of normal
sensitiveness residing in the area is caused discomfort or annoyance as a
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result of noise from the activity; provided, however, any such vehicle which
is operated upon any public highway, street or right of way shall be excluded
from the provisions of this section.
Section 6067. Regulations.
The commercial and noncommercial use of sound amplifying equipment shall
be subject to the following regulations:
a) The only sounds permitted shall be either music or human speech;
or both.
b) The operation of sound amplifying equipment for commercial purposes
shall only occur between the hours of 8:00 a.m. and 6:00 p.m. each day except
on Sundays and legal holidays. The operation of sound amplifying equipment
for noncommercial purposes shall only occur between the hours of 8:00 a.m.
and 10:00 p.m.
c) Sound level emanating from sound amplifying equipment shall not
exceed fifteen (15) decibels above the ambient base noise level. Nor shall
it be audible at any distance in excess of 200 feet from the amplifying
equipment.
d) Notwithstanding the provisions of subsection (c) of this section,
sound amplifying equipment shall not be operated within 200 feet of churches,
schools, hospitals.
e) In any event, the volume of sound shall be so controlled that it
will not be unreasonably loud, raucous, jarring, disturbing or a nuisance
to reasonable persons of normal sensitiveness within the area of audibility.
Section 6058. General Noise Regulations.
Notwithstanding any other provision of this chapter, and in addition
thereto, it shall be unlawful for any person to wilfully make or continue,
or cause to be made or continued, any loud, unnecessary, or unusual noise
which disturbs the peace and quiet of any heighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitiveness
residing in the area.
The standards which shall be considered in determining whether a
violation of the provisions of this section exists shall include, but not be
limited to the following:
a) The level of the noise;
b) The intensity of the noise;
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c) Whether the nature of the noise is usual or unusual;
d) Whether the origin of the noise is natural or unnatural;
e) The level and intensity of the background noise, if any.
f) The proximity of the noise to residential sleeping facilities;
g) The nature and zoning of the area within which the noise emanates;
h) The density of the inhabitation of the area within which the noise
emanates;
i) The time of the day or night the noise occurs;
j) The duration of the noise;
k) Whether the noise is recurrent, intermittent, or constant; and
1) Whether the noise is produced by a commercial or noncommercial
activity.
Section 6059. Exemptions.
The following activities shall be exempt from the provisions of this
ordinance, to wit:
1) Garbage collection activities subject to City of Ukiah franchise.
2) Operation of street sweepers by City personnel or the operation
of sweepers under contract to the City of Ukiah.
Section 6060. Violations: Misdemeanors
Any person violating any of the provisions of this Article shall be
deemed guilty of a misdemeanor and upon conviction thereof, shall be fined
in an amount not exceeding Five Hundred and no/100th Dollars ($500.00) or be
imprisoned in the City or County Jail for a period not exceeding six (6)
months, or by both such fine and imprisonment. Each day such violation is
committed or permitted to continue shall constitute a separate offense and
shall be punishable as such.
Section 6061. Violations: Additional Remedies: Injunctions.
As an additional remedy, the operation of maintenance of any device,
instrument, vehicle, or machinery in violation of any provision of this
Article, which operation or maintenance emits noise which causes discomfort
or annoyance to reasonable persons of normal sensitiveness or which endangers
the comfort, repose, health or peace of residents in the area, shall be
deemed and is declared to be a public nuisance and may be subject to abatement
summarily by a restraining order or injunction issued by a court of competent
jurisdiction.
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Section 6062. Severability.
If any provision, clause, sentence, or paragraph of this Article or
the application thereof to any person or circumstances, shall be held
invalid, such invalidity shall not affect the other provisions or
applications of the provisions of this chapter which can be given effect
without the invalid provisions or application and, to this end, the provisions
of this Article are hereby declared to be severable.
Article 2. This ordinance shall be published as required by law in a
newspaper of general circulation published in the City of Ukiah.
Article 3. This ordinance shall become effective 30 days after its adoption.
PASSED AP1D ADOPTED this 18th day of June, 1980, by the following roll call
vote:
AYES: Councilmember Riley, Feibusch, Snyder, Myers, Hickey
NOES: None
ABSENT: None
s/Hays Hickey
Mayor
ATTEST:
s/Hattie Tillotson
City Clerk