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HomeMy WebLinkAbout1062ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE SECTIONS 6058 AND 6060 IN DIVISION 7, CHAPTER 1, ARTICLE 6, ENTITLED "NOISE REGULATION "AND SECTION 1985 IN DIVISION 1, CHAPTER 12 ENTITLED: "PARKS AND RECREATION FACILITIES." The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections 6058 and 6060 in Division 7, Chapter 1, Article 6 of the Ukiah City Code, entitled "Noise Regulation" are amended to read as follows: §6058: GENERAL NOISE REGULATIONS: Notwithstanding any other provisions of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Standards which may be considered in determining whether a violation of the provisions of this Section exists include, but are not be limited to, the following: A. The level of the noise; B. The intensity of the noise; C. Whether the nature of the noise is unusual; D. Whether the noise stands out against 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. Whether the noise occurs at a time of day when most people expect relative quiet; ORDINANCE NO. 1062 Page 1 of 3 J. Whether the noise occurred only once for a short period of time or occurs more than once and for longer periods of time: and, K. Whether the noise is produced by a reasonable commercial activity during normal business hours. 6060: VIOLATIONS; INFRACTION: Any person violating any of the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within one year; and five hundred dollars ($500.00) for each additional violation within one year of committing the first offense. SECTION TWO Section 1985 in Division 1, Chapter 12 of the Ukiah City Code, Entitled "Park and Recreation Facilities" is hereby amended to read as follows. 1985: AMPLIFIERS: The Noise Ordinance of the City shall be effective in City parks and other City owned outdoor facilities unless a permit has been obtained or the park is being used by the City for a City sponsored event. The City Manager or the Director of Community Services shall have the authority to issue the permit described herein and to establish policies for City sponsored events. Any person failing to abide by the conditions of such permit may have the permit summarily revoked by a police officer or other duly authorized City representative. SECTION THREE This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah. SECTION FOUR This Ordinance shall become effective thirty (30) days after adoption Introduced by title only on January 19, 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku None Councilmember Crane None ORDINANCE NO. 1062 Page 2 of 3 Adopted on February 2, 2005 by the following roll call vote: AYES: NOES: None ABSENT: None ABSTAIN: None Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku /..M'~'rk Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. 1062 Page 3 of 3