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Ordinance No. 478 - Noise Control Ordinance~_.~ c~ CITY OF ROSEMEAD LOS ANGELES COUNTY, ROSEMEAD ORDINANCE N0. 478 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING A NOISE CONTROL ORDINANCE: .THE CITY COUNCIL OF THE CITY, OF ROSEMEAD DOES HEREBY 'ORDAIN AS FOLLOWS: Section 4300. This Ordinance-may be cited as the "Noise Contro 'Or finance of the City of Rosemead." -INTENT AND PURPOSE Section 4301. .Policy In order to control unnecessary, excessive and annoying noise in the City of Rosemead, it is hereby declared to be the policy of the City to prohibit such noise generated from any sources as specified in this Ordinance. - It is determined that certain noise levels are detri- mental to the public health, welfare and safety, and contrary to public interest, and therefore, the City Council of the City of Rosemead does ordain and declare that creating, main- taining, causing or allowing to be created, caused or main- tained any noise in a manner prohibited by or not in conformity with the provisions of this Ordinance, is a public nuisance and shall be punishable as such. DEFINITIONS ' Section 4302. Terminology All terminology used in thin Ordinance, not defined below, shall be in conformance with_applicable publications of the American National Standards~Institute (ANSI) or its successor body. Section 4303. Definitions - The following words, phrases and terms are .for the purpose of this Ordinance and shall have the meanings as indicated below: (a) AGRICULTURAL PROPERTY shall mean a parcel of real property which is undeveloped for any use other than agricul- .. tural purposes; including any residence located thereon. (b) AMBIENT NOISE LEVEL shall mean the all-encompassing noise level associated with a given environment, being a com- posite of sounds, from all sources, ,excluding the alleged of- fensive noise, occasional or occasional and transient sources, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. (c) "A" WEIGHTED SGUND LEVEL shall mean the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of 20 micro-pascals using the "A" weighted network scale as slow response. The unit of measurement shall be defined as dBA. _. + Il r -_ (d) COMMERCIAL PROPERTY shall mean a parcel of rear property which is developed and used either in part or in whole for commercial purposes. (e) CONSTRUCTION shall mean .any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property. (f) CUMULATIVE PERIOD shall mean an additive period of time composed of individual time segments which may be continuous or interrupted. (g) DECIBEL (dBA) shall mean-unit denotes the ratio. between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of too (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio. (h) DWELLING UNIT shall mean a single unit providing complete independent living facilities for one or more persons including permanen"1~`,provisions for living,. sleeping, eating, cooking and sanitation. (i) EMERGENCY shall mean any occurance or set of cir- • cumstances involving actual or imminent injury to person or' property damage cahich demands immediate action. (j) EMERGENCY.DIACtIINERY, VEHICLE, WORK OR ALARM shall mean any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or re- store safe conditions in the community or for the citizenry, o~: work by private or public utilities Cohen restoring utility service. (k) FIXED NOISE SOURCE shall mean ~. stationary device which creates sounds while fixed or motionless including, but not limited to residential „ agricultural, industrial and com- mercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. • (1) GRADING shall mean any excavating or filling of earth material or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. ..:,(m) HEALTH CARE INSTITUTION shall mean any hospital, convalescent home ,or other similar facilities which provides health care, medical treatment, room, board or other services for the ill, retarded or convalescent. (n) IMPLUSIVE NOISE shall mean a noise of short duration usually less than one second of high intensity, with an abrupt onset and rapid decay. (o) INDUSTRIAL PROPERTY shall mean a parcel of real property which is developed and used either in part or in whole for manufacturing purposes or zoned M-1. (p) INTRUDING NOISE LEVEL shall mean the total sound level, in decibels, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation. (q) MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. (r) NOISE shall mean any humans or which causes or tends.to or physiological effect on humans. sound which annoys or disturbs cause an adverse psychological (s) NOISE DISTURBANCE shall mean any sound which (a), endangers or .injures.the._safety or health of humans, or (b), annoys or disturbs a reasonable person of normal sensitivities, or (c), endangers or injures personal or real property. (t) PERSON shall mean a person, firm, association, co- partnership, joint venture corporation or any entitiy, public or private ih nature. (u) RESIDENTIAL PROPERTY shall mean a parcel of real property which is zoned for residential use according to the Rosemead Municipal Code, other than transient uses such as hotels and motels. (v) SOUND AMPLIFICATION EQUIPMENT shall mean any device which produces, reproduces, or amplifies sound and has a variable volume control. (w) SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute's Standard SL. 4-1971, or most recent revision thereof for Type 1 or Type 2 sound level meters. • (x) SOUND PRESSURE LEVEL of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicity stated. COMMUIQITY.`^IOISE .CRITERIA Section 4304-;Decibe 1. Measurement_Criteria Any decibel measurement made pursuant.to'the provisions of the Ordinance shall be based on a reference sound pressure of 20 micro-pascals as measured with a sound level meter using the "A" weighted network (scale).at slow response. Section 4305. Designated Noise Zones . Receptor properties hereinafter described are hereby assigned to the following noise zones: NOISE ZONE 1 Single, double and multiple family residential properties. NOISE ZONE II Commercial properties'. NOISE GONE IhI Manufacturing or industrial properties Section 4306. Exterior Noise Standards (a) The following noise standards, unless otherwise specifically indicated, shall apply to all receptor properties within a designated noise zones: - Noise Zone 1 Type of Land Use (Receptor Property) ~~~. ~( Single, double or multi- 10:00 p.m.-7:00 a ple family residential 7:00 a.m. -10:00 Time Interval Allowable Exterior Noise Level II m. ~ asn p.m. 60 dBA Commercial 10:00 p.m.-7:00 a.m. 60 dBA 7:00 a.m.-10:00 p.m. 65 dBA III Industrial or Anytime 70 dBA Manufacturing (b) A person shall not .in any location,of,the City; of Rosemead create any noise, or allow the creation of any noise on property owned, leased, occupied or otherwise con- trolled by such person (hereinafter "Noise Source"), which causes the noise level when measured on any property (here- inafter "Receptor Property"), to exceed: (1) The applicable noise standard for a cumulative period of more than thirty minutes in any hour; or (2) The applicable noise standard plus 5 dBA for a cumulative period of more than fifteen minutes in any hour; or (3) The applicable noise standard plus 10 dBA for a cumulative period of more than five minutes in any hour; or (4) The applicable noise standard plus 15 dBA for a cumulative period of more than one minute in any hour; or of time. (5) The noise standard plus 20 dBA for any period (c) In the event the ambient noise level exceeds 'any of the first three noise limit categories above, the cumulative period applicable to said category shall be in- creased to reflect ambient noise level. In the event the ambient noise level exceeds the third noise limit category, • the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level: (d) If the receptor property is located on a boundary between two different noise zones, the lower noise level stan- dard applicable to the quieter noise zone-shall apply. (e) If. the noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the source is in operation ;shall be com- pared.directly to the receptor property's designated land use and for the time of day the noise level is measured. Section 4307. Interior Noise.Standards (a) The following noise standard, unless otherwise specifically indicated, shall apply to all residential receptor property within all noise zones: Noise Zone Type of 'Land .Use Time InteYVal Allowable Noise Level ALL (Receptor Property) Anytime 45 dBA Residential The noise limit specified above shall be reduced by 5 dBA for noises consisting of speech or music, provided how- ever, that if the ambient noise level exceeds the resulting standard the ambient shall be standard. (b) of Rosemead on property such person any recepto exceed: A person shall not at any create any noise, or allow ocaned, leased, occupied or ~oiiich causes the noise lev r residential dwelling unit location within the City the creation of any noise otherwise controlled by =_1 when measured within in any noise zone to (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or ~2) The interior noise standard plus five (5) dBA for a cumulative period of more than one (1) minute in any hour; or (3) The i~erior noise standard plus~n (10) dBA for any period of time. (c) In the event the ambient noise level exceeds the noise limit categories set forth in paragraph (b-1) and (b-2) above, the cumulative period applicable to said cate- gory shall be increased to reflect said ambient noise level. In the .event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (d) If the receptor property is located on a boundary between two different noise zones, the noise level standard applicable to the quieter noise zone shall apply. (e) 'If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period -r whereby the ambient noise level can be determined, the same f procedures specified in .Section 4306 (e) shall be deemed proper to enforce the provisions of this Section. Section 4308. NOISE LEVEL MEASUREMENT The location selected for measuring exterior noise levels shall be at any point on the receptor property, and at least four feet above the ground and. five feet from the nearest structure or wall. Interior. noise measurements shall be made within the receptor residential unit. The • measurements shall be made at a point at least four (4) feet from the wall ceiling or floor nearest the noise source with windows in an open or closed position depending on the normal ventilation requirements. Section 4309. GRANDFATHER PROVISIONS . Any noise source located in an "M" zone as defined in the Rosemead Zoning Ordinance, and which noise source is in operation on or prior to the date of adoption of this Ordinance shall be exempt from the provisions of this article, provided ho~oever, that such source shall not increase its noise level beyond that currently existing.. Notwithstanding the foregoing, no such noise source shall emit levels in excess of the stan- dards set forth.in Section 4320. • SPECIAL PROVISIONS Section 4310. Exemptions. The ,following activities shall be exempted from the provisions of this Ordinance: (a) Activities conducted on. public playgrounds and public or private school grounds, including but not limited to, school athletic or school entertainment events or programs sponsored by Rosemead Recreation Department.. (b) ,Any mechanical device, apparatus. or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes.in.any hour of its being activated. (c) Noise sources associated by construction, repair, remodeling or grading of any real property or during authorized seismic surveys, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, in- cluding Saturday, or at any time on Sunday or a federal holiday, and provided the noise level created by such activities do not exceed the noise standard of 65 dBA plus the limits specified in Section 4307(b) as measured on residential property and does not endanger the public health, welfare and safety.. (d) All mechanical devices, apparatus or equipment associated with agricultural operations provided: (1) Operations do not take place between 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday or at any time on Sunday or a federal holiday; or _ (e) Noise sources associated with the maintenance of real property provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. (f) Any activity to the extent regulation thereof has been preempted by State or Federal law, including but not limited to: aircraft, motor vehicles, railroads, and other interstate carriers. (g) The provisions of this Ordinance shall not preclude the construction, operation, maintenance, and repairs of equipment, apparatus, or facilities of park and recreation departments, public work projects, or public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission. PROHIBITED ACTS Section 4311. Noise Disturbance Prohibited A person shall not make, continue or cause to be made or continued, any noise disturbance. Non-commercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this Section. Section 4312. Specific Prohibitions ' The following acts, and the causing thereof, are declared to be in violation of this Ordiance. (a) Radios, Television Sets, Musical Instruments and Similar Devices: • Operating, playing or permitting the operation or . playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary or within a noise sensitive zone. (b) l.oudspe'akers/Public Address Systems: (1) Using or operating for non-commercial .purpose any loudspeaker, public address system, or similar device between the hours of 10:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential-real property .boundary. (2) Using or operating for any commercial purpose, any loudspeaker, public address system, or similar device, (1), such that the sound therefrom creates a noise disturbance across a real property boundary, or (2), between the hours of 10:00 p.m: and 7:00 a.m. the following day on a public right-of-way or public space. (c) Loading and Unloading Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, gargage cans, or similar objects between the hours of 10:00 p.m. and 6:00 a.m the following day in such a manner as to cause a moise disturbance across a residential real property boundary. (d) Vehicle or Motorboat,Repair5 and Testing Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in .such a manner as to cause a noise disturbance across a residential real property boundary. (e) Powered Model Vehicles Operating. or permitting the 'operation of powered model vehicles so as to create a noise disturbance across.a residen- tial real-property boundary, in a public space between the hours of 10:00 p.m. and 7:OO a.m. the following day. Maximum sound levels in a public space during the permitted period of operation shall conforni to those set forth for residential land use in Section 4306 (a). Maximum sound levels for resi- dential property during the permitted period of operation, shall be governed by Section 4306 (a). (f) Stationary Non-Emergency Signaling Devices (1) Sounding or permitting the sounding of any ' 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 five (5) minutes in. any hourly period. (2) Devices used in conjunction with places of re- ligious worship shall be exempt from the operation of this provision. (g) Refuse Collection Vehicles A person shall not: (1) On or after three (3) years following the effec- tive date of this Ordinance, operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse and which creates, during the compacting cycle, a sound level in excess of 85 dBA when measured at fifty (50) feet from any point on the vehicle. (2) Operate or permit the operation of the compacting mechanism of any motor vehicle which compacts refuse, between the hours of 10:00 p.m and 6:00 a.m. the ..following day in a residential area or noise sensitive zone or within 500 feet thereof. (3) Collect refuse with collection vehicle between the hours of 10:00 p.m.` and 6:00 a.m. the following day in a residential area or noise sensitive zone or within 500 feet thereof. (4) In the case of a conflict between this Ordinance and any other ordinance regulating refuse collection, provisions, of any specific ordinance regulating refuse collection shall control. Section 4313. Variances For Time To Comply (a) Within 120 days following the effective date of this Ordinance, the owner of any commercial. or industrial source of sound may apply to-the Planning Commission-for a variance for time to comply. (b) Any person-seeking a variance for time to comply shall file an applciation with the Planning Department. The t~ : . . application shall stain information which d ~nstrates ~ ~ that bringing the rce of sound or activit~~r ~•7hich ` the variance is so t into compliance with tc.<s Ordinance, '' prior to the date requested in the application, would con- '` stitute an unreasonable hardship on the applicant, on the community, or other persons. (c) In determining whether to grant or deny the application, the Planning Commission shall balance the hard- ship to the applicant, the community, and other persons by not granting, the variance for time to comply against the adverse impact on property affected; and any other adverse impacts of granting the variance. Applicants for variances for time to comply and persons contesting variances may be required to submit .any information to the Planning Commission that they may reasonably require. In granting or denying an application, the Planning Department shall. place on public file, a copy of the decision and the reasons for denying or granting the variance for time to comply. • (d) Variances for time to comply shall contain all necessary conditions, including a schedule for achieving compliance. The variance for time to comply shall not become effective until all conditions are agreed to by the applicant in writing. Non-compliance with any condition of the variance shall terminate the variance and subject the person holding it to the provisions of this Ordinance:. (e) Application for extension of time limits speci- fied in variances for time to comply, or for modification of other substantial conditions, shall be treated as. applications for initial variances under Subsection 4313 (b), except that the Planning Commission must find that,the need for the ex- tension or modification clearly outweighs any. adverse impacts . of granting the extension or modification. . (f) The Planning Commission may issue guideline s defining the procedures to be followed in applying for a > variance for time to comply and the criteria to be considered in deciding whether to grant a variance. (g) FINDINGS No variance shall be granted unless the Planning Commission makes all of the following findings: (1) That the applicant is or will be in violation of this Ordinance. (2) That, due to conditions beyond the reasonable control of the applicant, requiring compliance would result in either; (a) an arbitrary or unreasonable taking of property; or (b) the practical losing and elimination of a lawful business. (3) That such closing or taking would be without a corresponding benefit in reducing noise levels. Section 4314. APPEALS (a) A person dissatisfied with an action taken by the Planning Commission may appeal to the City Council. A.a rr;~heats sh11I he submitaecl and acCed upon i.n the manner prescr-i.bed by Section 4186.6. Section 4315 •ENFOLtCEMENT The City Manager or liis appointed representative is directed t.o enforce the provisions of this Ordinance and is hereby autho- rized and may arre.st.at his discretion,. any person without a warrant when he has reasonable cause to believe that such person has committed a misdemeanor in his presence. Section 4316, No person shall in~e fee witfh, o~sose ~r resis'C-ai~a~thox'lzeda person c arged wlt~i t e en orce nt o this Ordinance while such .person is engaged in the performance of his duty. Section 4317. Violations of this Ordinance shall be prosecute in t e same manner as other misdemeanor violations of the City Codes, provided however, that in the event of an initial violation of the provisions of this Ordinance, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application for permit or variance shall be received by the Planning Department. No complaint or further action shall be taken in the event the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice. Section 4318. MISDEMEANORS Any person violating=any of the provisions of this . Ordinance shall be deemed guilty of a midemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00 or be imprisoned in the County Jail for a period not exceeding six (6) months or both such fine and imprison- continueashallyconst'ituteaaioeparatemoffenseoandeshallebeto punishable as such. Section 4319. In the event the alleged violator cannot be locate- din ordrer to serve the notice of intention to prose- cute, the notice. as required herein shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last-known address or at the place where the violation occured in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day follocaing the mailing of such notice. Subsequent violations of the same offense shall result in the immediate filing of a mis- demeanor complaint. ' Section 4320. IMMEDIATE THREATS TO HEALTH AND WELFARE (a) The City Manager shall order an immediate halt to .any sound which exposes 'any person;~except those excluded pursuant to Subsection 4310 to continuous sound2leaals fol- excess of those shown in Table B.' [within two ( ) y lowing issuance of such an order, the City shall apply to the appropriate court for an injunction to replace the order. (b) No order pursuant to Subsection 4320 shall be issued if the only persons exposed to sound levels in excess of those listed in Tables A and B are exposed as a result of (1) trespass; (2) invitation upon private property by the person causing or permitting the sound; or (3) employment by the person or a contractor of the person causing or per- mitting the sound. (c) Any person subject to an.order issued pursuant to Subsection 4320 (a), shall comply with such order until (1), the sound is brought into compliance with the order, as determined by the City Manager; or (2), a judicial order has superseded the City Manager's order. Section 4321 • DELAY IN IMPLEMENTATION ~IXED NOISE SOURCES None of the provisions of this Ordinance shall apply to a fixed sound source during the period commencing the effec- tive date of this Ordinance and terminating one year thereafter This Section does not apply where the source of the noise is sound amplificaion equipment with variable volume control. Section 4322.. SEVERABILITY If any provision, clause, sentence, or paragraph of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Ordinance which can be given effect without the invalid provisions or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. The City Clerk shall certify to the passage of adoption of this Ordinance and to the approval by the City Council of the City of Rosemead. PASSED. APPROVED AND ADOPTED this 10th day of October.. . • • 1978. ATTEST: C ty Cle ~ Q _`_ G,~ Mayor of e City of Ros ead I, Ellen Poochigian, City Clerk of the City of~Rosemead, do hereby certify that the foregoing Ordinance No. 478 was duly adopted by the City Council of the City of Rosemead and approved by the Mayor at a regular Meeting on the "10th day of October' 1978 and that the same was adopted by the following vote, to wit: AYES: Councilmen Hunter,`Cichy,.Imperial, Tury and Taylor NAYES: None ABSTAIN: None ~~~~~° ; . ity Clerk of t City of Rosemead Table A: Continuous Sound Levels which Pose an Immediate Threat to Health and Welfare (Measured at 50 Feet or 15 Meters)%~ • • Sound level limit (dBA) Auration 90 24 hours` 93 . 12 hours 96 6 hours 99 3 hours 102 1,5 hours 105 45 minutes 108 22 minutes * Use equal enery time-intensity trade=off if level varies; find energy equivalent over 24 hours. Tab 1e B: Impulsive Sound Levels which Pose an Immediate Threat to Health and Welfare (Measured at 50 Feet or 15 Meters) . Sound level limit (dB) Number of repetitions per 24 hour period 145 1 135 10 125 100 ;.