HomeMy WebLinkAbout84-35 Amending Sections of Code Relating to Noise RegulationORDINANCE NO. O 'e/-
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION
13-724 AND AMENDING SECTIONS 13-711 AND 13-721
OF THE COSTA MESA MUNICIPAL CODE RELATING TO
NOISE REGULATION.
THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDS AND DECLARES:
SECTION 1. The urgency ordinance relating to residential noise
control as adopted by the City Council on June 18, 1984, as Ordinance
84-29, requires certain additions and amendments to effectively regulate
the noise levels in the City, which noise levels significantly effect the
health, safety, and welfare of the citizens of the City of Costa Mesa.
These additions and amendments must take effect immediately in order
to protect the interests of the citizens and to regulate the noise levels.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AND
ADD TO AND/OR AMEND THE COSTA MESA MUNICIPAL CODE AS FOLLOWS:
SECTION 2.
Section 13-711. Policy Declared.
Amend to read:
"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,
comfort, safety, peace and enjoyment and welfare of the citizenry, and in
the public interest shall be regulated and systematically proscribed."
"Section 13-721. Violations.
Subsection (b) amended to read as follows:
"(b) Each time an offensive noise exceeds any one of the five
categories combining noise level and cumulative period set forth in
Section 13-716, or the three categories in Section 13-717, shall constitute
a separate offense and be punishable as such.
"Section 13-724. Laud, Unnecessary and Unusual Noise.
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, and unusual noise
which disturbs the peace or quiet of any neighborhood or which causes
discomfort or annoyance to any reasonable person of normal sensitiveness
residing in the area.
The standard which may be considered in determining whether a viola-
tion of the provisions of this section exists may include, but not be
limited to, the following:
(a) The level of noise;
(b) Whether the nature of the noise is usual or unusual;
(c) Whether the origin of the noise is natural or unnatural;
(d) The level and intensity of the background noise, if any;
(e) The proximity of the noise to residential sleeping facilities;
(f) The nature and zoning of the area within which the noise emanates;
(g) The density of the inhabitation of the area within which the
noise emanates;
(h) The time of the day and night the noise occurs;
(i) The duration of the noise;
(j) Whether the noise is recurrent, intermittent, or constant; and
(k) Whether the noise is produced by a commercial or noncmmercial
activity.
(1) The density of the inhabitation of the area affected.
SECTION 3. This Ordinance shall take effect and be in full force
immediately frcm and after the passage thereof, and prior to the expira-
tion of fifteen (15) days from its passage, shall be published once in
the ORANGE ODAST DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa, together with the names of the
members of the City Council voting for and against the same.
PASSED AND ADOPTED this dU / day c
ATTEST:
City C k of the City of Cost esa
Q►a
APPROVED AS TO FORM
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and
foregoing Ordinance No. XV- 36'
was introduced and considered section by
secti n at a regular meeting of said City Council held on the _day
of , 1984, and thereafter passed and adopted as a
whole'PW regular meeting of said City Council held on the a0 `'day
of , 1984, by the following roll call vote:
AYES: COUNCILMEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
IN WITNESS WHEREOF, I have hereto set my and and affixed the Seal
of the City of Costa Mesa this o?/ day of , 1984.
`Ci y Clerk and ex -officio Clerk of he
ty Columeil of the City of Costa Mesa
_Deputy C�ly Clerk
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