CITY OF HEALDSBURG

ORDINANCE NO.                

AN ORDINANCE OF TILE CITY COUNCIL OF TILE CITY

OF HEALDSBURG REPEALING CERTAIN NOME REGULATIONS CONTAINED IN THE

CITY OF HEALDSBURG ZONING ORDINANCE, SPECIFICALLY ARTICLE 21­

ENVIRONMENTAL PERFORMANCE STANDARDS SECTION 2130, AND REPLACES

THIS SECTION WITH NEW LANGUAGE WHICH ESTABLISHES A NEW ORDINANCE

THAT REGULATES EXCESSIVE NOISE IN THE CITY OF HEALDSBURG

ESTABLISHES CERTAIN EXEMPTIONS, AND ESTABLISHES ENFORCEMENT

PROCEDURES AND PENALTIES FOR VIOLATION THEREOF

The City Council of the City of Healdsburg does hereby declare and ordain as follows:

SECTION 1. Existing Article 21, Section 2130 of the Healdsburg Municipal Code is hereby repealed

SECTION 2. New Article 21, Section 2130 is hereby established to read as follows: The noise standards established by this ordinance shall be applied to control excessive noise in the community and shall be the standards used under Article 21 as the noise level standards to be applied in the City of Healdsburg.

SECTION 3. Goals.

A.        In accordance with the adopted goals and policies of the general plan Section VIII, Health and Safe, Goal H, which states that the purpose and goal of this section is "to protect the residents of Healdsburg from the harmful effects of exposure to excessive noise" this  ordinance is adopted in the furtherance of that general plan Goal;

B.        This ordinance is also adopted iv the furtherance of the following goals:

(1)        To retain and enhance the quiet residential atmosphere within the City.

(2)        To ensure that the residents and visitors will not be exposed to noise levels which diminish the ability to enjoy an amenable environment and render areas unsuitable for residential use

(3)        To encourage all county, state and national agencies to provide mitigation measures to reduce highway and freeway noise.

SECTION 4. Purpose of the Provision.

A.        In order to address excessive raise or vibration m the City of Healdsburg, it is declared to be the policy of the  City of Healdsburg to limit noise generated from sources as specified in this section. It shall be tire policy of the City to maintain quiet m those areas which

have low noise levels and to implement programs aimed at reducing noise in those areas within the City where noise levels are above acceptable valves.

B.        It is determined that the creation or maintenance of certain excessive noise levels or vibrations are detrimental to the public health, welfare, safety, and are contrary to the public interest. Therefore, the City Council does ordain and declare that creating, maintaining, or causing directly or indirectly any noise in a manner prohibited by or  not complying with the provisions of this chapter is a public nuisance and shall be punishable as specified hereafter.

C.        It is determined that the creation or maintenance of excessive noise or vibration which is prolonged or unreasonable in its time, place and use, and reach or exceed certain noise levels is deemed m be a serious detriment to the public health, safety, welfare, and quality of life to the residents of the City.

D.        It is the intent of the City to control and in some instances, prohibit noise and vibrations which may impact the health, safety, or welfare of the residents of Healdsburg end therefore, the City does ordain and declare that creating, maintaining or causing directly or indirectly an noise or vibration in a manner prohibited by or  not complying with the  provisions of this ordinance is a public nuisance and shall be ,punishable as specified hereafter or under the general laws of the State of California.

SECTION 5. Definitions.

Unless otherwise clearly  indicated, the terms used in this Noise Ordinance as defined as follows:

A weighted sound level means total sound level in decibels of all  sound, as measured with sound level meter using the slow meter response and a weighted network. The reference pressure shall be twenty (20) micropascals.

Ambient noise means the noise associated with  a given environment, being usually a composite of sounds from many sources near and far. For the purposes of this chapter, ambient noise level is the lowest tendency of the sound level meter needle , which is repeated during a ten (10) minute period of observation. The ambient level is  approximately equal m L90, which is the level exceeded ninety (90) percent of the time.

C weighted network means  an electrical network utilized in a sound level meter to provide a prescribed frequency  response. The frequency response characteristics ere those specified in American National Standards Institute publication SI 4-1971 or the most recent revision thereof.

Commercial purpose in relation to sound amplifying equipment means the use, operation, or maintenance of any sound amplifying equipment for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage of customers to or for any performance, show entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.

Construction means any site preparation, assembly, installation, development, substantial repair, alteration, demolition or similar activity, for or on public or private rights of way, structures, improvements- utilities, or other property.

Decibel means one-tenth of a bel. Thus a decibel is ten (10) times the logarithm to the base ten of a ratio of two quantities which are proportional to power.

Emergency work means any work necessary to rescue or protect people or work 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.

Stationary noise source means a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.

Impulsive noise is a noise characterized by brief excursions of sound pressures whose peak levels are very much greater than the ambient noise level (such as might be produced by the impact of a pile driver) typically with one second or less duration.

Intruding noise level means the total sound level created, caused, maintained, or originating from an alleged offensive source in decibels at a specified location while the alleged offensive source is in operation.

Legal holiday means the following clays: The first day of January the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September, the eleventh day in November, Thanksgiving Day. the twenty-fifth day of December, or any other holiday designated by the State of California.

Licensed means the issuance of a formal license or a permit 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.

Mobile noise source means any noise source other than a fixed noise source.

Motor vehicle means, but is not limited to, automobiles, trucks, motorcycles, minibikes, and go-carts.

Noncommercial purpose in relation to sound amplifying equipment means the use, operation, or maintenance of any sound equipment for other than a commercial purpose including, but not limited to philanthropic, political. patriotic. and charitable purposes.

Owner/occupant builder means tire person residing at the property upon which improvements are being made, or his/her immediate household members.

Person means any individual, firm, association, co-partnership, joint venture, corporation,

Or entity, public or private in nature.

Property plane means a vertical plane including the property line which determines the property boundaries in space.

Recreation area means a public park or other public land maintained for active recreation or any private land legally maintained for active recreation.

Sound Pressure Level. The sound pressure level in decibels of a sound is twenty (20) limes the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure. The reference pressure shall be twenty (20) micropascals.

Tone. A noise possesses "tones" or "tonal content" in which the auditory sensation of pitch is distinguishable in the noise.

SECTION 6. Prohibition Against Excessive Noise.

Notwithstanding any other provision of this ordinance and in addition thereto, it is unlawful for any person to willfully make, create, maintain or continue, or cause to be made or continued directly or indirectly arty loud, excessive, 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 or in any manner prohibited by or by not complying with the provisions of this ordinance, and shall be punishable as specified hereafter.

SECTION 7. Exemptions.

The following activities shall be exempted from the provision of this chapter:

A.        Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the City relative to the staging of such events.

B.         Any mechanical device, apparatus or equipment used, related to, or connected with any emergency or agricultural machinery, vehicle, work or a warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its open anion within fifteen (15) minutes of its being activated.

SECTION 8. Construction and Temporary Activities.

A.        Noise sources associated with or vibration created by construction, repair, remodeling. Or grading of any real property or during authorized seismic surveys are permitted, provided such activities do not take place between the nighttime hours of 6:00 p.m. and 7:30 a.m. daily, or at any time on Sunday or a legal holiday, and provided the noise level created by such activities does not exceed the outdoor noise standard of sixty (60) dBA plus the adjustments specified in subsection B of  Section 11 herein, as measured at the property plane of residential or transient lodging property, and any vibration created does not endanger the public health. welfare and safety.

B.         Residential gardening activities conducted by the owner/occupants is permitted between the hours of 7:30 a.m. and 9:00 p.m. to include power mowers, pressure washers and other power apparatus. If these tools are used by outside contractors, then the activities are deemed to fall under construction activities as set forth in subsection A, above.

C.         Nothing in this Section shall be construed to prohibit construction activities that do not exceed the ambient noise level by more than ten (10) dBA, such as painting or interior work.

[top]

SECTION 9. Standards for Maximum Sound Levels and Determining Violations.

Sound Level Standards

It is the objective of the City to require intruding noise levels not to exceed these listed below:

Receptor Land                         Daytime Exterior Sound                         Nighttime Exterior Sound

Use                                          Level dBA Lio                                      Level dBA Lio

Residential and

Office zoned properties                         60                                                        55

Commercial zoned properties                65                                                        60

Industrial zoned properties                    75                                                        70

Daytime shall be considered 7:00 a.m. to 7:00 p.m., and nighttime shall be considered to be 7:00

p.m. to 7:00 a.m.

The criteria to be considered in determining whether a violation has occurred include, but are not limited to, the following:

1.      The intensity of the noise;

2.      Whether the origin of the noise is natural or unnatural;

3.      The level and intensity of the background noise;

4.      The proximity of the noise source to receptors;

5.      The time of the day or night the noise occurs;

6.      The duration of the noise;

7.      Whether the noise is recurrent, intermittent, or constant;

8.            Whether the noise is produced by a commercial or noncommercial activity; and

9.      Whether the noise is produced by equipment normally required for maintenance

of residential properties or for authorized construction projects.

SECTION 10. Temporary Exception Permit.

A.        If the applicant can demonstrate to the Planning Director that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this section would be impractical or unreasonable, a permit to allow exceptions from the provisions contained in all or a portion of this ordinance may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be as short a duration as possible up to 90 days and shall be conditioned by a schedule for compliance and details of methods therefore in appropriate cases. A filing fee may be charged for this permit as determined by the City Council by resolution. Any person aggrieved with the decision of the Planning Director may appeal to the Planning Commission. Any decision of the Planning Commission may be appealed to the City Council.

B          Applicants for construction and temporary activities addressed in Section 8 may apply for an exception to the time restrictions to the Planning Director if it can be demonstrated that extraordinary circumstances exist where application of the regulations would pose an economic hardship beyond ordinary inconvenience or would provide a community benefit to the provision of affordable housing. A filing fee may be charged for this permit as determined by the City Council by resolution. Any person aggrieved with the decision of the Planning Director may appeal to the Planning Commission. Any decision of the Planning Commission may be appealed to the City Council.

SECTION 11. Enforcement Procedure.

A         Investigation.

Upon receipt of a complaint from a citizen, the enforcing officer or his designee, equipped with a sound level meter, shall investigate the complaint at such time as the noise officer deems appropriate and after the officer's assessment of the significance of the complaint, considering history of the noise source and absence or presence of other complaints.

The investigation shall consist of a measurement and the gathering of data to adequately define the noise problem including the following:

1,         Nonacoustic data;

2.         Type of noise source;

3.         Location of noise source relative to complainant's property;

4.         Time period during which noise source is considered by complainant to be intrusive;

5.         Duration of noise produced by noise source;

6.         Date and time of noise measurement survey.

B.         Noise Measurement Procedure.

Utilizing the weighting scale of the sound level meter and the "slow" meter response, the sound level shall be measured at a position or positions along the complainant's property line closest to the noise source or at the location along the boundary line or on the complainant's property where the noise level is at the maximum level. Generally, the microphone shall be located five feet above the ground unless another elevation is deemed appropriate. Calibration of the instrument being used shall be performed immediately prior to and immediately after recording any noise data utilizing an acoustic calibrator. The sound levels at the property line, with the alleged noise source in operation, shall be recorded.

If possible, the ambient noise shall be measured at the same location along the property line utilized in the preceding paragraph, with the alleged offending noise source inoperative. The sound levels measured for this condition shall also be recorded. If for any reason the alleged offending noise source cannot be shut down, then the ambient noise must be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is inaudible. If the operating and not operating is six decibels or greater, then the noise measurement of the alleged source can be considered valid with a small correction applied to account for the contribution of the ambient noise. The correction is to be applied in accordance with data shown in Table A- 1.

TABLE A- 1

Background Noise Correction for Sound Level Measurements

Difference between                                                                 Amount to be

total noise and                                                             subtracted from total noise

background noise                                                                  measurement

alone

 

 

(Decibels)                                                                               (Decibels)

6-8                                                                                               1

8-10                                                                                             0.5

10                                                                                                0

[top]

SECTION 12. Violation -Misdemeanor.

Every person who violates any provision of this chapter is guilty of a misdemeanor. Each day a violation is committed or permitted to continue after notification to desist is a separate offense.

SECTION 13. Violation - Public Nuisance.

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this ordinance, which operation or maintenance thereof cause 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 restraining order or injunction issued by a court of competent jurisdiction.

SECTION 14. Violation - Penalty.

A.        Whenever in this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, such violation of this code or failure to comply with its requirements shall constitute a misdemeanor, unless expressly provided otherwise. Any violation constituting a misdemeanor under this code may in the discretion of the City Attorney be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine of not more than $ 1,000.00 or by imprisonment in the County jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless otherwise provided in this chapter, shall be punishable by a fine as follows: Upon a first conviction by a fine not exceeding $100.00, and for a second conviction within one year of the first conviction by a fine not exceeding $250, and any subsequent conviction within one year from the first conviction by a fine not exceeding $500.00.

B.         In addition to or in lieu of the remedies provided in subsection A of this section, the City Attorney may commence an action for abatement, including, but not limited to, an injunction thereof, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove a violation and restrain and enjoin any person from violating any provisions of this code, or other applicable laws and rules and regulations. All costs, including attorney's fees, for the abatement of a violation of this code which constitutes a public nuisance shall be assessed against any property declared to be a public nuisance and the costs, including attorney's fees, shall be collected in the manner provided for by Government Code Section 38773.5.

PASSED, APPROVED AND ADOPTED by the City Council of the City this              day of

 

                                    2002,  by the following vote:

 

 

AYES:             Councilmembers:          (     )

 

NOES:             Councilmembers:          (     )

 

        ABSENT:            Councilmembers:          (     )

 

ABSTAINING:                        Councilmembers:          (     )

 

SO ORDERED:                                                           ATTEST:

 

 

                                                                                                                                                           

Mark Gleason, Mayor                                                  Maria Curiel, City Clerk

 

606043

 

 This above document is a transcription of the original document. The City Planning Department refused a request to provide a digital copy to ourHealdsburg.com. Every effort has been made to assure its accuracy.

[top]

How the Christmas Faerie tried to give a present to each and every one.

The ourHealdsburg.com REVIEW, commentary, and suggested revisions for the Nov 5 DRAFT Noise Ordinance.

  BACK to ourHealdsburg.com NOISE page