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ORDINANCE 778ORDINANCE NO. 778 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY AMENDING SECTION 9.04.030; REPEALING SECTIONS 9.04.040, 9.04.050, 9.04.060, 9.04.070 AND 9.04.080; AND ADDING CHAPTER 9.06 RELATING TO NOISE REGULATIONS; AND AMENDING CHAPTER 12.16 OF SAID CODE RELATING TO ADVERTISING VEHICLES. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9. 04. 030 of the "E1 Segundo Municipal Code" is amended to read as follows: "9.04.030 ENUMERATION -- MAINTENANCE. In Sec- tions 9. 04. 090 through 9.04. 130, the following are hereby expressly declared to be nuisances and except as hereinafter provided are prohibited in the city and any person maintain- ing or permitting the nuisances or any of them to be maintain- ed or to exist on his premises, whether as owner, lessee or otherwise, shall be guilty of a misdemeanor. " SECTION 2. Chapter 9. 06 consisting of Sections 9. 06. 010 to 9. 06.220, inclusive, is added to the "El Segundo Municipal Code" to read as follows: "CHAPTER 9.06 NOISE REGULATION "9. 06.010 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 interests shall be systematically proscribed. "9. 06. 020 DEFINITIONS. As used in this chapter, un- less the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: (1) Ambient Noise. 'Ambient noise' is the all- encom- passing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes with- out inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. (2) Decibel. 'Decibel' (db) shall mean a unit of level which de- notes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio. (3) 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. (4) Frequency. 'Frequency' of a function periodic in time shall meant the reciprocal of the primitive period. The unit is the hertz and shall be specified. (5) Hertz. 'Hertz' shall mean the complete sequence of values of a periodic quantity which occurs during a period. (6) Microbar. 'Microbar' shall mean a unit of pressure com- monly used in acoustics and is equal to one (1) dyne per square centi- meter. (7) Period. 'Period' of a periodic quantity shall mean the smallest increment of time for which the function repeats itself. (8) Periodic Quantity. 'Periodic quantity' shall mean oscilla- ting quantity, the va ues o which recur for equal increments of time. (9) Person. 'Person' shall mean a person, firm, association, copartners hint venture, corporation, or any entity, public or private in nature. (10) Sound Level. 'Sound level' (noise level), in decibels (dB) is the sound measure3 with the A weighting and slow response by a sound level meter. (11) 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 S1. 4 -1971 or the most recent revision thereof. (12) Motor Vehicles. 'Motor Vehicles' shall include, but not be limited to, mini-bikes and go- carts. (13) Sound Amplifying Equipment. 'Sound amplifying equip- ment' shall mean any machine or device for the amplification of the human voice, music, or any other sound. 'Sound amplifying equip- ment' 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. (14) Sound Truck. 'Sound truck' shall mean any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. (15) Commercial Purpose. 'Commercial purpose' shall mean and include the use, operation, or maintenance of any sound ampli- fying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the atten- tion of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibi- tion, or event, or for the purpose of demonstrating such sound equip- ment. -2- "(16) Noncommercial Purpose. 'Noncommercial purpose' shall mean t the use, operation, or maintenance of any sound equip- ment for other than a 'commercial purpose.' 'Noncommercial purpose' shall mean and include, but shall not be limited to, philan- thropic, political, patriotic, and charitable purposes. "9.06.030 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. "9.06.040 AMBIENT BASE NOISE LEVEL. Where the am- bient noise level is less than designated in this section the respec- tive noise level in this section shall be the ambient base level for the purpose of this chapter. Sound Level Zone Time dbA R1 and R2 10 pm to 7 am 50 It if " 7 pm to 10 pm 55 It if " 7 am to 7 pm 60 R3 and P 10 pm to lam 55 " it 11 7 am to 10 pm 60 Commercial 10 pm to 7 am 60 " 7 am to 10 pm 65 M1 anytime 70 M2 anytime 75 "9.06.050 VIOLATIONS: ADDITIONAL REMEDIES: INJUNC- TIONS: Notwithstanding the provisions of Section 1. 12. 010 as an additional remedy, the operation or maintenance of any device, in- strument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance 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. "9.06.060 RADIOS, TELEVISION SETS, AND SIMILAR DE- VICES. (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 (between the hours of 10:00 p. m. of one day and 7:00 a. m. of the following day) in such a manner as to disturb the peace, quiet, and comfort of neighboring residents or any reasonable person of nor- mal sensitiveness residing in the area. "(b) Prima facie violation. Any noise level exceeding the am- bient base level (as the same is defined in Section 9. 06. 040) 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 pro- visions of this section. "9.06.070 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, -3- "parades, fairs, circuses, and other similar licensed public enter- tainment events. "9. 06. 080 DRUMS. Use restricted. It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city. This section shall not apply to any person who is a partici- pant in a school band or duly licensed parade or who has been other- wise duly authorized to engage in such conduct. "9.06.090 SCHOOLS, HOSPITALS AND CHURCHES. It shall be unlawful for any person to create any noise on any street, side- walk, 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 con- spicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church, or hospital. "9.06.100 ANIMALS AND FOWL. No person shall keep or main- tain, 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, cry, or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in any resi- dential neighborhood. "9.06. 110 MACHINERY, EQUIPMENT, FANS, AND AIR CONDI- TIONING. It shall be unlawful for any person to operate any machinery equipment, pump, fan, air conditioning apparatus, or similar mechani- cal device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambi- ent base noise level by more than five (5) decibels. "9. 06. 120 CONSTRUCTION OF BUILDINGS AND PROJECTS. It shall be unlawful for any person 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 ham- mer, derrick, power hoist, or any other construction type device (between the hours of 10:00 p. m. of one day and 7 a. m. of the next day) in such a manner, that a reasonable person of normal sensitive- ness residing in the area is caused discomfort or annoyance unless beforehand a special permit therefor has been duly obtained from the Director of Building Safety. No special permit shall be required to perform emergency work as defined in Section 9. 06. 020 of this chapter. "9. 06.130 VEHICLE REPAIRS. It shall be unlawful for any per- son within any residential area of the city to repair, rebuild, or test any motor vehicle (between the hours of 10:00 p. M. of one day and 7:00 a. m. of the next day) in such a manner that a reasonable person of nor- mal sensitiveness residing in the area is caused discomfort or annoy- an ce. "9.06.140 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; 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. "9.06.150 AMPLIFIED SOUND: PURPOSE OF LEGISLATION. The Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that the use of sound amplifying equip- -4- cR5`!9 "ment is protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise. "9.06.160 AMPLIFIED SOUND: REGISTRATION: REQUIRED. It shall be unlawful for any person, other than personnel of law enforce- ment or governmental agencies, to install, use, or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving in- structions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place, or public property without first filing a registration statement and obtaining approval thereof as set forth in Section 9. 06. 170 "9.06.170 AMPLIFIED SOUND:REGISTRATION: REQUIREMENTS AND DUTIES. (a) Registration statements: Filing Every user of sound amplifying equipment shall i e a registration statement with the Police Department not less than three (3) days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information: (1) The name, address and telephone number of both the owner and user of the sound amplifying equipment; (2) The maximum sound producing power of the sound amplify- ing equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate dis- tance for which sound will be audible from the sound amplifying equip- ment; (3) The license and motor number if a sound truck is to be used; (4) A general description of the sound amplifying equipment which is to be used; and (5) Whether the'sound amplifying equipment will be used for com- mercial or noncommercial purposes. (b) Registration Statements: Approval. The Police Department shall return tote applicant an approved certified copy of the registra- tion statement unless it finds that: (1) The conditions of the motor vehicle movement are such that in the opinion of the Chief of Police, the use of the equipment would constitute a detriment to traffic safety; or (2) The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or (3) The registration statement required reveals that the appli- cant would violate the provisions set forth in Section 9.06. 04 0 of this chapter or any other provisions of this Code. (c) Disaperoval. In the event the registration statement is dis- approved, the Chief of Police shall endorse upon the statement his rea- sons for disapproval and return it forthwith to applicant. "9. 06.180 AMPLIFIED SOUND: APPEALS. Any person aggrieved by disapproval of a registration statement may appeal by complying with -5- "the provisions of Section 9.04-150 of this Code relating to appeals. "9.06.190 AMPLIFIED SOUND: FEES. Prior to the issuance of the registration statement, a fee in the amount of $10. 00 per day, or any portion thereof, shall be paid to the city, if the loudspeaker or sound amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment for noncommercial purposes or for those pur- poses for which a business license has been issued. "9.06.200 AMPLIFIED SOUND: REGULATIONS. The commercial and noncommercial use of sound amplifying equipment shall be subject to the following regulations: (1) The only sounds permitted shall be either music or human speech, or both. (2) The operation of sound amplifying equipment shall only occur between the hours of 10:00 a. m. and 10:00 p. m. each day except on Sundays and legal holidays. No operation of sound amplifying equip- ment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound amplifying equipment for noncom- mercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a. m. and 7:00 p. m. (3) Sound level emanating from sound amplifying equipment shall not exceed fifteen (15) decibels above the ambient base noise level. (4) Notwithstanding the provisions of subsection (3) of this sec- tion, sound amplifying equipment shall not be operated within 200 feet of churches, schools, hospitals, or city or county buildings. (5) 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. "9.06.210 GENERAL NOISE REGULATIONS. Notwithstanding any other provision 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 or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitive- ness 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: (1) The level of the noise; (2) The intensity of the noise; (3) Whether the nature of the noise is usual or unusual; (4) Whether the origin of the noise is natural or unnatural; (5) The level and intensity of the background noise, if any; (6) The proximity of the noise to residential sleeping facilities; (7) The nature and zoning of the area within which the noise emanates; M "(8) The density of the inhabitation of the area within which the noise emanates; (9) The time of the day or night the noise occurs; (10) The duration of the noise; (11) Whether the noise is recurrent, intermittent, or constant; and (12) Whether the noise is produced by a commercial or noncom- mercial activity. " SECTION 3. Chapter 12.16 of the "E1 Segundo Municipal Code" is amended to read as follows: "CHAPTER 12.16 ADVERTISING VEHICLES "12.16. 010 OPERATING REGULATIONS: PERMIT. No per- son shall, in any public street within the city operate, drive, park or leave standing any vehicle, or other means of transportation, designed, equipped, developed, furnished, used, or intended to be used, for advertising purposes while the vehicle, or other means of transportation, or its contents or attachments, or equipment, articles or facilities transported by it, is or are being used for advertising purposes, without first obtaining a written permit from the traffic authority of the city so to do, or in any manner contrary to any condition or provision under or pursuant to which the permit may be issued. The traffic authority may, subject to the right of appeal to the city council by any person aggrieved, grant or refuse to grant the permit. Upon appeal of any person aggrieved by any act, order or refusal of the traffic authority, the council shall promptly hear the appeal, and the decision of the city council on the appeal after the hearing shall be final and conclusive. "12. 16.020 PERMIT REQUIRED. No person shall operate or drive any vehicle used for advertising purposes upon any street or alley at any time without first obtaining a permit to do so from the city council. " SECTION 4. Sections 9.04.040, 9. 04. 050, 9.04.060, 9.04.070 and 9. 04.080 of the "E1 Segundo Municipal Code" are repealed. SECTION 5. This ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption thereof. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adop- tion thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly news- paper of general circulation, published and circulated within said City of -7- E1 Segundo, and which is hereby designated for that purpose. PASSED, APPROVED AND ADOPTED this 27th day of December , 1971 . ATTEST: ity Clerk (SEAL) WON 45 s8 L -A STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, , .......Jane D.. Hough .... . . .... . . . City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. . 778. is a full, true and correct original of Ordinance No. ... M...... of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNICIPAL CODE" BY AMENDING SECTION 9. 04. 030; REPEALING SECTIONS 9. 04. 040, 9. 04. 050, 9. 04. 060, 9. 04. 070 AND 9. 04. 080; AND ADDING CHAPTER 9.06 RELATING TO NOISE REGULATIONS; AND AMENDING CHAPTER 12.16 OF SAID CODE RELATING TO ADVERTISING VEHICLES., which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the .27th ... day of .. Der-�ember....... 19. 71....... , and that the same was so passed and adopted by the following vote: AYES: Councilmen .Balmer, McGill: Morgan, Nagel and Mayor Stephens; .. .. .. ..... . NOES: Councilmen . INPpe : ..................................... ABSENT: CPUnc}lrpPLp. lxoped ...... ............................... . I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. . 778.... was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: ..................... ity Clerk.................... of. the City .o El.Segundo,�California (SEAL) By........................ ............ Deputy q5%s;z - o Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) es CITY OF EL SEGUNDO ) Tani. ee... L.... 3�' uCe .......... ............................... ................. being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the ............ Pri nc i , al Clerk Editor of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a, newspaper of general circulation within the meaning of Section 4450 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, -trade, calling, race or denomination, or for any number of such classes, pr ofessions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the ... .............................. d narC TQ......7 (..Q .............. ................................................. .............................. ........... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ...OMC.@......... week 1St.., by -- - -.ane ................... consecutive publication ........, commencing on the ......5 ............... day of ..- T2_I+l z' ............................... A. D.....%2......., and ending on the . .......5....................... day of Tana..r3 .. ............. . . ......... A. D. 19 ......, and as often during said time as said newspaper was regu- larlyissued, to -wit: ..._ .............. Tan .. .. .. .. ..... ua ry . 5 1972 _._ ...................................................... - .........- ...... ............................... t\ .......................... •- -- ................ . ........................ ......................... ...................................................... -.. ............................... ............ ....... Subsciribed d swarn to before me this ......�...�..... day of ...� ...................... ........................ A. D. 19..;1.2— Q�tt.t� /�J�• City clerk of the City of EI Seg do, County of Los Angeles, State of California. By.................... ............................. .. ........ ............................... Deputy City Clerk ad said City.