ORDINANCE 958,
J i t H
ORDINANCE NO. 958
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING CHAPTER 9.06 OF THE
"EL SEGUNDO MUNICIPAL CODE" WHICH SAID
CHAPTER RELATES TO NOISE AND VIBRATION
REGULATIONS.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.06 of the E1 Segundo Municipal Code
is amended to read as follows:
CHAPTER 9.06
NOISE AND VIBRATION REGULATIONS
9.06.010 DECLARATION OF POLICY. It is hereby declared to
be the policy of the City to prohibit unnecessary, excessive and
annoying noises and vibrations from all sources subject to its po-
lice power. Therefore, the City Council does ordain and declare
that creating, maintaining, causing or allowing to be created,
caused or maintained, any noise or vibration in a manner prohibited
by or not in conformity with the provisions of this chapter, is a
public nuisance and shall be punishable as such.
9.06.020 DEFINITIONS. As used in this chapter, unless
the context otherwise clearly indicates, the words and phrases used
are defined as follows:
(1) Ambient Noise Level means the all- encompassing noise
level associated with a given environment, being a composite of
sounds from all sources at the location and approximate time at
which a comparison with an intrusive noise is to be made.
(2) "A" Weighted Sound Level means 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 at slow response. The unit of measurement shall be
defined as dBA.
(3) Construction means any site preparation, assembly,
erection, substantial repair, alteration, or similar action, but
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excluding demolition, for or of public or private rights -of -way,
structures, utilities or similar property.
(4) Cumulative Period shall mean an additive period of
time composed of individual time segments which may be continuous
or interrupted.
(5) Decibel (dB) means a unit for measuring the amplitude
of a sound, equal to 20 times the logarithm to the base 10 of the
ratio of the pressure of the sound measured to the reference pres-
sure, which is 20 micro - pascals.
(6) Demolition means any dismantling, intentional destruc-
tion or removal of structures, utilities, public or private right -
of -way surfaces, or similar property.
(7) Emergency means any occurrence or set of circumstan-
ces involving actual or imminent injury to person or property dam-
age which demands immediate attention.
(8) Emergency Machinery, Vehicle, Work or Alarm means
any machinery, vehicle, work or alarm used, employed, performed or
operated in an effort to protect, provide or restore safe condi-
tions in the community or for the citizenry, or work by private or
public utilities when restoring utility service.
(9) Fixed Noise Source means a stationary device which
creates sounds while fixed or motionless including but not limited
to residential, agricultural, industrial and commercial machinery
and equipment, pumps, fans, compressors, air conditioners and
refrigeration equipment.
(10) Grading means 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.
(11) Impulsive Noise means a noise of short duration usu-
ally less than one second and of high intensity, with an abrupt on-
set and rapid decay.
(12) Intrusive Noise Level means the total sound level,
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,
in decibels (dBA), created, caused, maintained or originating from
an alleged offensive source measured at a specific location while
the alleged offensive source is in operation.
(13) Mobile Noise Source means any noise source other
than a fixed noise source.
(14) Noise means any sound which annoys or disturbs hu-
mans or which causes or tends to cause an adverse psychological or
physiological effect on humans.
(15) Noise Control Officer means the Director of Building
Safety.
(16) Residential Property means a parcel of real property
which is developed and used either in part or in whole for residen-
tial purposes, other than transient uses such as hotels and motels.
(17) Sound Amplification Equipment means any device which
produces, reproduces, or amplifies sound.
(18) Sound Level Meter means an instrument meeting
American National Standard Institute's Standard 51.4 -1971 or most
recent revision thereof for Type 1 or Type 2 sound level meters or
an instrument and the associated recording and analyzing equip-
ment which will provide equivalent data.
(19) Sound Pressure Level of a sound, in decibels, means
20 times the logarithm to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micro -
pascals.
(20) Sound Truck means any motor vehicle, or any other
vehicle regardless of motive power, whether in motion or station-
ary, having mounted thereon, or attached thereto, any sound ampli-
fication equipment except not to include a car radio or tape
player when used and heard only by the occupants of the vehicle in
which it is installed.
(21) Vibration means mechanical motion of the earth or
ground, building, or other type of structure induced by the
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operation of any mechanical device or equipment.
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
scale at slow response or at fast response for impulsive sounds.
9.06.040 EXTERIOR NOISE STANDARDS. (a) No person shall,
at any location within the City, create any noise, nor shall any
person allow the creation of any noise on property owned, leased,
occupied or otherwise controlled by such person (hereinafter "Noise
Source "), which causes the noise level when measured on any other
property (hereinafter "Receptor Property "), to exceed the applicable
noise standard except as set forth in subsection (c) (1) of this
section.
(b) NOISE STANDARDS. The noise standards shall be the
ambient noise level or the following noise standard, whichever is
greater:
zone Classification
Of Receptor Property
Residential
R1, R2, R3, PRO, or OS
Commercial
C -RS, C2, C3, P or PF
Manufacturing, M1 or C -M
Manufacturing, M2
NOISE STANDARDS
Time Interval
10
pm to 7
am
7
pm to 10
pm
7
am to 7
pm
10
pm to 7
am
7
am to 10
pm
anytime
anytime
Allowable Noise
Level dBA
45
50
55
55
60
65
70
(c) ADJUSTMENTS:
(1) Increases to the noise standards as set forth in
subsection (b) of this section may be permitted in accordance
with the following:
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NOISE STANDARDS
ADJUSTMENTS
Permitted
Increase
(dBA)
Duration of
Increase
(minutes)*
0
30
5
15
10
5
15
1
20
less than 1
*Cumulative minutes
during any one
hour.
(2) If the receptor property is located on a boundary
between two different noise zones, the lower noise level standard
applicable to the quieter zone shall apply.
(3) If the noise source is continuous and cannot reason-
ably be discontinued or stopped for a time period whereby the ambi-
ent noise level can be determined, the measured noise level obtained
while the source is in operation shall be compared directly to
the allowable noise level standards as specified respective to the
receptor property's designated land use and for the time of day the
noise level is measured.
9.06.050 INTERIOR NOISE STANDARDS. (a) No person shall,
at any location within the City, create any noise nor shall any
person allow the creation of any noise on property owned, leased,
occupied or otherwise controlled by such person which causes the
noise level when measured within any receptor dwelling unit to
exceed:
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(b) ADJUSTMENTS:
(1) In the event the ambient noise level exceeds the
noise standards set forth in subsection (a) of this section, the
levels in the allowable column shall be increased to reflect said
ambient noise level.
(2) If the noise source is continuous and cannot reason-
ably be discontinued or stopped for a time period whereby the ambi-
ent noise level can be determined, the measured noise level obtained
while the source is in operation shall be compared directly to the
allowable noise level standards as specified respective to the
receptor property's designated land use and for the time of day the
noise level is measured.
9.06.060 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 measure-
ments shall be made within the receptor residential unit. The
measurements shall be made at a point at least four feet from the
wall, ceiling or floor nearest the noise source with windows and
doors in a closed position.
9.06.070 SPECIFIC PROHIBITIONS. The following acts, and
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INTERIOR
NOISE STANDARDS
Allowable
Time*
45 dBA
anytime
+5 dBA
1 minute
+10 dBA
less than 1 minute
*Cumulative minutes
during any one
hour.
(b) ADJUSTMENTS:
(1) In the event the ambient noise level exceeds the
noise standards set forth in subsection (a) of this section, the
levels in the allowable column shall be increased to reflect said
ambient noise level.
(2) If the noise source is continuous and cannot reason-
ably be discontinued or stopped for a time period whereby the ambi-
ent noise level can be determined, the measured noise level obtained
while the source is in operation shall be compared directly to the
allowable noise level standards as specified respective to the
receptor property's designated land use and for the time of day the
noise level is measured.
9.06.060 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 measure-
ments shall be made within the receptor residential unit. The
measurements shall be made at a point at least four feet from the
wall, ceiling or floor nearest the noise source with windows and
doors in a closed position.
9.06.070 SPECIFIC PROHIBITIONS. The following acts, and
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the causing thereof, are declared to be in violation of this chap-
ter:
(1) Radios, Television Sets Musical Instruments Sound
Reproducing Equipment 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 disturb the peace, quiet and comfort of any reasonable
person of normal sensibilities residing in the area.
(2) Loudspeakers /Public Address Systems. A. Using or
operating for any noncommercial 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, in a manner as to cause discom-
fort or annoyance to any reasonable person of normal sensibilities
residing in the area.
B. Using or operating for any commercial purpose any
loudspeaker, public address system, or similar device in a manner
that the sound therefrom creates a noise in excess of the noise
standards in any residential area between the hours of 8:00 p.m.
and 7 :00 a.m. the following day on a public right -of -way or public
space.
(3) Loading and Unloading. Loading, unloading, opening,
closing or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects between the hours of
10:00 p.m. and 7:00 a.m. the following day in such a manner as to
cause a noise in excess of the noise standards in any residential
area.
(4) Vehicle Repairs. Repairing, rebuilding, adjusting
or testing any motor vehicle between the hours of 10:00 p.m. and
7:00 a.m. the following day in such a manner as to cause discom-
fort or annoyance to any reasonable person of normal sensibilities
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residing in the area.
(5) Powered Models. Operating or permitting the opera-
tion of powered models between the hours of 8:00 p.m. and 7:00 a.m.
the following day in such a manner as to cause discomfort and an-
noyance to any reasonable person of normal sensibilities residing
in the area.
(6) Refuse Collection Vehicles. A person shall not:
A. On or after July 1, 1980, operate or permit the
operation in a residential area of the compacting mechanism of any
motor vehicle which compacts refuse and which creates, during the
compacting cycle, a sound level in excess of 75 dBA when measured
at twenty -five feet from any point on the vehicle and five feet
above ground level;
B. Operate or permit the operation of the compacting
mechanism of any motor vehicle which compacts refuse, between the
hours of 8:00 p.m. and 7:00 a.m. the following day in a residen-
tial area or within 500 feet thereof;
C. Collect refuse with a collection vehicle between the
hours of 8:00 p.m. and 7:00 a.m. the following day in a residential
area or within 500 feet thereof;
(7) Animals and Fowl. No person shall keep or maintain,
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 annoy-
ance or discomfort to any reasonable person of normal sensibilities
residing in the area.
(8) Vibration. Notwithstanding other sections of this
chapter, a person shall not create, maintain or cause any ground
vibration which is perceptable without instruments to any reason-
able person of normal sensibilities at any point on any affected
property in the vicinity of the property on which the vibration
source is located.
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(9) General Noise Regulations. Notwithstanding other
sections of this chapter, and in addition thereto, it shall be un-
lawful 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
sensibilities residing in the area.
(10) Injunctions. Notwithstanding the provisions of
Section 1.12.010 of this Code, as an additional remedy, any viola-
tion of the provisions of this chapter, which operation or main-
tenance causes discomfort or annoyance to reasonable persons of
normal sensibilities 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 abate-
ment summarily in the manner provided by law.
9.06.080 EXEMPTIONS. The following activities shall be
exempted from the provisions of this chapter:
(1) Activities conducted on public school grounds includ-
ing but not limited to school athletic and school entertainment
events.
(2) Any mechanical or electronic 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 fifteen minutes in any hour of its being activated.
(3) Non - commercial public speaking and public assembly
activities conducted on any public space or public right -of -way
without the use of sound amplification equipment.
(4) Noise sources associated with or vibration created
by construction, demolition, repair, remodeling or grading of any
real property or during authorized seismic surveys, provided said
activities do not take place between the hours of 6:00 p.m. and
M.Z.
:,1S1
7:00 a.m. the following day on weekdays, including Saturday, or at
any time on Sunday or a Federal holiday, and provided the noise
level created by such activities does not exceed the noise standard
of 65 dBA plus the limits specified in Section 9.06.040 (c) as
measured on the receptor residential property line and provided any
vibration created does not endanger the public health, welfare and
safety.
(5) 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.
(6) 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.
9.06.090 PERMITS AND VARIANCES. (a) The noise control
officer shall have the authority, as specified in this section, to
grant permits which may be requested.
(b) Any person seeking a permit pursuant to this section
shall file an application with the noise control officer. The ap-
plication shall contain information which demonstrates that bring-
ing the source of sound or activity for which the permit is sought
into compliance with this chapter would constitute an unreasonable
hardship on the applicant, on the community as a whole, or on other
individuals. If the noise control officer determines that suffi-
cient controversy may exist regarding an application, the applica-
tion shall be referred to the City Council.
(c) In determining whether to grant or deny the appli-
cation, the noise control officer shall balance the hardship to the
applicant, the community as a whole, and other individuals, of not
granting the permit against the adverse impact on the health, safety,
and welfare of persons affected; the adverse impact on property
affected; and any other adverse impacts of granting the permit.
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Applicants for permits may be required to submit any information
the noise control officer may reasonably require. The noise control
officer shall retain on public file a copy of the decision and the
reasoning used in arriving at the decision.
(d) Permits shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on the
permitted activity. The time limit shall be for a maximum time
period not to exceed one year in any case. The permit shall not
become effective until all conditions are agreed to by the applicant.
In the case of noncompliance with any condition imposed, the permit
immediately shall terminate, and the noise source shall be subject
to the provisions of this chapter.
(e) Application for extension of time limits specified
in subsection (d) of this section or for modification of other
substantial conditions shall be treated as an initial application
for permit.
(f) The noise control officer may issue guidelines de-
fining the procedures to be followed in applying for a permit.
(g) Unless otherwise specifically exempted by this chap-
ter, permits shall be required for all exterior activities which
utilize amplified sound; such as, but not limited to, outdoor
gatherings, dances, shows, performances or carnivals.
(h) A variance for time to comply with the provisions
of this chapter shall be processed as indicated in subsections (b)
through (f) of this section.
(i) An appeal of the decision of the noise control of-
ficer with respect to any permit or variance for time to comply
with this chapter may be made to the City Council in writing with-
in ten days after the action of the noise control officer has been
communicated to the applicant.
(j) It shall be the responsibility of the noise control
officer to insure compliance with the terms of the permit. During
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times the noise control officer is not on duty, permit monitoring
shall be the responsibility of the Chief of Police. The noise
control officer shall coordinate the enforcement with the Police
Department.
9.06.100 ENFORCEMENT. (a) The noise control officer is
directed to enforce the provisions of this chapter.
(b) No person shall interfere with, oppose or resist any
authorized person charged with the enforcement of this chapter while
such person is engaged in the performance of his duty.
9.06.110 IMMEDIATE THREATS TO HEALTH AND WELFARE. (a)
The noise control officer shall order an immediate halt to any
sound which exposes any person to continuous sound levels in excess
of those shown in Table A or impulsive sounds in excess of Table B.
Within two working days following issuance of such an order, the
noise control officer shall apply to the appropriate court for an
injunction to replace the order.
(b) No order pursuant to Section 9.06.110 (a) shall be
issued if the only persons exposed to sound levels in excess of
those listed in Tables A and B of this section 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 permitting the
sound.
(c) Any person subject to
section shall comply with such order
into a compliance with the order, as
officer; or (2) a judicial order has
officer order.
(d) The sound levels whicl
health and welfare are:
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an order pursuant to this
until: (1) the sound is brought
determined by the noise control
superseded the noise control
pose an immediate threat to
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TABLE A
CONTINUOUS SOUND LEVELS
(measured at 50 feet or 15 meters)
Sound Level Limit (dBA) Duration
90 8 hours
95 4 hours
100 2 hours
105 1 hour
110 30 minutes
TABLE B
IMPULSIVE SOUND LEVELS
(measured at 50 feet or 15 meters)
Number of Repetitions
Sound Level Limit (dB) Per 24 Hour Period
145 1
135 10
125 100
SECTION 2. This ordinance shall become effective at mid-
night on the thirtieth day from and after the date of the final
passage and adoption thereof.
SECTION 3. 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 mi-
nute of the passage and adoption 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 E1 Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this 18th day of
July . 1978.
ATTEST:
city Clerk
(SEAL)
/" a /;� 1
May of the City of E 1 Segundo,
California
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vI`..5
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, )
CITY OF EL SEGUNDO,
i e VALERIE A. By"CiWES o, City Cleric of the City of El Segundo,
Co!'fo?nia, do hereby certify That the whole nambe- of membe -s of the Cty Ccuncll
of the so'd City is 4.e; +hat the foregoirg o ^dinance, being O•dirance No ,M5 ...
is a fud, true and corect o- ?ginal of O-dironce No.. 958 „o o. of the said Cey of El
Segundo, Cai'dcmia, e�fided-
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING CHAPTER 9.06 OF THE
"EL SEGUNDO MUNICIPAL CODE" WHICH SAID
CHAPTER RELATES TO NOISE AND VIBRATION
REGULATIONS,
which was duly passed and adopted by the said City Council, approved and s'gned
by the Moyo- of so,d City, and attested by the City Clerk of said City, uii at a reguia-
meeting of the sold Council held on the— Jfltha,,day of.,-4,41y .......... f90 78 _
and tho, the some was so passed and adopted by the foliowing vote;
AYESD Councilmen, Bue, Nagelt VanVraken and Mayor Balmer
NOES Cconciltaer_vPnF$gq_,,,,,,,
ABSENT ......,, None
i do hereby further certify that pursuant to the provisions of Section 36933 of the
Gove,nment Code of the Stole of Califorria, +hat the foregoing Ordinance No. e956a, a,
was duly and regularly published acco °ding to law apd the order of the City Council
of said City ir. the El Segundo Hera!d, a weekly newspaper of gerarai c :- culation,
ptinted, published and circulated wlthin the said City ord that the some was so pub-
liseed therein on the followlrg date, to wit-
(SEAL)
City Clerk of the City of El Segundo, California,
By�-,,. eoao��oeaooe ,00.soo�e.oa°eoo°e000,e
Deputy