ORDINANCE 1242ORDINANCE NO. 1242
AN ORDINANCE OF THE CRY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL
ASSESSMENT EA-370 AMENDING THE NOISE AND VIBRATION
REGULATIONS, CHAPTER 9.06 OF THE EL SEGUNDO MUNICIPAL
CODE PETITIONED BY THE CITY OF EL SEGUNDO.
WHEREAS, the City Council, at their meeting on August 1, 1995, discussed sound amplification
permits, the hours of permitted use, and other matters related to the City's noise regulations;
and
WHEREAS, at that meeting (August 1, 1995), the Council directed staff to revise the current
permit form, and, review the current noise complaints, the City's current noise regulations and
the enforcement procedures, and report back to the Council with findings and
recommendations; and
WHEREAS, the City Council, at their meeting on August 15, 1995, again discussed noise issues
and directed staff to schedule public input for a future City Council meeting, to use the public
input in drafting a proposed ordinance, and to bring the draft ordinance back before the
Council for their review; and
WHEREAS, at the September 5, 1995, City Council meeting, the Council received public input
on the existing noise regulations and was informed that a staff report and draft ordinances
would be prepared for the Commission's review and recommendation; and
WHEREAS, on September 14, 1995, the Planning Commission reviewed and discussed the
current City noise regulations, the existing enforcement procedures of the City's current noise
regulations and the Penal Code, two draft revised ordinances and written comments from one
resident on the existing ordinance; and
WHEREAS, at that same meeting (September 14, 199 S) the Commission recommended that the
City's current noise regulations be revised to include maximum noise levels in dBA's above the
ambient and to use the "reasonable person" standard, based on 12 specific criteria and to
schedule the revised ordinance for a public hearing; and
WHEREAS, at the October 3, 1995, City Council meeting, the Planning Division presented a
report to the Council on the Planning Commission's recommendation to revise the existing
noise ordinance, and the Council directed staff to proceed with the revisions as recommended
by the Planning Commission; and
WHEREAS, on October 26, 1995, the Planning Commission did hold pursuant to law, a duly
advertised public hearing on such matter and notice of the public hearing was given in the
time, form and manner prescribed by law and the Public Hearing was continued to November
16, 1995; and
WHEREAS, on November 16, 1995, the Planning Commission adopted Resolution No. 2370
recommending to the City Council approval of Environmental Assessment EA-370 amending
the Noise and Vibration Regulations, Chapter 9.06 of the El Segundo Municipal Code; and
WHEREAS, on December 19, 1995, the City Council did hold, pursuant to law, a duly advertised
public hearing on revisions to the noise and vibration regulations, and notice was given in the
time, form and manner described by law; and
WHEREAS, at said hearing opportunity was given to all persons present to present testimony
or documentary evidence for or against Environmental Assessment EA -370; and
WHEREAS, the City Council has reviewed Environmental Assessment EA -370 and the
supporting evidence with the authority and criteria contained in the California Environmental
Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the
Implementation of the California Environmental Quality Act (Resolution 3805); and
WHEREAS, at said hearings, the following facts were established:
1. That currently there is no noise problem in the City that cannot be enforced by the
current noise regulations with the modifications proposed by the revisions in this
resolution.
2. That voluntary compliance on noise complaints is received on the first Police response
98% of the time.
3. That the current noise regulations are confusing, lengthy and difficult to interpret and
enforce, and the new provisions are more clear, concise, easy to interpret and provide
warnings and fines for violation.
4. That the proposed revision is consistent with the Noise Element of the City's adopted
General Plan.
S. That there are no environmental impacts associated with the revision since it ensures
that proper regulations are being enforced to protect City residents from excessive
noise levels.
NOW THEREFORE, BE IT ORDAINED that after consideration of the above facts of
Environmental Assessment EA -370, the City Council finds as follows:
ENVIRONMENTAL FINDINGS
1. The proposed project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Sections 15273 (a) for the adoption of new fees, for the
purpose of meeting operating expenses, and 15308 Class 8 for the protection and
enhancement of the environment;
2. That when considering the whole record, there is no evidence that the project will have
the potential for an adverse effect on wildlife resources or the habitat on which the
wildlife depends; and
3. That within ten (10) days following the final adoption by the City Council of the noise
and vibration regulations, the City shall file a De Minimis finding with the Los Angeles
County Recorders Office pursuant to AB 3158 and the California Code of Regulations.
As approved for in AB 3158, the statutory requirements of CEQA will not be met and
no vesting shall occur until this condition is met and the required notices are filed with
the County.
GENERAL PLAN
1. The Noise Element, Objective N1 -3, of the City's adopted 1992 General Plan requires
that, "when necessary, the City revise the existing noise ordinance, to ensure that proper
regulations are being enforced to protect city residents from excessive noise levels from
stationary noise sources."
NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts the City Council
approves Environmental Assessment EA -370 revising the current noise and vibration
regulations, Chapter 9.06 (Ordinances Nos. 958 and 1138) of the El Segundo Municipal Code
as follows:
SECTION 1. The current noise and vibration regulations, Chapter 9.06 (Ordinances Nos. 958
and 1138) of the El Segundo Municipal Code, is repealed in its entirety and replaced by Exlubit
A. attached hereto as a part of this ordinance.
SECTION 2. This ordinance shall become effective at midnight on the thirtieth (30) day from
and after the final passage and adoption hereof.
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 note
of the passage and adoption thereof in the records of the meeting at which the same is passed
and adopted; and shall within 15 days after the passage or adoption thereof cause the same
to be published or posted in accordance with the law.
PASSED, APPROVED AND ADOPTED this 16 th day of Jan„ a ff 1996.
A
.
7,2 4Z
Yndy Mor s n
ity Clerk (SEAL)
APPROYM AS TO FORn --
�l
City Attorney
Carl JacobsA, Mayor
City of El Segundo, California
EA- S70.ord
EXHIBIT A TO ORDINANCE 12V,^4
Chapter 9.06 NOISE AND VIBRATION REGULATIONS
Sections:
9.06.010
DECLARATION OF POLICY.
9.06.015
VIOLATION - PENALTY - INFRACTION.
9.06.020
VIOLATION - PUBLIC NUISANCE.
9.06.025
DEFINITIONS.
9.06.030
SOUND LEVEL MEASUREMENT CRITERIA.
9.06.040
NOISE STANDARDS.
9.06.050
NOISE LEVEL MEASUREMENT.
9.06.060
LOUD, UNUSUAL AND UNNECESSARY NOISE.
9.06.065
STANDARDS - CRITERIA.
9.06.070
SPECIFIC PROHIBITIONS.
9.06.075
VIBRATIONS.
9.06.080
EXEMPTIONS.
9.06.090
PERMITS .
9.06.100
ENFORCEMENT.
9.06.110
IMMEDIATE THREATS TO HEALTH AND WELFARE.
9.06.120
USE OF POLICEMEN AT PARTIES OR GATHERINGS REQUIRING A
SECOND RESPONSE.
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 police 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 as well as an infraction and shall be punishable
as such.
9.06.015 VIOLATION - PENALTY - INFRACTION.
Any person convicted of an infraction for a violation of this
chapter is punishable by a fine of one hundred dollars per violation.
Each such person shall be guilty of a separate offense if after
receiving a written warning or infraction citation, the person commits
or continues to commit a violation of this chapter.
If a person is found to be in violation of this chapter, the Noise
Control Officer shall issue a written warning of the violation. If the
person continues to be in violation of this chapter, the Noise Control
Officer shall issue an infraction citation. Every violation within a
30 -day period after the first written warning is issued shall be
considered an infraction.
9.06.020 VIOLATION - PUBLIC NUISANCE.
Notwithstanding the provisions of Section 9.06.015 of this Code,
as an additional remedy, any violation of the provisions of this
Chapter, which causes discomfort or annoyance to reasonable persons of
normal sensitivity 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 in the
manner provided in Chapter 9.04 of the ESMC.
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
9.06.025 DEFINITIONS.
As used in this Chapter, unless the context clearly indicates
otherwise 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, grading,
demolition, assembly, erection, repair, alteration, or similar action,
for or of public or private rights -of -way, structures, utilities or
similar property.
(4) "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 pressure, which is
20 micro - pascals.
(5) "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 conditions in the
community or for the citizenry, or work by private or public utilities
when restoring utility service.
(6) "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.
(7) "Impulsive noise" means a noise of short duration usually
less than one second and of high intensity, with an abrupt onset and
end.
(8) "Intrusive noise level" means the total sound level, 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.
(9) "Noise" means any sound which annoys or disturbs humans of
normal sensitivity or which causes or tends to cause an adverse
psychological or physiological effect on humans of normal sensitivity.
(10) "Noise control officer" means the Director of Planning and
Building Safety.
(11) "Residential property" means a parcel of real property which
is developed and used either in part or in whole for residential
purposes.
(12) "Sound amplification equipment" means any device which
produces, reproduces, or amplifies sound.
(13) "Sound level meter" means an instrument meeting American
National Standard Institute's Standard S1 -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 equipment which
will provide equivalent data.
(14) "Vibration" means mechanical motion of the earth or ground,
building or other type of structure, induced by the operation of any
mechanical device or equipment.
9.06.030 SOUND LEVEL MEASUREMENT CRITERIA.
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
Any sound level measurement made pursuant to the provisions of
this Chapter shall be measured with a sound level meter using the "A"
weighted scale at slow response for continuous sound levels or at fast
response for impulsive sounds.
9.06.040 NOISE STANDARDS.
(1) No person shall, at any location within the City, create any
noise, nor shall any person allow the creation of any noise within the
person's control on public or private property (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.
(a) Residential Property - Five (5) dBA above the ambient
noise level.
(b) Commercial and Industrial Property - Eight (8) dBA tae
the ambient noise level.
(c) Adjustments
1. Increases to the noise standards as set forth in
subsections (a) and (b) of this section may be permitted in
accordance with the following:
NOISE STANDARDS ADJUSTMENTS
Permitted Duration of
Increase Increase
(dBA) (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.
9.06.050 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 feet from the wall, ceiling or floor nearest the noise
source with windows and doors in a closed position.
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
9.06.060 LOUD, UNUSUAL AND UNNECESSARY NOISES PROHIBITED.
Consistent with other provisions of this chapter, and in
addition thereto, it shall be unlawful for any person to wilfully
make, produce, suffer or allow to be produced by human voice,
machine, animal, or device, or any combination of same, any loud,
unusual, or unnecessary noise which disturbs the peace, quiet, and
comfort of any neighborhood, or which causes discomfort or
annoyance to any reasonable person of normal sensitivity in the
area.
9.06.065 STANDARDS - CRITERIA
The standards which shall be considered in determining whether
a violation of the provisions of Section 9.06.060 exists shall
include, but shall not be limited to the following criteria:
(1) The frequency of the noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual;
(4) The ambient noise level;
(5) The proximity of the noise to residential sleeping
facilities;
(6) The nature and zoning of the area within which the noise
emanates;
(7) The density of the inhabitation of the area within which
the noise emanates;
(8) The time of the day or night the noise occurs;
(9) The duration of the noise;
(10) Whether the noise is recurrent, intermittent or constant;
and
(11) Whether the noise is produced by a commercial or non-
commercial activity.
9.06.070 SPECIFIC PROHIBITIONS.
The following acts, and the causing thereof, are declared to
be in violation of this Chapter if they occur in such a manner as
to disturb the peace, quiet and comfort of any reasonable person of
normal sensitivity residing in the area; and occur
(1) Between the hours of 10:00 p.m. and 7:00 a.m.
(a) 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.
(b) Using or operating any loudspeaker, public address
system or similar device.
(c) Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage
cans, or similar objects.
(d) Repairing, building, rebuilding, adjusting or
testing any motor vehicle.
(2) Between the hours of 8:00 p.m. and 7:00 a.m.
(a) Refuse Collection Vehicles.
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
1. Collection of refuse with a collection vehicle in
a residential area or within 500 feet thereof;
2. Operation or permitting the operation of the
compacting mechanism of any motor vehicle which compacts
refuse in a residential area or within 500 feet thereof.
(b) Loudspeakers /Public Address Systems
Using or operating for any commercial purpose any
loudspeaker, public address system, or similar device on
a public right -of -way or public space.
(c) Powered Models
Operating or permitting the operation of powered
models.
9.06.075 VIBRATION.
Notwithstanding other sections of this Chapter, a person shall
not create, maintain or cause any ground vibration which is
perceptible, without the use of instruments, to any reasonable
person of normal sensitivity at any point on any affected property.
9.06.080 EXEMPTIONS.
The following activities shall be exempted from the provisions
of this chapter:
(1) Authorized activities conducted on public school grounds
and city park facilities, associated with normal operation of the
facilities, including but not limited to school and public athletic
and 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 of its activation.
(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, repair, or remodeling of any real property, provided
said activities do not take place between the hours of 6:00 p.m.
and 7:00 a.m. Monday through 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.
(1) The noise control officer may grant amplified sound or
noise permits to applicants who cannot comply with the requirements
of this chapter if the applicant can show that compliance with
this chapter would constitute an unreasonable hardship on the
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
applicant, on the community as a whole, or on other individuals, or
that compliance would be impractical. If the noise control officer
determines that sufficient controversy may exist regarding an
application, the application shall be referred to the City Council.
A permit shall not be granted to waive compliance with Sections
9.06.015 or 9.06.020.
(2) In determining whether to grant or deny the application,
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. 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 which shall include a statement of the reason for the
decision.
(3) Permits shall be granted by written 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. The permit shall not
become effective until the applicant agrees to all conditions. In
the case of noncompliance with any condition imposed, the permit
shall immediately terminate, and the noise source shall be subject
to the provisions of this Chapter.
(4) Application for extension of time limits specified in
subsection (3) of this section or for modification of other
substantial conditions shall be treated as an initial application
for a permit.
(5) The noise control officer may issue guidelines defining
the procedures to be followed in applying for a permit.
(6) Unless otherwise specifically exempted by this Chapter,
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.
(7) An appeal of the decision of the noise control officer
with respect to any amplified sound or noise permit may be made to
the City Council in writing within ten days after the action of the
noise control officer has been communicated to the applicant.
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
9.06.100 ENFORCEMENT.
(1) The noise control officer is directed to enforce the
provisions of this chapter. During times the noise control officer
is not on duty, enforcement shall be the responsibility of the
chief of police.
(2) 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.
(1) The noise control officer may 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 may apply to the appropriate court
for an injunction to replace the order.
(2) 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:
(a) Trespass;
(b) Invitation upon private property by the person
causing or permitting the sound; or
(c) Employment by the person or a contractor of the
person causing or permitting the sound.
(3) Any person subject to an order issued by the noise
control officer pursuant to this section shall comply with such
order until:
(a) The sound is brought into a compliance with the
order, as determined by the noise control officer; or
(b) A judicial order has superseded the noise control
officer order.
(4 ) The sound levels which pose an immediate threat to health
and welfare are:
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
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
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
9.06.120 USE OF POLICEMEN AT PARTIES OR GATHERINGS REQUIRING A
SECOND RESPONSE.
When a party or gathering occurs at a premises and a police
officer at the scene determines that there is a threat to the
public peace, health, safety or general welfare, the person in
charge of the premises and the person responsible for the event, or
if either of those persons is a minor, then the parents or
guardians of that minor, will be held jointly and severally liable
for the cost of providing police personnel on special security
assignment over and above the services normally provided by the
department. The police personnel utilized during a second response
after a first warning, to control the threat to the public peace,
health, safety or general welfare, shall be deemed to be on special
security assignment over and above the services normally provided.
The costs of such special security assignment may include minor
damages to city property and /or injuries to city personnel. The fee
charged shall be fixed and established from time to time by
resolution of the City Council and shall include a minimum charge.
These costs are in addition to any penalties or other remedies set
forth in this Chapter and the City reserves its legal options to
elect any other legal remedies when said costs or damage exceed the
amount fixed and established.
title9cc.exh
(January 16, 1996)
Exhibit "A" of City Council Ordinance Number 1242.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, 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 1242 is a full, true correct original
of ORDINANCE NO 1242 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE Cf IY OF EL SEGUNDO, CALIFORNIA,
APPROVING ENVIRONMENTAL ASSESSMENT EA-370 AMENDING
THE NOISE AND VIBRATION REGULATIONS] CHAPTER 9.06 OF THE
EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL
SEGUNDO
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 16TH DAY OF JANUARY, 1996, and the
same was so passed and adopted by the following vote:
AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman
Switz, Councilman Robbins, and Councilwoman
Friedkin.
NOES: None
ABSENT: None
NOT PARTICIPATING: None
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. 1242,
was posted and /or published in the manner prescribed by law.
C L
CINDY VORTESEN
City Clerk of the
City of El Segundo, California