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HomeMy WebLinkAbout71.92 ORDINANCE NO. 71. 92 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 7-30 OF THE CITY CODE CONCERNING NOISE CONTROL The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Article 7-30 of the City Code is amended in its entirety to read as follows: ARTICLE 7-30 NOISE CONTROL Sections: 7-30.010 Purposes of Article 7-30 020 Definitions 7-30 030 Exemptions 7-30 040 Ambient noise standards 7-30 050 General noise restriction 7-30 060 Specific activities 7-30 070 Authority to require noise study 7-30 080 Exception permits 7-30 090 Violations and enforcement *** $7-30.010 Purposes of Article This Article is adopted for the following purposes: (a) To protect the citizens of the City from excessive, unnecessary, and unreasonable noises from any and all sources in the community subject to regulation and control by the City; (b) To maintain and preserve the quiet residential atmosphere of the City; (c) To implement the goals and policies contained in the Noise Element of the City's General Plan; (d) To establish noise standards for various land uses and activities within the City; (e) To prohibit noise which disturbs the peace and quiet of a neighborhood or causes discomfort or annoyance to persons of normal sensitivities. 1 ~7-30.020 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) ~mhient noise level means the composite of noise from all sources, near and far, constituting the normal or existing level of environmental noise at a given location, excluding the noise source in question. (b) Approving authority means the commission, officer or official of the City having the authority to initially approve or deny a particular type of application. (c) Daytime means the twelve hour period from 7:00 a.m. to 7:00 p.m. (d) Deoibel or dB means a unit of sound of noise level equals to ten times the logarithm, with base ten, of the ratio between the acoustic energy presented at a given location and the lowest amount of acoustic energy audible to sensitive human ears. (e) Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A" weighted network of the sound level meter. (f) Evening means the three hour period from 7:00 p.m. to 10:00 p.m. (g) Nighttime means the nine hour period from 10:00 p.m. to 7:00 a.m. of the following day. (h) Noise level means the maximum continuous sound level or repetitive peak level produced by a noise source or group of sources, as measured with a sound level meter. (i) Property plane means a vertical plane located at and perpendicular to the property line which determines the property boundaries in space of the parcel over or from which the sound in questions is audibly transmitted. (j) Single event noise means noise generated from a single source which is distinguishable from the ambient noise level. (k) Sound level meter means an instrument comprised of a microphone, an amplifier, an output meter and frequency weighing networks, used for measuring sound levels in decibel units. 2 $7-30.030 Exemptions The following sources of noise shall be exempt from the provisions of this Article: (a) Emergencies. Persons and equipment engaged in essential activities necessary to preserve, protect or save lives or property from imminent danger, loss or harm. (b) Alarm systems. Any outside audible alarm system for which a permit has been issued pursuant to Article 6-10 of this Code, and which complies with the requirements set forth in Section 6-10.060 of said Article. $7-30.040 Ambient noise standards (a) Except as otherwise provided in Paragraph (b) of this Section, all proposed uses and developments shall comply with the following ambient noise standards for the various zoning districts and times of day as indicated below. The indoor standards apply to noise produced by exterior noise sources. Land Use Daytime Eveninq Niqhttime Residential Outdoor 60 dBA 50 dBA 45 dBA Indoor 45 dBA 35 dBA 30 dBA Public park Outdoor 60 dBA 50 dBA 45 dBA Indoor 50 dBA 40 dBA 35 dBA Office/Commercial Outdoor 65 dBA 55 dBA 50 dBA Indoor 50 dBA 40 dBA 35 dBA (b) The following land uses are hereby declared to be noise sensitive areas: (1) Nursing, convalescent, and retirement homes; (2) Schools, while in session; (3) Places of worship, while services are being conducted. (4) Libraries, during hours of operation. The ambient noise standards for uses and developments to be located in and of the noise sensitive areas listed above shall be as follows: Daytime Evening Niqhttime Outdoor 50 dBA 45 dBA 45 dBA Indoor 35 dBA 30 dBA 30 dBA $7-30.050 General noise restriction (a) No person shall cause, produce, or allow to be produced, in any residential zoning district, any single event noise more than 6 dBA above the ambient noise level at the location where the single event noise source is measured. (b) No person shall cause, produce or allow to be produced, in any office or district, any single event noise more than 8 dBA above the ambient noise level at the location where the single event noise source is measured. (c) The single event noise level shall be measured with a sound level meter as follows: (1) With respect to noise originating upon a particular site, the measurement can be taken at any point outside of the property plane for that site. (2) With respect to noise originating from a dwelling unit constituting part of a multi-family development, the measurement can be taken at any point beyond the exterior walls of such unit or at any point within the habitable interior of another dwelling unit located on the same site. (3) With respect to any situation not described in Paragraphs (1) or (2) above, the measurement shall be taken at the point where the noise source is located. $7-30.060Exceptions for specific activities Exceptions for specific activities shall be permitted to exceed the standards set forth in Section 7-30,050 under the following conditions: (a) Construction. Construction, alteration or repair activities which are authorized by a valid City permit, or do not require the issuance of a City permit, may be conducted between the hours of 7:30 a.m. and 6:00 p.m. Sunday through Saturday, so long as the noise level at any point 25 ft. from the source of 4 noise, does not exceed 83 dBA. Commercial construction shall be prohibited on Saturday and Sunday unless a permit is granted by the City Council. (b) Garden tools. Powered garden tools except gasoline powered leaf blowers may be utilized between the hours of 8:00 a.m. and 9:00 p.m. on Sundays through Saturdays. Gasoline powered leaf blowers may be utilized between 8:00 a.m. and 5:00 p.m. Monday through Saturday only. No gasoline powered leaf blowers shall be allowed on Sundays. The noise level of all garden tools including gasoline powered leaf blowers shall not exceed 78 dBA at any point 25 ft. from the source of noise. (c) Pool and spa equipment. Pool and spa equipment located within 20 feet of a side property line shall only be operated between the hours of 8:00 a.m. and 10:00 p.m. Noise from such equipment shall not exceed 50 dBA 25 feet from the source of noise. (d) Set-up and cleaning of commercial establishments. Set-up and cleaning activities conducted at restaurants and other commercial establishments located immediately adjacent to a residential area, which generate any noise audible to the occupants of the adjacent residences, including noise generated by the operation of delivery or service vehicles, shall not begin prior to one hour before the normal opening time of the establishment or extend later than one hour after the normal closing time of the establishment, or such other times as may be specified in a use permit, license, or other entitlement granted by the City for such establishment. (e) Live or recorded music. Commercial establishments shall keep all doors and windows closed during nighttime hours when live or recorded music is being played. (f) Animals. Noise caused by animals shall be governed by the provisions of Section 7-20.190 concerning barking dogs and Subsection 15-11.020(h) concerning the keeping of animals as pets. $7-30.70 Exhaust fans. All exhaust fans and mechanical equipment shall be enclosed for the purpose of sound proofing, subject to the Planning Director's review and approval. Exhaust fans lawfully constructed prior to the effective date of this ordinance shall be screened to the satisfaction of the Planning Director no later than two years from the date of notice from the City to the owner. 5 $7-30.080 Authority to require noise study As a condition for the granting of any license, permit or development approval the approving authority may require the preparation of a noise study to determine whether the proposed activity will comply with the noise standards contained in this Article. The cost of such study shall be paid, in advance, by the applicant. If the study predicts that any of the noise standards will be violated the approving authority may require implementation of mitigation measures to reduce the noise impacts, and may further require the conduct of additional studies after the activity is commenced to determine the effectiveness of the mitigation measures. If the violation cannot be prevented or corrected through mitigation measures, the approving authority may deny or revoke the license, permit or development approval. $7-30.090 Exception permits (a) If the applicant demonstrates to the satisfaction of the Planning Director that immediate compliance with the requirements of this Article would be impractical or unreasonable, the Planning Director may issue a permit to allow exception from any or all of the provisions contained in this Article, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be for an initial term as specified by the Planning Director, not to exceed 30 days. Longer term up to 120 days may be granted by the Planning Commission. (b) In determining whether an exception permit should be issued and the nature and scope of any conditions to be imposed, the Planning Director consider the following factors: (1) The level and intensity of the noise; (2) The level and intensity of the background noise, if any; (3) The proximity of the noise to residential areas; (4) The time of day when the noise occurs; (5) The duration of the noise, and whether it is recurrent, intermittent or constant; (6) The nature and zoning of the area within which the noise emanates or to which it is transmitted. $7-30.100 Violations of Artlcle~ enforcement~ penalties (a) The violation of any provision contained in this Article shall constitute an infraction and a public nuisance. (b) It shall be the duty of all policemen, all deputies of the County Sheriff performing police services in the City, all Community Service Officers and the Planning Director to enforce the provisions of this Article. (c) In addition to the penalties for infraction offenses and the procedures for nuisance abatement as set forth in Chapter 3 of this Code, any noise level and its source in violation of any of the provisions of this Article may be summarily abated, which may include, but is not limited to, removal dismantlement and taking into custody the source of such noise, and in this regard, the confiscation of any machine or device used to violate any of the provisions of this Article is hereby authorized to be held for use as evidence in any proceeding that may be brought for such violation. SECTION 2: Section 11-10.060 in Article 11-10 of the City Code is hereby repealed. SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga held on July 3, 1991, by the following vote: AYES: Councilmembers Anderson, Clevenger, Kohler, Monia, and Mayor Stutzman NOES: None ABSENT: None ATTEST: CITY CL~RK ~ '~'he above and foregoing is a true and correct 'copy of Oi'dinal~ce _"7 h'q/- which has been published according to law. eL', 2/2/¢/. 8 Deputy Citv Clerk ~/' / Date :'