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HomeMy WebLinkAboutOrdinance 448 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 448, adopted by the Atascadero City Council at a regular meeting thereof held on May 11, 2004, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero,California ORDINANCE NO. 448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE TO INCLUDE SUBSECTIONS (c), 0), (k), AND (1) IN TITLE NINE CHAPTER FOURTEEN SECTION THREE, PERTAINING TO NOISE STANDARDS The City Council hereby finds and declares as follows: WHEREAS, In 1983 the City Council of the City of Atascadero adopted certain noise regulations and exceptions and placed them in Title 9 Chapter 4 of the Atascadero Municipal Code; and, WHEREAS, In 1992 the City Council of the City of Atascadero adopted Article 9 Chapter 14 of the Atascadero Municipal Code entitled noise, which Chapter contained new regulations and new exemptions from the noise ordinance; and, WHEREAS, the adoption of Article 9 Chapter 14 did not expressly repeal the noise regulations and exceptions contained in Article 9 Chapter 4, and this has led to confusion in the application of the exceptions to the noise ordinance contained in Chapter 4 and the regulations of noise contained in Chapter 14; and, WHEREAS, now the City Council wishes to repeal the less stringent noise standards, established in 1983 to make it clear that the 1992 standards apply, and to make it clear that the noise standard exceptions from 1983 were not intended to be repealed and therefore they will be renumbered into Chapter 14 to avoid confusion; and, WHEREAS, the City Council has determined that additional regulations are necessary in order to further reduce the harmful effects of noise on the community and its citizens; and, WHEREAS, the City Council has determined that the cost of addressing noise disturbances resulting from violations of State law and/or the Atascadero Municipal Code ought to be borne by those creating and/or allowing the illegal noise disturbances; and WHEREAS, the City Council has determined that the code forbidding construction activity prior to seven a.m. unreasonably interferes with special construction activities, such as pouring cement which during the hot summer months may not otherwise take place without endangering workers and reducing the quality of construction work; and, WHEREAS, the City Council has determined that this ordinance will not lead to any significant environmental effects and is therefore exempt under CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: City of Atascadero Ordinance No.448 Page 2 of 5 SECTION 1: Section 9-14.03 of the Atascadero Municipal Code is amended to read as follows: 9-14.03 Noise source exemptions. The following activities shall be exempt from the provisions of this chapter: (a) City or school sanctioned activities conducted in public parks, public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events; (b) Any mechanical device, apparatus or equipment used related to or connected with emergency activities or emergency work; (c) Noise sources associated with construction, provided such activities do not take place before seven a.m. or after nine p.m.; (1) An exception for special construction activities may be granted, in advance, at the discretion of the Community Development Director when heat and/or other weather factors justify an exception. Any exception granted may specify conditions and limits. It shall be unlawful to violate any such conditions or limits imposed as part of a grant of exemption. (d) Noise sources associated with the maintenance of residential property provided such activities take place between the hours of seven a.m. and nine p.m.; (e)Noise sources associated with agricultural activities on agricultural property; (f) Noise sources associated with a lawful commercial or industrial activity caused by mechanical devices or equipment, including air conditioning or refrigeration systems, installed prior to the effective date of the ordinance codified in this chapter; provided that this exemption shall expire one (1) year after the effective date of the ordinance codified in this chapter; after which time notice and nuisance abatement proceedings shall be initiated, (g) Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities; (h) Noise sources associated with the collection of waste or garbage from property devoted to commercial or industrial uses; (i) Any activity to the extent regulation thereof has been preempted by state or federal law; 0) Safety signals, warning devices, and emergency pressure relief valves; (k) Moving sources such as tractors, automobiles, trucks, airplanes, railroads, and boats, except where such moving sources are operated as part of sporting or entertainment events; (1) Agricultural equipment including but not limited to, wind machines, water well pumps and pest repelling devices. (m) Incidental commercial parking lot noise generated by customers. SECTION 2. Section 9-4.163 is repealed in its entirety. SECTION 3. Article 9 Chapter 14 is amended to add Section 9-14.13 Amplified Sound. Sec. 9-14.13 Amplified sound. (a) It shall be unlawful for any person other than authorized personnel of law enforcement or government agencies, to install, use, or operate within the City any voice amplification device or sound amplifying equipment, including but not City of Atascadero Ordinance No.448 Page 3 of 5 limited to those attached to or housed within any vehicle, boat or aircraft, including sound trucks for the purposes of giving instructions, directions, addresses, lectures or transmitting music to any persons or assemblies in or upon any street, alley, sidewalk, park or public property or any open space generally available to the public, without prior approval through an administrative use permit granted by the City. (b) Under such a permit, the commercial and noncommercial use of sound amplifying equipment shall be subject to the following limitations: (1) Only music, human speech or a combination of the same shall be permitted. (2) The operation of sound amplifying equipment, including outdoor paging systems, for commercial purposes shall be limited to no greater than the hours of 8:00 a.m. to 7:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays and holidays. (3) Sound amplifying equipment shall not be operated within two hundred (200) feet of any church, school, or hospital while any of these facilities are in operation. (4) In all events, the volume of sound and the hours of operation shall be so controlled that the sound will not be unreasonably loud, raucous, jarring, disturbing or a nuisance as defined by the Atascadero Municipal Code. (5) Such conditions as are imposed on time of usage, level of volume, and quantity of equipment in the permit approval because of location of the usage. SECTION 4. Section 9-14.14 is added to the Atascadero Municipal Code to read as follows: 9-14.14 Cost Recovery for Responses to Disturbances. (a) Definition. The definitions in this section apply to the following terms as used in this part: (1) "Disturbance" shall include conduct creating any disturbing or loud noise, including but not limited to violations of section 9-6.106 of the Atascadero Municipal Code. (2) "Response shall mean the arrival of a police officer at the scene of a disturbance to render whatever service is reasonably required in order to stop a disturbance. (3) "Responsible party" is any person who owns, leases or is lawfully in charge of the property where the disturbance takes place, or any person City of Atascadero Ordinance No.448 Page 4 of 5 who organizes, controls or participates in a disturbance. If the responsible person is a minor, then the parent or guardian who has physical custody of the child at the time of the disturbance shall be the responsible person who is liable. (b) Responses to disturbances. (1) No responsible party shall cause, permit or tolerate a disturbance. (2) Whenever a police officer at the scene warns any responsible party present to discontinue the disturbance, the responsible party shall be liable for the actual cost of each subsequent response required for a disturbance within twelve hours of the first response. (3) At the first response, the responding police officer shall give an oral and/or written warning to one or more of the responsible parties present that the disturbance must cease immediately, and that if a second or subsequent response to the disturbance is required within twelve hours following such notice, a response fee shall be charged to any responsible party for all responses after the first response. (4) All responsible parties shall be jointly and severally liable for the response charge regardless of whether or not a responsible party received an oral or written warning pursuant to Section 9-14.14 (b)(c). (c) Charging for responses. (1) The response charge shall be the actual cost of police services including, but not limited to, personnel and equipment, incurred for each subsequent response within the twelve-hour period following the first response. (2) The bill or charges shall be served by the Chief of Police upon the responsible party within thirty days after the last response to a disturbance. (3) The total amount of the response charge shall be deemed to be a civil debt to the city and the director of finance may take such action to recover the costs as the city is authorized to do by law for the recovery of a civil debt. The bill of charges shall state the response fee. (4) The bill of charges and any other notices required by this part shall be served upon the responsible party in accordance with Section 1-6 of the Atascadero Municipal Code. If the responsible party has no last known business or residence address, then the scene of the disturbance shall be deemed to be the proper address for service of notice. City of Atascadero Ordinance No.448 Page 5 of 5 (5) The bill of charges shall include a notice of the right of the person being charged to request a hearing before the appeals hearing board within ten days of service of the bill to dispute the imposition of a response charge or the amount of the charge. SECTION 5. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on April 27, 2004, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on May 11, 2004, by the following roll call vote: AYES: Council Members O'Malley, Pacas, Scalise and Mayor Luna NOES: Council Member Clay ABSTAIN: None ABSENT: None ATTEST: CIT OF ATASCADERO &awe�� Marcia McClure Torgerson, C.M.C., 1Pty Clerk r. Geo ge Luna,Mayor APPROVED AS TO FORM: l Roy Hanley, City Att rney