Ordinance No. 563ORDINANCE NO. 563
AN ORDINANCE OF THE CITY OF CYPRESS
ADDING ARTICLE VII TO CHAPTER 13 OF
THE MUNICIPAL CODE OF SAID CITY
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION I. Article VII is hereby added to Chapter 13 of the City
Municipal Code to read as follows:
NOISE CONTROL
ARTICLE VII
Section 13 -64. Declaration of Policy.
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In order to control unnecessary, excessive and annoying sounds emanating
from incorporated areas of the City, it is hereby declared to be the policy
of the City to prohibit such sounds generated from all sources as specified
in this Chapter.
It is determined that certain noise levels are detrimental to the public
health, welfare and safety and contrary to public interest, therefore, the
City Council does ordain and declare that creating, maintaining, causing
or allowing to create, maintain or cause any noise 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.
Section 13 -65. Definitions.
The following words, phrases and terms as used in this Chapter shall
have the meaning as indicated below:
AMBIENT NOISE LEVEL shall mean the all- encompassing noise level associated
with a given environment, being a composite of sounds from all sources,
excluding the alleged offensive noise, at the location and approximate time at
which a comparison with the alleged offensive noise is to be made.
CUMULATIVE PERIOD shall mean an additive period of time composed of
individual time segments which may be continuous or interrupted.
DECIBEL (dB) shall mean a unit which denotes 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.
DWELLING UNIT shall mean a single unit providing complete, independent
living facilities for one or more persons including permanent provisions
for living, sleeping, eating, cooking and sanitation.
EMERGENCY MACHINERY, VEHICLE OR WORK shall mean any machinery, vehicle
or work used, employed or performed 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.
FIXED NOISE SOURCE shall mean a stationary device which creates sounds
while fixed or motionless including but not limited to industrial and
commercial machinery and equipment, pumps, fans, compressors, generators,
air conditioners and refrigeration equipment.
GRADING shall mean 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.
IMPACT NOISE shall mean the noise produced by the collision of one
mass in motion with a second mass which may be either in motion or at rest.
MOBILE NOISE SOURCE shall mean any noise source other than a fixed
noise source.
�` NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels
obtained by using a sound level meter at slow response with a reference
pressure of 20 micronewtons per square meter. The unit of measurement
shall be designated at dB(A).
NOISE VARIANCE BOARD shall mean an administrative board of five (5)
members appointed by the Board of Supervisors of the County of Orange, per
Title 4, Division 6, Article 1 of the Codified Ordinances of the County of
Orange.
PERSON shall mean a person, firm, association, copartnership, joint
venture, corporation or any entity, public or private in nature.
RESIDENTIAL PROPERTY shall mean a parcel of real property which is
developed and used either in part or in whole for residential purposes,
other than transient uses such as hotels and motels.
SIMPLE TONE NOISE shall mean a noise characterized by a predominant
frequency or frequencies so that other frequencies cannot be readily
distinguished.
SOUND LEVEL METER shall mean an instrument meeting American National
Standard Institute's Standard S1.4 -1971 for Type 1 or Type 2 sound level
meters or an instrument and the associated recording and analyzing equipment
which will provide equivalent data.
SOUND PRESSURE LEVEL of a sound, in decibels, shall mean twenty (20)
times the logarithm to the base ten (10) of the ratio of the pressure of the
sound to a reference pressure, which reference pressure shall be explicitly
stated.
Section 13 -66. Noise Level Measurement Criteria.
Any noise level measurements made pursuant to the provisions of this
Chapter shall be performed using a sound level meter as defined in Section 13 -65.
Section 13 -67. Designated Noise Zone.
The residential properties hereinafter described are hereby assigned
to the following noise zones.
Noise Zone 1: All residential properties zoned RS -15000 or RS -6000.
Noise Zone 2: All residential property not in Noise Zone 1.
Section 13 -68. Exterior Noise Standards.
(a) The following noise standards, unless otherwise specifically
indicated, shall apply to all residential property within a designated noise
zone.
NOISE ZONE
1
2
NOISE STANDARDS
NOISE LEVEL
55 dB(A)
50 dB(A)
60 dB(A)
55 dB(A)
TIME PERIOD
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
In the event the alleged offensive noise consists of impact
noise, simple tone noise, speech, music, or any combination thereof, each
of the above noise levels shall be reduced by 5 dB(A).
(b) It shall be unlawful for any person at any location within the
incorporated area of the City to create any noise, or to allow the creation
of any noise on property owned, leased, occupied, or otherwise controlled
by such person, when the foregoing causes the noise level, when measured
on any other residential property, either incorporated or unincorporated, to
exceed:
(1) The noise standard for a cumulative period of more than thirty (30)
minutes in any hour; or
(2) The noise standard plus 5 dB(A) for a cumulative period of more
than fifteen (15) minutes in any hour; or
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(3) The noise standard plus 10 dB(A) for a cumulative period of more
than five (5) minutes in any hour; or
(4) The noise standard plus 15 dB(A) for a cumulative period of more
than one (1) minute in any hour; or
(5) The noise standard plus 20 dB(A) for any period of time.
(c) In the event the ambient noise level exceeds any of the first
four (4) noise limit categories above, the cumulative period applicable
to said category shall be increased to reflect said ambient noise level.
In the event the ambient noise level exceeds the fifth noise limit category,
the maximum allowable noise level under said category shall be increased to
reflect the maximum ambient noise level.
Section 13 -69. Interior noise Standards.
(a) The following interior noise standards, unless otherwise specifically
indicated, shall apply to all residential property within a designated noise
zone:
NOISE ZONE
1 and 2
INTERIOR NOISE STANDARDS
NOISE LEVEL
55 dB(A)
45 dB(A)
TIME PERIOD
7:00 a.m. - 10:00 p.m.
10:00 p.m. - 7:00 a.m.
In the event the alleged offensive noise consists of impact
noise, simple tone noise, speech, music, or any combination thereof, each of
the above noise levels shall be reduced by 5 dB(A).
(b) It shall be unlawful for any person at any location within the
incorporated area of the City to create any noise, or to allow the creation
of any noise on property owned, leased, occupied, or otherwise controlled
by such person, when the foregoing causes the noise level when measured
within any other dwelling unit on any residential property, either incorporated
or unincorporated, to exceed:
(1) The interior noise standard for a cumulative period
five (5) minutes in any hour; or
(2) The interior noise standard plus five (5) dB(A) for
period of more than one (1) minute in any hour; or
(3) The interior noise standard plus ten (10) dB(A) for
of time.
of more than
a cumulative
any period
(c) In the event the ambient noise level exceeds either of the first
two noise limit categories above, the cumulative period applicable to said
category shall be increased to reflect said ambient noise level. In the
event the ambient noise level exceeds the third noise limit category, the
maximum allowable noise level under said category shall be increased to
reflect the maximum ambient noise level.
Section 13 -70. Special Provisions.
The following activities shall be exempted from the provisions of this
Chapter:
(a) Authorized activities conducted on the grounds of any public or private
nursery, elementary, intermediate or secondary school or college.
(b) Outdoor gatherings, public dances, shows and sporting and
entertainment events provided said events are conducted pursuant to a
license issued by the City pursuant to Article I, Chapter 15, and /or
a Permit issued by the City pursuant to Article II, Chapter 15, and /or
Article III, Chapter 15, and /or Article I, Chapter 9, and /or Appendix I,
Section 13 of the City Municipal Code relative to the staging of said
events.
(c) Activities conducted on any park or playground provided
such park or playground is owned and operated by a public entity.
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(d) Any mechanical device, apparatus or equipment used, related to
or connected with emergency machinery, vehicle or work.
(e) Noise sources associated with construction, repair, remodeling,
or grading of any real property, provided said activities do not take place
between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including
Saturday, or at any time on Sunday or a Federal holiday.
(f) All mechanical devices, apparatus or equipment which are utilized
for the protection or salvage of agricultural crops during periods of
potential or actual frost damage or other adverse weather conditions.
(g) Mobile noise sources associated with agricultural operations provided
such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m.
on weekdays, including Saturday, or at any time on Sunday or a Federal
holiday.
(h) Mobile noise sources associated with agricultural pest control
through pesticide application provided that the application is made in
accordance with restricted material permits issued by or regulations
enforced by the Agricultural Commissioner.
(i) 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 Federal holiday, or between the hours of
9:00 a.m. and 8:00 p.m. on Sunday or Federal holiday.
(j) Any activity to the extent regulation thereof has been preempted
by State or Federal law.
Section 13 -71. Schools, Hospitals and Churches - Special Provisions.
It shall be unlawful for any person to create any noise which causes
the noise level at any school, hospital or church while the same is in use,
to exceed the noise limits as specified in Section 13 -68 prescribed for
the assigned noise zone in which the school, hospital or church is located, or
which noise level unreasonably interferes with the use of such institutions
or which unreasonably disturbs or annoys patients in the hospital, provided
conspicuous signs are displayed in three separate locations within one -
tenth of a mile of the institution indicating the presence of a school,
church, or hospital.
Section 13 -72. Air Conditioning and Refrigeration - Special Provisions.
Until September 15, 1978, the noise standards enumerated in Sections
13 -68 and 13 -69 shall be increased 8 dB(A) where the alleged offensive
noise source is an air conditioning or refrigeration system or associated
equipment which was installed prior to the effective date of the Ordinance.
Section 13 -73. Noise Level Measurement.
The location selected for measuring exterior noise levels shall be at
any point on the affected property. Interior noise measurements shall be
made within the affected dwelling unit. The measurement shall be made at
a point at least four (4) feet from the wall, ceiling, or floor nearest
the alleged offensive noise source and may be made with the windows of the
affected unit open.
Section 13 -74. Manner of Enforcement.
The Orange County Health Officer and his duly authorized representatives
are directed to enforce the provisions of this Chapter. The Orange County
Health Officer and his duly authorized representatives are authorized,
pursuant to Penal Code Section 836.5, to arrest any person without a warrant
when they have reasonable cause to believe that such person has committed
a misdemeanor in their presence.
No person shall interfere with, oppose or resist any authorized person
charged with enforcement of this Chapter while such person is engaged in
the performance of his duty.
Section 13 -75. Variance Procedure.
The owner or operator of a noise source which violates any of the
provisions of this Chapter may file an application with the Health Officer
for a variance from the provisions thereof wherein said owner or operator
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shall set forth all actions taken to comply with said provisions, the
reasons why immediate compliance cannot be achieved, a proposed method of
achieving compliance, and a proposed time schedule for its accomplishment.
Said application shall be accompanied by a fee in the amount of seventy -
five dollars ($75.00). A separate application shall be filed for each
noise source; provided, however, that several mobile sources under common
ownership, or several fixed sources on a single property may be combined
into one application. Upon receipt of said application and fee, the Health
Officer shall refer it with his recommendation thereon within thirty (30)
days to the Noise Variance Board for action thereon in accordance with
the provisions of this Chapter.
An applicant for a variance shall remain subject to prosecution under
the terms of this ordinance until a variance is granted.
Section 13 -76. Noise Variance Board.
The Noise Variance Board shall evaluate all applications for variance
from the requirements of this Chapter and may grant said variances with
respect to time for compliance, subject to such terms, conditions and
requirements as it may deem reasonable to achieve maximum compliance with
the provisions of this Chapter. Said terms, conditions and requirements
may include, but shall not be limited to limitations on noise levels and
operating hours. Each such variance shall set forth in detail the approved
method of achieving maximum compliance and a time schedule for its
accomplishment. In its determinations, said Board shall consider the
magnitude of nuisance caused by the offensive noise; the uses of property
within the area of impingement by the noise; the time factors related to
study, design, financing and construction of remedial work; the economic
factors related to age and useful life of equipment; and the general public
interest and welfare. Any variance granted by said Board shall be by
resolution and shall be transmitted to the Health Officer for enforcement.
Any violation of the terms of said variance shall be unlawful.
Section 13 -77. Appeals.
Within fifteen (15) days following the decision of the Variance Board
on an application, the applicant, the Health Officer, or any member of the
City Council, may appeal the decision to the City Council by filing a
notice of appeal with the Secretary of the Variance Board. In the case
of an appeal by the applicant for a variance, the notice of appeal shall
be accompanied by a fee to be computed by the Secretary on the basis of
the estimated cost of preparing the materials required to be forwarded to
the City Council as discussed hereafter. If the actual cost of such
preparation differs from the estimated cost, appropriate payments shall
be made either to or by the Secretary.
Within fifteen (15) days following receipt of a notice of appeal and
the appeal fee, the Secretary of the Variance Board shall forward to the
City Council copies of the application for variance; the recommendation
of the Health Officer; the notice of appeal; all evidence concerning said
application received by the Variance Board and its decision thereon.
In addition, any person may file with the City Council written arguments
supporting or attacking said decision and the City Council may in its
discretion hear oral arguments thereon. The City Clerk shall mail to
the applicant a notice of the date set for hearing of the appeal. The
notice shall be mailed at least ten (10) days prior to the hearing date.
Within sixty (60) days following its receipt of the notice of the appeal,
the City Council shall either affirm, modify or reverse the decision of
the Variance Board. Such decision shall be based upon the City Council's
evaluation of the matters submitted to the City Council in light of the
powers conferred on the Variance Board and the factors to be considered,
both as enumerated in Sections 13-75 and 13 -76.
As part of its decision, the Council may direct the Variance Board to
conduct further proceedings on said application. Failure of the City
Council to affirm, modify or reverse the decision of the Variance Board
within said sixty (60) day period shall constitute an affirmance of the
decision.
Section 13-78. Violations: Misdemeanors.
Any person violating any of the provisions of this Chapter shall be
deemed guilty of a misdemeanor. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be
punishable as such. The provisions of this Chapter shall not be construed
as permitting conduct not prescribed herein and shall not affect the
enforceability of any other applicable provisions of law.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 23rd day of February 1976.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE C Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting
of the said City Council held on the 23rd day of February 1976; by the
following roll call vote:
AYES: 4 COUNCILMEN: Kanel, Sonju, Lacayo and Frankiewich
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Harvey
CI'f't C ER OF THE CITY OF CYPRESS