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Ordinance - 1251ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING CHAPTER 6 TO ARTICLE IV OF THE WEST COVINA MUNICIPAL CODE, RELATING TO NOISE, AND DECLARING THE URGENCY HEREOF, TO TAKE EFFECT IMMEDIATELY The City Council of the City of West Covina does ordain as follows: SECTION 1. Chapter 6 is added to Article IV of the West Covina Municipal Code to read as follows: CHAPTER 6. NOISE REGULATIONS Part 1. General Provisions. 4600. DECLARATION OF POLICY. It is the policy of the City in its exercise of police power, to prohibit unnecessary, excessive, and annoying noise levels from all sources. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interest shall be systematically proscribed. Part 2. Special Noise Sources. 4610. RADIOS, TELEVISION SETS, AND SIMILAR DEVICES. (a) Use restricted. Between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day, it shall be unlawful for any person within any residential zone of the City to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound or any device by which voice, music, or any other sound is amplified, in such a manner as to create any noise which causes the noise level at the property line of any property (or if a condominium or apartment house, within any adjoining unit or apartment) to exceed the ambient noise level by more than five (5) decibels. 4611. CONSTRUCTION AND BUILDING PROJECTS. (a.) Regulation. Between the hours of 8:00 p.m. of one day and 7:00 a.m, of the next day, it shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction type device in such manner as to create any noise which causes the noise level at the property line to exceed the ambient noise level by more than five (5) decibels unless a permit therefor has been duly obtained in accordance with subparagraph (b) of this section. No permit shall be required to perform emergency work as defined in Part 3 of this chapter. (b) Permit Procedure. A permit may be issued authorizing noises prohibited by this section whenever it is found that the public.interest will be served thereby. Applications for permits shall be in writing, shall be accompanied by an application fee in the amount of Five Dollars ($5.00), and shall set forth in detail facts showing that the public interest will be served by the issuance of such permit. Applications shall be made to the Building Director, provided, however, with respect to work upon or involving the use of a public street, alley, building, or other public place under the jurisdiction of the Engineering Department, applications shall be made to the City Engineer. Anyone dissatisfied with the denial of a permit may appeal to the Council. 4612. VEHICLE OPERATION AND REPAIRS. It shall be unlawful for any person within any residential area of the City to repair, rebuild, or test any motor vehicle upon private property, in such manner as to create any noise which causes the noise level at the property line to exceed the ambient noise level by more than five (5) decibels. Part 3. Definitions. 4615. DEFINITIONS. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: (a) Decibel Measurement Criteria. Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000 and for the combined frequency bands (ALL PASS). (b) Sound Amplifying Equipment. "Sound amplifying equipment means any machine or device for the amplification of the human voice, music, or any other sound, or by which the human voice, music or any other sound is amplified. "Sound amplifying equipment", as used in this chapter, does not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety. (c) Emergency Work•. "Emergency work" means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger to the public health and safety. (d) Ambient Noise. "Ambient noise" means the all - encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far. (e) Decibel. "Decibel" (db) means a unit of level which denotes —the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. (f) Motor Vehicles. "Motor vehicles" include, but is not limited to, mini -bikes and go-carts. -2- i SECTION 2. This ordinance is necessary for the protection of the public peace, health and safety and shall be effective immediately upon its adoption. The facts constituting the necessity are as follows: At certain levels noises are detrimental to the health and welfare of the citizenry. Certain construction activities proposed to be carried on in the immediate vicinity of residential areas of the City pose an immediate threat to the health and welfare of the persons residing in those areas. In order to protect the health and welfare of all such persons it is necessary that this ordinance be effective immediately upon its adoption. SECTION 3. This ordinance shall cease to be effective for any purpose at the same time that Ordinance No. 1250 becomes effective. SECTION 4. The City Clerk shall certify to the passage - of this ordinance and shall cause the same to be published as required by law. Passed and approved this 8th day of July, 1974. ATTEST: / City C16rk.- STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA I,..:LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1251 was regularly introduced, placed upon its first and second readings and was duly adopted and passed at a regular meeting of the City Council on the 8th day of July, 1974, by the following vote, to wit: AYES: Councilmen: Browne, Lloyd, Chappell, Young. NOES: Councilmen: None ABSENT: Councilmen: None ABSTAINED: Councilman Shearer. APPROVED AS TO FORM: /-C-Itk Attorney City Clerk �j -3- I