Ordinance - 2181ORDINANCE NO. 2181
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA AMENDING WEST COVINA MUNICIPAL CODE SECTIONS
15-85 AND 15-94 RELATING TO THE REGULATION OF NOISE
WHEREAS, the City Council is concerned about the increasing number of noise
disturbance calls received by the Police Department and therefore desires to assure that its
municipal code sections addressing noise regulation contain enforceable methods of regulation;
WHEREAS, West Covina Municipal Code sections 15-85 and 15-94 currently require
that noise levels at property lines exceed five decibels prior to the initiation of enforcement
activities;
WHEREAS, the process of taking decibel readings from a property line is often
impracticable given that the noise causing the disturbance is often stopped immediately upon a
police officer's arrival, and started again after the police officer's departure;
WHEREAS, the City Council desires to amend sections 15-85 and 15-94 to eliminate the
decibel requirement and to add a requirement that would allow enforcement of the noise
ordinance where noise is plainly audible from a distance of 50 feet from the property line;
NOW, THEREFORE, be it ordained by the Council of the City of West Covina as
follows:
SECTION 1. West Covina Municipal Code section 15-85 is amended to read as follows:
Sec. 15-85. Loud, unnecessary noises prohibited generally.
Notwithstanding any other provision of this article, it shall be unlawful for any person within any
residential zone of the city to willfully make or continue or cause to be made or continued, any
loud, unnecessary or unusual noise which unreasonably disturbs the peace and quiet of any
residential neighborhood or which causes discomfort or annoyance to any reasonable person of
normal sensitiveness residing in the area. If the noise which is being created is plainly audible at
a distance of fifty feet 50') from the property line of anydproperty or if a condominium or
apartment house, within any adjoining unit or apartment), building, structure or vehicle in which
it is located, it shall be presumed that the noise being created is in violation of the provisions of
this section.
SECTION 2. West Covina Municipal Code section 15-94 is amended to read as follows:
Sec. 15-94. Radios, television sets, and similar devices.
Between the hours of 10:00 p.m. on 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), building, structure or vehicle to be plainly audible at a distance of fiftyf(501
there from.
SECTION 3. If any part of this Ordinance, or its application to any person or circumstance, is
held to be invalid, the remainder of the ordinance, including the application or provision to other
persons or circumstances, shall not be affected and shall continue in full force and effect. To this
end, the provisions of this ordinance are severable.
SECTION 4. The City Clerk shall certify to the passage of this ordinance by the City Council
of the City of West Covina and cause it to be posted in three conspicuous places in the City of
West Covina, and it shall take effect thirty (30) days after it's adoption on December 4, 2008.
Ordinance No. 2181
Page 2
APPROVED AND ADOPTED on this 41h day of November, 2008.
I-4ML"
Mayor Sherri Lane
ATTEST:
r
City Clerk Laurie 6Aco
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 7th day of October 2008. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 41h day of
November 2008, by the following vote:
AYES: Herfert, Hernandez, Touhey, Lane
NOES: None
ABSENT: Sanderson
ABSTAIN: None
APPROVED AS TO FORM:
Ny Attorn y d Alvarez-Glasman
i
City Clerk aurie Car co
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2181 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3`d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Assistant City Clerk
Posted: November 6, 2008