HomeMy WebLinkAboutOrdinances_2579_CCv0001.pdf ORDINANCE CE SIC}. 2579
AN ORDINANCE INANCE. F THE CITY OF REDLANDS ADDING CHAPTER
,06 TO THE REDLANDS MUNICIPALCODE TO ESTASLISH
REGULATIONS FOR NOISE CONTROL
TI]E UNITY COUNC IL OF THE CITY OF REDLANDS DOES ORDAIN A
FOLLOW
Section 1. Chapter 8,06, entitled "Community Noise Control," is hereby added to
the Redlands Municipal Code to read as follows.-
"Chapter
ollows:"C hapter 8.06
COMMUNITY NOISE CONTROL
Sections
.W010 Purpose
: .rlt; 020 Definitions,
8,06,0 30 General noise regulations
S.W040 Enforcement authority
.W050 Noise measurement procedure
6:3.06,060 poise measurement methodology
.W070 Exterior noise limits
.06,08 Interior noise standards
.W090 Noise disturbances prohibited
,06,100 Residential air-conditioning or air-handling equipment
&06.110 Tampering
8.06,120 Exemptions
8.06.1 0 Pre-existing noise sources
.€6,14ri Violation - penalty
Section .W01 Ci PUrpose
The purpose; of this Chapter is to implement the noise control provisions of the
Redlands. General Platt by establishing comprehensive regulations for the control of
noise within the City,
Section -06.020 Definitions
71"he 11,011owin words and phrases ,shall have the meanings set out in this section,
All terminology used in this Chapter.not defined below, shall be in. conformance with
applicable publications of the American National Standards Institute (ANSI) or its
Successor body
A. Move4ghted sounTOW inewis We sound l,n cl in decibels as rneasul-Qd on
a sound level meter using the A-%veigh[ing nemork. The lcvcl so read is designated
dBA.
B. "Ambiet-it noise level- nicans the all-ancomprissing, noise level associated
with a, given envimnmen; bAng a compoVu of momds from alsource, excluding
the allegred offensive noke, at the jocition t.indl approximate time at which a
Cornparison, with the alleged offerisive noise is to he nnadc,
C. "Corrunercial" Iricans gneraliy i.oil �.:)f uses> permitted in the
corninercial zones as set 6orth in Fide IS of As Code or adopted specific plans.
1 "Construction" mearis an , site preparation, grading, assembly, erection,
substantial repair, aheration, and rdand rriscriai handling, and disposition. or similar
activity, for or on public or private rights-okway. structUTeS, utilitie§ or public or
privae property,
E. "CLIMUlatiVC period" means iiia additive period of time composed of
individual time sqgrncrits, that may be continuous 0!' MM-rUp1CCL
F. "Decibel" means a anit for meavrrinS the ;11111),NIUCIC of a sound, equal to 20
times the logarithm to the tose10 of the YaN of uh�� pressure of the sound measured
to the raRycrice pressure, sylAch is 10
G. "Demolition- means, any, dismanding, inwntiorjal destruction or rernoval of
structures, utilides, public or pAvan Aght-okway surf"aces or similar improvements
on public or private property.
FL Amergency work- means aM, wat pc-r6ormed for the purpose of
preverthng or alleviathig the physical ot property damage which requires
immediate mitigation.
L "FAcd noise sownC nicans a stationtaury Jcvic,�, which creates sounds while
fixed or motionless inchading, but not liniited i(i Yesidentiah agHctdturaL induskial
and coniniercial inachinery and equipi-aci-n. punrips, fans, compressors, air-
conditioners or refrigeration equ,ipnwrn
J. "Industrial" n,ieans generadiy consistin.2 r,t9 ,ises, permitted in the industrial
zones as set fort) in 'l'itis' IS of this Code or adopted specific plans.
K. "Licensed" ineans the possession of a hf-crise or a permit issued by the
appropriate PriSCHCOWMI auktority; or, ,vhere no jormits cyr licenses are issued, be
sanctioning of the acOvity My the Jurisdiction as imted in public record,
L "Nlobile nobc somce" mearis any !-,,oine source other than it fixed noise
source.
;jjnofd mmsc otdinLnce2'dnm caditied,doc
M. "Motor vehicle" shall include any and all self-propelled vehicles as defined
in the California Vehicle Code.
N. "Muffler or sound dissipative device" means a device consisting of a series
of chambers or baffle plates, or other mechanical design, for the purposeof receiving
exhaust gas from an internal combustion engine and effective in reducing noise.
0. "Noise Control Officer ("NCO") means the Code Enforcement Division of
the Citv or such other employees of the City so designated by the City Manager to
enforce this Chapter.
P. "Noise disturbance" means any sound not in compliance with the
quantitative standards as listed herein which either:
1. Endangers or injures the safety or health of human beings or allarnals,
I Annoys or disturbs reasonable,persons of normal sensitivities;
3
I Endangers or injures personal or real property;or
4, Violates sections 8.06.030 or 8,06.090 of this Chapter.
Q. "Noise sensitive zone" means any area designated as such pursuant to this
Chapter for the purpose of ensuring exceptional qui.et.
R. "Noise zone" mearis any defined areas or regions of a generally consistent
land use wherein the ambient noise levels are within a range of 5 dB-
S "Person" means any individual, association, partnership or corporation, and
includes any officer, employee, department, agency or instrumentality of a State or
any political subdivision of a State.
T. "Powered model vehicle" means any self-propelled, airborne, waterborne or
landborne plane, vessel or vehicle which is not designed to carry persons including
but not limited to, any model airplane, boat, car or rocket.
U, "Public right-of-way" means any street, avenue, boulevard, highway,
sidewalk. alley or similar place owned or controlled by a govenirnental entity.
V. "Public space" means any real property or structure thereon which is owned
or co. trolled by a governmental entity.
W. "Residential"' means generally consisting of uses as permitted in the
residential zones as set forth in Title 18 of this Code or adopted specific plans,
3
, .SOUnd-rarnnlalifyirng Q";lripmelnt" means any device for the amplification of
the human voice, nntasic or aanv cattier sound. "nxcludinxg standard automobile radians or
stereo systems when ttsetl and heard Only by the oc•cim ants of the vehicle in which the
radio or stereo system :s rrnst,Illecl, eWit.d:nnL� ti3'i717,1 clewtces gra atttlnw>rnze+l
cnner enc:y vehicles or horns or otln;er wi.ir lnn<, dc,L ices on any vehicle used o tlw for
traffic safety purposes
Y. "Sound level Ineter" means an lris€mrrie nt, including a microphone,
ne,
am liter°, output meter and frcgnenc.y w en;mltnnr_, networks for the measurement of
sound levels which meets or exceeds the recitnirennents of the American National
Standard lnstittate's S 1.4-19 'l. car the Innost recent revision thereof, for Type l r Type
2 sound level meters.
Z. "Sound truck" rricarns any motor vehicle regardless of motive power,
whether in motion or stationary, havirn"g moti nt�2d th rccatn or attached thereto. anv
SOU ncl arnnplifying equipment;.
AA, "Vibration perception thrt shold- means ns h, nnitnii t r n ground or structure-
borne
tr acturebonne vibrational motion necessary to causc a normal person to be aware of the
vibration by such direct inncatrns as. btrt 1101L linnitcai [o, sensation by touch or visual
observation n Cif knnlnvi n ,' 01�j`cis. The l?¢:'.i"s,:;C g?t oni iilr s`oid shall be presumed to be a
motion velocity of 0.01 in-,,sec over the range oC l to 1 n.r0 1 l
BB. "Weekday" means'any day, Nilo da, '1,,,rou, zh Friday. which is not a legal
holiday.
Section S.06.030 fig"cncr l noise ,egulaticmis
It shall be ttnlaww.fUl for army pCrSoji to wrtlltn i; : £.tr- n egg-ently make, or cause to be
made, any 101..1tl; trnl1ecr1,sary or n.arnusual noi�e which, disturbs the peace and quiet Of'
any neighborhood or which causes d,tirconnfo ? or £.rndno �t nce to a reasonable person of
normal sensittw rtv In the area, The taciors tha ,nn<a tb considered in determirun
whether a violation of this Chapter exists ins track, but are not limited to, the,
following:
A. The sound level ofthc o,jectiojjal-ale ticaisc-.
B. The sound level of*the a nnb?e?,t ncaisc,
C The proximity ofthe noise to rk-sideriiial hvIn?„ or Sleeping facilities; 1
The nature and z.om n,, t:)fthc arca lt!Pi. '," dnra ,,1he noise emanates
E. yg
The number of persons aiT ctod by t1 "
G. The duration ofthe noise"
H, The tonal, rrntbrtnt.atio nal car Inttisrcal ",orvc n? o tho noise"
L Whether the, noise is conntiatratatts. reg tatTesnt rpt' iratertnnittent;"
J. Whether the 11olse is l'?°othic;�d by u t`mn nserci,Il t.#r noncommercial mer ill activit ;
K, Whether the nature trf the rioisc is usual or annus°uaj
nF." ,�i.na"�e°�^a�tsr.r�cc 'sr3krs c4r,e,t.=3zs"
',r
L. Whether the origin of the noise is natural or unnatural; and
M. Whether the noise occurs on a vweek-day, weekend or a holiday.
Section l .0 .040 Enforcement authority
A4 The NCC and the; NC O's duly authorized representatives may enforce the
provisions of this Chapter,
B. The NCO and its authorized representatives shah have satisfactorily
completed an instructional program as recommended by the measuring instrument's
manufacturer,
C. No person shall interfere with, appose or resist the NCO or any authorized
person changed with the enforcement of this Chapter when such persons are engaged
in the performance of their duties,
Section 8.06.050 Noise measurement procedure
The NCO, equipped with sound level measurement equipment satisfying the
requirements in Section .06.020, may investigate any complaint relating to a
violation of this Chapter. The investigation shall consist of a measurement and the
gathering of data to adequately define the noise problem and include, but not be
limited to the following:
AType of noise source,
B. Location of noise source relative to the;complainant's property;
C. Time period during; which noise source is considered by complainant to be
intrusive;
D. Total diaration of noise produced by noise source; and
. Date and time of noise measurement survey.
Section 8.06,060 Noise measurement methodology
A. Utilizing the"A" Weighting scale of the sound level meter and the "slow"
meter response `use "fist" response for impulsive type sounds), the noise level shall
be measured at a position or positions at any point on the receiver's property deemed
appropriate to determine whether the noise level complies with this Chapter.
B. The microphone shall be located:four to five feet above the ground; tent feet
or more from the nearest reflective surface, where possible. However, in those cases
where another elevation is deemed appropriate, the latter shall be utilized. if the noise
complaint is related to interior noise levels, interior noise measurements shall be
made within the affected residential building or unit:: The measurements shall be
made at a: point at least fours feet from the wall, ceiling or floor nearest the noise
source, with the windows closed.
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C. Calibration Of the MC�-ISLII-elllCflt CQUI111-11"'I3l, Lltih/man acoustic calibrator,
shall be perfonned irrimediatelv Pri1 1
or to rccording any lioise data. Standard
maintenance of ilile measurl ijaec,111pi-,jelit slizill fie In accordance with the
manufacturer's recoinmendation s.
D. No outdoor measurements shall, be tak-eii,
I During periods %1.,hen wind speeds oiiicludinTUSts) exceed 15 rilph-
2 Without at windscreen, as rcc cittariae acie s bV the uleISUrmr instraillent's
manufiacturer,, properly attached to thl.' I'll�41 S1,11-1 1111 111SU11111C11t;
3 Under ariv condition that allows the MLCZlSLIr1rl'1 instrunierit to become x�vet
(e.g., rain or condensation); or
4. When the ambient ternpenitilre is out of the ranil,"Ie of the tolerance of the
nicasurina lnstrtlnjent.
8,06070 Exterior noise limits
A. The noise standards t'or the catcgorics land uses identified in Table I
shall, unless otherxvise specifically Indicated, lappl'y -,0 all such property Within a
designated zone,
Table
N MaxillILE111 pen-nissible SOLInd leve�s 'by rcccry irigg:1and:us:e:
No is(,
Rete c Lei v,i n Le'�cl
g, Land Use Categoij Tim.e Permd raise Level - di B]A
Single Family Residcritial
10 50
Districts 60
Multi-Family ResIdential j 10 P a.m
50
Districts; 7 a-in,-1 0 n,m. HCl"
Public, SpaCC, In-StitUtIOM-11
Corrilliercial
10 60
7 10 11,111, 1 65
L
----------------
ial 1:n :t:istri�al Anv '1171111111 75
B No person shall operate, 01- CaUlSe to be operaicd. any Source of sound at any
location within the City or allow the creation ofany noise Oil Property owned, leased,
occupied or othervase controlled by stich person which causes the noise level when
meaSUred on any other propenty to exceed:
L "File noise standard R)r [hat ian(i use speci}le(i in 'cable I for a CUMUlatiVe
period Of More thall [IIII-ty 1111,11LIA.CS In aliv lwu,� or
2. The noise standard specified in Ta bie I tflLs 5 dB lbr a cumulative period of
more than fiTteen mi.11MCS Ill Ml%; hoU11-1 (IF
3, The noise standard specified in Table I plus 10 dB for a cumulative period of
more than five minutes in any hour; or
4. The noise standard specified in Table I plus 15 dB for a cumulative period of
more than one minute in any hour; or
5, The noise standard specified in Table I plus 20 dB or the maximum
.measured ambient level, for any period of time.
C. If the measured ainbient level exceeds the allowable noise exposure standard
within any of the first four noise limit categories above, the allowable noise exposure
standard shall be adjusted in 5 dB increments in each category as appropriate to
encompass or reflect said ambient noise level. In the event the ambient noise level
exceeds the fifth noise limit category, the maximum allowable noise level under this
catc€zory shall be increased to reflect the maximum ambient'noise level, .
D. The ambient noise shall be measured at the same location along the property
line utilized in sub-section 8,06.060B, with the alleged offending noise source
inoperative. If the alleged offending noise source cannot be shut down, the ambient
noise shall be estimated by performing a measurement in the same general area of the
SOUrce but at a sufficient distance that the noise from the source is at least 10 dB
below the arnblent in order that only the ambient level be measured. If the difference
between the ambient and the noise source is 5 to 10 dB, then the level of the ambient
,itself can be reasonably determined by subtracting a one-decibel correction to account
for the contribution of the source.
E. In the event the alleged offensive noise contains a steady, audible tone such
as a whine, screech, hum, or is a repetitive noise such as hammering or riveting, or
contains music or speech conveying inforinational content, the standard limits set
forth in Table I shall be reduced by 5 dB.
8,06AO Interior noise standards
A, No person shall operate or cause to be operated any Source of sound, or
allow the creation of any noise, which causes the noise level when measured inside a
neighboring receiving occupied building to exceed the following standards:
1, The noise standard for that land use specified in Table 2 for a cumulative
period of more than five minutes in any hour.
1 The noise standard for that land use specified in Table 2 plus 5dB for a
cumulative period of more than of one minute in any hour,
3. The noise standard for that land use specified in Table 2 plus I OdB for the
maximum measured ambient noise level for any period of time.
7
B. If the measured ambient levcl exceeds the allowable exterior noise exposure
standard in Table. 1, the allowable interior nolse exposure level shall be adjusted in 5
d.B increnients as appropi'ate tc
I reflect the arn'blent imisc, level,
Fable 2xa
M�lXinlllirl per alis SiblC IntCl-101' S01,111d leVCls bV receiving- land Ust_.
'v
)jsc
ece'ving Land Use Catcwry i Time Period Noise Level - dB:
Single Family Residential Any Tune 45
Districts
M111ti-Fainily Residential 45
Districts; Institutional,- Hotels
Commercial
Anv T1111C 50
Industrial 1 Anv Tinic 60
8.06,090 Noise disturbances prohibited
The following acts, and the causing or permitting thereof, are declared to be in
violation of this Chapter:
A. Operating, pla\1n,-',Z�. or perniittin, the operation or playing of an-y' radlo,
I
television set, phonoggraph. druni, ITIUSIcai 'Instrunnent or similar device N-hich
produces or reproduces sound:
1. Between the hours of 10 p.rn. and 7 a.mn such a manner as to create a
noise disturbance across a residicntial or conirnertial real property line or
at any time to violate the provisions of Sections 8.06.030 or 8,06.070.
In such a nianner as to exceed the Io el set forth for public space in
Table 1. ineasurled at a distance o,,:' at !cast 50 reef from such device
operating on a public right-of-way cit-public -,pacc.
13Using or operating fear any purpose any loudspeaker, loudspeaker systern,
stereo system or similar device between the hours (if 10 p.m. and 7 a.m., such that the
sound there from creates a noise disturbance across a residential property line, or at
any time violates the provisions of Sections S.O(0)'50 or 8.06,070, except for non-
corniriercial public speaking, public assernbly, oi- ior which an exemption has
been provided for M cither this Section or Scctioij 8,06,1120.
C. Street sales, Off rinc, for .,ale, selling ari, th�ngt or advertising by ShOUting,
1 " I — 1,
or outcry within the City except by pernill th,; City. This subsection shall
not be construed to prohibit the sellim-,by 01.1tCrV Of 11
'le"Ch"Indise, food or beverages at
C71 -
licensed sporting; events, parades, fairs, circuses or (.xher similar licensed public
entertainment events.
D, Animals and birds. Owning, possessing or harboring any animal or bird
which frequently, or for long duration, howls, barks, meows, squawks or makes other
sound which creates a noise disturbance across a residential or commercial real
property line or within a noise sensitive zone.
E, Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, refuse containers or similar
objects between the hours of 10 p.m. and 6 a.m. in such a manner as to cause a noise
disturbance across a residential real property line or at any time to violate Section
8.06.030.
F. Construction and/or demolition. Operating or causing the operation of any
tools or equipment used in constructiun, drilling, repair, alteration or demolition work
between weekday hours of 6 p.m. and 7 a.m., including Saturdays, or at ally time on
SUndays or holidays, such that the sound there from creates a noise disturbance across
a residential or commercial real property line, except Por emergency work by public
service utilities, the City or another governmental entity. All mobile or stationary
internal combustion engine powered equipment or machinery shall be equipped with
exhaust and air intake silencers in proper working order, or suitable to meet the
standards set forth herein,
G. Vibration. Operating or permitting the operation of any device that creates a
vibration which is above the vibration perception threshold of an individual at or
beyond the property boundary of the source if on private property or at 150 feet from
the source if on a public space or public right-of-way.
H. Powered model vehicles. Operating or permitting the operation of powered
model vehicles
ll. Between the hours of 7 p.m. and 7 a.m. so as to create a noise
disturbance across a residential or commercial real property line or at
an,v time in violation of Section 8.06.030.
1 In such a manner as to exceed the levels set forth for public space land
use in Table I measured at a distance not less than 100 feet from any
point on the path of a vehicle operating on public space or public right-
of-way.
1. Stationary, non-emergency signaling devices
I Sounding or permitting the sounding of any electronically amplified
signal from any stationary bell, chime, siren, whistle or similar device
intended primarily for non-emergency purposes, From any place for
more than 10 seconds in any hourly period.
dveow noi,e oWhumceZ`draft rodificdAv 9
2. Places of vorship and public and private schools shall be exempt from
the operation ofthis subsection,
J. Emergency signialing devices:
1 The intentional sounding or permitting the sounding outdoors of any
fire, bur lar or civil defense alarm, siren, whistle or similar stationary
emergency signaling, device. exc�pt for erner-ency purposes or foi-
testirr as provided iz Subsection 1 2
2. Testinit.,
a. Testing of of stationary eniengenc%, signaling device shall not
occur before 7 a.m. or after -7 pmiAny such testing shall use only the
ni ninium cycle test time. Ira. no case hall such test tIi
e exceed 60
seconds,
b. Testinv- of the complete emergency signaling system, including
the functioning of the signaling device, and the personnel response to
the signaling device, shall not occur naive than once in each calendar
nionth. Such testing shall not occur beflore 7 am, or after 10 p,rn, The
time limit specified in this subsection J.2,a shall not apply to such
complete systern testing,
1 Sounding, or permitting the sounding of any exterior burglar or fire
alarm or any motor yeti cls burglar-alarin unless such alarm is
terminated %vithin 5 minutes of activatiOn.
K, Noise sensitive zones. CreatinLy or caLISH111 the creation of any and within
any noise sensitive zone, so as to exceed the specificd land use noise standards set
forth in Table 1, and Section 8,06,070B, or so ;is to interfere with the functions of
such activity or annoy the occupants In the activity, provided that conspicuous sigils
are displayed indicating the presence of the zonc.
L. Domestic power tools and machinery:
1, Operating or permitting the operation of any mechanically powered
saw, sander, drill', grinder, lawn or gharden tooi, or similar tool between
10 pm. and 7 a,rm, so as to ci-cate a noise disturbance across a
residential comirierclal rcai propci-ty, h
est I oi-
-v and punin
Motor, machinei, s, such as swiniming pool equipment.
shall be SUffiC1C'T11l)1 CTICIOSCd cn- n-itiffled and maintained so as [lot to
create at noise disturbance in accordance with 'Fable I in Section
8,06,070.
A Places of Public entertzdnrrient: ti per,allnaM or pennitting the operation 01-
playing of any loudspeaker. ii-nisical ` her s ource ofsound In any; place
instruingent or ot
of public entertainment that exceeds 95 dBA ais read on the slow response of a sound
level meter at any point normally OCCUpied ION, a cuswmcr, svlthout a COUISPICUOus, and
dpn oFda:cnsc cwdinamv 11"'drafixodifinfd doo
legible sign with minimum one-inch letter height stating: "WARNING! SOUND
LEVELS WITHfN MAY CAUSE HEARING IMPAIRMENT."
8.06.100 Residential air-conditioning or air-liandling equipment
It shall be unlawful to operate or permit the operation of any air-conditioning or
air-handling equipment in such a manner as to exceed the sound levels set forth in
Table I of Section 8.06.070,
8.06.11.0 Tampering
The following acts or the causing thereof are prohibited
A. The removal or rendering inoperative, other than for purposes of
maintenance, repair or replacement, of any noise control device or element thereof of
any product required to meet specified noise emission limits under federal, State or
local law,
B. The removal of any noise label from any product identified above in
subsection A of this Section.
CThe use of a product identified in. subsection A of this Section, which has
Bad a noise control device or element thereof or noise label removed or rendered
inoperative,
8.06.120 Exemptions
A, Emergency exemption: This Chapter shall not apply to-,
1. The emission of sound for the purpose of alerting persons to the
existence of an emergency such as, but not limited to, loud speakers,
horns, sirens whistles or other similar devices which emit sound, only
for the time required to make notification of the emergency condition,
or
The emission of sound in the perfori-nance of emergency work or the
temporary provision of essential services such as, but not limited to,
utility system repairs or upgrades, infrastructure repairs structural
repairs and other unscheduled, infrequent and non-recurring activities,
required to protect, persons and property from physical harm or loss of
essential services.
13. Warning devices: This Chapter shall not apply to warning devices necessary
for the protection of public safety. Police, fire and ambulance sirens and train horns.
are exempt from this Chapter.
dim urd,,ioisc urdimme,2'dra�t_codificd,doc
C. Outdoor activities. This Chapter shall not apply to occasional outdoor
public atlaerin s. public dances. shows, and sporting and entertainment events
conducted within City parks and City-owned f1tellities, inc ludina events conducted at
the Redlands Bowl, provided SUCil eV"'I'tS 41'C C011ducted pursuant to a permit 01'
license issued by the City.
DSchool Activities- This Chapter shall riot apply to activities and operations
conducted on the grounds of any Public or private elementary, intermediate or
secondary school or colleges and universities,
E. Hospital: This Chapter shall not apply to activities and operations
conducted within the (-fT70Unds of the Redlands Con,inituilty I-lospital provided that said
activities and operations are In compliance with the acoustical provisions of the
Hospital*s conditional rise permit,
F. Minor• maintenance of residential property. This Chapter shall not apply to
noise sources associated with the minor maintenance of residential property, provided
such activities take place between the hours of 7:00 am. to 8:00 p.m. on weekdays,
and 7:00 a.m. to 8:00 p.rn. on weekends and legal holidays, and provided that such
activities generate no more than 90 dBW at or within the real property line of the
residential property=. Activities covered UndCr this provision include but are not
limited to maintenance of landscaping and ninior ,epalr of residential dwellings or
anvil lan, structures.
G. Construction activity: This Chapter shall not apply to noise sources
associated with new construction, rernodelinor, rehabilitation or grading of any
property provided such activities take place between the hours of 7.00 a.m. and 6:00
p.m. on weekdays, including Saturdays, with no activities taking place at any time on
Sundays or federal holidays, All motorized eqUil)II-lent used in such activity shall be
equipped with functioning i'mifflers,
H. Agricultural operations- This Chapter shall riot apply to mobile noise
sources associated with agricultural operations for use in maintenance, cultivation,
planting and hanesting of agricultural areas provided said activities take place
between the hours of 7:00 a.m. to 8:00 p,m, on weekdays, including Saturdays, with
no activities taking place at any time on Sundays or federal holidays, All motorized
equipment used in such activity shall be equipped 1xitli functioning mufflers.
1. This Chapter shall riot apply to any activity in which State or Federal law
has preempted the regulation Of SLICII activity,.
8,,06.130 Pre-existin- noise Sources
Those commercial and industrial operations in existence prior to the date of
adoption of the ordinance establishing this Chapter, if in compliance with the City's
,4Tni wd n,mic ordwance 2"draft codifi�:d,doc
Zoning laws may be granted a period from such date within which to comply with this
Chapter.
A. Such compliance period shall be based on the estimated cost to make the
equipment comply, as follows-
I
I. If the cost is S 1,000 or less, ninety days;
1 If the cost is S 1,000 to $5,000, one year;
3. If the cost is $5,000 to $20,000, two years; or
4. If the cost is greater than$20,000 or more, three years.
B. At the time of request for extended compliance periods in paragraphs I
through 4, above, any person requesting such extension, shall submit a plan for such
compliance, including temporary mitigation of such noise levels to within 5 dBW, of
the complying level. Such extended period and temporary mitigation shall not exceed
one year beyond the initial compliance period. If the compliance period is granted,
mitigation measures included in the plan must be completed within ninety days from
the date of approval of the compliance period.
C. If, at the end of the compliance period, it is shown that compliance with the
provisions herein constitute a hardship in terms of technical and economical
feasibility, additional applications for exception may be granted on an annual basis
until such time as compliance may be affected, provided the temporary mitigation
remains in place.
D. Requests for extended compliance periods or exceptions shall be submitted
to the City's Planning Commission with the submittal of plans and other information
as required by the Community Development Director. Such applications shall be
filed by the owner of the property affected thereby or the owner's authorized agent,
with the Community Development Director, on forms furnished by the Director,
which shall set forth fully the nature of the proposed use, and the facts sufficient to
justify the granting of the compliance period in accordance to the provisions of this
Chapter.
E. The applicant shall fumish to the Director an accurate list of the names and
addresses of all property owners to whom notice must be given as provided in this
chapter.
F. Each such application shall be, accompanied by a filing and processing fee in
the amount established by resolution of the City Council, Any applicant may
withdraw his application by filing a written request to do so at any time prior to Final
action thereon, provided that there shall be no refund of fees.
8-06.140 Violation - Penalty
A. It is illegal to use, occupy or maintain property in violation of this Chapter.
& Violation of this Chapter shall be a misdemeanor, but may be prosecuted as
either a misdemeanor or an infraction in the discretion of the City Attorney.
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C. Any person who violates the provisions of this Chapter is guilty of a
separate offense for each day, or portion thereof'*, during which the violation
continues.
D 'iolation of this Chapter that threatens to be continuing in nature is a public
nuisance which may be abated or enjoined in accordance with the law-
Section 2.- The Mayor shall sion thisordinance and the City Clerk, shall certify to
the adoption of this ordinance and shall cause it, or a surninary of it, to be published
once in the Redlands Daily Facts, a newspaper of general circulation within the City
and thereafter, this ordinance shall take effect as provided by law.
,Mayor, CityofRQd1 an d-s
ATTEST:
Ci �Clads
1, Lorric Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the 5th
day of October, 1-004, by the following vote:
AYES: Counclimembers Gil. Gilbreath, George, Harrison" Mayor Peppler
NOES- None
ABSTAIN: None
ABSENT: None
lands
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