HomeMy WebLinkAboutORD-07-1285 (AMENDING NOISE ORDINANCE)1
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ORDINANCE NO.07-1285
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE NOISE ORDINANCE AND FURTHER ESTABLISHING
A PERMIT SYSTEM FOR SPECIAL EVENTS ON PRIVATE PROPERTY,
AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.24.010 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal
Code is amended to read as follows:
8.24.010 Purpose and Findings.
The City is a densely developed community. Residential dwelling units are located in
close proximity to one another and commercial activities often adjoin residential housing. This
pattern of land use development makes it almost inevitable that everyday noise will be audible to
one degree or another. The purpose of this Chapter is to strike a balance between normal,
everyday noises that are unavoidable in an urban environment and those noises that are so
excessive and annoying that they must be curtailed in order to protect the comfort and tranquility
of all persons who live and work in the City.
SECTION 2. Section 8.24.030 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal
I Code is amended to read as follows:
8.24.030 Prohibited Noises — General Standard.
Unless otherwise permitted in this Chapter, no person shall make, permit to be made or
cause to suffer any noises, sounds or vibrations that in view of the totality of the circumstances are
so loud, prolonged and harsh as to be physically annoying to reasonable persons of ordinary
sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the
vicinity. When considering whether a noise, sound or vibration is unreasonable within the
meaning of this section, the following factors shall be taken into consideration:
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A. The volume and intensity of the noise, particularly as it is experienced within a
residence or place of business;
B. Whether the noise is prolonged and continuous;
C. How the noise contrasts with the ambient noise level;
D. The proximity of the noise source to residential and commercial uses;
E. The time of day; and
F. The anticipated duration of the noise.
SECTION 3. The first paragraph of Section 8.24.070 of Title 8, Chapter 8.24 of the
Hermosa Beach Municipal Code is amended to read as follows:
The following provisions apply to any party or other gathering of people on private
property that is determined by a law enforcement officer at the scene to constitute a threat to
public peace, health and safety or a violation of this Code or State law due to the magnitude of the
crowd, the volume of noise, the level of disturbance to the surrounding neighborhood, unruly
behavior, excessive traffic or destruction of property generated by the party or gathering. The
provisions of this section are inapplicable to a party or gathering authorized by a permit issued
pursuant to Section 9.28.020.
SECTION 4. Chapter 9.28 of Title 9 of the Hermosa Beach Municipal Code is amended
to read as follows:
Chapter 9.28
Parties, Events and Gatherings on Private Property
9.28.010. Parties Advertised and Open to the Public Prohibited
It shall be unlawful for any person to conduct or hold in any residence any parry,
gathering, event or dance at which live or recorded music is provided which is open to the general
public and: (1) for which admission is charged, or (2) for which brochures, posters or handbills
advertising the party or dance are distributed or posted, or other advertisement made or published,
or (3) at which a charge is made for refreshments.
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).28.020 Permits for Special Events on Private Property
A resident of the City may obtain from the Police Department a maximum of two permits
per calendar year per household in order to conduct a special event, party or gathering at the
resident's residence pursuant to the provisions of this section.
A. A permit must be requested not less than ten (10) days prior to the date of the event on
an application form provided by the Police Department. The application form shall be
accompanied by a filing fee in an amount determined by resolution of the City Council to recover
the City's costs associated with processing the application and issuing the permit.
B. Upon receipt and review of a complete application and filing fee, the Police
Department shall issue the permit provided that no more than two permits are issued to the same
residential address in a calendar year. The Police Department may impose conditions on the
permit, in addition to those set forth below in this section, deemed necessary to protect against the
event becoming a nuisance to the surrounding neighborhood due to the number of people in
attendance, the amount of traffic to be generated, the type and volume of amplified music or
entertainment to be utilized and other similar considerations. Conditions shall take into account
the size of the residential property, the capacity of the street on which it is located, the availability
of parking and the proximity to neighbors.
C. The following mandatory requirements and conditions shall apply to all permits issued
pursuant to this section:
1. A permit will be issued only upon receipt of a deposit, in the form of cash or
cashier's check, in the amount of $500. The deposit, or any portion thereof, shall be forfeited to
the City in order to recover any costs incurred to enforce the conditions of the permit in the event
of a violation of the permit or the provisions of this section. Any unused portion of the deposit
will be returned to the permittee within ten (10) days of the conclusion of the event. Should the
City's costs of enforcement exceed the amount of the deposit, the remainder shall constitute a civil
debt due and owing the City and recoverable in any manner provided by law.
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2. Amplified music and live entertainment shall be permitted notwithstanding the
provisions of Chapter 8.24 for a maximum duration of four hours (start to finish) and shall cease
no later than 11:45 p.m. on Friday and Saturday nights, and 9:45 p.m. on Sundays. The event
shall conclude not later than 12:00 midnight on Friday and Saturday nights, and 10:00 p.m. on
Sundays.
3. Noise emanating from the event shall not exceed 95 dBA at the property line at
any time during the event.
4. Permits shall be issued for events occurring only between 5:00 p.m. Fridays
through 10:00 p.m. Sundays.
5. The permit will be issued only to a resident 21 years of age or older. The
permittee shall be physically on the property during the entire duration of the event.
6. Permits will be issued solely for events for which there is a specific invitation
list. In no event will a permit be issued for parties, gatherings or events open or advertised to the
general public.
7. Upon receipt of a permit, and at least 72 hours prior to the event, the permittee
shall notify all residents within a 300 foot radius of the property of the location, date and time of
the event and the telephone number of the permittee.
8. Permits shall not be issued on St. Patrick's Day, July 4"', Cinco de Mayo and
New Years Eve or on any other date where the Police Department determines that the number of
permitted events or the scheduling of other activities in the City will exceed the capacity of the
Department adequately to protect public safety.
D. A permit issued pursuant to this section may be revoked and the event ordered
concluded at any time during the course of the event by the highest ranking police officer on duty
at the time upon determination that the event is causing a violation of State law or is violating one
or more conditions of approval, or a determination that the event has become a threat to public
safety.
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SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city; shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
SECTION 6. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided'
by law.
PASSED, APPROVED and ADOPTED this 14th day of August, 2007 by the following vote:
AYES:
Bobko, Edgerton, Reviczky, Tucker
NOES:
Mayor Keegan
ABSENT:
None
ABSTAIN:
None
1 ATTEST:
City Clerk
of the City of Hermosa Beach, California
jjfle wbl..Y11-191Tecu
Y "' -
City Attorney
5 o7-its:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1285 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 14th of August 2007, and said
ordinance was published in the Easy Reader newspaper on August 23, 2007.
The vote was as follows:
AYES: Bobko, Edgerton, Reviczky, Tucker
NOES: Mayor Keegan
ABSENT: None
ABSTAIN: None
DATED: September 11, 2007
City Clerk
CITY OF HERMOSA BEACH
POLICE DEPARTMENT
540 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0360 Fax (310) 798-8926
RESIDENTIAL EVENT
APPLICATION and PERMIT
(Hermosa Beach Municipal Code Chapter 9.28)
Permit applications must be filed with the Hermosa Beach Police Department
at least ten (10) days prior to the date of event and must be accompanied by
the appropriate filing fee.
Name of Applicant:
Date of Birth:
Applicant Address:
Applicant Phone Number: Home:
Brief Description of Event:
Date of Event:
Event Start Time:
of
OF EVENT)
Cell:
Anticipated End Time:
Adults U I MinorsF] I Mixed
ATTACH A COPY OF THE GUEST LIST TO THIS APPLICATION.
(Guest list will be destroyed within 5 days of the calendared event.)
Parties that are open to the public or where an admission fee is charged
are not permitted under the Hermosa Beach Municipal Code.
Page 1 of
CITY OF HERMOSA BEACH
POLICE DEPARTMENT
b
540 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0360 Fax (310) 798-8926
RESIDENTIAL EVENT
APPLICATION and PERMIT
(Hermosa Beach Municipal Code Chapter 9.28)
Contact Name in case of emergency:
es rtg state & ZFPT-
Home: Cell:
Landlord or Management Company:
applicable)
tY a ip
Day Phone: Evening Phone:
Please describe the parking arrangements for guests (valet service, street parking, etc).
If using a valet company, please describe where the vehicles will be parked.
USE SEPARATE SHEET IF NECESSARY
Please describe any entertainment that will be provided (include information on
the length of time that the entertainment will be performed, use of any
amplification equipment, and number of performers).
USE SEPARATE SHEET IF NECESSARY
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CITY OF HERMOSA BEACH
POLICE DEPARTMENT
`e 540 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0360 Fax (310) 798-8926
RESIDENTIAL EVENT
APPLICATION and PERMIT
(Hermosa Beach Municipal Code Chapter 9.28)
Please describe sanitary facilities to be provided, if any:
(number of restrooms or portable toilets)
USE SEPARATE SHEET IF NECESSARY
Please describe the security arrangements, if any:
USE SEPARATE SHEET IF NECESSARY
Is event indoor or outdoor Indoor ❑ Outdoor ❑
Will alcohol be served? YES ❑ NO ❑
What is the distance to the nearest residence?
Please attach copy of notification that will be issued to neighbors.
(At least 72 hours before the event, perm ittees must notify all residents within a
300 foot radius of the event location about the event, including the date, tizzze and
provide a telephone number for the permittee. Please contact the Hermosa
Beach Community Development Department at 310-318-0239 for questions
concerning the 300 foot radius.
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CITY OF HER.MOSA BEACH
W
POLICE DEPARTMENT
540 Pier Avenue, Hermosa Beach, CA 90254
_
:
(310) 318-0360 Fax (310) 798-8926
RESIDENTIAL EVENT
APPLICATION and PERMIT
(Hermosa Beach Municipal Code Chapter 9.28)
Permit Conditions:
Permittee must be physically present on the property during the entire duration of
the event.
Event must conclude at:
Amplified music and/or amplified noise must conclude at:
Additional Conditions:
I CERTIFY THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE. ALL FEES, CHARGES AND
OTHER MATERIAL WILL BE PAID AND OR FURNISHED TO THE POLICE
DEPARTMENT AS SET FORTH IN THE HERMOSA BEACH MUNICIPAL CODE.
ignatUre of Applicant)ate
o ice eparttnent ate
Distribution:
Watch Commander; South Bay Regional Communications Center
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