HomeMy WebLinkAbout09/28/00ADJOURNED REGULAR MEETING HERMOSA BEACH CITY COUNCIL
Thursday, September 28, 2000 7:10 p.m.
MAYOR
J. R. Reviczky
MAYOR PRO TEM
John Bowler
COUNCIL MEMBERS
Kathy Dunbabin
Sam Y. Edgerton
Julie Oakes
CALL TO ORDER
ROLL CALL
CITY CLERK
Elaine Doerfling
CITY TREASURER
John M. Workman
CITY MANAGER
Stephen R. Burrell
CITY ATTORNEY
Michael Jenkins
• DISCUSSION OF ISSUES RELATING TO 4TH OF JULY ACTIVITIES
AND RELATED NOISE ISSUES.
• COMMENTS FROM TI L+' PUBLIC
b. PROPOSED ORDINANCE CHANGE REGARDING
ENFORCEMENT OF EXCESSIVE NOISE LEVELS
• CITY COUNCIL DIRECTION TO STAFF
ADJOURNMENT
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SUPPLEMENTAL
INFORMATION
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to
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P. 02/12
AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING
CHAPTER 24, NOISE CONTROL, OF 'HUE 8, HEALTH AND SAFETY
OF THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 24, Noise Control, of Title 8, Health and Safety, of the Hermosa
Beach Municipal Code is amended in its entirety to read as follows:
Sections:
8.24.010 Declaration of policy.
8.24.020 Definitions.
8:24.030 Prohibited noises general standard.
8.24.040 Prohibited noises - specific examples.
8.24.050 Exemptions.
824.060 Construction.
8.24.070 Use of Sound Amplification Equipment on Public Property.
8.24.080 Loud parties or gatherings.
8.24.090 Violation—penalty.
8.24.100 Enforcement.
8.24.110 Additional Remedies.
8:24.120 Additional Remedies - recovery of law enforcement costs for certain
repeat offenders.
Declaration of policy.
It is hereby declared to be the policy of the City of Hermosa Beach to prohibit and
control unnecessary, excessive and annoying noise and vibration in the City in order to preserve
tranquility and protect the use and enjoyment of residential and commercial property.
The following words, phrases and terms as used in this chapter shall have the meanin
indicated as follows:
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1. "City Manager" shall mean the City Managerof the City of Hermosa Beach or
the City Manager's designee.
2. "Commercial purpose" means and includes the operation of a business for
profit involving the sale or advertising of goods or services:
3, "Construction" shall mean any site preparation, assembly, erection, substantial
repair, alteration or similar action on public or private property.
4. "Emergency machinery, vehicle or alarm shall mean any machinery, vehicle
or alarm used, employed, performed or operated in response to an emergency, including but not
limited to work by private or public utilities when restoring utility service.
5. "Emergency work" shall mean any work performed for the purpose of
preventing or alleviating the physical trauma or property darnage threatened or caused by an
emergency, including but not lirnited to work by private or public utilities when restoring utility
services. -.
6. "Motor vehicles" shall include any and all self-propelled vehicles as defined in
the California Motor Vehicle Code, including all on -highway type motor vehicles subjectto
registration under this code, all off-highway type motor vehicles subject to identification under
said Code and mini -bikes, motorized scooters and go-carts.
7. "Noncommercial purpose" means the use, operation or maintenance of any
sound equipment for other than a commercial purpose. Noncommercial purpose shall mean and
include personal, philanthropic, political and charitable purposes,
8. "Person" means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
9. "Police Chief' means the police chief of the City of Hermosa Beach or his or her
designee.
10. "Sound amplifying equipment" means any machine or device for the
amplification of the human voice, music, or any other sound. Sound amplifying equipment shall
not include standard automobile radios when used and heard only by the occupants of the vehicle
in which the automobile radio is installed. Sound amplifying equipment as used in this chapter
shall not include warning devices on authorized emergency vehicles, or horns or other warning
devices on any vehicles used only for traffic safety purposes.
11."Sound truck" means any motor vehicle, or any other vehicle regardless of
motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any
sound amplifying equipment.
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13103726186
P.04/12
12. "Weekday" shall mean any day, Monday through Friday, which is not a legal
holiday.
8.24.030
Prohibited noises - general standard.
No person shall make, or cause to suffer, or permit to be made upon any premises owned,
occupied or controlled by such person, any unnecessary and unreasonable noises, sounds or
vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which
are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or
contribute to the unnecessary and unreasonable discomfort of arty persons within the
neighborhood from which said noises emanate or which interfere with the peace and comfort of
the residents or their guests, or the operators or customers in places of business in the vicinity, or
which may detrimentally or adversely affect such residences or places of business.:
8.24.040` ` Prohibited noises specific examples,
Notwithstanding any other provisions of this chapter, the following acts and the causing
or permitting thereof, are declared and deemed to be in violation of this chapter:
A. Radios, stereos, etc. The using, operating or permitting to be played, used or
operated between the hours of 10:00 p.m and 8:00 a.m. of any radio, musical instrument,
phonograph, television set, or instrument or device similar to those heretofore specifically
mentioned for the production or reproduction of sound in volume sufficiently loud as to be
plainly audible at the property line of the property from which the sound is emanating.
B. Placement of stereo speakers. The placement of speakers for the amplification of
music or any other sound (1) outdoors, or (2) in one or more windows or doorways on private
property when such speakers are directed towards an immediately adjacent public :right-of-way.
C. Band or orchestral rehearsals. The conducting of or carrying on, or allowing the
conducting or carrying on of band or orchestral concerts or rehearsals or practices between the
hours of 10:00 p.m. and 8:00 a.m. sufficiently loud as to be plainly audible at the property line of
the property from which the sound is emanating.
D. Amplified sounds from motor vehicles. Operation in a motor vehicle of any device
for the amplification of the human voice, music or other sound which makes sound clearly
audible to persons other than the occupants of such motor vehicle. This section shall not apply to
the use of horns, warning devices, and other exceptions in accordance with Sections 27000
through 27007 of the California Vehicle Code.
E. Engines, motors and mechanical devices near residential district. The sustained,
continuous or repeated operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any
motor or engine or the repair, modification, reconstruction, testing or operation of any
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FROM ICHARDS WATSON &GERSHON TO 131037261E16
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automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or
facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is
enclosed within a sound insulated structure so as to prevent noise and sound from being plainly
audible at the property line of the property from which the sound is emanating.
F. Motor vehicles. Racing the engine of any motor vehicle or needlessly bringing a
motor vehicle to a sudden start or stop.
G. Loading and unloading. Loading, unloading, opening, closing or other handling of
boxes, crates, containers, building materials, garbage cans or similar objects between the hours of
10:00 p.m. and 8:00 a.m in such a mariner as to cause noise disturbance, except for solid waste
collection by a franchised collector.
H. Non -emergency signaling devices. Sounding or permitting the sounding of any
electronically amplified signal from any bell, chime, siren, whistle or similar device, intended
primarily for non -emergency purposes, from any place between the hours of 8:00 p.m. and $:00
a.m., and in no event for more than ten consecutive seconds in any hourly period outside those
hours.
L Emergency signaling devices.
1_ The intentional sounding, or permitting the sounding, outdoors, of any
emergency signaiing device including fire, burglar, civil defense alarm, siren, whistle or similar
emergency signaling device, provided, however that testing of an emergency signaling device is
permitted between the hours 8:00 a.m. and 8:00 p.m. Any such testing shall use onlythe
minimum cycle test time_ In no case shall such test time exceed sixty. seconds. Testing of the
emergency signaling system shall not occur more than once in each calendar month.
2. Sounding or permitting the sounding of any exterior burglar or fire alarm
unless such alarm is terminated within fifteen minutes of activation_
3_ Sounding or permitting the sounding of any motor vehicle alarm unless such
alarm is terminated within five minutes of activation_
4.. Sounding or permitting the sounding of any motor vehicle alarm more than
three times of any duration in any twenty-four hour period.
J. Noises by animals. Permitting any animal that is kept or maintained upon any
premises owned, occupied or controlled by any person to emitany noise, bark, sound, or cry
which, due to the hour of day, the persistence and volume of the sound and other pertinent
circumstances interferes with the comfortable enjoyment of life and property by any individual
A violation of this section is subject to the provisions of Sections 1.01 through 1.12 of this code
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K. Leaf blowers. The use or operation or allowing the use or operation of any portable
machine powered with a combustion or gasoline engine used to blow leaves, dirt and other debris
off sidewalks, driveways, lawns and other surfaces.
L. Commercial establishments adjacent to residential property. Notwithstanding any
provision of this code to the contrary, continuous, repeated or sustained noise from the premises
of any commercial establishment which is adjacent to one or more residential dwelling units,
including any outdoor area part of or under the control of the establishment, between the hours of
10:00 p.m. and 8:00 a.m. that is plainly audible from the residential dwelling unit's property line.
8.24.050 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
A. Emergency exemption, The emission of sound for the purpose of alerting persons to
the existence of an emergency or the emission of sound in the performance of emergency work.
For the purposes of this section, "emergency" means a condition that constitutes an immediate
threat to public safety, health or welfare or to property
B. Warning devices. Warning devices necessary for the protection of public safety,
such as police, fire and ambulance sirens and train horns.
C_ Outdoor activities. Activities conducted on public playgrounds, fully licensed and
approved child day care facilities within residential areas as permitted by law, and public or
private school grounds, including but not limited to school athletic and school entertainment
events.
D. Outdoor gatherings, public dances, shows and sporting events. Provided the
events are conducted pursuant to a permit issued by the City Manager.
8,2.4.060 Construction.
A. Permissible hours of construction. It is unlawful for any person within a residential
zone, or within a radius of five hundred (500) feet therefrom, to operate equipment or perform
any construction or repair work of any kind upon, or excavating for, any buildings, structures or
projects for which a building permit is required pursuant to this municipal code, or to operate any
pile driver, concrete pump, skip loader, jack hammer, backhoe, gasoline powered cement mixer,
crane, ,22 caliber nailing gun, steam or electric hoist, air compressor, power -driven drill or saw,
excavator, riveting machine or other construction type device which makes a loud noise audible
at the subject property boundary between the hours of 7 p.m. and 8 a.m_ of the next day, Monday
through Friday; before 9 a.m. and after 5 p.m. on Saturday; and, before 10 a.m. and after 2 p.m_
on Sunday and national holidays unless written permission, as set forth herein, has been duly
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P.07/12
obtained beforehand from the building official: These provisions shall not apply to emergency.
work as defined is Section 8.24.020. The hours of operation, with name and telephone number
of the general contractor, shall be posted on the job site at all times.
B. Posting of notice. Prior to performing any building construction activity as set forth
in subsection (A) of this section and as a condition to maintaining a valid building permit, there
shall be posted and at all times maintained at a prominent location adjacent to the public right-of-
way next to the construction site a notice, to be provided by the city at the time of issuance of a
building permit, in substantially the following form:
Construction activity prohibited except between the hours of 8:00 a.m. and 7:00 pm. of
each day: [I-IBMC Seca 8.24.060]
Failure by the property owner and/or contractor to post; and maintain this notice after receiving
twenty-four (24) hours' written or oral notice from the city or the violation of subsection (A) of
this section shall constitute, severally, for each and every violation, an infraction, punishable as
provided in this code, except that after the second violation such provision may, in the discretion
of the city attorney or city -prosecutor, be prosecuted as a misdemeanor pursuant to this code.
C. Special circumstances. The building official may grant an exception to the
provisions of this section in accordance with the procedures set forth below. Upon receipt of an
application in writing therefor stating the reasons for the request and the facts upon which such
reasons are based, the building official may grant such permission if he or she finds that:
1 The work proposed to be done is in the public interest; or
2. Unusual hardship, injustice or unreasonable delay would result from
adherence to g the hours and days specified above; or
Any person dissatisfied with the decision of the building official may forthwith
appeal to the city council.
Construction, repair or excavation which qualifies as emergency work and which
must be accomplished during prohibited hours during such hours as the offices of the city are
closed or where such necessity requires immediate action prior to the time at which it would be
possible to obtain the building official approval, may be performed provided that the persons
doing such construction, repair or excavation obtain a permit therefor within one clay after the
office of the building official is first opened subsequent to the making of such construction,
repair or excavation.
D. Utilities exemption.The .provisions of this section do not apply to construction,
repair or excavation by a public utility which is subject to the jurisdiction of the public utilities
commission and where such work is necessary for the immediate preservation of the public
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health, safety, or welfare and where such necessity makes it necessary to construct, repair or
excavate during the prohibited hours.
E. City exemption. The provisions of this section do not apply to public works which
are authorized by the City.
8.24.070 Use of Sound Amplification Equipment on Public Property
A. Application required. It is unlawful for anyperson, other than personnel of law
enforcement and government agencies, to install, use or operate within the city a loudspeaker or
sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for
the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to
any persons or assemblages of persons in or upon any street alley, sidewalk park, place or public
property without first filing an application and obtaining a permit therefor as set forth in the
following paragraphs-
B. Filing application. Every user of sound amplifying equipment shall file an
application with the chief of police at least ten days prior to each date or each consecutive
number of days on which the sound amplifying equipment is intended to be used The
application shall contain the following information:
1. The name, address and telephone number of both the owner and responsible party for
the property where the sound amplifying equipment shall be used;
2. The address where the sound amplifying equipment will be used;
1 The date(s) and day(s) on which the sound. amplifying equipment will be used;
4. The times when the sound amplifying equipment will be used;
5. The type of activity and the estimated =fiber of persons who will attend;
6. A general description of the sound amplifying equipment which is to be used;
7. Whether the sound amplifying equipment will be used for commercial or
noncommercial purposes;
8. Other information deemed necessary by the chief of police or his designee to
determine the levels, location and duration of the use of sound amplifying equipment.
C. Approval of permit. The chief of police shall approve the application unless he or
she finds that;:
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1. The conditions of motor vehicle or pedestrian movement are such that use of the
equipment would constitute a detriment to traffic safety; or
2. The issuance of the permit would be otherwise detrimental to the public health, safety
or welfare; or
3. The issuance of the permit will substantially interfere with the peace and quiet of the
neighborhood or the community; or
4. The applicant would violate the provisions of this code or of any other law.
D. Conditions of approval. The chief of police may impose such conditions on the
operation to be conducted under the permit as he or she may deem necessary or proper to ensure
that the city's noise regulations are followed and that the operation of the sound equipment will
not invade the privacy of others, There shall be no conditions placed on any permittee as to the
type of message or the content of the communication proposed to be amplified.
E. Appeals. Any person aggrieved by disapproval of an application may appeal to the
city council within ten calendar days from the date of notification of decision.
F. Permit fee. Prior to the issuance of the permit, a permit fee in an amount fixed by
resolution of the city council per day, or any portion thereof, shall be paid to the city. No fee
shall be paid by any nonprofit organization.
8.24.080. Loud parties or gatherings.
A. When a party or gathering of two or more persons on private noncommercial
property is determined by a law enforcement officer at the scene to constitute a violation of the
California Penal Code or the Hermosa Beach Municipal Code, or is otherwise a threat or
detrimental to the public peace, health, safety or welfare due to the magnitude of the crowd or its
unruly behavior, or is generating noise and disturbance in violation of this Chapter, or is causing
excessive traffic in the neighborhood , then the Police Department shall take such actions and
give such direction as is necessary to investigate or abate the violation or condition and shall
advise the responsible person orally and in writing that, if additional law enforcement (which
term includes Fire Department) personnel are required to respond to abate the condition, the
responsible person and the owner or occupant of the property shall be held liable for the cost of
providing such services. Such direction and advice shall be given to the person responsible for
the party or gathering or to the owner or occupant of the property involved.
B. If the condition is not voluntarily abated in the time period requested and if
additional city or law enforcement (which term includes Fire Department) personnel are required
in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally
parked vehicles or otherwise respond, then the responsible person and the owner or occupant of
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the property shall be required to reimburse the city for costs pursuant to Section 8.24.120 of this
code.
C. These requirements shall be supplemental to any other city requirements
regarding noise level, including those found in conditional use permits. In the event of a conflict
between the noise standards in this chapter and any other city requirements, the stricter standard
shall apply.
8.24.090 Violation -penalty.
Any person violating any provisions of this chapter shall be deemed guilty of an
infraction of the law as set forth in Section 36900 of the Government Code of the State of
California. and may be prosecuted in the name of the people of the state of California. Every
violation of the chapter determined to be an infraction is punishable pursuant to the provisions of
Section 36900 of the Government Code, as incorporated in Sections 1.01 through 1.12, and in
accordance with the current fine/bail schedule in effect and approved by the presiding judge of
the municipal court.
8.24.100 Enforcement.
A violation of this chapter is subject to the administrative penalty provisions of Sect ions
1.01 through 1.12 of this code. The City Manager shall have primary responsibility; with such
assistance of the Police Department as maybe necessary or desirable, for the enforcement of the
noise regulations contained herein. Nothing in this chapter shall preclude the City Manager from
seeking to obtain voluntary compliance by way of warning, notice or informational materials.
8.24.110 Additional remedies.
A. Motor vehicle alarms - deactivation. In addition to the remedies set forth in this
chapter, the Police Department may undertake such procedures as are reasonably necessary to
deactivate a motor vehicle alarm generating noise hi violation of this chapter. If the Police
Department is unable to deactivate the alarm, the law enforcement officer may cause the motor
vehicle to be removed according to the procedure set forth in Section 22651.5 of the California
Vehicle Code.
B. Motor vehicle - retmovaL Any costs associated with the removal or storage of a
motor vehicle pursuant to subsection (A) of this section and any costs incurred by the city in
connection therewith shall be paid by the registered owner of the motor vehicle.
C. Operation or maintenance of other machinery. The operation or maintenance of
any device, instrument, equipment, vehicle or machinery in violation of any provisions of this
chapter, and persistent animal noise in violation of this chapter shall be deemed, and is declared
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FROMOICHARDS.WATSON & GERSHON TO 1 03726186 P.11/12
RA .
to be, a public nuisance and may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction.
8.24.120 Additional remedies - recovery of law enforcement costs for certain
repeat offenders.
A. This section shall apply to the following:
1. The animal owner or custodian who has received more than one citation
pursuant to subsection (J) of Section 8.24.040;
2. The person or persons responsible for a party or gathering described in Section
8.24.080, or the owner or occupant of the property on which the party or gathering is held, or, if
any such person is a minor, the parents or legal guardians of the minor.
B. The persons denoted insubsection (A) of this section shall be
liable for the following costs incurred by the city:
ointly and severally
1. The actual cost to the city of law enforcement (which tens includes Fire
Department) services, excluding the initial response provided by city or law enforcement (which
term includes Fire Department) personnel, necessary to abate a violation of Section 8.24.080;
2. Damage to public property resulting from such law enforcement (which term
includes Fire Department) response; and
3. Injuries to any city personnel or law enforcement (which term includes Fire
Department personnel involved in such law enforcement (which term includes Fire Department,
response.
C. The Police Department shall 'accurately compute the cost of providing such services in
accordance with the schedule of rates and charges for personnel and equipment contained in the
law enforcement services agreement and advise the City Manager of such costs as well as any
other costs of damage to public property or injuries to personnel resulting from the law
enforcement (which term includes Fire Department) response. The City Manager shall bill said
costs (and any additional such costs of the city) to the person or persons specified above in
subsection (A) of this section. Payment shall be due and payable within thirty (30) days of the
billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and
costs incurred in its collection, pursuant to all applicable provisions of law.
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• 1frW?T
D. The remedies set forth in this section are not exclusive and may be used in addition to,
those set forth elsewhere in this code or by law."
PASSED, APPROVED AND ADOPTED this _ day of , 2000,
President of the City Council and
Mayor of the City of Hermosa Beach
A'l`LEST:
City Clerk
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jt, i
THE NORTH END BAR & GRILL
HERMOSA BEACH, CALIFORNIA
August 23, 2000
Mr. Steve Burrell
City Manager
City of Hermosa Beach
RE: Alleged Noise Level at the North End
Dear Steve,
On 5/26/00, Officer Lance Heard contacted me regarding noise complaints about the
North End. A few days later, Sergeant Heard and I met to discuss the following solutions
to this problem:
> Hire a doorman to make sure people outside smoking in front of building keep
noise to a minimum (since then I've hired two doormen)
> Instruct doormen to close all windows and/or at least one front door after
10:OOpm
• Have jukebox owner adjust volume level not to exceed excessive levels (see
letter dated August 14, 2000 from Tri -City Amusement Company)
> Told Sergeant Heard I would personally monitor the above solutions to insure
implementation on Friday and Saturday nights
In addition to the above, Sergeant Heard has the North End phone number along with my
home number to freely give out to anyone who may have a complaint.I also mentioned I
would be glad to meet with any one person or persons to discuss complaints. A few
weeks later, Sergeant . Heard said he would set up a meeting with person/persons
complaining but at the last minute they declined.
I received a phone call from Val Straser regarding a letter of complaint and I met with
him the next day. I informed him I was working with Sergeant Heard for the past two
months. Captain Straser said he would check with Sergeant Heard and call me the
following week. Subsequently, Captain Straser called back and said he met with
Sergeant Heard and was informed that I was doing everything I previously outlined with
him earlier and that he thought the noise level was down considerably.
I've spoken with the neighbors from the five houses directly across and to the neighbor
directly to the right of the North End and they have not experienced any problems with
noise coming from the bar. They also indicated, if need be, they will put in writing to
that effect.
Finally, I've given person/persons who are complaining the North End and my home
number and have asked to meet to discuss further but to this day no one has called me
back at either number or chose to meet with me. The person/persons continue to
complain directly to the police department, therefore, I feel they are trying to create a
situation where no situation exists.
Sincerely,
Tom Amorosi
Proprietor
The North End Bar & Grill
cc: Captain Val Straser
TA/jd
'Co
•
AMUSEMENT CO.
JUKE BOXES
POOL TABLES
AMUSEMENT MACHINES
2501 Artesia Blvd.
Redondo Beach. California 90278
Phone 370-6331
/30A46-A:til,
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