271 ORDINANCE NO. 271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, AMENDING SUBSECTION (A) OF SECTION
8.04.020 (DECLARATION OF NUISANCE), WITH THE ADDITION OF A
SUBPART 26; REPEALING AND REPLACING SECTIONS 8.108.020
(UNLAWFUL NOISE), 8.108.030 (EXEMPTIONS), 8.108.040 (SPECIAL
ACTIVITIES) AND 8.108.060 (VIOLATIONS TO BE AN INFRACTION)
OF CHAPTER 8.108 (NOISE) OF TITLE 8 (HEALTH AND SAFETY) OF
THE GRAND TERRACE MUNICIPAL CODE PERTAINING TO
UNLAWFUL NOISE AND PUBLIC NUISANCES.
WHEREAS, Article XI, Section 7 of the California Constitution permits cities to make
and enforce within its limits all local, police, sanitary and other ordinances and regulations not in
conflict with general laws; and
WHEREAS, the Legislature, in Health and Safety Code Section 46000, has classified
excessive noise as a serious hazard to the public health and welfare; and
WHEREAS, the Legislature, in Health and Safety Code Section 46000, has declared
that all Californians are entitled to a peaceful and quiet environment without the intrusion of
noise which may be hazardous to their health or welfare; and
WHEREAS, cities are empowered to declare what constitutes a nuisance under
Government Code Section 38771; and
WHEREAS, cities are empowered to abate public nuisances under Civil Code Section
3494; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE GRAND TERRACE DOES
ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all the facts, findings, and conclusions set
forth above in this Ordinance are true and correct.
SECTION 2: The City Council hereby finds that the proposed Code amendment will
not have a direct and significant impact on the environment, and thus is exempt under
Section 15061(b) (3), General Rule. The general rule states that the California Environmental
Quality Act (CEQA) applies only to projects that have the potential for causing a significant
effect on the environment.
SECTION 3: Subsection (A) of Section 8.04.020 (Declaration of Nuisance) of Chapter
8.04 (Nuisance Abatement) of Title 8 (Health and Safety) of the Grand Terrace Municipal
Code is hereby amended with the addition of a Subpart 26 as follows:
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26. When excessive noise, as defined in Sections 8.108.020 and 8.108.050, occurs
) or is allowed to occur on any property within the City or outside the City.
SECTION 4: Section 8.108.020 (Unlawful Noises) of Chapter 8.108 (Noise) of Title 8
(Health and Safety) of the Grand Terrace Municipal Code is hereby repealed and replaced
with the following: .
Section. 8.108.020 Loud, Annoying, Excessive and Unnecessary Noises
Prohibited.
A. It shall be unlawful for any person to willfully make or continue, or cause to be
made or continued, any excessive or unreasonable noise that disturbs the
peace or quiet of any property within the City or which causes discomfort or
annoyance to any reasonable person of normal sensitivities residing in the
area.
B. Irrespective of whether the noise originates within the City or outside the.City,
the standard that may be considered in determining whether excessive noise
exists may include, but not be limited to, the following:
1. Whether the noise can be heard over one hundred (100) feet from the
property line where the source of the noise is located;
2. The level of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise of natural or unnatural;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise
emanates or is heard in;
9. The time of the day and night the noise occurs; - -
10. The duration of the noise, including whether it is of a temporary or short-
term nature;
11. Whether the noise is recurrent, intermittent, or constant;
12. Whether the noise is produced by a commercial or noncommercial
activity; and
_ ) 13. Whether the noise produces vibrations that are felt or heard.
Ordinance No:-271 Page 2 of 5 .
(Declaration of Nuisance) of Chapter
8.04 (Nuisance Abatement) of Title 8 (Health and Safety) of the Grand Terrace Municipal
Code is hereby amended with the addition of a Subpart 26 as follows:
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-' C. Any law enforcement officer, code enforcement officer, or other employee or
official designated by.the City Manager who hears excessive noise or sound as
defined in this Chapter that is plainly audible, in violation of this Chapter, may
enforce this chapter and shall assess the noise or sound according to the
following standards:
1. The primary means of detection shall be by means of the official's
normal hearing faculties, not artificially enhanced.
2. The official shall first attempt to, have a direct line of sight and hearing to
the vehicle or real property from which the sound or noise emanates so
that the official can readily identify the offending source of the-sound or
noise and the distance involved. If the official is unable to have a direct
line of sight and hearing to the vehicle or real property from which the
sound or noise emanates, then the official shall confirm the source of the
sound or noise by approaching the suspected vehicle or real property
until the official is able to obtain a direct line of sight and hearing, and _
confirm the source of the sound or noise that was heard at the place of
the original assessment of the sound or noise.
3. The official need not be required to identify words, song titles, artists, or
lyrics in order to establish a violation.
SECTION 5: Section 8.108.030 (Exemptions) of Chapter 8.108 (Noise) of Title 8
(Health and Safety) of the Grand Terrace Municipal Code is hereby repealed and replaced
with the following: ' V
Section 8.108.030 Exemptions.
There is exempted from the provisions of this chapter the use of horns,sirens or other
signaling or warning devises by persons vested with legal authority to use the same
and in pursuit of their lawful duties, such as on ambulances, fire, police and other
governmental or official vehicles.
SECTION 6: Section 8.108.040 (Special Activities) of Chapter 8.108 (Noise) of Title 8
(Health and Safety) of the Grand Terrace Municipal Code is hereby repealed and replaced
with the following:
Section 8.108.040 Special activities.
In addition to the exemptions provided for in Section 8.108.030, the following activities
shall be exempted from the provisions of this chapter:
A. City or school approved activities conducted on public parks, public
playgrounds and public or ,private school grounds including but not limited to
athletic and school entertainment events between the hours of seven a.m. and
eleven p.m.
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B. Noises produced by mechanical devices, apparatus or equipment used, related
to, or connected with emergency machinery, vehicles, work or warning alarm or
bell, provided the sounding of any bell or alarm on any building or motor vehicle
shall terminate its operation within thirty minutes in any hour of its being
activated.
C. Noises sources associated with or vibration created by construction, repair or
remodelling or grading of any real property or during authorized seismic
surveys, provided said activities do not take place between the hours of eight
p.m, and seven a.m. on weekdays, including Saturday, or at any time on
Sunday or a national holiday.
D. All devices, apparatus or equipment associated with agricultural operations
provided as follows:
1. Operations do not take place between eight p.m. and seven a.m.
2. Such operations .and equipment are utilized for protection or
salvage of agricultural crops during periods of potential or actual
frost damage or other adverse weather conditions.
3. Such operations and equipment associated with agricultural pest
control through pesticide application provided the application is
made in accordance with permits issued or regulations enforced
by the California Department of Agriculture.
E. Noise sources associated with the maintenance of real property provided the
activities take place between the hours of eight a.m. and eight p.m. on any day
except Sunday or between the hours of nine a.m. and eight p.m. on Sunday.
SECTION 6: Section .8.108.060 (Violations to be an infraction) of Chapter 8.108
(Noise) of Title -8. .(Health. and, Safety): of the Grand- Terrace Municipal Code is hereby
repealed and replaced with the following:
SECTION 8.108.060 — Penalty for Violation.
Violations of this Chapter shall be enforced and be punishable as set forth in Chapter
1.16 (General penalties) of the Grand Terrace Municipal Code.
_SECTION 7: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance, is for any reason held to be,invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Grand Terrace hereby declares that it -
would have adopted this Ordinance, and each section, subsection, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases may be declared invalid or unconstitutional.
Ordinance No.271 Page 4 of 5
SECTION 8: The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published in the same manner, required by law. This
Ordinance shall become effective thirty (30) days from and after its passage.
PASSED, APPROVED, and ADOPTED this 10 day of September , 2013.
ATTEST:
ta
City.Cl�f the .,ityof Gr.� �• Terrace Mayor o e City of Grand Terrace
and of the City Council ther-f and of the City Council thereof
I, Tracey-Martinez, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council on the 27 of
Augusts o._ 2013, and adopted at a regular meeting of the City Council of the City of Grand
Terrace held on the 10 day ofseptembe013, by the following vote:.
' AYES: Councilmembers Robles, Mitchell and McNaboe; Mayor Stanckiewitz
NOES: None
ABSENT:. Mayor Pro Tem Sandoval
ABSTAIN: None
lttc.c� 2`1 sQc
Tracey MMine ; City Clei
Approved as to form:
ichard L. Adams II, City Attorney . _.
Ordinance No.271 Page 5 of 5
ipment associated with agricultural pest
control through pesticide application provided the application is
made in accordance with permits issued or regulations enforced
by the California Department of Agriculture.
E. Noise sources associated with the maintenance of real property provided the
activities take place between the hours of eight a.m. and eight p.m. on any day
except Sunday or between the hours of nine a.m. and eight p.m. on Sunday.
SECTION 6: Section .8.108.060 (Violations to be an infraction) of Chapter 8.108
(Noise) of Title -8. .(Health. and, Safety): of the Grand- Terrace Municipal Code is hereby
repealed and replaced with the following:
SECTION 8.108.060 — Penalty for Violation.
Violations of this Chapter shall be enforced and be punishable as set forth in Chapter
1.16 (General penalties) of the Grand Terrace Municipal Code.
_SECTION 7: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance, is for any reason held to be,invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Grand Terrace hereby declares that it -
would have adopted this Ordinance, and each section, subsection, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases may be declared invalid or unconstitutional.
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