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09/19/1985 Special MeetingCITY OF GRAND TERRACE SPECIAL MEETING AGENDA CITY COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER 22795 Barton Road * Call to Order * Pledge of Allegiance * Roll Call SEPTEMBER 19, 1985 5.30 P.M. CONVENE CITY COUNCIL 1. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE Staff Recommendations Council Action Waive full reading CITY OF GRAND TERRACE, CA, ADOPTING & ESTAB- & adopt by title LISHING RULES & REGULATIONS FOR THE USE OF CITY only PARKS & RECREATION FACILITIES 2. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE Waive full reading CITY OF GRAND TERRACE, CA, DEALING WITH NOISE & adopt by title & DECLARING THE EMISSION OF CERTAIN NOISES TO only BE A NUISANCE 3. Authorization for payment of Civic Center Arbitration Settlement ADJOURN COUNCIL APPROVAL LAUNC1L AGENDA l�'W; ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AND ESTABLISHING RULES AND REGULATIONS FOR THE USE OF CITY PARK AND RECREATION FACILITIES WHEREAS, the City of Grand Terrace and the Colton Unified School District entered into an agreement for the 3oint use of facilities and establishing priorities for the recreational activity uses of these facilities, and WHEREAS, from time to time conflicts will occur in the usage of recreational facilities and a need has been determined to exist to establish priorities for said uses and regulate the use of the City's park and recreation facilities: NOW THEREFORE, the City Council of the City of Grand Terrace does hereby ordain as follows. Section 1 That all users of City athletic facilities, including athletic fields and baseball diamonds, are hereby required to receive approval in advance from the City's Community Services Director, or his delegate, for the use of said athletic facilities. Section 2. That the Community Service Director shall establish rules, regulations and procedures for the issuance of approvals for the use of said athletic facilities, including procedures for making application for the use of said facilities Section 3 Any person(s) using said athletic facilities must yield the use of said facility to those persons who exhibit evidence reserving the use of said facility to that person for that time. That person(s) having an approved reservation for the use of the facility shall have the exclusive use of the facility during the time period for which the reservation has been approved. Section 4 Any activity or use of a City athletic facility or any ad3oining City park or recreation facility by persons who do not have approved reservation therefore, must cease the activity or use of the facility if such activity or use interferes in any way with the use or activity of persons holding approved reservations for that facility or ad3oining facilities Section 5. In the event that two or more persons hold approved reservations for an athletic facility during the same time period or overlapping time periods, then the use or activity by that person or persons having the highest priority shall prevail and any lower priority uses or activities shall yield the use of that athletic facility to those persons holding higher priority. The priorities shall be as follows: (1) Official and organized school activities; (2) City sponsored activities; (3) Those activities which do not fall within either (1) or (2); (4) As to those activities falling within (3), those persons holding an approved reservation with the earliest date of approval shall hold a higher priority for the use of the athletic facility. Section 6. Violation of this Ordinance shall be an infraction. Every violation of this Ordinance shall be an infraction and is punishable as follows. (a) A fine of $50.00 for a first violation; (b) A fine of $100.00 for a second violation of this Ordinance within a one year period; and (c) A fine of $200.00 for each additional violation of the Ordinance within a one year period. Section 7. Urgency Ordinance. This Ordinance is hereby declared to be an Urgency Measure to protect the public peace, health, safety and welfare of the community. The facts constituting this urgency are that children and other members of the community are being endangered through uncontrolled use of park and recreational facilities. Section 8 Effective Date This Ordinance shall be in full force and effect upon its adoption Section 9. Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public place within fifteen days (15) days after its passage, as designated for such purpose by the City Council. Section 10. First read and approved at a special meeting of the City Council of said City held on the 19th day of September, 1985 Y,14UND YI�C City Clerk of the City of Mayor of the City of Grand Grand Terrace and of the Terrace and of the City City Council thereof Council there of. I, ILENE DUGHMAN, City Clerk of the City of Grand Terrace do hereby certify that the foregoing Ordinance was adopted at a special meeting of the City Council of the City of Grand Terrace held of the 19th day of September, 1985 by the following vote. AYES: NOES: ABSENT: ABSTAIN: City Clerk Approved as to form City Attorney PENDING CITY t COUNCIL APIPMAL ORDINANCE NO. M'��4N v AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DEALING WITH NOISE AND DECLARING THE EMISSION OF CERTAIN NOISES TO BE A NUISANCE NOW, =ZEFORE, THE CITY COUNCIL OF )THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Intent. It is the intent of this section to protect properE esswwithin the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City. The standards set forth herein provide maximLun tolerability limits on adverse environmental effects created through excessive noise. Section 2. Violations to be an Infraction. It is hereby determined that every violation hereof is an infraction punishable as follows: (a) A fine not exceeding $50.00 for a first violation; (b) A fine not exceeding $100.00 for a second violation within a one year period; (c) A fine not exceeding $200.00 for each additional violation within a one year period. Section 3. Exemptions. The following sources of noise nuisances are exempt from the provisions hereof: (a) Emergency equipment, vehicles and devices. (b) Temporary construction, maintenance, or demolition activities between the hours of 7:00 a.m. and 8:00 p.m., except Sundays and National Holidays. Section 4. Special Activities. In addition to the exemptions provided for hereinabove, the following activities shall be exempted from the provisions provided for herein: (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 7:00 a.m. and 11.00 p.m. (b) Outdoor gatherings, dances, shows, and sporting and entertainment events, provided that said events and conducted pursuant to the approval of a Temporary Use Permit issued by the City. (c) Noises produced by mechanical devices, apparatus or equipment used, related to, or connected with emergency machinery, vehicle, 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. *1* 7 1 (d) Noise sources associated with or vibration created by construction, repair or remodeling or grading of any real property or during authorized seismic surveys, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at anytime on Sunday or a National Holiday, and provided noise levels created do not exceed the noise standards herein. (e) All devices, apparatus or equipment associated with agriculture operations provided as follows: (1) Operations to not take place between 8:00 p.m. and 7.00 a.m. on weekdays including Saturday, or at any time on Sunday or a National Holiday. (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 are as- sociated with agricultural test control through pesticide application provided the application is made in accordance with permits issued or regulations enforced by the California Department of Agriculture. (f) Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8:00 a.m. and 8:00 p.m. on any day except Sunday or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. Section 5. Prohibited Noise. No operation or activity shall cause any source of sound at any location or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the Ambient Base noise levels to exceed 60 dBA during the hours of 10:00 p.m. to 7:00 a.m. and 65 dBA during the hours of 7:00 a.m. to 10:00 p.m. In addition, the following noises are prohibited and are declared to be nuisances: (a) Peddlers Use of Loud Noise to Advertise Goods. No peddler or mobile vendor or any person in their behalf shall shout, cry out, or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance. (b) Animal Noises. No person owning or having the charge, care, custody, or control of any dog, or other animal or fowl shall allow or permit the same to habitually howl, bark, yelp or make other noises, in such a manner as to create a noise disturbance. (c) Radios, Television Sets, Musical Instruments and Similar Devices. No person shall operate or permit the operation or playing of any device which reproduces, produces or amplifies sound, (such as a radio, musical instrument, phonograph or sound amplifier) in such a manner as to create a noise *2* disturbance. The operation of any such devise between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. (d) The Sounding of Whistles, Horns, Bells or Other Such Devices. No person shall make or cause to be made the loud, sudden and unnecessary blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators or railroad locomotives, motor trucks and other transportation equipment. (e) Loading or Unloading of Trucks. No person shall create or cause to be created loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles. (f) Operation of Equipment. The operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hanimmers, derrick, steam or electric hoist, power driven saw, or any other tool or apparatus the use of which is attended by loud and excessive noise is prohibited. (g) Automotive Repair Works. No person shall do automotive repair, automotive body or fender or other work on metal objects and metal parts between the hours of 10:00 p.m. and 7:00 a.m., so as to cause loud and excessive noise. Section 6. Exterior Noise Standards. It shall be unlawful for any person at any location within the City to create any noise or allow the creation of any noise on the property arced, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on the property line of any other property to exceed the basic noise level, as hereinafter adjusted: ` (a) Basic Noise Level for accumulative period of not more than 15 minutes in any one hour . (b) Basic Noise Level plus 5 dBA for accumulative period of not more than 10 minutes in any one hour. (c) Basic Noise Level plus 14 dBA for accumulative period of not more than 5 minutes in any one hour. (d) Basic Noise Level plus 15 dBA at any time. Section 7. Declaration of Urgency. This Ordinance is hereby declared to be an Urgency Measure and is for the immediate preservation of the public peace, health and safety. The fact constituting the urgency are that the noise limit provisions contained herein have been determined to be those necessary to facilitate the safe and healthful protection of the general public of the community. Section 6. Effective Date. This Ordinance shall be in full force and effect upon its adoption. *3 * ■ i Section 9. Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public place within fifteen days (15) days after its passage, as designated for such purpose by the City Council. Section 10. Adopted at a special meeting of the City Council of said City held on the 19th day of September, 1985. City Clerk of the City of Mayor of the City of Grand Grand Terrace and of the Terrace and of the City City Council thereof. Council there of. I, ILENE DUGHMAN, City Clerk of the City of Grand Terrace do hereby certify that the foregoing Ordinance was adopted at a special meeting of the City Council of the City of Grand Terrace held of the 19th day of September, 1985 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Approved as to form. City Attorney City Clerk *4 *