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Home My WebLink About99 ORDINANCE NO. 99 t AN 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, THEREFORE, 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 propertie—s within the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City. 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. Any person creating any noise as hereinafter prohibited is in violation of this Ordinance; in addition, any person in possession of property, who directly or indirectly allows the creation of prohibited noises on such property, is in violation of this Ordinance. Section 3. Unlawful Noises. It is unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary and excessive noise which disturbs, offends, injures or endangers the peace, quiet, comfort, repose, health, or safety or any neighborhood or person within the limits of the City. Section 4. Exemptions. There is exempted from the provisions of this section the use of horns, sirens, or other signalling or warning devices by persons vested with legal authority to use the same and in pursuit of their lawful duties, such as on ambulances, fire, police or other governmental or official equipment. There is also exempted, in like manner, such noises as are a natural accompaniment and effect of a lawful business, commercial or industrial enterprise carried on in an area zoned for that purpose except as otherwise provided for herein; however, such noises must be reasonable and not fall within the prohibited noisecategories as hereinafter set forth in Section 6. Section 5. Special Activities. In addition to the exemptions provided for hereinabove, the following activities shall be exempted from the provisions provided for herein: -1- (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 Permits 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. (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. (e) All devices, apparatus or equipment associated with agriculture operations provided as follows : (1 ) Operations do not take place between 8: 00 p.m. and 7: 00 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 are as- sociated 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. (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 6. Prohibited Noise. 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 howl, bark, yelp or make other noises, in such a manner as to create a noise disturbance. -2- (c) Loud and Boisterous Yelling, Shouting, Whistling or Singing. No person shall yell, shout, whistle or sing in a loud and boisterous manner on the public streets so as to disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence, or neighborhood. (d) Radios, Television Sets, Musical Instruments, Phonographs and Similar Devices. No person shall use, operate or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet or comfort of neighboring persons, or an any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or other enclosure in which such machine or device is operated, and who are voluntary listeners thereto; the operation of any such set, instrument, phonograph, machine or device between the hours of 10: 00 p.m. and 7: 00 a.m. in such a manner as to be loud or execessive 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. (e) 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 of railroad locomotives, motor trucks and other transportation equipment; the doing of such acts between the hours of 10:00 p.m. and 7: 00 a.m. in such a manner as to be loud or excessible at a distance of fifty feet from locomotives, motor trucks or other transportation equipment being operated shall be prima facia evidence of a violation of this Section. (f) 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, so as to disturb the peace and quite of adjacent residential neighborhoods, between the hours of 10: 00 p.m. and 7: 00 a.m; the loading or unloading in such manner as to create noises which are loud or excessive at a distance of fifty feet from the trucks or vehicles being unloaded shall be prima facie evidence of a violation of this Section. (g) 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 hammers, derrick, steam or electric hoist, power driven saw, fork lifts, milling equipment, other tools or apparatus the use of which is attended by loud and excessive noise, or the movement of tractors, tractor trucks, or large trucks on property adjacent to residences is -3- prohibited; the operation of such equipment between _ the hours of 10: 00 p.m. and 7: 00 a.m. in such a manner as to be loud or excessive at a distance of fifty feet from the equipment being operated shall be prima facie evidence of a violation of this Section. However, it is not the intent of this Section to prohibit the direct movement of trucks on or off of property, at any time; provided however, that such movement directly on or off of the property shall not be within fifty (50 ) feet of an occupied residence. (h) 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. , in or adjacent to any residential district, so as to cause loud and excessive noise which disturbs the peace and quiet of the residential neighborhood; the doing of such activities as are herein prohibited in such a manner as to be loud or excessive at a distance of fifty feet from where such prohibited activity is being done shall be prima facie evidence of a violation of this Section. Section 7. Effective Date. This Ordinance shall be in full force and effect at 12 :01 a.m. on 31st day after its adoption. Section 8. Posting. The City Clerk shall cause this Ordinance to be posted in three (3 ) public places, designated for such public purpose by the City Council, within fifteen (15 ) days after its passage. Section 9. First read at a regular meeting of the City Council of said City held on the 13th day of February , 1986 , and finally adopted and ordered posted at a regular meeting of said City Council on the 27th day of February 1986. ATTEST: N�h�& City Clerk of e City of Mayor of the ity of Gra d Grand Terrac and of the Terrace and o the City City Council thereof. Council thereof. -4- I, ILENE DUGHMAN, City Clerk of the City of Grand Terrace do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27th day of February 01 1986 by the following vote: AYES: Councilmembers Matteson, Petta; Mayor Grant NOES: Councilmembers Pfennighausen, Evans ABSENT: None ABSTAIN: None ity Clerk Approved as to form: b � , 4, 1-1 City Attorney -5-