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CC 20170117 04 Noise OrdRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/17/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to adopt an Urgency Ordinance and introduce an Ordinance that establishes a Citywide Noise Ordinance (Case No. ZON2017-00015). RECOMMENDED COUNCIL ACTION: (1) Adopt Ordinance No. U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING CHAPTER 9.02 TITLED "NOISE CONTROL" ESTABLISHING A COMPREHENSIVE NOISE CONTROL ORDINANCE AND REPEALING AND REVISING CONFLICTING SECTIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE; and, (2) Introduce Ordinance No. , AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING CHAPTER 9.02 TITLED "NOISE CONTROL" ESTABLISHING A COMPREHENSIVE NOISE CONTROL ORDINANCE AND REPEALING AND REVISING CONFLICTING SECTIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Leza Mikhail, Senior Planner 4t: REVIEWED BY: Ara Mihranian, AICP, Director of Community Development , APPROVED BY: Doug Willmore, City Manager AWL -�l ATTACHED SUPPORTING DOCUMENTS: A. Urgency Ordinance No. U (page A-1) B. Ordinance No. (page B-1) All previous Staff Reports, Meeting Minutes, and public comments on this topic can be found on the City's website via the October 18, 2016, City Council Agenda at http://www.rpvca.gov/772/City-Meeting-Video-and-Agendas BACKGROUND AND DISCUSSION: On October 18, 2016, the City Council initiated code amendment proceedings to prepare a comprehensive citywide noise control ordinance (Noise Ordinance), pursuant 1 to Policy No. 2 of the General Plan Sensory Environment Element, which states that the City should "develop an ordinance to control noise." The City Council directed Staff to amend Title 9 (Public Peace, Morals, and Welfare) of the Rancho Palos Verdes Municipal Code (RPVMC) to include the Noise Ordinance. Additionally, the City Council authorized Staff to amend certain existing sections of the Municipal Code, including but not limited to Title 17, to be consistent with the new Noise Ordinance. Amendments specific to Title 17 (Zoning) require Planning Commission's review at a duly -noticed public hearing. Proposed Noise Ordinance Pursuant to City Council direction, attached is the proposed Noise Ordinance that will be added to RPVMC Title 9. The Noise Ordinance will establish a new Chapter 9.02 (Noise Control) which would make it unlawful for any person to willfully make or continue to make any excessive or unreasonable noise that disturbs the peace and quiet of any City neighborhood. The new ordinance does not currently propose to measure excessive or unreasonable noise by established decibel levels, but rather by using normal hearing faculties of an enforcing official/person (not artificially enhanced). The enforcing official will determine whether or not the noise generated by certain activities or equipment is either "plainly audible" or "loud and annoying." Assessing noise using decibel levels is not recommended at this time because it would require additional Staff training, sound level equipment and 6-8 months before being able to adequately implement and enforce the new code. In order to implement the new ordinance immediately, Staff recommends enforcing the new noise controls with only "reasonableness standards" initially. Staff would monitor its implementation of the new code over the course of 6-12 months, and may bring back revisions/modifications to portions of the ordinance to address problems that may arise. This may include introducing setting specific decibel levels where appropriate. In terms of establishing "reasonableness," the standard to determine whether noise is excessive or unreasonable, and thereby a violation of the Municipal Code, may include, but not be limited to, any of the following (a full description can be found in Attachments A and B): • The level of noise • Whether the nature of the noise is natural or unnatural • The proximity of the noise to residential properties • The nature of the zoning of the area within which the noise emanates • The time of day or night that the noise occurs • The duration of the noise, including whether it is temporary or short-term • Whether the noise is recurrent, intermittent, or constant The Noise Ordinance also establishes a list and thresholds, for illustrative purposes, of loud, annoying and unnecessary noise that would be prohibited in the City, as summarized below (a full description can be found in Attachments A and B): 2 • Motor Vehicles • Horns and Signaling Devices • Loud Speakers/Public Address Systems • Radios and Musical Instruments • Yelling and Shouting • Domestic Power Tools • Mechanical Equipment • Nighttime Disturbance The Noise Ordinance also provides a list of activities that exempt certain noise level regulations as summarized below (a full description can be found in Attachments A and B): • Emergencies • Alarms or Warning Devices • City -Issued Permits (Conditional Use Permits, Special Use Permits, Special Event Permits, Special Construction Permits, Wireless Telecommunication Permits, Film Permits, etc.) • Temporary Noise • Unamplified Human Voices (except yelling or shouting) • Refuse collection • Federal or State Preempted Activities • City Activities • Permitted Construction Activities • Permitted Landscape Activities (including permitted weed and debris blowers) The Noise Ordinance may be enforced by the Sheriff's Department, the City's Code Enforcement Officers, or other employees designated by the City Manager. If a violation exists, depending on the noise source, a violating party may be cited using the administrative penalties in RPVMC Titles 1.08 or 1. 16, or the violating party may be issued a correction notice by the City, providing them with adequate time to abate the nuisance prior to assessing any administrative penalties. The Noise Ordinance will be enforceable on its effective date after adoption (which would be immediately with the adoption of an urgency ordinance) with a provision that owners and occupants of real property will have ninety (90) days to bring the following items into compliance with the Noise Ordinance: • Mechanical equipment, and, • Landscape activities. The Director of Community Development shall have the authority to grant a one-time ninety (90) day extension to comply with this ordinance for the above-mentioned items. In cases where a complaint is received, the City will apply its typical code enforcement process. 9 In certain cases where a property owner cannot comply with the new regulations due to a financial hardship, the Noise Ordinance provides a "Hardship Waiver" process, whereby relief can be requested, in writing and accompanied by a filing fee of $135. A Notice of Decision for a Hardship Waiver would be rendered by the Director of Community Development and appealable to the City Council with the payment of the $2,725 appeal filing fee. In order for the new Noise Ordinance to be consistent with the rest of the Municipal Code, specific amendments to Chapters 5, 6, 8, 9, 10, 12, 15 and 17 are also being proposed and can be reviewed in the body of the attached Ordinances. Amendments specific to Title 17 (Zoning) will require review by the Planning Commission at a duly - noticed public hearing, which will occur prior to the City Council's adoption of the regular (i.e., non -urgency) ordinance. Amendments to Landscape Activities and Construction Activities RPVMC Chapter 8.16 (Weed and debris blowers) currently limits the hours when weed and debris blowers can be used to 8:00 AM to 5:00 PM, Mondays through Fridays, and 9:00 AM to 4:00 PM on Saturdays. Chapter 8.16 prohibits the use of weed and debris blowers at any time on Sundays or legal holidays. This prohibition is specific to weed and debris blowers, and not to other landscape activities such as lawn mowers, tree trimmers, weed whackers, saws, edgers, wood chippers, etc. RPVMC Section 17.56.020(B) (Conduct of construction and landscape activities) currently limits construction activities, grading, landscape activities or the operation of heavy equipment to 7:00 AM to 6:00 PM, Mondays through Fridays, and 9:00 AM to 5:00 PM on Saturdays. Section 17.56.020 (B) prohibits these activities on Sundays or legal holidays. Staff believes that the impacts generated by general landscape activities are similar to the impacts of weed and debris blowers and should be regulated consistently especially in terms of noise impacts to adjacent properties. As such, Staff recommends amending 17.56.020(B) by separating construction activities and landscaping activities into two separate categories, and applying the same hours to landscape activities as currently apply to weed and debris blowers. Urgency Ordinance Staff has been receiving a growing number of complaints from residents living in close proximity to a source of sound that is loud, unwanted, or perceived as an annoyance. Under the current noise regulations found throughout the Municipal Code, Staff is unable to effectively respond to certain complaints. Staff therefore recommends that the City Council adopt an Urgency Ordinance to immediately enact the Noise Ordinance in the interim while the regular ordinance process occurs. The adoption of the proposed Urgency Ordinance requires a four-fifths (4/5) vote of the City Council on the basis of a need for an "immediate preservation of public peace, health and safety" (Government 11 Code Section 36937(b)). Staff believes that a comprehensive noise ordinance is required to immediately preserve the public peace, health and safety in the City. Regular Ordinance In addition to adopting an Urgency Ordinance, Staff also recommends that the City Council introduce the new ordinance using the regular process in order to allow the public an opportunity to review and provide input on the proposed ordinance language. Furthermore, proposed modifications to RPVMC Title 17 will require Planning Commission review and approval at a duly -noticed public hearing. Any modifications to the Noise Ordinance will be captured in the final adopted ordinance. CONCLUSION: Staff recommends that the City Council adopt Urgency Ordinance No. U, making the Municipal Code amendments effective immediately; and introduce Ordinance No. , to be brought back to the City Council for adoption after the Planning Commission has considered the proposed amendments to RPVMC Title 17. ALTERNATIVES: In addition to the Staff recommendations, the following alternatives are available for the City Council's consideration: 1. Direct Staff to return with modified language for consideration at a future meeting. 2. Introduce Ordinance No. , but take no action on the Urgency Ordinance No. U. 3. Direct Staff to take no further action at this time. �� ORDINANCE NO. _U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING CHAPTER 9.02 TITLED "NOISE CONTROL" ESTABLISHING A COMPREHENSIVE NOISE CONTROL ORDINANCE AND REPEALING AND REVISING CONFLICTING SECTIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, the City of Rancho Palos Verdes ("City") has received an increased number of complaints about loud and annoying noises in the City; and WHEREAS, these loud and annoying noises have disturbed the quiet enjoyment of residential property in the City of Rancho Palos Verdes; and WHEREAS, these noise complaints have resulted from, among other sources, mechanical equipment, motor vehicles, radios, amplified noises at events, and loud parties; and WHEREAS, the City is a semi -rural, primarily residential city with little ambient noise; and WHEREAS, the residents of the City have a keen interest in maintaining the City free from noise pollution in order to continue to foster the rural and residential nature of the community; and WHEREAS, the Sensory Environment Element of the City's General Plan states that "it shall be the goal of the City ... through proper land use planning and regulations, to provide for a quiet and serene residential community with a minimum of restriction on citizen activity." The Sensory Environment Element establishes a number of policies to achieve this goal, one of which is to "Develop an ordinance to control noise"; and WHEREAS, the City Council finds that loud and annoying noises threaten the public peace, health and safety of City residents; and WHEREAS, the City's Municipal Code currently includes a variety of noise regulations contained in different sections of the Code; and WHEREAS, the City often regulates noise through City -issued permits; and WHEREAS, the City's existing noise regulations are a hybrid of regulation through decibel -level standards and a reasonableness standard; and WHEREAS, City staff has found it difficult to enforce the noise regulations currently codified in the Municipal Code; and WHEREAS, the City Council finds that it is important to provide City residents and visitors with clear guidance regarding noise regulations; and 01203.0005/331206.2 A-1 WHEREAS, the City Council finds that it is necessary to adopt a comprehensive noise ordinance in order to provide City residents and visitors with clear guidance regarding what level of noise is prohibited in the City and to provide City staff with a mechanism to enforce noise regulations; and WHEREAS, in order to maintain consistency in noise regulations throughout the Code, it is necessary to repeal and revise other noise regulations in the Municipal Code; and WHEREAS, the adoption of a comprehensive noise ordinance is consistent with the City's General Plan; and WHEREAS, on October 18, 2016 the City Council initiated a Code Amendment to prepare a comprehensive noise control ordinance; and WHEREAS, pursuant to Government Code section 36937 (b), the City Council may adopt an urgency ordinance which takes effect immediately if the ordinance is for the immediate preservation of the public peace, health or safety, the ordinance contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and WHEREAS, the City Council finds that the increased complaints about noise received by City staff and the City Council warrant the immediate adoption of a noise ordinance to preserve the public peace, health and safety; and WHEREAS, the City Council finds that the current noise regulations in the Municipal Code may invite confusion among City residents, visitors, and staff, and that immediate clarification of this language and adoption of a comprehensive noise ordinance is necessary to preserve the public peace, health and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds that the recitals contained in this ordinance are true and correct, relies upon them in passing this ordinance, and incorporates them as though set forth in full herein. Section 2. Section 5.28.060 (I) of Chapter 5.28 of Title 5 is hereby revised to read as follows: "No peddler shall make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this city for the purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell where such noise or sound is made in violation of Chapter 9.02 (Noise Control)." Section 3. Section 8.20.120 of Chapter 8.20 of Title 8 is hereby revised to read as follows: 01203.0005/331206.2 A-2 "A collector shall so conduct its operations as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. Noise emitting from any collection shall not be made in violation of Chapter 9.02 (Noise Control)." Section 4. Section 9.32.040 of Chapter 9.32 of Title 9 is hereby revised to read as follows: "No person shall willfully make or cause to be made any loud and raucous noise in proximity to a residence in the city where such noise or sound is made in violation of Chapter 9.02 (Noise Control)." Section 5. Section 17.08.030 (C) of Chapter 17.08 of Title 17 is hereby revised to read as follows: "The permitted activity shall not be injurious to the use of neighboring property by reason of vibration, odor, fumes, smoke, dust, noise made in violation of Chapter 9.02 (Noise Control) or similar adverse impacts on adjacent properties." Section 6. Section 17.12.030 (F) of Chapter 17.12 of Title 17 is hereby revised to read as follows: "Deliveries and Mechanical Equipment. Unless otherwise specified in an approved conditional use permit or other discretionary approval, all deliveries of commercial goods and supplies; and trash pick-up, including the use of parking lot trash sweepers shall only be allowed on commercial properties which abut a residential district, between the hours of seven a.m. and seven p.m., Monday through Sunday. Noise from machinery and mechanical equipment shall be governed by 9.02.040." Section 7. Section 17.26.040 (F) of Chapter 17.26 of Title 17 is hereby revised to read as follows: "Deliveries and Mechanical Equipment. Unless otherwise specified in an approved conditional use permit or other discretionary approval, where an institutional district abuts a residential district, all deliveries of commercial goods and supplies; and trash pick-up, including the use of parking lot trash sweepers shall only be allowed on commercial properties which abut a residential district, between the hours of seven a.m. and seven p.m., Monday through Sunday. Noise from machinery and mechanical equipment shall be governed by 9.02.040." Section 8. Section 17.28.040 (I) of Chapter 17.28 of Title 17 is hereby revised to read as follows: "Deliveries and Mechanical Equipment. Unless otherwise specified in an approved conditional use permit or other discretionary approval, where a cemetery district abuts a residential zoning district, all deliveries of commercial goods and supplies; and trash pick-up, including the use of parking lot trash sweepers shall only be allowed on commercial properties which abut a 01203.0005/331206.2 A-3 residential district, between the hours of seven a.m. and seven p.m., Monday through Sunday. Noise from machinery and mechanical equipment shall be governed by 9.02.040." Section 9. Section 17.40.070 (D)(5) of Chapter 17.40 of Title 17 is hereby revised to read as follows: "Unless otherwise specified in an approved conditional use permit or other discretionary approval, the operation of an approved automotive service station use shall not cause noise exceeding the level of noise allowed by Chapter 9.02 (Noise Control)." Section 10. Section 17.48.030 (E)(5)(b)(i) of Chapter 17.48 of Title 17 is hereby repealed in its entirety. Section 11. Section 17.56.020 (B) of Chapter 17.56 of Title 17 is hereby revised to read as follows: "1. Construction Activity, including Grading. It is unlawful to carry on construction activities, including grading, or to operate heavy equipment except between the hours of seven a.m. and six p.m. Monday through Friday and between nine a.m. to five p.m. on Saturday. No such activity shall be permitted on Sunday or the legal holidays listed in Section 17.96.920 (Holiday, Legal) of this code, unless a Special Construction Permit is obtained from the Director. Said Special Construction Permit must be requested at least 48 hours before such work is to begin. Emergency work, as defined in Section 17.96.630 (Emergency Work) of this code and minor home repair/maintenance shall be exempted from these time and day restrictions. 2. Landscaping Activities, including Weed and Debris Blowers. It is unlawful for any person to carry on landscaping activities, including the use or operation of a weed and debris blower, before 8:00 a.m. or after 5:00 p.m. Monday through Friday, or before 9:00 a.m. or after 4:00 p.m. on Saturday or at any time on Sundays, or national holidays." Section 12. Section 17.58.020 (A)(9) of Chapter 17.58 of Title 17 is hereby revised to read as follows: "Noise levels from operation of the machines shall not exceed the level of noise allowed by Chapter 9.02 (Noise Control)." Section 13. Section 17.58.020 (B)(11) of Chapter 17.58 of Title 17 is hereby revised to read as follows: "Operation of the facility shall not exceed the noise allowed by Chapter 9.02 (Noise Control). Section 14. Section 17.76.080 (C)(1)(e) of Chapter 17.76 of Title 17 is hereby revised to read as follows: 01203.0005/331206.2 A-4 "Mechanical Equipment. Mechanical equipment must be screened or covered so that it is not visible from adjacent residential or institutional use or zone. Mechanical equipment shall be located as far as possible from adjacent residential or institutional uses. Noise levels from such mechanical equipment shall not exceed the level of noise allowed by Chapter 9.02 (Noise Control)." Section 15. Section 17.83.060 (D)(5) of Chapter 17.83 of Title 17 is hereby revised to read as follows: "Noise Level. Noise levels for the system shall not exceed the level of noise allowed by Chapter 9.02 (Noise Control). The noise levels established by this subsection shall not apply during short-term events such as utility outages and severe windstorms." Section 16. Chapter 9.02 of Title 9 of the Rancho Palos Verdes Municipal Code is hereby added and shall read as follows: Noise Control 9.02.010 Purpose. A. The making, creation or maintenance of loud, unnecessary or unusual noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing. B. The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city. C. The provisions of this Chapter are in the public interest and are for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and peace and quiet of the city and its inhabitants. 9.02.020 Definitions. As used in this chapter, the words hereinafter defined are used as so defined unless it is plainly apparent from the context that a different meaning is intended: A. "City" means the City of Rancho Palos Verdes. B. "City Manager" means the city manager of the City of Rancho Palos Verdes, or his/her designee. C. "Sheriff' means the sheriff of the Los Angeles County Sheriff's Department or his/her designee. 01203.0005/331206.2 A-5 D. "Construction" means any site preparation, assembly, erection, substantial repair, alteration, demolition, or similar action. E. "Director" means the Director of Community Development of the City of Rancho Palos Verdes, or his/her designee. F. "Daytime" denotes the local time of day between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays, Sundays and legal holidays listed in Section 17.96.920 (Holiday, Legal) unless expressly stated otherwise herein. G. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action. H. "Emergency Work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. I. "Loud and Annoying" means any sound which disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities. J. "Mechanical Equipment" means any heating, cooling, venting or similar equipment or appurtenance serving a structure, pool or spa, including but not limited to, pool pumps, whole house fans, fans, or any other motorized or powered device or machinery. K. "Motor Vehicle" means a vehicle that is self-propelled. "Motor vehicle" includes, but is not limited to, passenger cars, trucks, truck -trailers, semi -trailers, campers, motorcycles, minibikes, go-carts, snowmobiles, mopeds, amphibious craft on land, dune buggies, all - terrain vehicles or racing vehicles. "Motor vehicle" does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. "Motorcycle" means (1) a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground; (2) a motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (1); (3) a farm tractor is not a motorcycle; (4) a three -wheeled motor vehicle that otherwise meets the requirements of subdivision (1), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles. 01203.0005/331206.2 A-6 2. "All -Terrain Vehicle (ATV)" means a motor vehicle that is all of the following: (1) designed for operation off of the highway by an operator with no more than one passenger; (2) fifty inches (50") or less in width; (3) nine hundred pounds (900lbs) or less unladen weight; (4) suspended on three or more low-pressure tires; (5) has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for no more than one passenger; (6) has handlebars for steering control. L. "Nighttime" means those hours excluded from the definition of "daytime" unless expressly stated otherwise herein. M. "Person" means any individual, corporation, partnership firm or any legal successor, representative or agent of the foregoing. N. "Plainly Audible" means any sound that could be clearly heard by a person with normal hearing using ordinary auditory senses. O. "Private Street" means any lot not dedicated as a public street over which a private easement for road purposes has been recorded and used or intended to be used. P. "Public right-of-way" means any street, avenue, boulevard, highway, alley, sidewalk or public space which has been dedicated for use by the general public and the dedication of which has been accepted by the appropriate governmental entity. Q. "Real property boundary (property line)" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but it does not include intra -building real property division. R. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or any other sound including, but not limited to, drive through speaker systems, public address systems and outdoor loudspeakers. Sound amplifying equipment as used herein shall not be construed as including standard automobile radio when used and primarily audible only by the occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes. S. "Special event" means assemblages, public meetings, and other special events including festivals, ceremonies, addresses, speeches, exhibits, performances, plays, circuses, musical events, athletic events that occur at a particular place and for a limited duration of time, or uses and developments as defined under Section 17.62 (Special Use Permit) and Section 12.20 (Special Event Permit) T. "Weed and Debris Blowers" means any motorized or engine powered device, including but not limited to lawn mowers, lawn and garden tools, leaf blowers, riding lawn mowers, power tools, and power saws, but excluding motor vehicles. 01203.0005/331206.2 A-7 U. "Weekday" means any day Monday through Friday, which is not a legal holiday unless expressly stated otherwise herein. 9.02.030 Loud, Annoying 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, which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. B. The standard that may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, any of the following: 1. The level of the noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level and intensity of the background noise, if any; 5. The proximity of the noise to residential properties; 6. The nature and zoning of the area within which the noise emanates; 7. The density of the inhabitation of the area within which the noise emanates; 8. The time of the day and night the noise occurs; 9. The duration of the noise, including whether it is of a temporary or short-term nature; 10. Whether the noise is recurrent, intermittent, or constant; and 11. Whether the noise is produced by a commercial or noncommercial activity. 9.02.040 Loud, Annoying and Unnecessary Noises -- Enumerated. The City Council finds the following to be loud, annoying and unnecessary noises, which are hereby declared to be in violation of this Chapter; this list is deemed illustrative and shall not be construed in any way to be an exclusive or all-inclusive list of the noises prohibited by this Chapter, it being the intent and purpose of this Chapter to include and prohibit all noises of the character described in this Section. Where no specific distance is set for the determination of audibility, reference to noise disturbance shall be deemed to mean plainly audible at a distance of fifty (50) feet from the Real Property Boundary of the source of the sound, if the sound occurs on privately owned property, or from the source of the sound, if the sound occurs on the public right-of-way, 01203.0005/331206.2 A-8 public property, or private property open to the public. References to "adjacent" or "neighboring" residences or multi -family residential units in this Section shall mean those residences or multi- family residential units located next to or in close proximity to the source of the noise, and no specific distance standard shall be required for such locations. A. Motor Vehicle Noises. 1. Operation. Any loud or annoying noise made by any motor vehicle and not reasonably necessary to the operation thereof under the circumstances, including, but not limited to, noise caused by screeching of tires; racing or accelerating the engine; backfiring the engine; or the emission of exhaust from the engine tail pipe or muffler. 2. Defect in Vehicle or Load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. 3. Engine -Repair and Testing. It shall be unlawful for any person to repair, rebuild or test any engine so as to create a noise disturbance between the hours of 6:00 pm and 8:00 am unless regulated by a City -issued permit (i.e. Conditional Use Permit). B. Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motor vehicle or any other vehicle on any private property, private street or public street except as a danger warning; the creation by means of any such signaling device of any unreasonably and unnecessarily loud or harsh sounds; the sounding of any such signaling device for an unnecessarily or unreasonably long period of time; or the use of any horn, whistle or other device operated by engine exhaust. C. Loudspeakers/Public Address System. The using, operating or playing, or permitting to be played, used or operated, of any radio receiving set, musical instrument, audio system, loudspeaker, sound amplifying equipment or other machine or device for the producing or reproducing of sound, which casts sound upon the streets for the purpose of attracting the attention of the public to any building, structure or attraction (1) such that the sound therefrom creates a loud and annoying noise across a residential area; or (2) on a public right-of-way or public space if such use causes traffic congestion. D. Radios, Musical Instruments and Similar Devices. The using, operating or playing, or the permitting to be played, used or operated, any stereo, radio receiving set, musical instrument, audio system, television set or any like machine or device that produces or reproduces sound, in such manner as to disturb at any time, the peace, quiet and comfort of the neighboring inhabitants, with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or place in which the machine or device is operated and who are voluntarily listening thereto. The operation of any such machine or device during nighttime hours in such a manner as to be plainly audible by inhabitants or occupants of any adjacent or neighboring residential properties or multi -family units, or plainly audible at a distance of fifty (50) feet from any non - 01203.0005/331206.2 A-9 residential building, structure, vehicle or place in which it is located, shall be prima facie evidence of a violation of this subsection. E. Yelling and Shouting. Loud or raucous yelling, shouting, hooting, whistling or singing so as to annoy or disturb the quiet, comfort or repose of persons in any office or inhabitants or occupants of any neighboring or adjacent dwelling, hotel, apartment building or other kind of residence. This includes shouting or crying of peddlers, hawkers or vendors so as to disturb the peace and quiet. F. Noise in proximity to schools, places of worship, medical office, or residential care facilities. The creation of any excessive noise on any street adjacent to a school, institution of learning, place of worship, medical office or residential care facility while such facilities are in use, which unreasonably interferes with the work of the institution or which disturbs or unduly annoys patients of the medical facility; however, this subsection shall not apply unless conspicuous signs are displayed in such streets indicating that there is located in the vicinity of a school, institution of learning, place of worship, medical office or residential care facility. G. Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, small power equipment, pneumatic devices or tools, or similar device used outdoors in residential areas during nighttime hours, Sundays or legal holidays listed Section 17.96.920 (Holiday, Legal) so as to cause a noise disturbance across a residential real property boundary. H. Mechanical Equipment. Noise generated from mechanical equipment that is loud and annoying as heard at the property line by inhabitants or occupants of any adjacent or neighboring residential properties or multi -family units. I. Nighttime Disturbances of any kind that are plainly audible by inhabitants or occupants of adjacent or neighboring residential properties or multi -family residential units that occur during nighttime hours. 9.02.050 Assessment of Noise Disturbance. Any law enforcement officer, code enforcement officer, or other employee or official designated by the city manager who hears a noise or sound in violation of this Chapter, may enforce this Chapter and shall assess the noise or sound according to the following standards: A. The primary means of detection shall be by means of the official's normal hearing faculties, not artificially enhanced. B. 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 01203.0005/331206.2 A-10 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. C. The official need not be required to identify words, song titles, artists, or lyrics in order to establish a violation. 9.02.060 Defenses. In any prosecution for a violation of this Chapter, it shall be a sufficient defense that the noise about which a complaint is made: A. Resulted from reasons beyond the control of the person charged with making the noise, unless the noise is due to a reparable or otherwise curable cause which was not diligently cured or repaired; or B. Was necessary to make the noise to prevent injury to persons or property, or C. Was done by or with a device, such as a horn, siren or muffler, installed and operated pursuant to state law and meeting the requirements thereof. 9.02.070 Exemptions. The following activities shall be exempt from noise level regulations: A. Emergency Exemption. The provisions of this Chapter shall not apply to: (1) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (2) the emission of sound in the performance of emergency work performed by authorized personnel for the purpose of securing the immediate health and safety of the public. B. Warning Devices. Warning devices necessary for the protection of public safety such as police, fire, and ambulance sirens or permitted burglar alarms shall be exempted from the provisions of this chapter. C. City Issued Permits. Activities or events whose noise is regulated by a City issued permit, such as but not limited to, a Special Use Permit, Special Event Permit, Special Construction Permit, Wireless Telecommunications Facility Permit, Film Permits, or Conditional Use Permit. D. Any noise resulting from activities of a temporary duration permitted by law. E. The unamplified human voice, except as provided for in Section 9.02.040(F) (Yelling and Shouting). F. Refuse collection trucks, provided the trucks comply with Chapter 8.20 (Solid Waste Collection and Disposal) of the City's Municipal Code. 01203.0005/331206.2 A-11 G. Federal or State Preempted Activities. Any other activity to the extent regulation thereof has been preempted by state or federal law shall be exempted from the regulations of this chapter. H. Any activity by the City. I. Landscaping activities, and Weed and Debris Blowers as allowed by Section 17.56.020 and Chapter 8.16. J. Construction activities as allowed by Section 17.56.020. 9.02.080 Exceptions for Time to Comply. A. This Ordinance shall be enforceable on its effective date; provided that owners and occupants of real property shall have ninety (90) days to bring the following into compliance with this Ordinance: 1. Mechanical equipment. 2. Landscape activities. The Director shall have the authority to grant an additional one-time ninety (90) day extension to comply with this ordinance. B. Hardship Waiver. Any person subject to the provisions of this Chapter who, as of the passage of this ordinance, lawfully made, created or maintained a noise that is now prohibited by this Chapter, may apply for a Hardship Waiver relieving him or her from complying with the requirements of this Chapter. An application for a Hardship Waiver must demonstrate that compliance with the requirements set forth in this Chapter would cause an undue financial hardship to the applicant. 1. Application. Requests for a Hardship Waiver shall be submitted to the Director on a form furnished by the City and the appropriate fee, as established by resolution of the City Council. The application shall be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the reasonable satisfaction of the Director that compliance with said requirements would cause an undue financial hardship to the applicant. 2. Findings. The Director shall issue the Hardship Waiver or deny the request within fifteen business days of receipt of the application. The Director may issue a Hardship Waiver if he or she finds that the now -prohibited noise was lawfully made, created or maintained prior to the passage of this ordinance and that the supporting documentation submitted with the application demonstrates to his or her satisfaction that compliance with this Chapter would cause an undue financial hardship to the applicant who is requesting the Hardship Waiver. The Director shall issue a written Notice of Determination and shall serve such written Notice of Determination on the person requesting the Hardship Waiver via certified mail, return receipt requested. If the application is denied, the Notice shall set forth the 01203.0005/331206.2 A-12 reason(s) for the denial. The Director's decision may be appealed to the City Council provided the appeal is filed in writing within 15 calendar days of the Director's decision and the appropriate fee, as established by resolution of the City Council, is paid. The Director's decision is final if not appealed within 15 calendar days. 3. Duration of Waiver. Any Hardship Waiver granted pursuant to this section shall immediately terminate if the applicant's property is sold or tenancy of the property otherwise changes. Any Hardship Waiver may be revoked if the noise underlying the Hardship Waiver increases in volume or frequency. 9.02.090 Violation — Enforcement and Penalties. A. A violation of this Chapter shall be punished as prescribed in Section 1.08 or Section 1.16. B. A violation of this Chapter is hereby declared to be a public nuisance, which may be abated by the City in the manner provided by the laws of the State of California and the ordinances of this City for the abatement of a public nuisance, and the City shall also have all rights provided by such laws and ordinances to recover damages suffered from any such nuisance and to recover from the owner of the property upon which such nuisance is located the cost of any abatement thereof by the City. C. Joint and Several Responsibility. In addition to the person causing the offending sound, the owner, tenant or lessee of property, or a manager, overseer or agent, or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted, shall be responsible for compliance with this Chapter if the additionally responsible party knows or should have known of the offending noise disturbance. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this Chapter and may be cited regardless of whether or not the person actually causing the sound is also cited. Notwithstanding the foregoing, an owner, manager, overseer or agent of property from which offending sound is emitted and who does not reside on such property shall not be cited for violation of the provisions of this Chapter unless such owner, manager, overseer or agent has previously been informed in writing by a law enforcement officer, code enforcement officer, or other employee or official designated by the city manager or designee of the existence of an offending noise disturbance on the property, and such disturbance continues, occurs again or is otherwise not reasonably or fully rectified or brought into compliance with this chapter. Section 17. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) because it can be seen with certainty that it will not have a significant effect on or physical change to the environment. 01203.0005/331206.2 A-13 Section 18. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, 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 remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 19. Inconsistencies. To the extent the terms and provisions of this Urgency Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City Urgency Ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Urgency Ordinance shall prevail with respect to the subject matter thereof. Section 20. The City Clerk shall cause this Urgency Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Urgency Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c). Section 21. This Ordinance shall go into effect immediately. 01203.0005/331206.2 A-14 PASSED, APPROVED and ADOPTED this 17`x' day of January, 2017. Brian Campbell, Mayor ATTEST: Teresa Takaoka, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on January 17, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Acting City Clerk 01203.0005/331206.2 A-15 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING CHAPTER 9.02 TITLED "NOISE CONTROL" ESTABLISHING A COMPREHENSIVE NOISE CONTROL ORDINANCE AND REPEALING AND REVISING CONFLICTING SECTIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, the City of Rancho Palos Verdes ("City") has received an increased number of complaints about loud and annoying noises in the City; and WHEREAS, these loud and annoying noises have disturbed the quiet enjoyment of residential property in the City of Rancho Palos Verdes; and WHEREAS, these noise complaints have resulted from, among other sources, mechanical equipment, motor vehicles, radios, amplified noises at events, and loud parties; and WHEREAS, the City is a semi -rural, primarily residential city with little ambient noise; and WHEREAS, the residents of the City have a keen interest in maintaining the City free from noise pollution in order to continue to foster the rural and residential nature of the community; and WHEREAS, the Sensory Environment Element of the City's General Plan states that "it shall be the goal of the City ... through proper land use planning and regulations, to provide for a quiet and serene residential community with a minimum of restriction on citizen activity." The Sensory Environment Element establishes a number of policies to achieve this goal, one of which is to "Develop an ordinance to control noise"; and WHEREAS, the City Council finds that loud and annoying noises threaten the public peace, health and safety of City residents; and WHEREAS, the City's Municipal Code currently includes a variety of noise regulations contained in different sections of the Code; and WHEREAS, the City often regulates noise through City -issued permits; and WHEREAS, the City's existing noise regulations are a hybrid of regulation through decibel -level standards and a reasonableness standard; and WHEREAS, City staff has found it difficult to enforce the noise regulations currently codified in the Municipal Code; and WHEREAS, the City Council finds that it is important to provide City residents and visitors with clear guidance regarding noise regulations; and 01203.0005/331461.1 B-1 WHEREAS, the City Council finds that it is necessary to adopt a comprehensive noise ordinance in order to provide City residents and visitors with clear guidance regarding what level of noise is prohibited in the City and to provide City staff with a mechanism to enforce noise regulations; and WHEREAS, in order to maintain consistency in noise regulations throughout the Code, it is necessary to repeal and revise other noise regulations in the Municipal Code; and WHEREAS, the adoption of a comprehensive noise ordinance is consistent with the City's General Plan; and WHEREAS, on October 18, 2016 the City Council initiated a Code Amendment to prepare a comprehensive noise control ordinance; and WHEREAS, the City Council finds that the increased complaints about noise received by City staff and the City Council warrant the immediate adoption of a noise ordinance to preserve the public peace, health and safety; and WHEREAS, the City Council finds that the current noise regulations in the Municipal Code may invite confusion among City residents, visitors, and staff, and that immediate clarification of this language and adoption of a comprehensive noise ordinance is necessary to preserve the public peace, health and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds that the recitals contained in this ordinance are true and correct, relies upon them in passing this ordinance, and incorporates them as though set forth in full herein. Section 2. Section 5.28.060 (I) of Chapter 5.28 of Title 5 is hereby revised to read as follows: "No peddler shall make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this city for the purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell where such noise or sound is made in violation of Chapter 9.02 (Noise Control)." Section 3. Section 8.20.120 of Chapter 8.20 of Title 8 is hereby revised to read as follows: "A collector shall so conduct its operations as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. Noise emitting from any collection shall not be made in violation of Chapter 9.02 (Noise Control)." 01203.0005/331461.1 B-2 Section 4. Section 9.32.040 of Chapter 9.32 of Title 9 is hereby revised to read as follows: "No person shall willfully make or cause to be made any loud and raucous noise in proximity to a residence in the city where such noise or sound is made in violation of Chapter 9.02 (Noise Control)." Section 5. Section 17.08.030 (C) of Chapter 17.08 of Title 17 is hereby revised to read as follows: "The permitted activity shall not be injurious to the use of neighboring property by reason of vibration, odor, fumes, smoke, dust, noise made in violation of Chapter 9.02 (Noise Control) or similar adverse impacts on adjacent properties." Section 6. Section 17.12.030 (F) of Chapter 17.12 of Title 17 is hereby revised to read as follows: "Deliveries and Mechanical Equipment. Unless otherwise specified in an approved conditional use permit or other discretionary approval, all deliveries of commercial goods and supplies; and trash pick-up, including the use of parking lot trash sweepers shall only be allowed on commercial properties which abut a residential district, between the hours of seven a.m. and seven p.m., Monday through Sunday. Noise from machinery and mechanical equipment shall be governed by 9.02.040." Section 7. Section 17.26.040 (F) of Chapter 17.26 of Title 17 is hereby revised to read as follows: "Deliveries and Mechanical Equipment. Unless otherwise specified in an approved conditional use permit or other discretionary approval, where an institutional district abuts a residential district, all deliveries of commercial goods and supplies; and trash pick-up, including the use of parking lot trash sweepers shall only be allowed on commercial properties which abut a residential district, between the hours of seven a.m. and seven p.m., Monday through Sunday. Noise from machinery and mechanical equipment shall be governed by 9.02.040." Section 8. Section 17.28.040 (I) of Chapter 17.28 of Title 17 is hereby revised to read as follows: "Deliveries and Mechanical Equipment. Unless otherwise specified in an approved conditional use permit or other discretionary approval, where a cemetery district abuts a residential zoning district, all deliveries of commercial goods and supplies; and trash pick-up, including the use of parking lot trash sweepers shall only be allowed on commercial properties which abut a residential district, between the hours of seven a.m. and seven p.m., Monday through Sunday. Noise from machinery and mechanical equipment shall be governed by 9.02.040." Section 9. Section 17.40.070 (D)(5) of Chapter 17.40 of Title 17 is hereby revised to read as follows: 01203.0005/331461.1 B-3 "Unless otherwise specified in an approved conditional use permit or other discretionary approval, the operation of an approved automotive service station use shall not cause noise exceeding the level of noise allowed by Chapter 9.02 (Noise Control)." Section 10. Section 17.48.030 (E)(5)(b)(i) of Chapter 17.48 of Title 17 is hereby repealed in its entirety. Section 11. Section 17.56.020 (B) of Chapter 17.56 of Title 17 is hereby revised to read as follows: "1. Construction Activity, including Grading. It is unlawful to carry on construction activities, including grading, or to operate heavy equipment except between the hours of seven a.m. and six p.m. Monday through Friday and between nine a.m. to five p.m. on Saturday. No such activity shall be permitted on Sunday or the legal holidays listed in Section 17.96.920 (Holiday, Legal) of this code, unless a Special Construction Permit is obtained from the Director. Said Special Construction Permit must be requested at least 48 hours before such work is to begin. Emergency work, as defined in Section 17.96.630 (Emergency Work) of this code and minor home repair/maintenance shall be exempted from these time and day restrictions. 2. Landscaping Activities, including Weed and Debris Blowers. It is unlawful for any person to carry on landscaping activities, including the use or operation of a weed and debris blower, before 8:00 a.m. or after 5:00 p.m. Monday through Friday, or before 9:00 a.m. or after 4:00 p.m. on Saturday or at any time on Sundays, or national holidays." Section 12. Section 17.58.020 (A)(9) of Chapter 17.58 of Title 17 is hereby revised to read as follows: "Noise levels from operation of the machines shall not exceed the level of noise allowed by Chapter 9.02 (Noise Control)." Section 13. Section 17.58.020 (B)(11) of Chapter 17.58 of Title 17 is hereby revised to read as follows: "Operation of the facility shall not exceed the noise allowed by Chapter 9.02 (Noise Control). Section 14. Section 17.76.080 (C)(1)(e) of Chapter 17.76 of Title 17 is hereby revised to read as follows: "Mechanical Equipment. Mechanical equipment must be screened or covered so that it is not visible from adjacent residential or institutional use or zone. Mechanical equipment shall be located as far as possible from adjacent residential or institutional uses. Noise levels from such mechanical equipment shall not exceed the level of noise allowed by Chapter 9.02 (Noise Control)." 01203.0005/331461.1 B-4 Section 15. Section 17.83.060 (D)(5) of Chapter 17.83 of Title 17 is hereby revised to read as follows: "Noise Level. Noise levels for the system shall not exceed the level of noise allowed by Chapter 9.02 (Noise Control). The noise levels established by this subsection shall not apply during short-term events such as utility outages and severe windstorms." Section 16. Chapter 9.02 of Title 9 of the Rancho Palos Verdes Municipal Code is hereby added and shall read as follows: Noise Control 9.02.010 Purpose. A. The making, creation or maintenance of loud, unnecessary or unusual noises within the limits of the city is a condition which has existed for some time and the extent and volume of such noises is increasing. B. The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the city. C. The provisions of this Chapter are in the public interest and are for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and peace and quiet of the city and its inhabitants. 9.02.020 Definitions. As used in this chapter, the words hereinafter defined are used as so defined unless it is plainly apparent from the context that a different meaning is intended: A. "City" means the City of Rancho Palos Verdes. B. "City Manager" means the city manager of the City of Rancho Palos Verdes, or his/her designee. C. "Sheriff' means the sheriff of the Los Angeles County Sheriff's Department or his/her designee. D. "Construction" means any site preparation, assembly, erection, substantial repair, alteration, demolition, or similar action. E. "Director" means the Director of Community Development of the City of Rancho Palos Verdes, or his/her designee. 01203.0005/331461.1 B-5 F. "Daytime" denotes the local time of day between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays, Sundays and legal holidays listed in Section 17.96.920 (Holiday, Legal) unless expressly stated otherwise herein. G. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action. H. "Emergency Work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. I. "Loud and Annoying" means any sound which disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities. J. "Mechanical Equipment" means any heating, cooling, venting or similar equipment or appurtenance serving a structure, pool or spa, including but not limited to, pool pumps, whole house fans, fans, or any other motorized or powered device or machinery. K. "Motor Vehicle" means a vehicle that is self-propelled. "Motor vehicle" includes, but is not limited to, passenger cars, trucks, truck -trailers, semi -trailers, campers, motorcycles, minibikes, go-carts, snowmobiles, mopeds, amphibious craft on land, dune buggies, all - terrain vehicles or racing vehicles. "Motor vehicle" does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. "Motorcycle" means (1) a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground; (2) a motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (1); (3) a farm tractor is not a motorcycle; (4) a three -wheeled motor vehicle that otherwise meets the requirements of subdivision (1), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles. 2. "All -Terrain Vehicle (ATV)" means a motor vehicle that is all of the following: (1) designed for operation off of the highway by an operator with no more than one passenger; (2) fifty inches (50") or less in width; (3) nine hundred pounds (900lbs) or less unladen weight; (4) suspended on three or more low-pressure tires; (5) has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for no more than one passenger; (6) has handlebars for steering control. 01203.0005/331461.1 B-6 L. "Nighttime" means those hours excluded from the definition of "daytime" unless expressly stated otherwise herein. M. "Person" means any individual, corporation, partnership firm or any legal successor, representative or agent of the foregoing. N. "Plainly Audible" means any sound that could be clearly heard by a person with normal hearing using ordinary auditory senses. O. "Private Street" means any lot not dedicated as a public street over which a private easement for road purposes has been recorded and used or intended to be used. P. "Public right-of-way" means any street, avenue, boulevard, highway, alley, sidewalk or public space which has been dedicated for use by the general public and the dedication of which has been accepted by the appropriate governmental entity. Q. "Real property boundary (property line)" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but it does not include intra -building real property division. R. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or any other sound including, but not limited to, drive through speaker systems, public address systems and outdoor loudspeakers. Sound amplifying equipment as used herein shall not be construed as including standard automobile radio when used and primarily audible only by the occupants of the vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes. S. "Special event" means assemblages, public meetings, and other special events including festivals, ceremonies, addresses, speeches, exhibits, performances, plays, circuses, musical events, athletic events that occur at a particular place and for a limited duration of time, or uses and developments as defined under Section 17.62 (Special Use Permit) and Section 12.20 (Special Event Permit) T. "Weed and Debris Blowers" means any motorized or engine powered device, including but not limited to lawn mowers, lawn and garden tools, leaf blowers, riding lawn mowers, power tools, and power saws, but excluding motor vehicles. U. "Weekday" means any day Monday through Friday, which is not a legal holiday unless expressly stated otherwise herein. 9.02.030 Loud, Annoying 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, which disturbs the peace or quiet of any 01203.0005/331461.1 B-7 neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. B. The standard that may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, any of the following: 1. The level of the noise; 2. Whether the nature of the noise is usual or unusual; 3. Whether the origin of the noise is natural or unnatural; 4. The level and intensity of the background noise, if any; 5. The proximity of the noise to residential properties; 6. The nature and zoning of the area within which the noise emanates; 7. The density of the inhabitation of the area within which the noise emanates; 8. The time of the day and night the noise occurs; 9. The duration of the noise, including whether it is of a temporary or short-term nature; 10. Whether the noise is recurrent, intermittent, or constant; and 11. Whether the noise is produced by a commercial or noncommercial activity. 9.02.040 Loud, Annoying and Unnecessary Noises -- Enumerated. The City Council finds the following to be loud, annoying and unnecessary noises, which are hereby declared to be in violation of this Chapter; this list is deemed illustrative and shall not be construed in any way to be an exclusive or all-inclusive list of the noises prohibited by this Chapter, it being the intent and purpose of this Chapter to include and prohibit all noises of the character described in this Section. Where no specific distance is set for the determination of audibility, reference to noise disturbance shall be deemed to mean plainly audible at a distance of fifty (50) feet from the Real Property Boundary of the source of the sound, if the sound occurs on privately owned property, or from the source of the sound, if the sound occurs on the public right-of-way, public property, or private property open to the public. References to "adjacent" or "neighboring" residences or multi -family residential units in this Section shall mean those residences or multi- family residential units located next to or in close proximity to the source of the noise, and no specific distance standard shall be required for such locations. A. Motor Vehicle Noises. 01203.0005/331461.1 B-8 1. Operation. Any loud or annoying noise made by any motor vehicle and not reasonably necessary to the operation thereof under the circumstances, including, but not limited to, noise caused by screeching of tires; racing or accelerating the engine; backfiring the engine; or the emission of exhaust from the engine tail pipe or muffler. 2. Defect in Vehicle or Load. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. 3. Engine -Repair and Testing. It shall be unlawful for any person to repair, rebuild or test any engine so as to create a noise disturbance between the hours of 6:00 pm and 8:00 am unless regulated by a City -issued permit (i.e. Conditional Use Permit). B. Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motor vehicle or any other vehicle on any private property, private street or public street except as a danger warning; the creation by means of any such signaling device of any unreasonably and unnecessarily loud or harsh sounds; the sounding of any such signaling device for an unnecessarily or unreasonably long period of time; or the use of any horn, whistle or other device operated by engine exhaust. C. Loudspeakers/Public Address System. The using, operating or playing, or permitting to be played, used or operated, of any radio receiving set, musical instrument, audio system, loudspeaker, sound amplifying equipment or other machine or device for the producing or reproducing of sound, which casts sound upon the streets for the purpose of attracting the attention of the public to any building, structure or attraction (1) such that the sound therefrom creates a loud and annoying noise across a residential area; or (2) on a public right-of-way or public space if such use causes traffic congestion. D. Radios, Musical Instruments and Similar Devices. The using, operating or playing, or the permitting to be played, used or operated, any stereo, radio receiving set, musical instrument, audio system, television set or any like machine or device that produces or reproduces sound, in such manner as to disturb at any time, the peace, quiet and comfort of the neighboring inhabitants, with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, chamber or place in which the machine or device is operated and who are voluntarily listening thereto. The operation of any such machine or device during nighttime hours in such a manner as to be plainly audible by inhabitants or occupants of any adjacent or neighboring residential properties or multi -family units, or plainly audible at a distance of fifty (50) feet from any non- residential building, structure, vehicle or place in which it is located, shall be prima facie evidence of a violation of this subsection. E. Yelling and Shouting. Loud or raucous yelling, shouting, hooting, whistling or singing so as to annoy or disturb the quiet, comfort or repose of persons in any office or inhabitants or occupants of any neighboring or adjacent dwelling, hotel, apartment building or other kind of residence. This includes shouting or crying of peddlers, hawkers or vendors so as to disturb the peace and quiet. 01203.0005/331461.1 B-9 F. Noise in proximity to schools, places of worship, medical office, or residential care facilities. The creation of any excessive noise on any street adjacent to a school, institution of learning, place of worship, medical office or residential care facility while such facilities are in use, which unreasonably interferes with the work of the institution or which disturbs or unduly annoys patients of the medical facility; however, this subsection shall not apply unless conspicuous signs are displayed in such streets indicating that there is located in the vicinity of a school, institution of learning, place of worship, medical office or residential care facility. G. Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, small power equipment, pneumatic devices or tools, or similar device used outdoors in residential areas during nighttime hours, Sundays or legal holidays listed Section 17.96.920 (Holiday, Legal) so as to cause a noise disturbance across a residential real property boundary. H. Mechanical Equipment. Noise generated from mechanical equipment that is loud and annoying as heard at the property line by inhabitants or occupants of any adjacent or neighboring residential properties or multi -family units. L Nighttime Disturbances of any kind that are plainly audible by inhabitants or occupants of adjacent or neighboring residential properties or multi -family residential units that occur during nighttime hours. 9.02.050 Assessment of Noise Disturbance. Any law enforcement officer, code enforcement officer, or other employee or official designated by the city manager who hears a noise or sound in violation of this Chapter, may enforce this Chapter and shall assess the noise or sound according to the following standards: A. The primary means of detection shall be by means of the official's normal hearing faculties, not artificially enhanced. B. 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. C. The official need not be required to identify words, song titles, artists, or lyrics in order to establish a violation. 9.02.060 Defenses. 01203.0005/331461.1 B-10 In any prosecution for a violation of this Chapter, it shall be a sufficient defense that the noise about which a complaint is made: A. Resulted from reasons beyond the control of the person charged with making the noise, unless the noise is due to a reparable or otherwise curable cause which was not diligently cured or repaired; or B. Was necessary to make the noise to prevent injury to persons or property, or C. Was done by or with a device, such as a horn, siren or muffler, installed and operated pursuant to state law and meeting the requirements thereof. 9.02.070 Exemptions. The following activities shall be exempt from noise level regulations: A. Emergency Exemption. The provisions of this Chapter shall not apply to: (1) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (2) the emission of sound in the performance of emergency work performed by authorized personnel for the purpose of securing the immediate health and safety of the public. B. Warning Devices. Warning devices necessary for the protection of public safety such as police, fire, and ambulance sirens or permitted burglar alarms shall be exempted from the provisions of this chapter. C. City Issued Permits. Activities or events whose noise is regulated by a City issued permit, such as but not limited to, a Special Use Permit, Special Event Permit, Special Construction Permit, Wireless Telecommunications Facility Permit, Film Permits, or Conditional Use Permit. D. Any noise resulting from activities of a temporary duration permitted by law. E. The unamplified human voice, except as provided for in Section 9.02.040(F) (Yelling and Shouting). F. Refuse collection trucks, provided the trucks comply with Chapter 8.20 (Solid Waste Collection and Disposal) of the City's Municipal Code. G. Federal or State Preempted Activities. Any other activity to the extent regulation thereof has been preempted by state or federal law shall be exempted from the regulations of this chapter. H. Any activity by the City. I. Landscaping activities, and Weed and Debris Blowers as allowed by Section 17.56.020 and Chapter 8.16. J. Construction activities as allowed by Section 17.56.020. 01203.0005/331461.1 B-11 9.02.080 Exceptions for Time to Comply. A. This Ordinance shall be enforceable on its effective date; provided that owners and occupants of real property shall have ninety (90) days to bring the following into compliance with this Ordinance: 1. Mechanical equipment. 2. Landscape activities. The Director shall have the authority to grant an additional one-time ninety (90) day extension to comply with this ordinance. B. Hardship Waiver. Any person subject to the provisions of this Chapter who, as of the passage of this ordinance, lawfully made, created or maintained a noise that is now prohibited by this Chapter, may apply for a Hardship Waiver relieving him or her from complying with the requirements of this Chapter. An application for a Hardship Waiver must demonstrate that compliance with the requirements set forth in this Chapter would cause an undue financial hardship to the applicant. 1. Application. Requests for a Hardship Waiver shall be submitted to the Director on a form furnished by the City and the appropriate fee, as established by resolution of the City Council. The application shall be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the reasonable satisfaction of the Director that compliance with said requirements would cause an undue financial hardship to the applicant. 2. Findings. The Director shall issue the Hardship Waiver or deny the request within fifteen business days of receipt of the application. The Director may issue a Hardship Waiver if he or she finds that the now -prohibited noise was lawfully made, created or maintained prior to the passage of this ordinance and that the supporting documentation submitted with the application demonstrates to his or her satisfaction that compliance with this Chapter would cause an undue financial hardship to the applicant who is requesting the Hardship Waiver. The Director shall issue a written Notice of Determination and shall serve such written Notice of Determination on the person requesting the Hardship Waiver via certified mail, return receipt requested. If the application is denied, the Notice shall set forth the reason(s) for the denial. The Director's decision may be appealed to the City Council provided the appeal is filed in writing within 15 calendar days of the Director's decision and the appropriate fee, as established by resolution of the City Council, is paid. The Director's decision is final if not appealed within 15 calendar days. 3. Duration of Waiver. Any Hardship Waiver granted pursuant to this section shall immediately terminate if the applicant's property is sold or tenancy of the property otherwise changes. Any Hardship Waiver may be revoked if the noise underlying the Hardship Waiver increases in volume or frequency. 01203.0005/331461.1 B-12 9.02.090 Violation — Enforcement and Penalties. A. A violation of this Chapter shall be punished as prescribed in Section 1.08 or Section 1.16. B. A violation of this Chapter is hereby declared to be a public nuisance, which may be abated by the City in the manner provided by the laws of the State of California and the ordinances of this City for the abatement of a public nuisance, and the City shall also have all rights provided by such laws and ordinances to recover damages suffered from any such nuisance and to recover from the owner of the property upon which such nuisance is located the cost of any abatement thereof by the City. C. Joint and Several Responsibility. In addition to the person causing the offending sound, the owner, tenant or lessee of property, or a manager, overseer or agent, or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted, shall be responsible for compliance with this Chapter if the additionally responsible party knows or should have known of the offending noise disturbance. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this Chapter and may be cited regardless of whether or not the person actually causing the sound is also cited. Notwithstanding the foregoing, an owner, manager, overseer or agent of property from which offending sound is emitted and who does not reside on such property shall not be cited for violation of the provisions of this Chapter unless such owner, manager, overseer or agent has previously been informed in writing by a law enforcement officer, code enforcement officer, or other employee or official designated by the city manager or designee of the existence of an offending noise disturbance on the property, and such disturbance continues, occurs again or is otherwise not reasonably or fully rectified or brought into compliance with this chapter. Section 17. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) because it can be seen with certainty that it will not have a significant effect on or physical change to the environment. Section 18. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, 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 remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 19. Inconsistencies. To the extent the terms and provisions of this Urgency Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City Urgency 01203.0005/331461.1 B-13 Ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Urgency Ordinance shall prevail with respect to the subject matter thereof. Section 20. The City Clerk shall cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c). Section 21. Effective Date. This Ordinance shall take effect 30 days after its adoption. PASSED, APPROVED and ADOPTED this day of 12017. Brian Campbell, Mayor ATTEST: Teresa Takaoka, Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, Acting City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. passed first reading on January 17, 2017, and was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on , 2017 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Acting City Clerk 01203.0005/331461.1 B-14