HomeMy WebLinkAboutORD NO 3254ORDINANCE NO. 3254
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTERS 9.22 AND 9.24
TO TITLE 9 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO NOISE AND AMPLIFIED SOUND
AND REPEALING CHAPTER 5.48 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO SOUND TRUCKS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapters 9.22 and 9.24 are hereby added
Bakersfield Municipal Code to read as follows:
CHAPTER 9.22
NOISE
Sections:
to Title 9 of the
9.22.010
9.22.020
9.22.030
Noise generally.
Noise during construction.
Violation - Penalty
9.22.010 Noise generally.
A. It shall be unlawful for any person to willfully
make or continue, or allow to be made or continued, any loud,
unnecessary noise which disturbs the peace or quiet of any neigh-
borhood or which causes discomfort or annoyance to persons residing
within 1000 feet of the noise source.
B. The standards which may be considered in determining
whether a violation of the provisions of this section exists
may include, but are not limited to, the following:
1. the level of the noise;
2. the level and intensity of any background
noise;
3. the proximity of the noise to residential
sleeping facilities;
4. the nature and zoning of the area
within which the noise occurs;
5. the density of habitation of the
area within which the noise occurs;
6. the time of the day or night the
noise occurs;
7. the duration of the noise;
8. whether the noise is recurrent,
intermittent or constant.
C. Refrigerator trucks shall be permitted to operate
in any commercial or manufacturing zone at all hours; provided,
however, that such use does not emit noise or vibration detri-
mentally impacting neighboring residential properties and the
occupants thereof between 10:00 P.M. and 7:00 A.M. For purposes
of this subsection, noise measuring fifty (50) decibels at the
property line of residential property shall constitute a rebuttable
presumption of excessive noise.
9.22.020 Noise during construction.
A. Except as provided herein or in subsections B. or
C. of this section, it is unlawful for any person, firm or corpora-
tion to erect, demolish, alter or repair any building, or to grade
or excavate land, streets or highways, other than between the
hours of 6:00 A.M. and 9:00 P.M. on weekdays, and between 8:00 A.M.
A.M. and 9:00 P.M. on weekends; provided, however, that city crews
and those of the city's contractors performing street work between
9:00 P.M. and 6:00 A.M. are exempt herefrom if the city engineer
has directed that work be performed between such hours to alleviate
potential traffic congestion.
B. Notwithstandiag any other provisions of this
chapter, if the city manager determines that the public health and
safety will not be impaired by the erection, demolition, altera-
tion or repair of any building or the excavating and grading of
land, streets or highways between the hours of 9:00 P.M. and 6:00
A.M., and if he further determines that loss or inconvenience
would result to any party in interest by virtue of the require-
ments provided in subsection A., he may grant a permit for such
work to be done between the hours of 9:00 P.M. and 6:00 A.M., upon
application being made at the time the permit for the work is
awarded or during the progress of the work. Such permit may be
granted for a period not to exceed three (3) days, and may be
extended by the city manager for a period not to exceed three (3)
days.
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C. The provision of this section shall not apply to
any work of construction performed 1000 feet or more from the
nearest residential dwelling.
9.22.030
Violation - Penalty.
Any person who violates any provision of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not exceeding one thousand dollars
($1,000.00) or by imprisonment not exceeding six (6) months in the
county jail or both such fine and imprisonment. Each day in which
a violation occurs shall constitute a separate offense.
CHAPTER 9.24
AMPLIFIED SOUND
Sections:
9.24.010
9.24.020
9.24.030
9.24.040
9.24.050
9.24.060
9.24.070
9.24.080
9.24.090
Definitions.
Noncommercial use - Registration and
information required.
Noncommercial use - Registration statement
amendment.
Noncommercial use - Registration copies and
display.
Noncommercial use - Regulations for use.
Commercial use - Prohibited.
Amplification from aircraft prohibited.
Amplified sound from vehicles.
Violation - Penalty.
9.24.010
Definitions.
For the purpose of this chapter, the following words
and phrases shall have the meanings specified in this section:
A. "Central traffic district" means that portion of
the city defined as such by Chapter 10.08 or any other ordinance
hereafter adopted by the city.
B. "Commercial purpose" means the use, operation or
maintenance of any sound equipment for the purpose of advertising
any business, or any goods, wares, merchandise or services, or
for the purpose of attracting the attention of the public to or
advertising for or soliciting patronage or customers to or for any
performance, show, entertainment, exhibition or event, or any
lottery scheme or raffle, or for the purpose of demonstrating any
such sound equipment.
C. "Noncommercial purpose" means the use, operation
or maintenance of any sound equipment for other than a commercial
purpose as defined in subsection B. of this chapter.
D. "Sound equipment" means and includes any loud-
speaker, public address system, sound amplifier, radio or phono-
graph equipped with a loudspeaker or sound amplifier, or any
machine or device for the amplification or reproduction of the
human voice, music or any other sound, when operated or maintained
in such a manner as to cause any such sound to be audible to a
person of average hearing faculties or capacity in, on or over any
public street, highway, sidewalk, public building, park or other
public place or any private premises or vehicle other than that in
or upon which any such machine or device is being operated or
maintained. It does not include the operation of any public
address system, loudspeaker or other machine or device for the
necessary amplification or reproduction of sound in connection
with any program, entertainment, contest, public celebration,
performance, show, exhibit or similar event, with a volume no
louder than necessary for the convenient hearing of those within
the building, enclosure or space in which such program,
entertainment, contest, public celebration, performance, show,
exhibition or similar event is staged or conducted; the operation
of any radio receiving set, musical instrument, phonograph or
other machine or device for the producing or reproducing of sound
with a volume no louder than necessary for the convenient hearing
of the person or persons who are within the room, building,
vehicle, chamber, space or location in which such machine or
device is operated and are voluntary listeners thereto; or warning
device on authorized emergency vehicles or horns or other authorized
emergency vehicles or horns or other authorized warning devices on
any vehicle used for traffic safety purposes.
thereon,
section
E. "Sound truck" means any vehicle having mounted
or attached thereto, any sound equipment defined in sub-
D. of this section.
9.24.020
Noncommercial use - Registration and information
required.
No person shall operate, maintain, or cause, allow or
permit to be operated or maintained any sound equipment for a
noncommercial purpose in the city before filing a registration
statement in writing with the city manager on a form to be pro-
vided by said city manager or his designee. Such statement shall
be filed in duplicate and shall contain the following information::
A. Name and address of registrant;
Be
regi~trant;
Address of place of business or employment of
C. Name and address of owner of sound equipment;
equipment;
Name and address of person in direct charge of sound
E. Names and addresses of all persons who will use or
operate the sound equipment;
F. A general description of the sound equipment which
is to be used;
G. The location where such sound equipment is to be
used; if on a sound truck, the name and address of the registered
owner and the license number of same, and a general statement of
the area or areas of the city in which such sound truck is to be
operated;
H. A general statement of the purpose for which such
sound equipment is to be used;
equipment;
The proposed hours of operation of such sound
equipment;
The dates of proposed operation of such sound
K. The maximum sound producing power of the sound
equipment to be used. State the following:
1. The wattage to be used,
2. The volume in decibels of the sound
which will be produced,
The approximate maximum distance sound
will be transmitted from the sound
equipment.
9.24. 030
Noncommercial use - Registration statement
amendment.
All persons operating or maintaining, or causing, allowing
or permitting to be operated or maintained any sound equipment
for a noncommercial purpose shall amend any registration statement
filed pursuant to this section within forty-eight hours after any
change in the information therein furnished.
9.24. 040
Noncommercial use - Registration copies and display..
A. If the information on the registration statement
demonstrates that the proposed operation will be consistent with
the regulations in Section 9.24.050, the city manager shall return
to each registrant under Section 9.24.020, one copy of said regis--
tration statement duly certified by him as a correct copy of said
statement.
B. Said certified copy o~ the registration statement
shall be in the possession of any person operating the sound
equipment at all times, and said copy shall be displayed promptly
to any peace officer upon request.
9.24.050 Noncommercial use - Regulations for use.
The operation or maintenance of sound equipment for non-
commercial purposes shall be subject to the following regulations~:
A. Only music and human speech are permitted.
B. Operations are permitted only between the hours of
9:00 A.M. and 6:00 P.M., of each day; except, that sound equipment
operating from a fixed location on private premises included in a
commercial or industrial zone by the provisions of Title 17 may be
operated between the hours of 9:00 A.M. and 10:00 P.M. of any day.
C. Sound equipment shall not be operated within one
hundred (100) yards of:
1. Any hospital;
Any school, except after school hours and
on days when school is not in session and
when said school is not being used for the
purpose of a public meeting;
3. Any church, except when the same is not
being used for religious services or classes;
The City Hall or Kern County Courthouse,
except after 5:00 P.M. on weekdays or on
weekends or legal holidays;
Any mortuary or cemetery, when services are
in progress.
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D. No sound truck or sound equipment shall be operated
or maintained within the central traffic district, except that the
city council may issue a permit for the installation and operation
of a stationary sound equipment affixed to a building for the
reproduction or amplification of music or bell tones to be repro-
duced at regular stated intervals and for a stated period each
time, during the day between 9:00 A.M. and 10:00 P.M., upon com-
pliance with all other provisions of this chapter and amendments
thereto; and, provided further, that the volume of sound shall be
controlled so that it will not be audible for a distance of more
than six hundred feet from the point of location of said sound
equipment; and, provided further, that said permit may be revoked
at any time by the City Council, upon satisfactory evidence that
said use of said equipment is a nuisance to the surrounding
neighborhood, and disturbs and interferes with the reasonable and
comfortable enjoyment of life or property of persons residing or
working in the neighborhood of said equipment.
E. The volume of sound shall be controlled so that it
will not be audible for a distance in excess of one hundred fifty
feet from the exterior boundaries of the premises upon which said
sound equipment is located, and so that said volume is not
unreasonably loud, raucous, jarring, disturbing or a nuisance.
F. When any loudspeaker, public address system, sound
amplifier, radio or phonograph equipped with loudspeaker, jukebox,
or any other machine or device for the amplification or reproduc-
tion of the human voice, music or any other sound is so arranged,
operated or equipped that it can be heard both inside and outside
of the building or premises where the same is maintained, and said
machine or device is operated at times other than those in which
the operation of sound equipment is permitted under the provisions
of this chapter, then such machine or device shall be equipped
with a control switch located inside such building or premises, in
such a manner that all speakers located outside such building or
premises can be turned off at times when the operation of sound
equipment is prohibited by this chapter.
9.24.060
Commercial use - Prohibited.
No person shall operate, maintain or cause, allow or permit
to be operated or maintained any sound equipment for a commercial
purpose within the city, except as follows:
A. Holiday music audible only on property where
sound amplification equipment is located or on adjacent public
streets;
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B. Food-ordering stations at drive-through fast-food
restaurants.
C. Loudspeakers used for communication with employees
of outdoor commercial or industrial businesses (e.g., car dealers,.
lumber and construction supplies or equipment yards).
D. Music played from a vehicle used to sell frozen con--
fections ("good humor man" vehicles) is permitted, provided the
volume in decibels of the sound produced does not exceed fifty
(50), and provided no musical selection is played for more than
five minutes in any ten-minute period.
E. Amplified sound or speech pursuant to a permit
therefor granted pursuant to another chapter of this code.
9.24.070
Amplification from aircraft prohibited.
No person shall operate, or cause, allow or permit to be
operated any aircraft for any purpose in or over the city from
which any sound equipment is being operated with volume suffi-
ciently loud to be audible to a person of average hearing facul-
ties or capacity in or on any private premises in said city.
9.24.080
Amplified sound from vehicles.
Except as otherwise allowed under this chapter, no person
shall use or operate or permit to be used or operated a radio,
tape player, tape recorder, compact disc player, or any similar
device in or attached to a vehicle whether moving, stopped or
parked, occupied or unoccupied, which is audible to a person of
normal hearing sensitivity more than fifty (50) feet from said
vehicle or, as to any vehicle not located on a public street, so
audible more than fifty (50) feet from the property line of the
property on which said vehicle is located. This section shall not
apply to acts proscribed by Vehicle Code Section 27007 after the
effective date of such section, to any sound system being operated
to request assistance or to warn of a hazardous situation, to any
authorized emergency vehicle or vehicles operated by gas,
electric, communications, or water utilities.
9.24.090
Violation - Penalty.
A. Any person violating any of the provisions of this
chapter and who has been convicted of such violations less than
four (4) times in the preceding twelve-month period shall be
guilty of an infraction and, upon conviction thereof, shall be
punishable by:
1. A fine not exceeding fifty dollars ($50.00)
for a first violation within one year;
A fine not exceeding one hundred dollars
($100.00) for a second violation within one
year; and
A fine not exceeding two hundred fifty dollars
($250.00) for a third violation with one year.
B. Any person who violates any provision of this chap-
ter shall, upon conviction of any fourth or more violation within
any twelve-month period, be guilty of a misdemeanor, and upon con-
viction thereof shall be punishable by a fine not exceeding one
thousand dollars ($1,000.00), or by imprisonment in the county
jail for a period not to exceed six (6) months, or by both such
fine and imprisonment.
Chapter 5.48
repealed.
SECTION 3.
of the Bakersfield Municipal Code
is hereby
SECTION 4.
This ordinance shall be posted in accordance with the
City Charter provisions and shall be come effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on O~l 1 1 10~ , by the
following vote:
A~'~S: COUNCrLMffMI~ERS: ANTHONY, O,~MOND, BMiTH, RATTY, PETERSON, blcDERMOT1,~AL VAOGi0
ABSENT: COUNCILMEMBERS None
,~$TAJN: COUNGILMEMBER~; Non ~
CITY CL~RK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT 1 t 1989
-- ~LARENCE E. MED~ERS
NAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORN~f ? City of Bakersfield
AJS/LCM/meg
O ORD 4
NOISE.1
9/2'7/89
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AFFidAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance
City Council at a
deposes and says:
acting and qualified City Clerk of the City
13th day of October , 19 89 she
City Hall, a. full, true and correct copy of
No. 3254 , passed by the Bakersfield
meeting held on the 11th day of October , 1989 ,
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD
ADDINQ CHAPTERS 9.22 AND 9.24 TO TITLE 9 OF THE BAKERSVIELD
MUNICIPAL CODE RELATING TO NOISE AND AMPLIFIED SOULD AND
REPEALING CHAPTER 5.48 OF THE BAKERSFIELD ~UNICIPAL CO~E
RELATING TO SOUND TRUCKS.
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
NSAOPD
~UTY City Clerk