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HomeMy WebLinkAbout06/19/1989 VICE MAYOR ~REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: June 19, 1989 REFERRED TO: URBAN DEVELOPMENT COMMITTEE'- JACK HARDISTY ITEM: (Proposed) 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. BACKUP MATERIAL ATTACHED: Yes STATUS: To Council Committee on~ ~/' Committee Report sent to Council Ordinance Adopted ?~/~/./?~ ~ '(date) Proposed Ordinance Canceled (date) Other cc: Carol Williams Mary Ellen Gonzales REFER.17 JP MEMORANDUM June 12, 1989 To: Vice Mayor Pat Smith From: Arthur J. Saalfield/~/~ City Attorney Subject: REFERRAL OF PROPOSED O~NCE Please refer the following proposed ordinance to whichever com- mittee you deem appropriate: 1. NOISE AND AMPLIFIED SOUND. Background: This ordinance limits noise during construction and the hours of operation for construction projects; it also changes the "sound truck" ordinance to the "amplified sound" ordinance and moves it from Title 5, "Business Taxes, Licenses and Regulations" 'to Title 9, "Public Peace, Morals and Welfare." Thank you. AJS/meg 4:M.SMITH8 ~Attachment cc: J. Dale Hawley Jack Hardisty Ed Schulz Cal Bidwell ORDINANCE NO. 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 to Title 9 of the Bakersfield Municipal Code to read as follows: CHAPTER 9.22 NOISE Sections: 9.22.010 Noise generally. 9.22.020 Noise during construction. 9.22.030 Violation - Penalty 9.22.010 Noise 9enerally. 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 disturb~ 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 determin- ing 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. 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 corpo- ration 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. 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. Notwithstanding 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. 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 - 2 - ($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 Definitions. 9.24.020 Noncommercial use - Registration and information required. 9.24.030 Noncommercial use - Registration statement amendment. 9.24.040 Noncommercial use - Registration copies al]d display. 9.24.050 Noncommercial use - Regulations for use. 9.24.060 Commercial use - Prohibited. 9.24.070 Amplification from aircraft prohibited. 9.24.080 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 here- after 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 lot- tery 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 - 3 - 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 inachine 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 only for traffic safety purposes. E. "Sound truck" means any vehicle having mounted thereon, or attached thereto, any sound equipment defined in sub- section 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; B. Address of place of business or employment of registrant; C. Name and address' of owner of sound equipment; D. Name and address of person in direct charge of sound equipment; - 4 - 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; I. The proposed hours of operation of such sound equipment; J. The dates of proposed operation of such sound equipmel]t; 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, 3. 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, allow- ing 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. - 5 - B. Said certified copy of 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; 2. 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; 4. The City Hall or Kern County Courthouse, except after 5:00 p.M. on weekdays or on weekends or legal holidays; 5. Any mortuary or cemetery, when services are in progress. 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 - 6 - 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 vehicle,'or the exterior boundaries of the premises upon which said sound equipment, is located, and so that said vol- ume 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; 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 confections ("good humor man" vehicles) is permitted, provided the - 7 - volume in decibels of the sound produced does not exceed , 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 Violation - Penalty. Any person violating any of the provisions of this chap- ter shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for not to exceed six (6) months, or by both such fine and imprisonment. SECTION 3. Chapter 5.48 of the Bakersfield Municipal Code relating to Sound Trucks is hereby repealed. SECTION 4. This ordinance shall be posted in accordance with the City Charter provisions and shall'become effective thirty (30) days from and after the date of its passage. 'o0o - 8 - 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 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield · AjS/LCM/meg 00RD 4 NOISE.1 1/12/89 - 9 -