HomeMy WebLinkAboutOrd 791 ORDINANCE NO. 791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY AMENDING VARIOUS SECTIONS OF THE CATHEDRAL CITY
MUNICIPAL CODE RELATING TO NOISE
WHEREAS, the City Council of the City of Cathedral City desires to amend various
provisions of the Cathedral City Municipal Code ("Municipal Code") relating to noise
restrictions and regulations within the City in order to improve protect public health, safety and
welfare; improve quality of life for residents and visitors; ensure consistency with the General
Plan; and generally increase clarity and enforceability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 AMENDMENT TO CATHEDRAL CITY MUNICIPAL CODE SECTIONS
11.96.030, 9.96.130, 9.86.030, AND 9.86.020.
Sections 11.96.030, 9.96.130, 9.86.030, and 9.86.020 of the Cathedral City Municipal
Code is hereby amended to read as stated in Exhibit "A".
SECTION 2 SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or
word of this Ordinance be rendered or declared invalid by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain
in full force and effect.
SECTION 2 EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and adoption
by the City Council.
SECTION 3 POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it
to be posted in at least three (3) designated public places; shall certify to the adoption and
posting of this Ordinance; and shall cause this Ordinance and its certification, together
with proof of posting, to be entered in the Book of Ordinances of this City.
SECTION 4 CERTIFICATION
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The foregoing Ordinance was approved and adopted at a meeting of the City Council
held on the 12th day of April, 2017, by the following vote:
Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor Henry
Noes: None
Abstain: None
Absent: Mayor Pro Tern Pettis
tan Henry, Mayor
ATTEST:_ _
Ird4i:= ,
Gary F: -II, City Cler
APPROVED AS TO F c 'M:
R r
Eric S. Vail, City Attorney
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Exhibit "A"
Cathedral City Municipal Code Section 11.96.030 is amended to read as follows. The text
of any added language is shown by underlining, italicizing and bolding the added text.
The text of any deleted matter is shown by of the deleted text.
11.96.030 Prohibited acts.
A. It is unlawful for any person to engage in the following activities:
1. Sounding any horn or signal device on any automobile, motorcycle, bus or other
motor vehicle in any other manner or circumstances or for any other purpose than required
or permitted by the Vehicle Code or other California laws.
2. Racing the engine of any motor vehicle while the vehicle is not in motion, except
when necessary to do so in the course of repairing, adjusting or testing the same.
3. Operating or permitting the use of any motor vehicle on any public right-of-way or
public place or on private property within a residential zone for which the exhaust muffler,
intake muffler or any other noise abatement device has been modified or changed in a
manner such that the noise emitted by the motor vehicle is increased above that emitted by
the vehicle as originally manufactured.
- - - - - - - - - - - - - - - - -
.
64. The intentional sounding or permitting the sounding outdoors of any fire, burglar,
or civil defense alarm, siren, whistle, or any motor vehicle burglar alarm, except for
emergency purposes or for testing, unless such alarm is terminated within fifteen minutes of
activation.
65. Creating excessive noise adjacent to any school, church, court or library while the
same is in use, or adjacent to any hospital or care facility, which unreasonably interferes
with the workings of such institution, or which disturbs or unduly annoys patients in the
hospital, provided conspicuous signs are displayed in such streets indicating the presence
of a school, institution of learning, church, court or hospital.
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6. To produce, suffer or allow to be produced noise or sounds that exceeds
the dB(A) levels in the table below. Exterior noise shall be measured at the lot line of
the lot where the noise or sounds are eminatin_q. If the measurement location is on
the boundary between two different noise zones, the lower noise level standard
applicable to the noise zone shall apply. Interior noise shall be measured at least
four feet from the wall, floor, or ceiling nearest to the noise source and with all
window, doors and other openings to the exterior closed.
Noises caused by motor vehicles or trains are exempt from these standards.
In the event the ambient noise level exceeds these levels, no person shall produce,
suffer or allow to be produced noise or sounds in excess of the ambient noise level.
Zone Time dB(A) Level
Residential- Exterior Noise 7am - 10pm 65
10pm - 7am 50
Residential- Interior Noise 7am -10pm 50
10pm - 7am 40
Commercial/Industrial- Exterior Noise 7am - 10pm 85
10pm - 7am 55
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•
B. A violation of this section is an infraction and a public nuisance.
C. A violation of this section may result in the following.
1. Issuance of an infraction citation;
2. Issuance of a notice of public nuisance;
3. Imposition of criminal and civil penalties; and
4. Confiscation and impoundment as evidence, of the components that are amplifying
or transmitting the prohibited noise.
D. An enforcement officer who encounters a violation of this section may issue a
written notice to the responsible person demanding immediate abatement of the violation
(written notice). The written notice shall inform the recipient that a second violation of the
same provision within a seventy-two-hour period may result in the issuance of a criminal
citation and/or notice of public nuisance, the imposition of criminal and civil penalties, and
confiscation and impoundment as evidence, of the components that are amplifying or
transmitting the prohibited noise.
E. Any peace officer who encounters a second violation of this section within a
seventy-two-hour period following issuance of a written notice is empowered to confiscate
and impound as evidence, any or all of the components amplifying or transmitting the
sound.
F. Any person claiming legal ownership of the items confiscated and impounded
under this section may request the return of the item by filing a written request with the
police department within seven calendar days of the confiscation. Such requests shall be
processed in accordance with the procedures adopted by the department.
G. This section shall not apply to any noise emanating from a city operated or
sponsored special event, or other events held on public property where the operator
of the event has obtained all necessary permits and approvals for the event.
Cathedral City Municipal Code Section 9.96.130 is amended to read as follows. The text of
any added language is shown by underlining, italicizing and bolding the added text. The
text of any deleted matter is shown by of the deleted text.
9.96.130 Game arcades.
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A. Game arcades are permitted only where specifically listed within a zone
district Game arcades are subject to a conditional use permit. The commission shall
establish reasonable conditions to regulate security concerns, noise, health, safety and
public welfare concerns of all types, including but not limited to:
1. School age truancy and evening curfew violations;
2. Overcrowding conditions in and outside the building;
3. Objectionable noise;
4. Traffic/parking and bicycle congestion;
5. Littering;
6. Unsanitary conditions (insufficient restroom facilities, food vending,
etc.);
7. Signage and attention-getting devices;
8. Adverse impacts on adjacent businesses and residential areas;
9. Proximity to schools, parks, churches, public gathering places,
residential areas.
B. In addition, the conditions imposed shall include:
1. All game arcades shall be entirely within an enclosed building;
2. The minimum distance between g ame arcades shall be one thousand
feet;
3. The minimum distance between a game arcade and a school, religious
institution or public park shall be one thousand feet;
4. For any game arcade within a shopping center, walls within the arcade
shall be surfaced with sound-deadening material to alleviate noise transmission to
neighboring businesses and all operations shall fully comply with all provisions of
Municipal Code chapter 11.96;
5. Rest rooms shall be provided;
6. The requirement for a conditional use permit shall not apply to any
temporary business operating at a specific location for five consecutive days or less which
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applies to and receives a special use permit which the mayor and city council may authorize
subject to such conditions as the mayor and city council may establish;
7. Time limits shall be established consistent with, but not necessarily
limited to, times other businesses in the shopping center or immediate neighborhood are
open for business;
8. Adult attendants shall be employed and present on the premises at all
times.
Cathedral City Municipal Code Section 9.86.030 is amended to read as follows. The text of
any added language is shown by underlining, italicizing and bolding the added text. The
text of any deleted matter is shown by of the deleted text.
9.86.030 Class B.
It is the intent of the standards of this section to provide for uses whose operational
needs may produce noise, vibration, particulate matter, and air contaminants, odors, or
humidity, heat, and glare which cannot be mitigated sufficiently to meet the Class A
standards. The standards are so designed to protect uses on adjoining sites from effects
which could adversely affect their functional and economic viability.
A. Noise. The maximum allowable noise level of any use shall not exceed the
levels established by Municipal Code chapter 11.96.
B. Vibration. All uses shall be so operated as not to generate vibration discernible
without instruments by the average person while on or beyond the lot upon which the
source is located or within an adjoining enclosed space if more than one establishment
occupies a structure. Vibration caused by motor vehicles, trains, and temporary construction
or demolition work is exempted from this standard.
C. Particulate Matter and Air Contaminants. In addition to compliance with the air
pollution control authorities' standards, all uses shall be operated so as not to emit
particulate matter or air contaminants which are readily detectable without instruments by
the average person beyond any lot line of the lot containing such uses.
D. Odor. All uses shall be operated so as not to emit matter causing unpleasant
odors which are perceptible to the average person beyond any lot line of the lot containing
such uses.
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E. Humidity, Heat and Glare. All uses shall be operated so as not to produce
humidity, heat, glare, or high-intensity illumination which is perceptible without instruments
by the average person beyond the lot line of any lot containing such uses.
Cathedral City Municipal Code Section 9.86.020 is amended to read as follows. The text of
any added language is shown by underlining, italicizing and bolding the added text. The
text of any deleted matter is shown by of the deleted text.
9.86.020 Class A.
It is the intent of the standards of this section to ensure a high quality working
environment and available sites for industrial and business firms whose functional and
economic needs require protection from the adverse effects of noise, odors, vibration, glare
or high-intensity illumination, and other nuisances.
A. Noise. The maximum allowable exterior noise level of any use shall not exceed
the levels established by Municipal Code chapter 11.96.
B. Vibration. All uses shall be so operated as not to generate vibration discernible
without instruments by the average person while on or beyond the lot upon which the
source is located or within an adjoining enclosed space if more than one establishment
occupies a structure. Vibration caused by motor vehicles, trains, and temporary construction
or demolition work is exempted from this standard.
C. Particulate Matter and Air Contaminants. In addition to compliance with the air
pollution control authorities' standards, all uses shall be operated so as not to emit
particulate matter or air contaminants which are readily detectable without instruments by
the average person while on the lot containing such uses.
D. Odor. All uses shall be operated so as not to emit matter causing unpleasant
odors which are perceptible to the average person while within or beyond the lot containing
such uses.
E. Humidity, Heat and Glare. All uses shall be operated so as not to produce
humidity, heat, glare, or high-intensity illumination which is perceptible without instruments
by the average person while on or beyond the lot containing the use.
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