HomeMy WebLinkAbout527 ORDINANCE NO. 5 2 7
ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
AMENDING CHAPTER 2 OF TITLE V OF THE MUNICIPAL CODE WITH REGARD
TO NOISE STANDARDS
WHEREAS,the City Council of the Town of Los Altos Hills ("Town") wishes to amend
the Municipal Code with regard to noise measurement from the "C" scale to the "A" scale,
definitions of "daytime" and "nighttime", standards for fixed noise sources, and minor text
amendments.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN
as follows:
Section 1. AMENDMENTS
The following sections of Title V, Chapter 2 ("Noise") of the Los Altos Hills Municipal
Code shall be amended as indicated:
Chapter 2 NOISE
5-2.01 Definitions.
For the purposes of this chapter,unless otherwise apparent from the context, certain
words and phrases used in this chapter are defined as follows:
Animal means any mammal, bird,reptile, fish or any other creature or any live
vertebrae creature other than a human being.
A-weighted sound level or sound level means the sound pressure level in decibels as
measured on a sound level meter using the A-weighted network. The A-weighting
filter de-emphasizes the very low and very high frequency components of the sound
in a manner similar to the response of the human ear and gives a good correlation
with subjective reactions to noise.
Decibel(dB) means the unit of measurement for sound pressure level.
dBA means the A-weighted unit of sound pressure level.
Emergency means any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate actions.
Farm tractor means a tractor which may be used on a highway to draw a farm trailer
carrying product or carrying other implements of husbandry between farms or to a
processing or handling point and returning with or without the trailer, but which
otherwise is itself an implement of husbandry.
1 of 5
• •
Farm Equipment means a device which is used exclusively in the conduct of
agricultural operations, including devices such as power saws, lawn mowers,pump
motors, air compressors, or similar power-driven devices used in connection with
agricultural operations, but not including vehicles which are designed primarily for
the transportation of persons or property on a highway.
Fixed noise source means a stationary device which creates sound while fixed or
motionless, including, but not limited to pumps, fans, compressors, air-conditioners,
pool equipment, generators, and refrigeration equipment.
Machine, tool, or appliance means every machine, motor, device, or equipment,
powered or unpowered, including, without limitation, such normally employed to
fabricate, clean, or modify other items, and including any device (other than farm
equipment and on permitted construction sites), such as power saws, routers, drills,
hoists, mixers, sanders, cleaners, grinders,jacks,pumps, generators, and the like.
Motor vehicle means a vehicle which is self-propelled(including motorcycles,
motor-assisted bicycles, motor-driven cycles, and powered motor vehicles) as defined
in the California Vehicle Code, including all on-highway type motor vehicles subject
to registration under said Code and all off-highway type motor vehicle subject to
identification under said Code.
Person means and includes every human being, whether adult, minor, or infant.
When a group of persons acts in unison to create noise, each individual shall be
deemed as responsible as though solely the principal producing the resultant noise.
Powered model vehicle means any self-propelled, airborne,waterborne, or land
borne plane, vessel, or vehicle which is not designed to carry persons, including but
not limited to any model airplane, boat, car or rocket.
Sound-producing or amplifying device means any device for the creation or
amplification of the human voice, music, or any other sound. Examples include,
without limitation, public address systems,music amplifiers, horns, sirens, whistles,
bells, and drums.
5-2.02 Standards.
The following standards are established to be applicable to the classifications
indicated when measured as follows:
(a) Use a standard noise level meter as prescribed by ANSI-S 1.4. All
measurements will be taken with the meter switched to the weighting network labeled
"A" and "Slow"time averaging.
(b) When the source is on private property, measurements shall be made at any
location on or beyond the property boundary.
2of5
• •
(c) When the source is on public property, measurements shall be made fifty
(50) feet from the source or at the private property line, whichever is closer.
(d) Vehicles on public streets and highways within the Town shall conform to
the noise emission standards prescribed for them by the Vehicle Code of the State.
(e) Fixed noise source installations shall conform to applicable setback
standards. Additional noise attenuation such as: enclosure,baffling, or housing may
be required for roof mounted installations to meet the standards in subsection(g)
below.
(f) Equipment defined in Title 5, Section 6 is not regulated by this Chapter.
(g) Noise sources shall be regulated by the following table:
Noise Sources Exterior Noise Level Standard
(dBA
Daytime Nighttime
Animals 50 40
Farm tractor 82 40
Farm Equipment 65 40
Fixed Noise Source 50 40
Machines,tools or appliances 50 40
Motor vehicle-repairing,rebuilding,
82 40
modernizing and testing.
Persons 50 40
Powered model vehicle 60 40
Sound-producing or amplifying device 50 40
For the purposes of enforcing the provisions of this chapter, "daytime" shall be the
period from 8:00 a.m. on weekdays, and 9:00 a.m. on weekends and Town Holidays
to 7:00 p.m. and"nighttime" shall be the period from 7:00 p.m. to the beginning of
"daytime", Pacific Standard Time or Daylight Saving Time. "Nighttime" shall begin
at 10:00 p.m. for Persons and Sound-producing or amplifying devices.
5-2.03 Conflicts with other laws.
The provisions of this chapter shall not be deemed to supersede or repeal other
existing laws which are designed to control public nuisances or disturbances, such as
noise.
3 of 5
• •
5-2.04 Public nuisances.
Each violation of the provisions of this chapter shall constitute a public nuisance and
shall be subject to abatement as such.
5-2.05 Emergency exemption.
The provisions of this chapter shall not apply to:
(a) The emission of sound for the purpose of alerting persons to the existence of
an emergency; or
(b) The emission of sound in the performance of emergency work.
(c) Noise from equipment used during emergencies.
Section 2. SEVERABILITY
If any section, subsection, subdivision,paragraph, sentence, clause or phrase of the
Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause phrase of
the Ordinance irrespective of the fact that one or more of them would be declared
unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be
severable.
Section 3. POSTING
Within 15 days after its passage, this ordinance shall be published once, with the names
of those City Councilmembers voting for or against it, in the Los Altos Town Crier, a newspaper
of general circulation in the Town of Los Altos Hills, as required by law.
Section 4. EFFECTIVE DATE
This ordinance shall become effective thirty(30) days from and after its adoption, or on May 21,
2011 whichever date is later, and shall be posted within the Town of Los Altos Hills in three (3)
public places.
INTRODUCED: March 17, 2011
PASSED: April 21, 2011
AYES: SUMMIT, LARSEN, MORDO, RADFORD
NOES: WALDECK
4of5
• !
ABSTENTIONS: None
ABSENT: None
BY:
yor
ATTEST:
City Clerk
APPROVED S TO FORM:
City Attome
5 of 5