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HomeMy WebLinkAbout181(SO J ORDINANCE NO, 181 AN ORDINANCE CP THE TOWN OF LOS ALTOS HILLS PROHIBITING CONDUCT WHICH PRODUCES NOISE LEVELS WHICH EXCEED SPECIFIED STANDARDS, PROVIDING A SCHEDULE FOR IMPLEMENTATION, AND PRESCRIBING PENALTIES FOR VIOLATION, THE CITY COUNCIL CF THE TOWN OF LOS ALTOS HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Definitions. Unless the provision or context otherwise requires, these definitions shall govern the construction of this ordinance. (a) Aircraft." Aircraft'shall include commercial, civil and military aircraft powered by jet or reciprocating engines, fixed or rotary wing, en- compassing all modes of operation such as take -off, climb, cruise, descent and ground operations, including model airplanes, balloons and gliders. (b) Animal. "AnimaT'is a quadruped or fowl retained by and associated with a dwelling or other premises as pet, beast of labor, or for other purpose which serves the wishes of the owner thereof. (c) Farm Tractor. A "farm tractor" is a tractor which may be used on a highway to draw a farm trailer carrying produce 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. (d) Implement of Husbandry. An "implement of husbandry" is a device which is used exclusively, in the conduct of agricultural operations, including devices such as power saw, lawn mower, pump motor, air compressor or similar power driven device used in connection with agricultural operations, but not a vehicle which is designed primarily for the transportation of persons or property on a highway. (e) Machine, Tool or Appliance. Every machine, motor, device or equip- ment, powered or unpowered, including without limitation such normally employed to fabricate, clean or modify other items, and including any device (other than an implement of husbandry) such as a power saw, router, drill, hoist, mixer, sander, cleaner, grinder, jack, pump, generator or the like. (f) Motor Vehicle. A "motor vehicle" is a vehicle which is self- propelled, including a motorcycle, motor assisted bicycle, motor driven cycle or powered motor vehicle. (g) Person. The term"person" pertains to 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. (h) Sound Producing Device. A sound producing device is a mechanical or electronic device a primary purpose of which is the creation of sound or amplification of sound to higher levels, including without limitation a public address system, music amplifier, horn, siren, whistle, bell or explosive. M E SECTION 2. Day and Night Hours of Applicable Standards. For purposes of enforcement of this ordinance, daytime shall be the period from 7:00 A. M. through 10:00 P. M. inclusive, and nighttime shall be the period from 10:01 P. M. through 6:59 A. M. inclusive, Pacific times, Standard or Daylight Saving, as then in effect. SECTION 3. Operations Prohibited. No person shall act, or operate any device specified in subsections (a), (c), (d), (e), (f) and (h) of Section 1 above, or keep any animal, so as to create noise levels within the Town of Los Altos Hills in excess of the standards prescribed in Section 4. SECTION 4: Standards for Noise. The below prescribed standards are hereby established to be applicable to the classifications indicated, at the respective distances when measured with a standard noise level meter from a position external to the private property upon which the noise source exists or from the source of the noise when located on public property. SECTION 5. Vehicles on Public Streets and Highways. Vehicles on public streets and highways within the Town of Los Altos Hills shall conform to the noise emission standards prescribed for them by the California Vehicle Code. SECTION 6. Effective Dates. The standards prescribed in Section shall become effective in accordance with the following schedule: 15 April 1971 Person Animal Motor Vehicle Sound Producing Device Machine, Tool or Appliance 1 June 1971 Implement of Husbandry Aircraft 1 January 1973 Farm Tractor SECTION 7. Penalties for Violation. Every person who violates this ordinance or suffers it to be violated shall be guilty of a misdemeanor and shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the County Jail for not to exceed six (6) months or by both such fine and imprisonment. _2. Ord. No. 181 Noise Ord. 3/15/71 Max. db Minimum Noise Source Day/Night Scale Distance (ft.) Person 60/50 A 50 Animal 65/55 A 50 Motor Vehicle 82/70 A 50 Farm Tractor 82/60 A 50 Implement of Husbandry 55/45 A 300 Sound Producing Device 55/45 A 300 Aircraft 60/50 A 1,000 Machine, Tool or Appliance 55/45 A 50 SECTION 5. Vehicles on Public Streets and Highways. Vehicles on public streets and highways within the Town of Los Altos Hills shall conform to the noise emission standards prescribed for them by the California Vehicle Code. SECTION 6. Effective Dates. The standards prescribed in Section shall become effective in accordance with the following schedule: 15 April 1971 Person Animal Motor Vehicle Sound Producing Device Machine, Tool or Appliance 1 June 1971 Implement of Husbandry Aircraft 1 January 1973 Farm Tractor SECTION 7. Penalties for Violation. Every person who violates this ordinance or suffers it to be violated shall be guilty of a misdemeanor and shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the County Jail for not to exceed six (6) months or by both such fine and imprisonment. _2. Ord. No. 181 Noise Ord. 3/15/71 rm 7J J SECTION 8. Violation Constitutes Nuisance. Each violation of this ordinance shall constitute a public nuisance and shall be subject to abate- ment as such. SECTION 9. Conflict with other Statutes. This ordinance shall not be deemed to supersede or repeal other existing ordinances or laws which are designed to control public nuisances or disturbances such as noise. SECTION 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The Council of the Town of Los Altos Hills hereby declares that it would have passed this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof irrespec- tive of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases be declared uncons$tutional or invalid. SECTION 11. Posting. This ordinance shall be posted in three public places within the Town of Los Altos Hills and shall, except as hereinabove specified, become effective thirty days following its adoption. SECTION 12. Adoption. The above and foregoing ordinance was introduced at a regulaz meeting of the City Council of the Town of Los Altos Hills on the 1st day of March, 1971, and was thereafter, at a regular meeting of said Council held on the 15th day of March, 1971, passed and adopted by the following roll call vote: AYES: Councilmen Corbett, Davey, Grabowski, Helgesson and Mayor Benson. NOES: None. ABSENT: None. APPROVED: /�/� /s/ WA R .�NSIXJ Walter A. Benson Mayor Town of Los Altos Hills Ord. No. 181 Noise Ord. 3/15/71 mam ATTEST • J�ip�, /s/ �TED�J. KKUJZEIC Ted J. Kluzek City Clerk Town of Los Altos Hills -3-