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Home My WebLink AboutOrd 1967-1073 ORDINANCE NO. 1073 AN ORDINANCE AMENDING SECTIONS 20.35.1 AND 20.35.2 OF THE CHULA VISTA CITY CODE RELATING TO EXCESSIVE NOISE City Council of the City of Chula Vista does ordain SECTION I: That Sections 20.35.1 and 20.35.2 of the Chula J:a City Code be, and the same are hereby amended to read as follows: Section 20.35.1. Loud, Unnecessary, Unreasonable, Unusual Noises--Prohibited--Exceptions. , It shall be unlawful for any person in any commercial or iàential zone in the City of Chula Vista to make or cause to be ~or continued any loud, unnecessary, unreasonable or unusual noise cr, by its degree of intensity or length of time continued or fre- ':~ repetition distrubs the comfort or repose of others or injures or ,~ngers the health, peace or safety of others in any residential zone 'in the limits of the City, provided, however, that this section ,~not in any way affect, restrict or prohibit any activities in- ntal to scientific or industrial activities carried out in a reason- . manner according to the usual customs of said activities, conducted àreas zoned for such purposes, or upon lands which are under the isdiction of the Board of Commissioners of the San Diego Unified Port ßtrict. 1. ê, Section 20.35.2. Same--Same--Enumerated--Declaration of r. CertaIn Acts ConstItutIng. ,:iJ,: The following acts, among others, are declared to be disturb- .I'and unnecessary noises in violation of this ordinance, but said ~ration shall not be deemed to be exclusive, namely: (a) Radios, phonographs, amplifiers, etc. The using, oper- or permitting to be played, used or operated, any radio receiving , musical instrument, phonograph, television or other machine or :'ce for the producing or reproducing of sound in such manner as to ~urb the comfort and repose of any person residing or working in the inity, or at any time with louder volume than is necessary for con- Jent hearing by the person or persons who are in the room, place, idle or premises in which such machine or device is operated and who ~'vo1untary listeners thereto. The operation of any such set, instru- 't, phonograph, machine or device between the hours of 12:00 o'clock night and 8:00 o'clock a.m. in such manner as to be plainly audible rdistance of fifty feet from the building, structure, vehicle or ~ises in which it is located shall be prima facie evidence of a ~ation of this and the preceding section. (b) Animals, birds, etc. The keeping of any animal or bird bh by frequent or long continued noise shall disturb the comfort or se of any person residing or working in the vicinity. (c) Noises near Schools, Courts, Churches and Hospitals. The ~~tion of any unnecessary noise on the street adjacent to any school, ~ch or court so as to disturb or unnecessarily interfere with the ~ngs of such institution; or the creation of any unnecessary noise ,the street adjacent to a hospital so as to unnecessarily or unreason- ~ disturb the patients in such hospital. n ,K" (d) Hawkers, Peddlers. The shouting and crying of peddlers, and vendors which disturbs the peace and quiet of the neighbor- (e) Drums. The use of any drum or other instrument or device ,the purpose of attracting attention by creation of noise to any "'brmance, show or sale. -1- (f) Loud Speakers, Amplifiers for Advertising, etc. The sing, operating or permitting to be played, used or operated, any radio eceiving set, musical instrument, phonograph, loud speaker, sound mplifier or other machine or device for the production or reproduction f sound which is cast upon the streets for the purpose of commercial dvertising or attracting the attention of the public to any building or structure, so as to annoy or disturb the quiet, comfort or repose of 'ersons in any office, or dwelling, hotel or other type of residence. " (g) Yelling, Shouting, etc. Loud or raucous yelling, shout- :¡ng, hooting, whistling or singing on the public streets, particularly þ~tween the hours of 12:00 o'clock midnight and 8:00 a.m., or at any ime or place so as to annoy or disturb the quiet, comfort or repose f, persons in any office, or in any dwelling, hotel or other type of 'sidence, or of any person in the vicinity. (h) Exhausts. The discharge into the open air of the exhaust f any steam engine, stationary internal combustion engine, compressor, 6tor boat, or motor vehicle, except through a muffler or other device hich will effectively prevent loud or explosive noises therefrom; pro- ;ided that this subsection and these subsections shall not in any way ffect, restrict or prohibit any activities incidental to scientific ~ industrial research, or manufacturing, public utility plants, con- truction or repairing conducted in areas zoned for such purposes, in- luding emergency repairs in any zone, or upon lands which are under the 'urisdiction of the Board of Commissioners of the San Diego Unified Port istrict. (i) Blowers. The operation of any noise-creating blower or power fan or any internal combustion engine, the operating gases or luids, unless the noise from such blower or fan is muffled and such ngine is equipped with a muffler device sufficient to deaden such oise; provided, however, that this section and subsections shall not 'n any way affect, restrict or prohibit any activities incidental to cientific or industrial research, or manufacturing, public utility lants, construction or repairing conducted in areas zoned for such vrposes, including emergency repairs in any zone, or upon lands which re under the jurisdiction of the Board of Commissioners of the San iego Unified Port District. (j) Power Machinery, Tools and Equipment. The use of any tools, power machinery or equipment so as to cause noises disturbing 0 the comfort and repose of any person residing or working in the ;icinity, between the hours of 10:00 o'clock p.m. and 8:00 o'clock ,om. except when the same is necessary for emergency repqirs required or the health and safety of any member of the community. , (k) Motorcycle or Motor Vehicle Noises. No person operating ~ motorcycle or motor-driven cycle shall increase the engine's revolu- tions per minute while the transmission is in neutral or the clutch is engaged so as to cause more noise to be emitted than is necessary for the normal operation of the vehicle. Further, any excessive, unusual, loud or disturbing noise made by any motorcycle or other motor vehicle not reasonably necessary in the operation of said cycle or vehicle under ,the circumstances is prohibited and shall include but not be limi ted to noise caused by screeching of tires, racing or accelerating the engine, Þackfiring the engine and exhaust from the engine tailpipe or muffler. (1) Horns, Signaling Devices, etc. The sounding of any 'orn or signaling device on any automobile, motorcycle, street car or ther vehicle on any street or public place of the City, except as a ~anger warning; the creation by means of any such signaling device of nY unreasonably loud or harsh sound; and the sounding of any device 'or an unneces sary and unreasonable period of time. The use of any ignaling device when traffic is for any reason held up. SECTION II: This ordinance shall take effect and be in force thirty-first day from and after its passage and approval. ~~),'Cl . , '" ~ , ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, this - 22nd - day of -- August , 19~, by the £:>llo\oling vote, Councilmen McAllister, Sparling, Sylves~er, Anderson, McCorquodale Councilmen None .. Councilmea None //" (---. - d4:~~ O-~rf~ City Clerk ) ) 6S. ) I, KENNETH P. G.8J.1FBELL, City Clerk of th", City of Chula Vista, California, that the above acd for"'going is a full, true G,nd correct copy of --- , and that the same has not been amended - - ---- -- City Clerk