HomeMy WebLinkAbout2007/05/01 Item 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 17 OF THE MUNICIPAL CODE BY
AMENDING SECTIONS 17.24.040 AND 17.24.050 AND
ADDING SECTION 17.24.060 REGARDING NOISY
AND DISORDERLY CONDUCT
WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it
by the California Constitution and as a charter city, has the authority to enact laws that
promote the public health, safety, and general welfare of its residents; and
WHEREAS, the City of Chula Vista, acting through the City Council [the
Council], fmds and declares that disturbing, excessive, offensive, or unreasonable noises
create a drain on law enforcement resources when police are called to respond to the
noise, often multiple times; and
WHEREAS, when police are called to respond to noise complaints, it takes them
away from other calls for service; and
WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively
impact public health, safety, quiet enjoyment of property, and general welfare; and
WHEREAS, it is the intent of the Council to provide law enforcement personnel
in the City with additional tools to respond to and abate noise violations that constitute a
public nuisance within the City.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That the Chula Vista Municipal Code be amended to read as follows:
17.24.040
Disturbing, excessive, offensive, or unreasonable noises - Prohibited -
Exceptions.
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Ordinance No.
A. It is unlawful for any person in any commercial or residential zone in the City
to make, continue, or cause to be made or continued any disturbing, excessive, offensive,
or unreasonable noise, which disturbs the health, safety, general welfare, or quiet
enjoyment of property of others in any commercial or residential zone within the limits of
the City. This section shall not in any way affect, restrict, or prohibit any activities
incidental to scientific or industrial activities carried out in a reasonable manner
according to the usual customs of scientific or industrial activities, conducted in areas
zoned for such purposes, or upon lands which are under the jurisdiction of the board of
commissioners of the San Diego Unified Port District.
B. The characteristics and conditions to consider in determining whether a noise
is disturbing, excessive, offensive, or unreasonable in violation of this section shall
include, but not be limited to, the following:
1. The degree of intensity of the noise;
2. Whether the nature of the noise is usual or unusual;
3. Whether the origin of the noise is natural or unnatural;
4. The level of the noise;
5. The proximity of the noise to sleeping facilities;
6. The nature and zoning of the area from which the noise emanates and
the area where it is received;
7. The time of day or night the noise occurs;
8. The duration of the noise; and
9. Whether the noise is recurrent, intermittent, or constant.
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Ordinance No.
C. The following activities, among others, are declared to cause disturbing,
excessive, offensive, or unreasonable noises in violation oftbis section and to constitute a
public nuisance:
1. Radios, Phonographs, Amplifiers, and Other Devices. The using,
operating, or permitting to be played, used, or operated, any radio receiving set, musical
instrument, drums, phonograph, television set, loud speakers and sound amplifier, or
other machine or device for the producing or reproducing of sound in a manner that
disturbs the peace, comfort, or quiet enjoyment of any reasonable person of normal
sensitivity in the vicinity;
2. Animals and Birds. The keeping of any animal or bird which by
frequent or long continued noise disturbs the peace, comfort, or quiet enjoyment of
property of any person in the vicinity;
3. Drums and Musical Instruments. The use of any drum or other musical
instrument or device for the purpose of attracting attention, by creation of noise, to any
performance, show, or sale;
4. Loudspeakers, Amplifiers for Advertising. The using, operating or
permitting to be played, used, or operated, any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier, or other machine or device for the production
or reproduction of sound, which is heard upon a public street, for the purpose of
commercial advertising or attracting the attention ofthe public to any building or
structure, so as to annoy or disturb the peace, comfort, or quiet enjoyment of property of
persons in any office, dwelling, hotel, or other type of residence;
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Ordinance No.
5 . Yelling, Shouting. Loud or raucous yelling or shouting on public
streets, particularly between the hours of 11 :00 p.m. and 8:00 a.m., or at any time or place
in a manner that creates a disturbance of the public order where the yelling or shouting is
inherently likely to provoke an immediate violent reaction;
6. Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, compressor, motor boat, or motor vehicle
except through a muffler or other device, which will effectively prevent loud or explosive
noises therefrom;
7. Blowers. The operation of any noise-creating blower, power fan, or
any internal combustion engine, unless the noise from such blower or fan is muffled and
the engine is equipped with a muffler device sufficient to deaden the noise;
8. Power Machinery, Tools, and Equipment. The use of any tools, power
machinery, or equipment or the conduct of construction and building work in residential
zones so as to cause noises disturbing to the peace, comfort, and quiet enjoyment of
property of any person residing or working in the vicinity, between the hours of 10:00
p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m. and
8:00 a.m., Saturday and Sunday, except when the work is necessary for emergency
repairs required for the health and safety of any member of the community;
9. Motorcycle or Motor Vehicle Noises. No person operating a
motorcycle or motor-driven cycle shall increase the engine's revolutions 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
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Ordinance No.
disturbing, excessive, offensive, or unreasonable noise made by any motorcycle or other
motor vehicle not reasonably necessary in the operation of the cycle or vehicle under the
circumstances is prohibited and includes but is not limited to noise caused by screeching
oftires, racing or accelerating the engine, backfiring the engine, or other noise from the
engine tailpipe or muffler;
10. Horns, Signaling Devices. The sounding of any horn or signaling
device on any automobile, motorcycle, street car, or other vehicle on any street or public
place of the City, except as a danger warning; the creation by means of any such
signaling device of any unreasonably loud or harsh sound; the sounding of any device for
an unnecessary and unreasonable period of time; and the use of any signaling device
when traffic is for any reason held up;
II. Swimming Pool Mechanical Equipment. Swimming pool mechanical
equipment, including, but not limited to, mechanical filters, pumps, chlorinators, and pool
heaters, shall be located or soundproofed so that such equipment will not create
disturbing, excessive, offensive, or unreasonable noise that disturbs the peace and quiet
enjoyment of property of persons residing in the neighborhood.
D. Prima Facie Violations. Any ofthe following shall constitute evidence of a
prima facie violation of this section:
I. The operation of sound production or reproduction device, radio
receiving set, musical instrument, drum, phonograph, television set, machine, loud
speaker and sound amplifier or similar machine or device in a residential zone between
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Ordinance No.
the hours of 11 :00 p.m. and 8:00 a.m. in a manner as to be plainly audible at a distance of
fifty (50) feet from the building, structure, vehicle, or premises in which it is located;
2. The operation of any sound amplifier, which is part of or connected to,
any radio receiving set, stereo, compact disc player, cassette tape player, or other similar
device when operated at any time in a manner as to be plainly audible at a distance of
fifty (50) feet and when operated in a manner as to cause a person to be aware of
vibration accompanying the sound at a distance of fifty (50) feet from the source.
17.24.050
Enforcement of Prima Facie Violations.
A. Any person, who is authorized to enforce the provisions of this chapter and
who encounters evidence of a prima facie violation of Section 17.24.040, is empowered
to confiscate and impound as evidence any or all of the components amplifying or
transmitting the sound.
B. Any peace officer, as defined in the California Penal Code, who encounters
evidence of a prima facie violation of Section 17.24.040 whereby the components
amplifying or transmitting the sound are attached to a vehicle may, in accordance with
the provisions of California Vehicle Code Section 22655.5, impound the vehicle, as
containing evidence of a criminal offense, when the amplifying and/or transmitting
cornponent(s) cannot be readily removed from the vehicle without damaging the
component(s) or the vehicle.
17.24.060 Repeated Violations - Public Nuisance--Responsible Person - Cost
Recovery.
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Ordinance No.
A. Any person, who is responsible for a second violation of Section 17.24.040
within one year (365 days) of the fIrst violation at a place or premises including
residential or commercial property, under his or her control shall be liable for maintaining
a public nuisance, as defIned by state and/or local law. To be deemed a person
responsible for repeated violations of Section 17.24.040, it is not necessary for the person
to be found criminally liable for a violation of the section. In addition to other penalties
allowed by state law or this Municipal Code, a person responsible for repeated violations
of Section 17.24.040 may be subject to an administrative fme of$l,OOO per incident. The
administrative fIne shall constitute a debt of the responsible person to the City, and shall
be payable to the City in the manner provided in CVMC Chapters 1.40 and 1.41 and
other applicable law. If the responsible person is a minor, the parent or guardian of the
minor shall be jointly and severally liable under this section.
B. Under the provisions of this section, a responsible person shall include a
property owner of a residential or commercial property, who has actual knowledge or
who receives actual notice of a fIrst violation of Section 17.24.040 committed by a
tenant. A property owner, who has actual knowledge or who receives actual notice of a
fIrst violation of Section 17.24.040 by a tenant, shall take any and all reasonable steps to
ensure that the property is not being maintained in a manner to constitute a public
nuisance as defIned by state and/or local law.
C. Where there occurs a repeated violation of Section 17.24.040 within one year
(365 days) of a previous violation and the responsible party has been provided written
notice of the previous violation, the responsible person shall be held liable for the cost of
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Ordinance No.
providing police services needed as a result of the second violation to control the threat to
the public peace, health, safety, general welfare, or quiet enjoyment of the property. The
imposition of this liability for cost recovery shall be governed by the provisions of
Government Code Section 38773, CVMC 1.41.140, and other applicable law. A repeated
violation of Section 17.24.040 may also result in the arrest and/or citation of violators of
the California Penal Code, this Municipal Code, or other applicable state or local law.
D. Nothing in this section shall be construed as affecting the ability to initiate or
continue concurrent or subsequent criminal prosecution for any violation of the
provisions of this Municipal Code or any state law arising out of the same circumstances
necessitating the application of this section.
SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days
after its final passage.
Presented by
AnnMoo~ ~~
Richard P. Emerson
Chief of Police
J :\AttomeyVDA WSON\Ordinances\Noise Ordinance.fnl (REDLINE-SOL 04-12-07 .doc
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 17 OF THE MUNICIPAL CODE BY
AMENDING SECTIONS 17.24.040 AND 17.24.050 AND
ADDING SECTION 17.24.060 REGARDING NOISY
AND DISORDERLY CONDUCT
WHEREAS, the City of Chula Vista, pursuant to the police powers delegated to it
by the California Constitution and as a charter city, has the authority to enact laws that
promote the public health, safety, and general welfare of its residents; and
WHEREAS, the City of Chula Vista, acting through the City Council [the
Council], finds and declares that disturbing, excessive, offensive, or unreasonable noises
create a drain on law enforcement resources when police are called to respond to the
noise, often multiple times; and
WHEREAS, when police are called to respond to noise complaints, it takes them
away from other calls for service; and
WHEREAS, disturbing, excessive, offense, or unreasonable noises can negatively
impact public health, safety, quiet enjoyment of property, and general welfare; and
WHEREAS, it is the intent of the Council to provide law enforcement personnel
in the City with additional tools to respond to and abate noise violations that constitute a
public nuisance within the City.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain as follows:
SECTION I: That the Chula Vista Municipal Code be amended to read as follows:
17.24.040
Laud, unneeessary, unusualar eantinuedDisturbine:, excessive,-6I'
offensive. or unreasonable noises - Prohibited - Exceptions.
3-9
Ordinance No.
A. It is unlawful for any person in any commercial or residential zone in the City
to make. continue. or cause to be made or continued any disturbing. excessive.-er
offensive. or unreasonable loud, UIlReeessary, al11easonable or UIlllsual noise, which,.-By
its nature, degree of intensity, or length of time eontinaea or frequent repetition, _disturbs
the health. safety. general welfare. or quiet en;oyment of property of others comfort or
repose of others or injares or eadangers the health, peace, or safety, or quiet eRio';,ment of
property of others in any commercial or residential zone within the limits of the Ceity~,
provided, however, that tIhis section shall not in any way affect, restrict, or prohibit any
activities incidental to scientific or industrial activities carried out in a reasonable manner
according to the usual customs of scientific or industrial sai4-activities, conducted in
areas zoned for such purposes, or upon lands which are under the jurisdiction of the board
of commissioners of the San Diego Unified Port District
B. The characteristics and conditions to consider -te-in determining whether a
noise is disturbing. excessive. _offensive, or unreasonable in violation of this section
shall include. but not be limited to, the following:
l. The degree of intensity of the noise:
2. Whether the nature ofthe noise is usual or unusual:
3. Whether the origin of the noise is natural or unnatural:
4. The level of the noise:
5. The proximity of the noise to sleeping facilities:
6. The nature and zoning of the area from which the noise emanates and
the area where it is received:
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Ordinance No.
7. The time of day or night the noise occurs:
8. The duration of the noise: and
9. Whether the noise is recurrent, intermittent. or constant.
C. The following activities, among others, are declared to cause disturbing,
excessive, -Bf-offensive, or unreasonable noises in violation of this section and to
constitute a public nuisance and are unlawful. aamely;
1. Radios. Phonographs, Amplifiers, and Other Devices.~ The using,
operating, or permitting to be played, used, or operated.-ef. any radio receiving set.
musical instrument, drums, phonograph, television set. loud speakers and sound
amplifier, or other machine or deyice for the producing or reproducing of sound in asoofi
manner that as--te-disturbs the peace, comfort, or quiet enioyment of any reasonable
person of normal sensitivity in the vicinity; an area of the city is erohibited
2. Animals and Birds. The keeping of any animal or bird which by
frequent or long continued noise sflall-disturbs the peace. comfort, or quiet enioyment of
property reposeof any person residin:::: or ",orkin:::: in the vicinity;
3. Drums and Musical Instruments. The use of anv drum or other musical
instrument or device for the purpose of attracting attention, by creation of noise, to any
performance. show, or sale:
4. Loudspeakers. Amplifiers for Advertising. The using. operating or
permitting to be played, used, or operated, ef.any radio receiving set. musical instrument,
phonograph, loudspeaker, sound amplifier, or other machine or deyice for the production
or reproduction of sound. which is heard €aSt-upon a public thestreet, s-for the purpose of
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Ordinance No.
commercial advertising or attracting the attention of the public to any building or
structure, so as to annoy or disturb the peace, comfort, or quiet enioyment of property,
comfort or repose of persons in any office, _dwelling, hotel. or other type of residence;
5. Yelling, Shouting. Loud or raucous velling or .-shouting on tlle-public
streets, particularly between the hours of II :00 p.m, and 8:00 a.m" or at any time or place
in soofi-a manner that creates a disturbance of the public order where the yelling or
shouting is inherently likely to provoke an immediate violent reaction; lly aR act of
violence or b',' aIr,' act likely to prodHce violence
6. &cExhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, compressor. motor boat, or motor vehicle
except through a muffler or other device. which will effectively prevent loud or explosive
noises therefrom; provided, that this subsection and these slillsections shall not in any
way affect, restrict or "rohillit any acti'iities iReidental to scientific or indHstrial research,
or l'llanHfactmini:;, "Hblic Htility "lants, construction or re"airinl1: cORdHcted in areas zoned
f-or sHch "umoses, inelHding emeri:;eRCV re"airs in any zoae. or upon lands which are
Iffider the iurisdiction of tile board of commissioners of me SaR Diei:;o Unified Port
District;
7. Blowers. The operation of any noise-creating blower, -Bf-power fan, or
any internal combustion engine, unless the noise from such blower or fan is muffled and
the soofi-engine is equipped with a muffler device sufficient to deaden the &<l€llnoise;
provided, however. that this section and sHbsectioRs shall not iR a1TY way affect, restrict
or "rohibit an',' acti'iities incidental to scientific or iRduotrial research, or manHfactmiHi:.
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Ordinance No.
public rn:ility lllaRts, cOllstruction or rellairim:: conducted in areas zoned for sueh
llafPOSeS, ineludillg emergellev rellairs ill allY zone, or ullolllallds wllicfl are liBEler the
iurisdiction of the beard of cemmissiollers efthe gall DielOo Unified Port District
8. Power Machinery, Tools, and Equipment. The use of any tools, power
machinery. or equipment or the conduct of construction and building work in residential
zones so as to cause noises disturbing to the peace, comfort, and quiet enioyment of
property reposeof any person residing or working in the yicinity, between the hours of
10:00 p.m. and 7:00 a.m., Monday through Friday, and between the hours of 10:00 p.m.
and 8:00 a.m., Saturday and Sunday, except when the work-same is necessary for
emergency repairs required for the health and safety of any member of the community;
9. Motorcycle or Motor Vehicle Noises. No person operating a
motorcycle or motor-driyen cycle shall increase the engine's reyolutions 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 yehicle. Further, any
disturbing. excessiye. offensiye, or umeasonable UFmsual. loud or disturbifllO noise made
by any motorcycle or other motor yehicle not reasonably necessary in the operation of the
saffi-cycle or yehicle under the circumstances is prohibited and includes but is not limited
to noise caused by screeching of tires. racing or accelerating the engine, backfiring the
engine. or other noise and exhaust from the engine tailpipe or muffler;
10. Horns, Signaling Deyices. The sounding of any horn or signaling
deyice on any automobile, motorcycle, street car, or other yehicle on any street or public
place of the Ceity, except as a danger warning: the creation by means of any such
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Ordinance No.
signaling device of any unreasonably loud or harsh sound; the sounding of any device for
an unnecessary and unreasonable period of time; and the use of any signaling device
when traffic is for any reason held up;
11. Swimming Pool Mechanical Equipment. Swimming Pepool
mechanical equipment. including. but not limited to. mechanical filters. pumps.
chlorinators. and pool heaters. shall be se-located or soundproofed so that such equipment
will not create disturbing. excessive. offensive, or unreasonable loud. llI'.RecessafY.
UIlUSUW or colltilluilll/: noise that so as to disturbs the peace and quiet enioyment of
property of persons residing in the neighborhood.
D. Prima Facie Violations. Any of the following shall constitute evidence ofa
prima facie violation of this section:
1. The operation of sound production or reproduction device. radio
receiving set. musical instrument. drum. phonograph. television set. machine. loud
speaker and sound amplifier or similar machine or device in a residential zone between
the hours of 11 :00 p.m. and 8:00 a.m. in a sooIunanner as to be plainly audible at a
distance of fiftv (50) feet from the building, structure. vehicle. or premises in which it is
located shall cOllatitute e...ieellce of a prima facie violatioll of this sectioR;
2. The operation of any sound amplifier. which is part of or connected to.
any radio receiving set. stereo. compact disc player. cassette tape player. or other similar
device when operated at anv time in such as a manner as to be plainly audible at a
distance of fifty (50) feet and when operated in ~a manner as to cause a person to be
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Ordinance No.
aware of vibration accompanving the sound at a distance of fifty (50) feet from the
source.
17.24.050
Louo, unnecessary, unusual or continueo noi5cs Designatco ana
oeserilleo.Enforcement of Prima Facie Violations.
A. Anv person, who is authorized to enforce the provisions of this chapter and
who encounters evidence of a prima facie violation of Section 17.24.040. is empowered
to confiscate and impound as evidence anv or all of the components amplifying or
transmitting the sound.
B. Anv peace officer. as defined in the California Penal Code. who encounters
evidence of a prima facie violation of Section 17.24.040 wherebv the components
amplifying or transmitting the sound are attached to a vehicle mav. in accordance with
the provisions of California Vehicle Code Section 22655.5. impound the vehicle. as
containing evidence of a criminal offense. when the amplifying and/or transmitting
component(s) cannot be readilv removed from the vehicle without damaging the
component(s) or the vehicle. The f-allowlng acts, amoIlg others, are declared to be
distarbing and lIflIlecessary noises in 'iiolation of this chapter, but said enumeration shall
not be deemed to be exclusive, namely:
.^.. Radios, PhOROgraphs, .^JHplifiers, Etc. The using, operating, or permitting to
be played, used or operated, of any radio receiving set, musical instrument, phonograph,
television or other machine or device for the producing or reproducing of sound in SlieR
mar.ner as to disturb the comfort and repose of any perseR residing or working in the
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Ordinance No.
yieillity, or at allY time '.yith IOHder vollHBe than is Ileeessary fer eOllvelliellt hearillg by
the perooll or persons who are ill the room, place, ychicle or premises ill 'shieh sHeh
maehiae Elr de'lice is operated, and vohEl are VElIHntary listcaers thereto. The ElPcratioa of
any sHeh set, illstrumeat, phollogrflj'lh, machiae or device betweell the hOHrs of 12:00
midllight and 8:00 a.m. ia sHeh mar.ner as to be plaialy aHdible at a distanee of 50 feet
from the lmildillg, strucrure, yehiele or premises ill whieh it is loeated shall be prima facie
eyidellee ofa violatioa of this seetioa and CVMC 17.24.040;
B. !.nimals, Birds, Ete. The keepillg of any animal or bird '.yhieh by frequeat or
long eoatinued Iloise shall distar.a the eomf-ort or repose of any persoa residillg er
working ia the vieinity;
C. Noises Ilear Schools, Courts, Chillehes and Hospitals. The ereatioa of any
unaeeessary noise oa the street adjaeeat to any sehool, ehurch or eoar! so as to distarb or
ur.nccessarily iaterfere with the workiags of sach iastitatioa; or the creatioll of any
Hr.nceessary aoise oa the street adjaeeat to a hospital so as to ur.necessarily or
unreasoaably distHrB the patieats ia sach hospital;
D. Hawkers, Peddlers. The shouting and cryiag of peddlers, hawkers and veadors
which distarb the peace aRd quiet of the aeighborhood;
E. Drums. The llSC of aR-Y drum or other iastrumeat or de'/ice for the parpose of
attractiag atteatioa, by ereatioa of noise, to any performance, show or sale;
F. Loudspeakers, i\mplifiers for .^.d'lertisiag, Etc. The asiag, operatiag or
permittiag to be played, used or operated, of any radio recei'liag set, musical iastrumeat,
phoaograph, loadspeaker, sOllFHl aR'Ijllifier, or other macmae or device for the productioa
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Ordinance No.
or reproductioa of SOlIDd which is east upon the streets for the pHfj'lose of commercial
advertisiag or attracting the attcmioa of the pHblic to any bHilding or structHfe, so as to
ar.noy or disturb the quiet, comfort or repose of pef38aS ia any office, or d'.velliag, hotel
or other type of resideace;
G. Yelliag, Shomiag, Etc. LOHd or raHCOHS yelling, shoHtiag, hooting, '.vhistling
or singing oa the public streets, particularly behveen the hOHf5 of 12:00 midnight and
&:00 a.m., er at any time or place so as to fIf.noy or disturb the quiet, cernfort or repose of
pemoas in aRY office, or ia aay dv.'elling, hotel or other type of residence, or of aay
persoa in the vicinity;
If. Exhallsts. The discharge imo the open frir of the exhflHst of any steam engine,
statioaary illternal combustioa eagine, compressor, motor boat, or motor vehicle exeept
throHgh a mllffler or other de'/ice which will effectively pre'/em 10lld or e](plosive noises
therefrom; provided, that tms soosectioa and these subsectiol1s shall not in aJ'ly way
affect, rcstrict or prohibit aay activities incidelltal to scientific or industrial research, or
ffiaJ'lHfaeturing, poolie utility plams, co!!struction or rcpfriri!!g conaucted in areas z8ned
for such pHrposes, including emergency repairs in any zone, or upen laRds ','{meh are
IInder the jurisdiction of the board of commissioners of the San Diego Unifiea Port
District;
I. Blowers. The operation of any noise creating blower or pO'Ner fan or aay
internal eombustien engine, unless the noise from sHch blower or fan is mllffled and such
e!!gine is eqllipped with a muffler aevice suffieiem to deade!! sllch noise; provided,
hO'Never, that this section and sUBsectioRs shall not in any way affect, restrict or prohibit
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Ordinance No.
ooy activities incideatal to scientific or indtlstria-l research, or maoofacturing, pUBlic
utility plants, construction or repairing conducted in areas zoned for such purposes,
inchlding emergency repairs in any zone, or upon lands which are lffider the jurisdiction
of the board of cemmissioners of the San Diego Unified Port District;
J. Power Machinery, Tools and Equipmeat. The !owe of aRY tools, power
maehinery er equipment or the conduct of construction and building work in residentia-l
zones so as to cause noises disturbing to the comfort and repose of ooy person residing or
\verking in the vicinity, bet';/een the hOlirs of 10:00 p.m. and 7:00 a.m., Monday through
Friday, and between the hours of 10:00 p.m. and 8:00 a.m., Sahlrday and Slffiday, eKcep!
when the same is necessary for emergency repairs required for the health and safety of
aRY member of the commlffiity;
K. Motorcycle or Moter Vehide 1'loises. rle person operating a motorcyele or
motor driyen cycle slmll iRerease the engine's revolutions per minute while the
transmission is in newal or the dutch is engaged so as to calise more Roise to be emitted
than is necessary for the nElfmal operation of the vehide. Flirther, any eKcessive, IffiUSua-l,
loud or disturbing Roise made by any motorcyde or other motor vehide not reasonably
necessary in the operation of said cyde or vehicle under the circumstances is prohibited
aRd includes but is not limited to noise caused by screeching of tires, racing or
accelerating the engine, backfiring the engiRe and eKhatlst from the engine tailpipe or
nltlfflcr;
L. Horns, Signa-ling Devices, Etc. The sOUflding of aRY hem or signaling de'liee
on any arnomobile, motorcycle, street car or other vehicle on any street or floolic place of
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Ordinance No.
the eity, eKcept as a danger warning; the creation by means of any such signalillg dcvice
of any llilfeasonably loud or harsh sOlmd; the sOLlFlding of any device for an lli'.ReeeGsary
and unreasonable period of time; and the use of any signaling de'iice when traffie is f-or
any reaSOR held lip;
M. Sv;imming Pool Mechanical Eqllipment. Swimming pool mechanieal
equipmeRt, iRell1diRg, bat Rot limited to, mechanical filters, pumps, ehlorinators aad pool
heaters, shall be so loeated or soulldproofcd that sueh equipment will not create loud,
I1IlRecessary, wmsl1al or CORtiauiRg Raise so as to diotarB the peace aIld ql1iet of persoRs
residing in the ReighBorhood.
17.24.060 Repeated Violations - Public Nuisance--Responsible Person - Cost
Recoverv.
A. Anv person. who is responsible for a second violation of Section 17.24.040
within one year (365 days) of the first violation at a place or premises ,including
residential or commercial property. under his or her control ,shall be liable for
maintaining a public nuisance. as defined bv state and/or local law. -To be deemed a
person responsible for repeated violations of Section 17.24.040. it is not necessary for the
person to be found criminally liable for a violation of the section. In addition to other
penalties allowed bv state law or this Municipal Code. a person responsible for repeated
violations of Section 17.24.040 may be subiect to an administrative fme of$I.OOO per
incident. The administrative fine shall constitute a debt of the responsible person to the
City. and shall be pavable to the City in the marmer provided in CVMC Chapters 1.40
. 3-19
Ordinance No.
and 1.41 and other applicable law. If the responsible person is a minor, the parent or
guardian of the minor shall be iointlv and severally liable under this section.
B. Under the provisions of this section. a responsible person shall include a
property owner of a residential or commercial property, who has actual knowledge or
who receives actual notice of a first violation of Section 17.24.040 committed bv a
tenant. A property owner, who has actual knowledge or who receives actual notice of a
first violation of Section 17.24.040 bv a tenant, shall take any and all reasonable steps to
ensure that the propertv is not being maintained in a manner to constitute a public
nuisance as defined bv state and/or local law.
C. Where there occurs a repeated violation of Section 17.24.040 within one vear
(365 days) of a previous violation and the responsible party has been provided written
notice ofthe previous violation, the responsible person shall be held liable for the cost of
providing police services needed as a result of the second violation to control the threat to
the public peace, health, safety, general welfare. or quiet eniovment of the property. The
imposition of this liability for cost recovery shall be governed bv the provisions of
Government Code Section 38773, CYMC 1.41.140. and other applicable law. A repeated
violation of Section 17.24.040 may also result in the arrest and/or citation of violators of
the California Penal Code. this Municipal Code. or other applicable state or local law.
D. Nothing in this section shall be construed as affecting the ability to initiate or
continue concurrent or subsequent criminal prosecution for anv violation of the
provisions of this Municipal Code or anv state law arising out of the same circumstances
necessitating the application of this section.
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Ordinance No.
SECTION II: Effective Date.-Jhis Ordinance shall take effect and be in force thirty
days after its [mal passage.
Presented by
~lJat/~/r;
i.. ~Moore /
Richard P. Emerson
Chief of Police
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