Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held March 20, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on March 6, 2024, and thereafter at a regular meeting of said City Council duly held March 20, 2024, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on March 20, 2024.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: March 20, 2024 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
From: Michelle Anglin, Community Services Director
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:
Discussion of Poultry/Fowl Laws
RECOMMENDATION:
Discuss current Norco Municipal Code as it pertains to poultry/fowl laws and provide staff feedback for possible future amendments.
SUMMARY:
At the March 6, 2024 City Council meeting, City Council requested staff to bring back fowl/poultry laws for future discussion.
BACKGROUND:
City Council requested that a future discussion take place regarding the current poultry/fowl Municipal Code requirements in the City of Norco. The goal of the discussion is to analyze the code and make sure it clearly reflects the spirit and intent of the City Council to protect and preserve Rex Clark’s vision of a rural lifestyle; building modest homes, planting gardens, and raising chickens or rabbits.
Most recently, the issue of keeping certain types of poultry/fowl contained on one's property was addressed. The current Norco Municipal Code Chapter 8.04 Animals Running at Large includes but is not limited to the following section:
8.04.010 Poultry--Prohibited.
No person having charge, control, or custody of chickens, ducks, geese, and other domestic fowls shall permit such poultry to wander or run at large, in or on any public street, alley, sidewalk or other public place within the city, or in or upon the gardens, yards, fields, or premises of any person in the city, other then that of the owner of such fowl. Such activity is declared to be a nuisance and it is unlawful for the owner or the person having charge, control, or custody of any such poultry to suffer or permit the same to run at large within the city. (Ord. 300, Sec. 1, 1977)
8.04.030 Impoundment.
It shall be the duty of the animal control officer, upon finding any such animal or poultry wandering, running at large, pasturing, or grazing in violation of this chapter, to place such animal in confinement. Within twenty-four hours after such seizure, the animal control officer shall give written notice to the owner or person having charge or custody of the animal, if known, by personal service, certified mail, or by leaving said notice with a responsible adult at the residence. Upon receipt of such notice, the owner or person having charge or custody of the animal shall immediately claim or make arrangements to claim such animal and pay the impoundment fee and all other costs incurred for the care of the animal or fowl while in confinement, including, but not limited to, the cost of transportation and feed. (Ord. 399, Sec. 3, 1977)
It is understood that some fowl/poultry are free-range and can fly over fences to neighboring residents or enter into the public right-of-way, however, the current code is explicit to containment of such fowl/poultry. The Council may wish to consider amendments to make the code consistent with community expectations regarding fowl/poultry.
Through City Council's discussion, staff is seeking feedback, input and direction from City Council for future potential amendments to this Municipal Code.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #1, Public Health, Safety and Wellness - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: March 20, 2024 Agenda Item:
6.B.
To: Honorable Mayor and City Council Members
From: Lori Sassoon, City Manager
Prepared By: Jackie Salgado, Admin Intern
Department: Administration
SUBJECT:
Discussion regarding Municipal Code Chapter 9.07 - Noise Regulations and enforcement options - Oral Report
RECOMMENDATION:
Discuss possible Ordinance updates and provide direction to staff.
SUMMARY:
The Municipal Code Chapter 9.07 regulates noise in the City of Norco. In response to community complaints regarding amplified noise, most especially loud weekend parties and repeat violations at the same locations, the Council requested that this matter be brought forward for a discussion. In the oral report, some potential concepts will be provided Council consideration that would provide for additional clarity in the ordinance as well as further enforcement options.
BACKGROUND:
An oral report will be provided at the Council Meeting. A copy of the Municipal Code Chapter 9.07 is attached.
FISCAL IMPACT:
N/A
RELATIONSHIP TO STRATEGIC PLAN:
This action is consistent with Strategic Plan Direction No. 1 - Public Health, Safety, and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Chapter 9.07 - Noise Regulations
Chapter 9.07
NOISE REGULATIONS
Sections:
9.07.010 Purpose, intent and findings.
9.07.020 Exemptions.
9.07.030 Definitions.
9.07.040 General sound level standards.
9.07.050 Sound level measurement methodology.
9.07.060 Special sound sources standards.
9.07.070 Violations and penalties.
9.07.080 Duty to cooperate.
* Prior ordinance history: Ord. 590.
9.07.010 Purpose, intent and findings.
The City Council finds, determines and declares that this chapter has been amended based upon the following facts and purposes:
(1) At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of Norco City residents and degrade their quality of life. The City Council of Norco hereby declares that noise shall be regulated in the manner described herein. This code is intended to establish City of Norco standards regulating noise. This code is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act and no such thresholds are hereby established. (Ord. 979 Sec. 1, 2014)
9.07.020 Exemptions.
Sound emanating from the following sources is exempt from the provisions of this chapter:
A. Facilities owned or operated by or for a governmental agency; B. Capital improvement projects of a governmental agency; C. The maintenance or repair of public properties;
D. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile; E. Public or private schools and school-sponsored activities; F. Agricultural operations provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile;
G. City Sanctioned Events. The provisions of this title shall not apply to those reasonable sounds emanating from occasional public and private outdoor or indoor gatherings that require a City permit, public dances, shows, bands, sporting and entertainment events conducted and in compliance with such permit; H. City and other public agency sponsored events;
I. Private construction projects involving no more than one unit located within one-quarter of a mile from an inhabited dwelling; provided, that:
1. Construction does not occur between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday and 7:00 p.m. and 8:00 a.m., on Saturday and Sunday, unless specified by permit; J. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 8:00 a.m. and 7:00 p.m.; K. Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems;
L. Heating, exhaust, and air conditioning equipment;
M. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare; N. The discharge of firearms consistent with all state laws; O. Sounds produced by any domestic animals and livestock, specifically including dogs and roosters; P. Construction-related single events or continuous events subject to a permit issued by the City of Norco. (Ord. 979 Sec. 1, 2014)
9.07.030 Definitions.
As used in this code, the following terms shall have the following meanings:
A. “Audio equipment” means a television, stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
B. “Decibel (dB)” means a unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately 130 decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies as defined below:
1. “A-weighting (dBA)” means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.
2. “Maximum sound level (Lmax)” means the maximum sound level measured on a sound level meter.
C. “Governmental agency” means the United States, the State of California, Riverside County, City of Norco, any city within Riverside County, any special district within Riverside County or any combination of these agencies.
D. “Land use permit” means a discretionary permit issued by the City of Norco pursuant to Title 18.
E. “Motor vehicle” means a vehicle that is self-propelled.
F. “Motor vehicle sound system” means a stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
G. “Noise” means any loud, discordant or disagreeable sound.
H. “Occupied property” means property upon which is located a residence, business or industrial or manufacturing use.
I. “Off-highway vehicle” means a motor vehicle designed to travel over any terrain.
J. “Public property” means property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks, and alleys.
K. “Public or private school” means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.
L. “Sensitive receptor” means a land use that is identified as sensitive to noise in the noise element of the Riverside County general plan, as applicable to the City of Norco, or the Norco Municipal Code, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.
M. “Sound amplifying equipment” means a loudspeaker, microphone, megaphone or other similar device.
N. “Sound level meter” means an instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data. (Ord. 979 Sec. 1, 2014)
9.07.040 General sound level standards.
No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Table 1 or that violates the special sound source standards set forth in Section 9.07.060.
Table 1
Sound Level Standards (dB L
max
)
Land Use Land Use Designation Name Density
Maximum Decibel Level
7 am—10
pm
10 pm—7 am
Community
Development
Estate Density Residential 2 ac 55 45
Very Low Density Residential 1 ac 55 45
Low Density Residential 1/2 ac 55 45
Medium Density Residential 2—5 55 45
Medium High Density
Residential
5—8 55 45
High Density Residential 8—14 55 45
Very High Density Residential 14—20 55 45
Land Use Land Use Designation Name Density
Maximum Decibel Level
7 am—10
pm
10 pm—7 am
Highest Density Residential 20+ 55 45
Retail Commercial 65 55
Office Commercial 65 55
Tourist Commercial 65 55
Community Center 65 55
Light Industrial 75 55
Heavy Industrial 75 75
Business Park 65 45
Public Facility 65 45
Specific Plan—Residential 65 45
Specific Plan—Commercial 55 55
Specific Plan—Light Industrial 65 55
Specific Plan—Heavy Industrial 75 55
Rural
Community
Estate Density Residential 2 ac 55 45
Very Low Density Residential 1 ac 55 45
Low Density Residential 1/2 ac 55 45
Rural
Rural Residential 5 ac 45 45
Rural Mountainous 10 ac 45 45
Rural Desert 10 ac 45 45
Agriculture Agriculture 10 ac 45 45
Open Space
Conservation 45 45
Conservation Habitat 45 45
Recreation 45 45
Rural 20 ac 45 45
(Ord. 979 Sec. 1, 2014)
9.07.050 Sound level measurement methodology.
If the sound standard being applied is measured in decibels, then sound level measurements pursuant to this section shall be required to establish a violation of this chapter. If the sound standard being applied is not measured in decibels, then sound level measurements are not required to establish a violation of this chapter. Sound level measurements may be made anywhere within the boundaries of an occupied property.
The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9.07.080. Sound level measurements shall be made with a sound level meter.
Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be reverified. Sound level meters and calibration equipment shall be certified annually. (Ord. 979 Sec. 1, 2014)
9.07.060 Special sound sources standards.
The general sound level standards set forth in Section 9.07.040 apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the
sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitutes separate violations of this chapter:
A. Motor Vehicles.
1. Off-Highway Vehicles.
a. No person shall operate an off-highway vehicle unless it is equipped with a USDA-qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.
b. No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287.
2. Sound Systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than 100 feet from the vehicle. Sound level measurements may be used, but are not required to establish a violation of this subsection.
B. Power Tools and Equipment. No person shall operate any power tools or equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 100 feet from the power tools or equipment. Sound level measurements may be used, but are not required to establish a violation of this subsection.
C. Audio Equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment. Sound level measurements may be used, but are not required to establish a violation of this subsection.
D. Sound Amplifying Equipment and Live Music. No person shall install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control:
1. Sound amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m.
2. Sound emanating from sound amplifying equipment or live music at any other time shall not be audible to the human ear at a distance gPage 225 of 226 reater than 100 feet from the equipment or music.
Sound level measurements may be used, but are not required to establish a violation of this subsection. (Ord. 979 Sec. 1, 2014)
9.07.070 Violations and penalties.
A. Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1, including Chapter 1.04, General Penalties; Chapter 20.40, Enforcement and Penalties; Chapter 3.34, Civil Penalties; or Chapter 18.48, Enforcement, Legal Procedures and Penalties.
B. The fine schedule for a violation of this chapter enforced pursuant to Chapter 1.04, General Penalties, shall be in the amount of:
1. Two hundred dollars for the first violation;
2. Four hundred dollars for a second violation occurring within three years of the first violation; or
3. Six hundred dollars for a third violation occurring within three years of the first violation.
C. The fines set forth in subsection (B) of this section may be modified by a resolution of the City Council establishing an administrative citation schedule not to exceed $1,000 per violation and which may include increased fines for repeat violations and penalties.
D. The City Manager or his designee may reduce the fines set forth in subsection (B) or (C) of this section in the event he or she finds that the violation is not likely to reoccur, the violator cooperated with enforcement officials in attempting to enforce the provisions of this chapter and resolve the issues giving rise to the violation, the actions of the violator giving rise to the violation were not malicious and were not taken in deliberate disregard of the provisions of this chapter, and the ends of justice would not be served by imposing the full fine. (Ord. 979 Sec. 1, 2014)
9.07.080 Duty to cooperate.
No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in Section 9.07.080 when they are engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter. (Ord. 979 Sec. 1, 2014)