Fund's other professional services account totaling $198,000 - see attachment C.
FISCAL IMPACT:
Not applicable for this item. Discussion directions will be incorporated in the Proposed FY 2024-25 Operating and Capital Improvement Program Budgets for Council adoption at their June 5, 2024 meeting.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
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 ATTACHMENT(S):
Attachment A
Attachment B
Attachment C
MEASURE R FUND 127/132
Operating, Maintenance and Capital Projects Division Various Object Code Line-Item Description
FY 2022-2023
Actual
FY 2023-2024
Amended
Budget
FY 2023-2024
Projected
Year-End
FY 2024-2025
Budget
Projection
30300 Conferences and Meetings $ - $ 1,400 $ 1,000 $ 1,400 34125 Accounting & Auditing Svc 6,150 10,000 10,000 10,000 Subtotal Operating Costs 6,150 11,400 11,000 11,400
32400 Trail Maintenance & Repairs 517,287 600,000 580,000 650,000 Subtotal Trail Maintenance 517,287 600,000 580,000 650,000 Various Capital Improvement Projects 5,193,727 16,582,527 10,400,000 17,926,000 Subtotal Capital Projects 5,193,727 16,582,527 10,400,000 17,926,000 TOTAL EXPENDITURES $ 5,717,164 $ 17,193,927 $ 10,991,000 $ 18,587,400 50151 Sales Tax - Measure R $ 8,129,336 $ 8,463,000 $ 8,300,000 $ 8,463,000 54200 Interest Income 229,888 175,000 425,000 250,000
TOTAL REVENUES $ 8,359,224 $ 8,638,000 $ 8,725,000 $ 8,713,000 Revenues Over (Under) Expenditures (2,266,000) $ $ (9,874,400) Estimated Beginning Fund Balance 12,607,576 10,341,576
Estimated Ending Fund Balance 10,341,576 $ $ 467,176
MEASURE R
18 Attachment A
Division
No. Division/Description Amount
Division
Total
704 City Clerk
Code Publishing - Municipal Code $ 4,600
Icompass Agenda Management System 15,100
Historic Room - Consulting Services 8,800
$ 28,500
705 City Attorney
City Attorney 200,000
200,000
706 Finance
HDL maintenance (Business License) 12,500
Stericycle Inc.- Shredding 1,000
New World Tyler Training -Onsite Financials 1,000
State Controller's Office - Annual Street Report 3,800
Avenu Insights & Analytics (statistics for ACFR) 2,000
20,300
707 Communications
FlashVote 10,000
10,000
720.10 George Ingalls Day
Flowers for Memorial 300
300
720.15 Christmas Festival & Parade of Lights
Candlelight Carolers; Performers 1,000
Jump N. Party; Inflateables 2,700
Michael Koval; Rockwall 2,000
ChooChoo Rental; Trackless Train 2,500
Great Pony Parties: Petting Zoo 3,800
Riverside County Health Department Permit 500
Dekra Light; Uplighting 5,000
Francis L. Dean Event Insurance 1,500
Balloon Lab; Décor 4,000
23,000
720.25 Day of the Cowboy
Alex Houser, Western Entertainment; Stock Contractor 18,500 Riverside County Health Department Permit 400
Public Saftey Services Inc., Security Company 3,000
AMR, Emergency Medical Response 1,000
Event Services Temporary Fencing 3,500
Haas & Wilkerson Insurance 4,100
Event Services; Portable Restrooms 3,500
34,000
720.34 National Night Out
Francis L. Dean Insurance 500
Health Permit 500
1,000
FY 24-25 General Fund Contractual Services
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
720.35 Concerts/Movies in the Park
Electric Vinyl- Band Peforming 7/12/24 1,800
Faultline- Band Performing 8/2/24 1,800
Trinity Sound Company- Concert Sound Summer 2024 3,000
SWANK Movie Licensing 2,000
Band; entertainment TBD 2025- 6/13/24 3,000
Band; entertainment TBD 2025- 6/27/24 3,000
Trinity Sound Company- Concert Sound Summer 2025 3,000
Riverside County Health Department Permit 800
Francis L. Dean Insurance 1,600
20,000
720.36 Wheel Chair Basketball
Deep Dive- Referees 3,000
Spectrum- Clean Floors 2,100
Public Saftey Security Inc. 500
Riverside County Health Department Permit 400
Balloon Lab; Balloon Décor 900
Insurnace 600
7,500
720.40 Fourth of July
The Storytellers; entertainment 1,900
Balloon Lab; Balloon Décor 1,000
Insurance 600
Riverside County Health Department Permit 400
Mike Koval Rockwall 1,100
5,000
720.41 Memorial Day
Wreaths, ADA Accessible Bathroom and Programs 1,200
1,200
720.42 Vietnam Veterans Day
Flowers for the Memorial 200
200
720.43 Veterans Day
Flowers, ADA Accessible Bathroom, Programs 1,200
1,200
720.45 Breakfast with Santa
Dale McCants- Santa 850
Public Saftey Security Inc. 450
Francis L. Dean & Associates Inc. Insurance 700
2,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
720.60 Easter Egg Hunt
Balloon Lab; Ballon Arch 500
Great Pony Parties Petting Zoo 800
Mini Express; Trackless Train 600
Artyloon Balloon Twisting and Face Painting 600
Riverside County Health Permit 300
Francis L. Dean & Associates Inc. Insurance 200
3,000
720.67 Dia de los Muertos
Balloon Lab 700
Riverside Health Department Permit 400
Francis L. Dean & Associates Inc. Insurance 400
1,500
720.68 Trunk-or-Treat
Balloon Lab; Balloon Décor 900
Francis L. Dean & Associates Inc. Insurance 200
Riverside County Health Department Permit 300
1,400
720.69 Gold Star Mother's & Family's Day
Flowers, ADA Accessible Bathroom, Programs 1,200
1,200
720.71 Kathy Azevedo Spirit of Norco
Flowers, Programs, Chairs, Artificial Turf 3,000
3,000
720.73 Flag Day 1,000
Wreaths, ADA Accessible Bathroom 1,000
724 Non-Departmental
NEOGOV aka Governmentjobs.com - Annual Insight Subscription 31,700 HDL PROPERTY TAX 8,600
HDL SALES TAX 32,000
Citywide: Stericycle/shred 1,100
HR: Counseling Team 12,000
HR: DOT Random Drug Testing Annual Fee 200
Foster & Foster (formerly Bartel) - GASB - Medical Pension 8,200 Add: City Council annual planning retreat 10,000
HR: P&A Group Admin Fee 1,800
Development Impact Fee & Quimby Reports 30,000
Placer Labs Agreement 30,000
HR: Liebert Cassidy Consortium Including Liebert Library Subscription 4,700 170,300
730 Recreation
Active Net 11,400
Volunteer Volgistics Program 1,800
SCMAF Insurance 7,800
21,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
731 Youth, Sports and Family
(Deep Dive Ref, LLC) Youth BB Summer Officials 4,500
(Deep Dive Ref, LLC) Youth BB Winter Officials 5,500
(BSN Sports) Backboard repairs 3,000
(BSN Sports) 12 Step Safety Inspection 2,000
15,000
733 Park Maintenance
Landscaping Services (Priority) 505,400
Weed Abatement in Parkland Wes.Cory 20,000
Light Service for Sports Fields 5,000
Park Light Service 5,000
Playground replacement repair 10,000
WM _ LL and Softball Snack Bars 15,000
AVL System Routine Service 10,000
Annual Tree Trimming (Parks)/plantings 50,000
620,400
735 Senior Center
Kiln Repairs 4,000
4,000
737 Ingalls Event Center
GIEEC Security 198,000
Electrical Contractors 3,000
Event Rental Services 3,000
Rental Facility Insurance 2,000
Extra Cleaning Services City Events 3,000
209,000
738 Facilities and Maitenance
Generator Service (Code required) 50,000
Air. Cond. City Buildings (FD,Gym, NWH, City Hall) 30,000 Roof Maint./City Buildings 20,000
Ice Machine Service/ICE NWH/FD 3,000
Alarm Service & Repair(Fire/Burglary) for City Buildings 91,000 Fire Extinguisher Service (Code Required) 1,000
Fire Stations #47 & #57 Air Compressors Exh. Sys Mtc. 10,000 Pest Control City Building (City Hall/CS/CC) 5,000
Backflow Cert. City Buildings (Code Required) (1K) 5,000 Janitorial Citywide Total 210,000
425,000
740 Inspection
Willdan & Z&K inspection services 150,000
150,000
745 Economic Development
Retail Strategies 50,000
50,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
750 Planning
CEQA Complliance 25,000
Contract Staff Planners for special projects 20,000
Legal Planning Services 25,000
70,000
751 Code Enforcement
Legal Code Enforcement 50,000
Abatement services 50,000
100,000
752 Building and Safety
Willdan - inspection and plan checks when needed 40,000 40,000
761A Fire
Station 47- Sparklettes 600
Window Cleaning (47) / Specturm Janitorial 600
3rd Party Plan Check / Provo Engineering 800
EMD Contract 48,000
50,000
765 Animal Control
Pressure Washer maintenance 400
Veternarian Services 4,200
Sharp's Container 400
Dead removal 13,000
Pig Depredation 25,000
43,000
772 Sheriff
Forensic Nurses, Bio-Tox and Dept of Justice fees 21,600 Fingerprints, DNA and Mugshot services 25,100
Forensic Rape exams 18,000
RMS California Law Enforcement Telecommunications System 41,500 Towing services 3,300
Crime Scene Clean-Up and Locksmith Services 8,800
Shred and bottled water services 6,500
Booking Services 15,200
Flock cameras 90,000
230,000
773 Crossing Guard
Crossing Guard 89,200
89,200
800 Engineering
RKA services 80,000
Palomino plan reviews 20,000
Hamner Bridge Sound Study 30,000
130,000
Attachment B
Division
No. Division/Description Amount
Division
Total
FY 24-25 General Fund Contractual Services
850 Parkway Maintenance
Cal Fire Crews Weed Clearing 5,000
Fifth/Dapplegray Landscaping 5,000
Tree Trimming Program (WCA) 210,000
220,000
. .
Grand Total $ 3,002,200 $ 3,002,200
Attachment B
Division
No. Division/Description Amount
Division
Total
724 Non-Departmental
Employment Legal Practices $ 35,000
Additional Legal Services - Misc and Norco Valley Square 45,000 Willdan Financial Services Reports, Disclosures, 15,000 Other Professional Services 50,000
Successor Agency Outside Services - Justify ROPS Admin Charges 50,000 $ 195,000
800 Engineering
Survey, Engineering, Legal Services 3,000
3,000
. .
Grand Total $ 198,000 $ 198,000
FY 24-25 General Fund Professional Services
Attachment C
City Council
STAFF REPORT
Date: May 15, 2024 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Steve Raney, Building Official
Department: Planning
SUBJECT:
Ordinance No. 1113: First Reading, Approving Code Amendment 2024-01 (City of Norco): A City Initiated Amendment To Title 15, Section 15.30.020 "Hours Of Construction Activity" And Title 9, Section 9.07.20 "Noise Regulations, Exemptions", To Clarify The Allowable Hours Of Construction For Building Projects In The City Of Norco.
RECOMMENDATION:
Adopt Ordinance No. 1113, First Reading, Approving Code Amendment 2024-01 (City of Norco): A City Initiated Amendment To Title 15, Section 15.30.020 "Hours Of Construction Activity" And Title 9, Section 9.07.20 "Noise Regulations, Exemptions", To Clarify The Allowable Hours Of Construction For Building Projects In The City Of Norco.
SUMMARY:
The purpose of this code amendment is to clarify the allowable hours of construction for building projects in the City of Norco.
BACKGROUND:
Code Amendment 2024-01 proposes a revision to the current code language to make the construction hours requirements uniform for all construction projects so that they are easily understood by the public. The existing verbiage in the Norco Municipal Code (NMC) has caused confusion for property owners and contractors on allowable hours and days for construction projects taking place within City limits.
Hours of construction are addressed in Title 15 – “Building and Construction”, Chapter
15.30- “Hours of Construction”, Section 15.30.020 – “Hours of Construction Activity”.
Current Code Language is as follows:
15.30.020 Hours of Construction Activity
Construction activity, including equipment start-up and use, and the loading, unloading and handling of materials, shall not commence before 6:30 a.m., or
continue beyond 7 p.m., on weekdays. No construction activity for residential development projects that consist of more than one unit is permitted on Saturdays, Sundays, or national holidays unless otherwise permitted with conditions on entitlements. The restrictions from Saturdays, Sundays, and national holidays shall not apply to single-building permits for expansion and upgrade to existing buildings; however, no such construction shall begin before 8 a.m.
As currently written (although not clear) construction for one single-family home (regardless of whether its a homeowner or contractor), as well as single-building permits for expansions and upgrades to existing buildings are allowed on Saturdays, Sundays and national holidays. Since there is no clear definition of what is allowed under an "expansion or upgrade", our code can be interpreted as being very permissive for construction on Saturdays, Sundays and national holidays. This lack of clarity has created issues for our Code Enforcement team that is fielding complaints.
As noted, the intent of Code Amendment 2024-01 is to clarify the provisions in the Code for ease of use. Further, staff is recommending that the allowed hours and days of construction also be updated. To assist staff in drafting the amendments to the hours and day allowances, Municipal Code sections of neighboring jurisdictions pertaining to Construction Hours were surveyed. See the table below for a summary of the findings, as well as the proposed changes to Norco's code (as a reference, Specific Code language from each City has been included in attached Exhibit "A").
CITY WEEKDAY
(Mon-Fri) SATURDAYS SUNDAYS
NATIONAL/
FEDERAL
HOLIDAYS
Moreno Valley 7am to 7pm 8am to 4pm None None
Corona 7am to 8pm 7am to 8pm 10am to 6pm 10am to 6pm
Jurupa Valley
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
Eastvale
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
Riverside 7am to 7pm 8am to 5pm none none
Chino Hills 7am to 7pm 8am to 6pm none none
Chino 7am to 8pm 7am to 8pm none none
Ontario 7am to 6pm 9am to 6pm 9am to 6pm none
Riverside
County
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
6am to 6pm (1)
7am to 6pm
(1,2)
Norco
(Existing)
6:30 am to
7pm 8am to 7pm (3) 8am to 7pm (3) 8am to 7pm (3)
Norco
(Proposed) 7am to 7pm 8am to 5pm None None
1 Within ¼ mile of residential; outside of that, no time restriction. 2 October to May
3 For one new residential home and single building permit
(note Eastvale and Jurupa Valley hours appear to have just a carried over from the County)
Staff is recommending that no construction of any kind be allowed before 7:00 am, or on Sundays and Federal Holidays. Saturday construction can still be allowed, but staff is recommending that no type of permit be specified (all inclusive) for both commercial and residential to avoid confusion and "on the fly" interpretation among staff and the community, and that it be limited between the hours of 8:00 am and 5:00 pm.
Limitations on types of permits can be added at the discretion of the Planning Commission.
During the Planning Commission's regular meeting on Wednesday, May 8, 2024, the Commission unanimously agreed that prohibiting construction work on Sundays would benefit the residents of Norco by reducing noise and disruption. However, there was concern about restricting residents from performing necessary maintenance and small projects on their properties, especially since Sundays may be the only available day for some homeowners. Staff clarified that the proposed restrictions would apply only to work requiring a building permit, such as new build construction, significant home additions or full re-roofing. Smaller, non-permit tasks like emergency roof patches or installing tile floors would not be affected. Furthermore, noise from power tools and landscaping equipment continues to be regulated under the noise regulation section of the Municipal Code. The Planning Commission supported these clarifications and unanimously approved Code Amendment 2024-01 as presented.
Staff is proposing that section 15.30.020 be amended in its entirety to read as follows:
15.30.020 Hours of Construction Activity
A. Construction hours within the City of Norco are as follows:
1. Weekdays (Monday to Friday): Construction may occur between 7:00 AM and 7:00 PM.
2. Saturday: Construction may occur between 8:00 AM and 5:00 PM.
3. Sunday and Federal Holidays: No construction activities are permitted.
B. Exceptions to these hours may be considered by the City Manager or Director of Community Development, or the Conditions of approval in a project, provided such changes do not negatively affect nearby neighborhoods.
C. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from the construction hour restrictions.
D. Deliveries and any other vehicle noise associated with construction sites are included in the construction hours limitations.
E. For the purpose of these regulations, construction refers to any alteration to improved or unimproved real estate, including but not limited to buildings, streets, utilities, grading, excavation, mining, dredging, drilling, or pile driving.
Other references in the NMC on Construction Hours: Construction hours are also referenced as an exemption to the noise regulation in Title 9 – “Peace, Safety and Morals” of the Norco Municipal Code, Chapter 9.07- “Noise Regulations”, Section
9.07.020 – “Exemptions”, Item "I" as follows:
I. Private construction projects involving no more than one unit located within onequarter 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;
For consistency with the proposed amendment for Section 15.30.020 when cross refenced in other parts of the Code, staff is proposing that Section 9.07.020, Exception I, be amended in its entirety to read as follows:
I. Permitted construction projects provided, that:
1. Construction occurs between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and 8:00 a.m. and 5:00 p.m., on Saturday. No work is allowed on Sunday or Federal holidays, unless specified by permit;
2. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from construction hours restrictions.
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 ATTACHMENT(S):
Ordinance No. 1113 for Code Amendment 2024-01
EXHIBIT A-NEIGHBORING JURISDICTIONS MUNI CODES
ORDINANCE NO. 1113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2024-01: A CITY
INITIATED AMENDMENT TO TITLE 15, SECTION 15.30.020 "HOURS OF CONSTRUCTION ACTIVITY" AND TITLE 9, SECTION 9.07.20 "NOISE REGULATIONS, EXEMPTIONS", TO CLARIFY THE ALLOWABLE HOURS OF CONSTRUCTION FOR BUILDING PROJECTS IN THE CITY OF NORCO.
WHEREAS, the CITY OF NORCO initiated Code Amendment 2024-01, a proposal to amend Title 15 – “Building and Construction”, Section 15.30.020 – “Hours of Construction Activity”, and Title 9 – Peace, Safety and Morals”, Section 9.07.020 – “Exemptions”, relating allowable construction hours; and
WHEREAS, the Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on May 8, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to said Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-12, recommending approval of Code Amendment 2024-01 to the City Council; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on May 15, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).
NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS AND DETERMINATIONS:
Ordinance No.1113 for Code Amendment 2024-01
June 5, 2024
I. FINDINGS.
A. The currently adopted construction hours in the Buildings and Construction Code ordinance has provided confusion for Property Owners and Contractors for the allowable working hours and days for construction projects taking place within City limits.
B. The proposed code amendment will provide clear and understandable parameters for allowable hours and days for construction for Contractors, Homeowners, and other constituents working on construction projects within the City limits of Norco.
C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendment ensures clarity and predictability in construction hours, while mitigating disruptions to residents and businesses. By promoting consistent working hours, the amendment fosters a reasonable balance between construction progress and community well-being.
D. Said code amendment is exempt from environmental review pursuant to State CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed changes would have a significant impact on the environment.
II. DETERMINATION:
NOW THEREFORE, the City Council for the City of Norco, California, does hereby approve as follows:
SECTION 1:
Title 15 – “Building and Construction” of the Norco Municipal Code, Chapter 15.30 - “Hours of Construction”, Section 15.30.020 – “Hours of Construction Activity” is hereby amended in its entirety to read as follows:
15.30.020 Hours of Construction Activity
A. Construction hours within the City of Norco are as follows:
1. Weekdays (Monday to Friday): Construction may occur between 7:00 AM and 7:00 PM.
2. Saturday: Construction may occur between 8:00 AM and 5:00 PM.
Ordinance No.1113 for Code Amendment 2024-01
June 5, 2024
3. Sunday and Federal Holidays: No construction activities are permitted.
B. Exceptions to these hours may be considered by the City Manager or Director of Community Development, provided such changes do not negatively affect nearby neighborhoods.
C. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from the construction hour restrictions.
D. Deliveries and any other vehicle noise associated with construction sites are included in the construction hours limitations.
E. For the purpose of these regulations, construction refers to any alteration to improved or unimproved real estate, including but not limited to buildings, streets, utilities, grading, excavation, mining, dredging, drilling, or pile driving.
Title 9 – “Peace, Safety and Morals” of the Norco Municipal Code, Chapter 9.07- “Noise Regulations”, Section 9.07.020 – “Exemptions”, Item I is hereby amended in its entirety to read as follows:
I. Permitted construction projects provided, that:
1. Construction occurs between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and 8:00 a.m. and 5:00 p.m., on Saturday. No work is allowed on Sunday or Federal holidays, unless specified by permit;
2. Emergency work necessary to restore utilities (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from construction hours restrictions.
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
Ordinance No.1113 for Code Amendment 2024-01
June 5, 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 June 5, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No.1113 for Code Amendment 2024-01
June 5, 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 May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 2024, it was duly passed and adopted by the following roll call 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 June 5, 2024
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
1 EXHIBIT A
2 Moreno Valley- Chapter 8 Buildings & Construc�on
8.14.040- (E)-Hours of Construc�on. Any construc�on within the city shall only be completed between the hours of seven a.m. to seven p.m. Monday through Friday, excluding holidays and from eight a.m. to four p.m. on Saturday, unless writen approval is obtained from the city building official or city engineer. (Ord. 484 § 3.2, 1995; Ord. 759 § 5.5, 2007; Ord. 912 § 8, 2016)
11.80.030 (D)- Noise Ordinance-Construc�on and Demoli�on. No person shall operate or cause the opera�on of any tools or equipment used in construc�on, drilling, repair, altera�on or demoli�on work between the hours of eight p.m. and seven a.m. the following day such that the sound there from creates a noise disturbance, except for emergency work by public service u�li�es or for other work approved by the city manager or designee. This sec�on shall not apply to the use of power tools as provided in subsec�on (D)(9) of this sec�on.
D9- Power Tools. No person shall operate or permit the opera�on of any mechanically, electrically or gasoline motor-driven tool during nigh�me hours so as to cause a noise disturbance across a residen�al real property boundary.
Corona-Chapter 15.02.120
“The Building Official may, in wri�ng, suspend or revoke a permit issued under the provisions of this code if construc�on noise is generated between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday and 6:00 p.m. to 10:00 a.m. on Sundays and Federal Holidays. Construc�on noise is defined as noise which is disturbing, excessive, or offensive and cons�tutes a nuisance involving discomfort or annoyance to persons of normal sensi�vity residing in the area, which is generated by the use of any tools, machinery or equipment used in connec�on with construc�on opera�ons.
Zoning-17.84.040 (D2)- Construc�on noise. Construc�on noise is prohibited between the hours of 8:00 p.m. to 7:00 a.m., Monday through Saturday and 6:00 p.m. to 10:00 a.m. on Sundays and federal holidays. Construc�on noise is defined as noise which is disturbing, excessive or offensive and cons�tutes a nuisance involving discomfort or annoyance to persons of normal sensi�vity residing in the area, which is generated by the use of any tools, machinery or equipment used in connec�on with construc�on opera�ons.
Jurupa Valley8.01.20 € Construc�on noise.
(1) Whenever a construc�on site is within one-quarter (¼) of a mile of an occupied residence or residences, no construc�on ac�vi�es shall be undertaken between the hours of six (6:00) p.m. and six (6:00) a.m. during the months of June through September and between the hours of six (6:00) p.m. and six (6:00) a.m. during the months of October through May. Excep�ons to these standards shall be allowed only with the writen consent of the Chief Building Official. (2)The genera�on of construc�on noise other than as permited in subsec�on (F)(1) of this sec�on, shall be a viola�on of this �tle, and the Chief Building Official or his or her designee shall have the authority to undertake enforcement ac�ons in accordance with the procedures, remedies and penal�es for viola�ons as provided for in Chapters 1.10 through 1.25.
3 Jurupa Valley-Con�nued
Sec. 11.05.020. - Exemp�ons.-Private construc�on projects located one-quarter (¼) of a mile or more from an inhabited dwelling;
(9)Private construc�on projects located within one-quarter (¼) of a mile from an inhabited dwelling, provided that:(a)Construc�on does not occur between the hours of six (6:00) p.m. and six (6:00) a.m. during the months of June through September; and(b)Construc�on does not occur between the hours of six (6:00) p.m. and seven (7:00) a.m. during the months of October through May; (10)Property maintenance, including, but not limited to, the opera�on of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of seven (7:00) a.m. and eight (8:00) p.m.; Eastvale
Sec. 120.05.130. - Noise, odor and vibra�on performance provisions. (a)Applicability. The standards of this sec�on apply to all new and exis�ng land uses within the city, unless otherwise exempted.(b)Noise standards. All uses shall comply with the noise standards set forth in the city's general plan and within the city's noise ordinance (see chapter 8.52).
Sec. 8.52.020. - Exemp�ons.
(8)Private construc�on projects located one-quarter of a mile or more from an inhabited dwelling; (9)Private construc�on projects located within one-quarter of a mile from an inhabited dwelling, provided that construc�on does not occur between the hours of:a.6:00 p.m. and 6:00 a.m. during the months of June through September; andb.6:00 p.m. and 7:00 a.m. during the months of October through May;
Riverside County
Same exact wording as Eastvale and Jurupa ValleyCity of Riverside
7.35.020 - Exemp�ons.
The following ac�vi�es shall be exempt from the provisions of this �tle; Construc�on. Noise sources associated with construc�on, repair, remodeling, or grading of any real property; provided a permit has been obtained from the City as required; and provided said ac�vi�es do not take place between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, between the hours of 5:00 p.m. and 8:00 a.m. on Saturdays, or at any �me on Sunday or a federal holiday.
4 City of Chino Hills
8.08.020 - Regula�on of construc�on and property maintenance noise.
A. Except when necessary for the immediate preserva�on of life, health, or property, no person shall construct, repair, remodel, demolish, or grade any real property or structures thereon at any �me other than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 8:00 a.m. and 6:00 p.m. on Saturdays, excluding federal holidays. Notwithstanding the foregoing, an individual residen�al property owner or tenant in addi�on to the above permissible hours of construc�on may also construct, repair, or remodel his or her real property or any structure on such property during the hours of 7:00 p.m. and 10:00 p.m. on weekdays and between 6:00 p.m. and 10:00 p.m. on Saturdays, and between the hours of 8:00 a.m. and 10:00 p.m. on Sundays and federal holidays provided that the noise or sounds associated with such ac�vi�es cannot be heard by a reasonable person beyond the boundary lines of the property.
B. No property owner, tenant, or contractor thereof shall operate or allow the opera�on of mobile, outdoor mechanical or electrical equipment (e.g., lawn mowers, leaf blowers, hedge trimmers, etc.) that generates noise or sounds that can be heard by a reasonable person beyond the boundary lines of the property at any �me other than between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, and between 8:00 a.m. and 7:00 p.m. on Saturdays, Sundays, and federal holidays. This provision shall not apply to the opera�on of a fixed noise source (e.g., air condi�oning units, pool equipment, etc.) that conforms to the noise standards pursuant to Sec�on 16.48.020.
City of Chino
15.44.030 - Construc�on hours.
A. Construc�on shall occur only between the hours of 7:00 a.m. and 8:00 p.m. Monday through Saturday, with no construc�on allowed on Sundays and federal holidays. For the purposes of this sec�on, construc�on shall mean any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, u�li�es, filling, grading, excava�on, mining, dredging, drilling opera�ons, or pile driving.
B. The director of development services may approve excep�ons to the hours of construc�on noted in Subsec�on A of this sec�on, provided that the change in hours does not adversely impact the adjacent neighborhood.
City of Claremont
4. Exemp�ons to Noise Ordinance: Noise sources associated with or vibra�on created by construc�on, repair, remodeling or grading of any real property, or during authorized seismic surveys, provided:
a. Ac�vi�es take place between the hours of 7:00 a.m. and 8:00 p.m. weekdays and Saturdays, excluding na�onal holidays; and
b. Noise levels, as measured on residen�al proper�es, do not exceed 65 dBA for a cumula�ve period of more than 15 minutes in any one hour, 70 dBA for a cumula�ve period of more than 10 minutes in any one hour, 79 dBA for a cumula�ve period of more than 5 minutes in any one hour or 80 dBA at any �me; and c. Any vibra�on created does not endanger the public health, welfare, and safety.
5 City of Norco- Current Code
15.30.020 Hours of Construc�on Ac�vity
Construc�on ac�vity, including equipment start-up and use, and the loading, unloading and handling of materials, shall not commence before 6:30 a.m., or con�nue beyond 7 p.m., on weekdays. No construc�on ac�vity for residen�al development projects that consist of more than one unit is permited on Saturdays, Sundays, or na�onal holidays unless otherwise permited with condi�ons on en�tlements.
The restric�ons from Saturdays, Sundays, and na�onal holidays shall not apply to single-building permits for expansion and upgrade to exis�ng buildings; however, no such construc�on shall begin before 8 a.m.
PROPOSED AMENDMENTConstruc�on hours within the City of Norco are as follows:
Weekdays (Monday to Friday): Construc�on may occur between 7:00 AM and 7:00 PM.
Saturday: Construc�on may occur between 8:00 AM and 5:00 PM.
Sunday and Federal Holidays: No construc�on ac�vi�es are permited.
Excep�ons to these hours may be considered by the City Manager or Director of Community Development, provided such changes do not nega�vely affect nearby neighborhoods.
Emergency work necessary to restore u�li�es (Electric, Water, Gas) to a building due to unforeseen circumstances is exempt from the construc�on hour restric�ons.
Deliveries and any other vehicle noise associated with construc�on sites are included in the construc�on hours limita�ons.
For the purpose of these regula�ons, construc�on refers to any altera�on to improved or unimproved real estate, including but not limited to buildings, streets, u�li�es, grading, excava�on, mining, dredging, drilling, or pile driving.
City Council
STAFF REPORT
Date: May 15, 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:
First Reading: Ordinance No. 1116 Amending Norco Municipal Code Title 9, Chapter
9.07 - Noise Regulations
RECOMMENDATION:
Adopt First Reading: Ordinance No. 1116 to Amend Norco Municipal Code Title 9, Chapter 9.07 - Noise Regulations
SUMMARY:
The Municipal Code Title 9, 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 City Council requested that this matter be brought forward for a discussion with the goal of providing additional tools to aid in enforcement of ongoing noise issues.
BACKGROUND:
The Municipal Code Title 9, 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 City Council requested that this matter be brought forward for a discussion. At the City Council meeting on March 20, 2024, the City Council requested that changes to the Municipal Code be brought back for further consideration. The following Attachment A contains the Ordinance with tracked changes and Attachment B contains the Ordinance without the tracked changes.
The following Ordinance will amend Title 9, Chapter 9.07 to include the addition of the Alternative Noise Prohibition using the Reasonable Person Standard, the addition of the new criteria for a single offense of the Ordinance, and an updated Administrative
Citation provision that matches the Government Code and revising language for clarity.
The following is a summary of these changes:
The addition of the Reasonable Person standard provides for an another means of enforcement that is more useful in practical application. It is recommended that the use of a decibel meter remain in the ordinance, in case there is a situation where it is more useful.
The addition of the new criteria for a single offense of the Ordinance is to establish a definitive standard for what constitutes a new and separate violation. This new criterion clearly establishes that every five minutes of a continuous noise that violates the Ordinance is a new and separate violation. If a noise violator refuses to abide by enforcement's requests to cease the noise source, this means that citations can be written every five minutes, leading to a considerable fine that might deter the most flagrant violators.
The previous Administrative Citation fine schedule did not match the current Government Code. Fine increments have been updated to match current State law.
This includes updating the fine amount and limiting the fine schedule to one year from the first noise violation. Previously, the fine schedule violations included violations occurring within three years of the violation. With the updated fine schedule, each year the fine schedule will reset and violations from years prior will not determine the current year's violations.
Other changes include updating the language in the Ordinance:
The definition of "noise" has been removed as the Alternative Noise Prohibition includes a standard for what is considered loud and disruptive noise.
The language in the Section 9.07.050 Sound Level Methodology has been updated to reflect that if this method is used, sound level measurements may be made anywhere.
Previously, sound level measurements could be made anywhere within the boundaries of an occupied property which has brought up safety and Fourth Amendment concerns.
Noise that is audible from a distance of 50 feet from the property line of the noise source will be the new standard. Previously, the standard was 100 feet from the property line.
It is recommended that the new ordinance be adopted. It will provide new and additional tools that will assist with remedying the City's most chronic noise offenders.
FISCAL IMPACT:
Not applicable for this item.
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:
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 ATTACHMENT(S):
Attachment A _ Ord 1116
Attachment B _ Ord 1116
ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 9 “PEACE, SAFETY AND MORALS”, TO APPROVE AMENDMENT 2024-05: A CITYINITIATED PROPOSAL, AMENDING CHAPTER 9.07 – “NOISE REGULATIONS”.
WHEREAS, on January 17, 2024, the City Council requested a discussion and possible amendment to Norco Municipal Code (NMC) Title 9 “Peace, Safety and Morals”, Chapter 9.07 “Noise Regulations”; and
WHEREAS, on March 20, 2024, the City Council directed Staff to return to a future City Council meeting with an amended Ordinance to address the definitions and rules related to, in part, to increase the safety and well-being of citizens from loud and unnecessary noise and to be compliant with Government Code; and
WHEREAS, the Code Amendment was scheduled for City Council review on May 15, 2024, on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, the Noise Regulations Code Amendment was duly submitted to the City Council for decision at a public hearing for which proper notice was given; and NOW, THEREFORE, the City Council of the City of Norco does hereby ordain as follows:
SECTION 1: Norco Municipal Code Title 9, Chapter 9.07 “Noise Regulations” is hereby amended to read as follows:
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 Alternative Noise Prohibition
9.07.080 Violations and penalties.
9.07.090 Duty to cooperate.
9.07.010 Purpose, intent and findings.
At certain levels, noise may jeopardize the health, safety or general welfare of Norco City residents and degrade their quality of life. The City Council 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.
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.
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 current and valid ministerial permit issued by the City of Norco.
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.
G. “Occupied property” means property upon which is located a residence, business or industrial or manufacturing use.
H. “Off-highway vehicle” means a motor vehicle designed to travel over any terrain.
I. “Public property” means property controlled by a governmental agency.
J. “Public or private school” means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.
K. “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, Norco General
Plan, or the Norco Municipal Code, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.
L. “Sound amplifying equipment” means a loudspeaker, microphone, megaphone or other similar device.
M. “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.
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, 8 am—10
pm
10 pm—7, 8
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
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
Land Use Land Use Designation Name Density
Maximum Decibel Level
7, 8 am—10
pm
10 pm—7, 8
am
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
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.
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 USDAqualified 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. Sound level measurements may be used, but are not required to establish a violation of this subsection. (Ord. 979 Sec. 1, 2014)
2. Motor Vehicle 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 fifty 50 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 50 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 50 feet from the property line of the property on which the audio equipment is located. 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 greater than 100 50 feet from the property line of the noise source.
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 Alternative Noise Prohibition.
Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make, continue, maintain, permit, or cause to be made, continued, maintained, or permitted, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any residential neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
(a) It shall be a prima facie violation of this section if any noise is audible from a distance of 50 feet from the property line of the noise source or from a distance of one hundred feet from any nonstationary noise source.
(b) The determination that a noise violates this section may be made by a peace officer or may be proven by the testimony of any other person.
9.07.080 Violations and penalties.
A. Any violation of the provisions of this chapter is unlawful and 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. Every five minutes of continuous noise that violates this chapter constitutes a new and separate violation. Every new noise that violates this chapter constitutes a new and separate violation.
C. The fine schedule for a violation of this chapter enforced pursuant to Government Code Article 1, General Chapter 1.04, General Penalties, shall be in the amount of:
(1) A fine not exceeding one hundred dollars ($100) Two hundred dollars for a first violation.
(2) A fine not exceeding two hundred dollars ($200) Four hundred dollars for a second violation of the same ordinance within one year within three years of the first violation. (3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. Six hundred dollars for a third violation occurring within three years of the first violation.
D. The fines set forth in subsection (C) 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.
9.07.090 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.
SECTION 2 - EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after final passage thereof.
SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4 – POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.
PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on June 5, 2024.
________________________
Kevin Bash, Mayor City of
Norco, California
ATTEST:
___________________
Dana Roa, CMC, City Clerk
City of Norco, California
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 May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 2024, it was duly passed and adopted by the following roll call 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, June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
ORDINANCE NO. 1116
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 9 “PEACE, SAFETY AND MORALS”, TO APPROVE AMENDMENT 2024-05: A CITYINITIATED PROPOSAL, AMENDING CHAPTER 9.07 – “NOISE REGULATIONS”.
WHEREAS, on January 17, 2024, the City Council requested a discussion and possible amendment to Norco Municipal Code (NMC) Title 9 “Peace, Safety and Morals”, Chapter 9.07 “Noise Regulations”; and
WHEREAS, on March 20, 2024, the City Council directed Staff to return to a future City Council meeting with an amended Ordinance to address the definitions and rules related to, in part, to increase the safety and well-being of citizens from loud and unnecessary noise and to be compliant with Government Code; and
WHEREAS, the Code Amendment was scheduled for City Council review on May 15, 2024, on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, the Noise Regulations Code Amendment was duly submitted to the City Council for decision at a public hearing for which proper notice was given; and NOW, THEREFORE, the City Council of the City of Norco does hereby ordain as follows:
SECTION 1: Norco Municipal Code Title 9, Chapter 9.07 “Noise Regulations” is hereby amended to read as follows:
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 Alternative Noise Prohibition
9.07.080 Violations and penalties.
9.07.090 Duty to cooperate.
9.07.010 Purpose, intent and findings.
At certain levels, noise may jeopardize the health, safety or general welfare of Norco City residents and degrade their quality of life. The City Council 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.
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 provided, that 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.
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 current and valid ministerial permit issued by the City of Norco.
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. “Occupied property” means property upon which is located a residence, business or industrial or manufacturing use.
H. “Off-highway vehicle” means a motor vehicle designed to travel over any terrain.
I. “Public property” means property controlled by a governmental agency.
J. “Public or private school” means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.
K. “Sensitive receptor” means a land use that is identified as sensitive to noise in the noise element of the Norco General Plan, or the Norco Municipal Code, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.
L. “Sound amplifying equipment” means a loudspeaker, microphone, megaphone or other similar device.
M. “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.
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
8 am—10 pm 10 pm— 8 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
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
Land Use Land Use Designation Name Density
Maximum Decibel Level
8 am—10 pm 10 pm— 8 am
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
9.07.050 Sound level measurement methodology.
If the sound standard being applied is measured in decibels, then sound level measurements may be made anywhere. The actual location of a sound level measurement shall be at the discretion of the enforcement officials. 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.
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 USDAqualified 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. Sound level measurements may be used, but are not required to establish a violation of this subsection.
2. Motor Vehicle 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 time such that the sound system is audible to the human ear at a distance greater than 50 feet from the vehicle.
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 50 feet from the power tools or equipment.
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 50 feet from the property line of the property on which the audio equipment is located.
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 greater than 50 feet from the property line of the noise source.
9.07.070 Alternative Noise Prohibition.
Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make, continue, maintain, permit, or cause to be made, continued, maintained, or permitted, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any
residential neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
(a) It shall be a prima facie violation of this section if any noise is audible from a distance of 50 feet from the property line of the noise source or from a distance of one hundred feet from any nonstationary noise source.
(b) The determination that a noise violates this section may be made by a peace officer or may be proven by the testimony of any other person.
9.07.080 Violations and penalties.
A. Any violation of the provisions of this chapter is unlawful and may be enforced pursuant to the enforcement provisions set forth in Title 1.
B. Every five minutes of continuous noise that violates this chapter constitutes a new and separate violation. Every new noise that violates this chapter constitutes a new and separate violation.
C. The fine schedule for a violation of this chapter enforced pursuant to Government Code Article 1, General, shall be in the amount of:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
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.
9.07.090 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.
SECTION 2 - EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after final passage thereof.
SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4 – POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.
PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on June 5, 2024.
________________________
Kevin Bash, Mayor City of
Norco, California
ATTEST:
___________________
Dana Roa, CMC, City Clerk
City of Norco, California
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 May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 2024, it was duly passed and adopted by the following roll call 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, June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: May 15, 2024 Agenda Item:
6.C.
To: Honorable Mayor and City Council Members
From: Michelle Anglin, Community Services Director
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:
Ordinance No. 1115, First Reading: Amending Norco Municipal Code Chapter 8.04 “Running at Large”. Code Amendment 2024-03
RECOMMENDATION:
Adopt Ordinance No. 1115, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Chapter
8.04 “Running at Large” to modify fowl/poultry requirements, approve Code Amendment 2024-03, and schedule Second Reading on June 5, 2024.
SUMMARY:
The City Council desires to protect and preserve the rural lifestyle in Norco which includes the ownership of poultry/fowl. At the March 20, 2024 City Council meeting, City Council requested staff bring back changes to the Norco Municipal Code Chapter 8.04 for discussion and possible amendment. The proposed amendment of the Norco Municipal Code (NMC) would permit poultry/fowl to run at large, and removes the ability to impound such poultry/fowl.
BACKGROUND:
City Council recently discussed the current poultry/fowl Municipal Code requirements in the City of Norco. The goal of the discussion was to analyze the code and make sure it clearly reflects the spirit, intent and expectations of the City Council to protect and preserve the rural lifestyle in Horsetown USA.
Understanding City Council's desire to allow poultry/fowl to run at large, it is recognized that some fowl/poultry are free-range and can fly over fences to neighboring residents or enter into the public right-of-way even while reasonable measures are taken by their owner. This has been historically normal and customary occurrences of poultry/fowl, and as such, part of the aesthetics in this agricultural community.
An updated ordinance has been prepared to exclude fowl/poultry and includes substantive revisions to the Norco Municipal Code Chapter 8.04 “Running at Large” as follows:
Revision of the subtitle 8.04.010 to read "Reserved". The removal of the current code language in this section will allow for fowl/poultry to run at large, with the exception as reflected in 8.04.030(b).
Revision of the subtitle for 8.04.020 to read "Prohibition on Animals Running at Large".
Revision of the subtitle for 8.04.030 to read "Impoundment of Animals Running at Large in Violation of Law".
Inclusion of alpaca, llama, emu, camel, and ostrich in section 8.04.020.
Additionally, to assist Officers with enforcement of habitual occurrences of overage of animal units, and/or illegal activity with roosters, the addition of 8.04.030(b) has been included to aid in compliance issues:
"Roosters. No person who, in the past 24 months, has been convicted of, pled no contest to, or been found liable in any administrative proceeding for, violating any local, state, or federal law or regulation regarding or pertaining to roosters shall permit his, her, or its roosters to wander, run at large, forage or graze 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 than that of the owner or person having charge of such rooster."
Furthermore, with regard to concerns about poultry/fowl running at large that may contribute to the spreading of avian diseases amongst the community, if there were to be a breakout, residents will need to adhere to biosecurity directives from California Department of Food and Agriculture (CDFA), including but not limited to keeping one's fowl/poultry contained or quarantined on one's property.
Through City Council's discussion, staff is seeking feedback, input and direction from City Council for either further amendments to this Municipal Code or approval of the Ordinance Amendment as presented.
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 ATTACHMENT(S):
Ordinance No 1115_Changes
ORDINANCE NO. 1115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO, CALIFORNIA, AMENDING CHAPTER 8.04 “RUNNING AT LARGE” TO THE NORCO MUNICIPAL CODE. CODE AMENDMENT 2024-03
WHEREAS, on March 06, 2024, the City Council requested a discussion and possible amendment to the Norco Municipal Code Chapter 8.04; and WHEREAS, on March 20, 2024, the City Council directed Staff to return to a future City Council meeting with an amended Ordinance to exclude poultry/fowl; and WHEREAS, the Code Amendment was scheduled for City Council review on May 1, 2024, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California, 92860.
WHEREAS, the Public Hearing for the Code Amendment was continued for City Council review on May 15, 2024, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California, 92860.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby ordain as follows:
SECTION 1: Norco Municipal Code Chapter 8.04 “Running at Large” is hereby amended to read as follows:
Chapter 8.04
RUNNING AT LARGE
Sections:
8.04.010 Poultry--Prohibited. Reserved
8.04.020 Animals--Prohibited. Prohibition on Animals Running at Large.
8.04.030 Impoundment. Impoundment of Animals Running at Large in Violation of Law.
8.04.040 Unclaimed animals.
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
Ordinance No. 1115
June 5, 2024
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)
8.04.010 Reserved
8.04.020 Animals--Prohibited. Prohibition on Animals Running at Large. a) No person, having charge, control or custody of any domestic bovine animal, horse, mule, burro, sheep, goat, alpaca, llama, emu, camel, ostrich or swine shall permit such animal to wander, run at large, pasture, or graze 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 than that of the owner or person having charge of such animal. Such conduct is declared to be a nuisance and it is unlawful for the owner, or the person having charge, control or custody of any such animal to suffer or permit the same to run at large within the city. (Ord. 399, Sec. 2, 1977)
b) Roosters. No person who, in the past 24 months, has been convicted of, pled no contest to, or been found liable in any administrative proceeding for, violating any local, state, or federal law or regulation regarding or pertaining to roosters shall permit his, her, or its roosters to wander, run at large, forage or graze 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 than that of the owner or person having charge of such rooster. Such conduct is declared to be a nuisance and it is unlawful for the owner, or the person having charge, control or custody of any such animal to suffer or permit the same to run at large within the city.
8.04.030 Impoundment of Animals Running at Large in Violation of Law. (a) It shall be the duty of the Officer of Animal Services animal control officer, upon finding any such animal or poultry wandering, running at large, pasturing, or grazing in violation of this chapter or state, federal law, or other applicable law,, to place such animal in confinement. Within twenty-four hours after such seizure, the Officer of Animal Services 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)
Ordinance No. 1115
June 5, 2024
(b) Impounded animals will not be returned unless, following their return, the total number of animals on the property to which the animals will be kept fully complies with this code, and state, federal, and other applicable laws.
8.04.040 Unclaimed animals.
(a) In the case of unclaimed bovine animals where the owner has been notified but has not claimed the animal, the Officer of Animal Services animal control officer shall notify the Director of the Food and Agriculture Department within three days after impoundment and dispose of the animal pursuant to subsection (d) of this section.
(b) In the case of unclaimed bovine animals where ownership cannot be determined, the Officer of Animal Services animal control officer shall, within three days after impoundment, relinquish possession of such animals to the Director of the Food and Agriculture Department of the State of California. (c) In the case of all other large animals, including horses, burros, sheep, goat, alpaca, llama, emu, camel, ostrich or swine and mules, the Officer of Animal Services animal control officer shall notify the Director of the Food and Agriculture Department pursuant to the provisions of the State Agriculture Code and dispose of the animal in accordance with the provisions of subsection (d) of this section. (d) Where a large animal has been impounded in accordance with the provisions of this chapter, the Officer of Animal Services animal control officer shall have a lien for compensation in transporting, boarding, feeding, or pasturing the animal; and, except as provided in subsection (b) of this section, shall dispose of such unclaimed large animals and recover the costs incurred during impoundment as follows: On or after the thirteenth day of impoundment, a notice of public auction shall be published once in a newspaper published in the city. The notice shall contain an accurate description of the animal to be sold, together with the term of sale, which must be for cash, payable on the consummation of the sale. The notice shall also specify the date of auction which date shall provide at least ten days but not more than twenty days notice of said auction. The proceeds of the sale shall be applied to the discharge of the costs incurred, including the cost of sale, and the remainder, if any, shall be paid into the city treasury. (e) In all other cases involving animals not specified in subsections (b) and (c) of this section, the Officer of Animal Services animal control officer shall place the animal with the Norco Animal Shelter, which shall dispose of the animal in accordance with that shelter’s policies.(Ord. 783, 2001;Ord. 399, Sec. 4, 1977) SECTION 2 - EFFECTIVE DATE: This Ordinance shall become effective thirty
Ordinance No. 1115
June 5, 2024
(30) days after final passage thereof.
SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4 – POSTING: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.
PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on June 5, 2024.
________________________
Kevin Bash, Mayor City
of Norco, California
ATTEST:
___________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1115
June 5, 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 May 15, 2024, and thereafter at a regular meeting of said City Council duly held on June 5, 2024, it was duly passed and adopted by the following roll call 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, June 5, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California