City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine
DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING CHAPTER 9.36 OF THE PASADENA MUNICIPAL CODE, OTHERWISE
KNOWN AS THE “NOISE RESTRICTIONS ORDINANCE” AND PROVIDE
DIRECTION REGARDING CITY COUNCIL COMMITTEE CONSIDERATION OF
FURTHER AMENDMENTS
Michele Beal Bagneris, City Attorney/City Prosecutor
Danielle St. Clair, Assistant City Attorney
April 17, 2023
City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Background
• 2008: Noise Ordinance was last revised
> Outside noise cannot be more than five decibels above ambient noise level at adjacent property line
• Hotel Worker Strikes and Noise Issues
> Ordinance should protect First Amendment rights as well as right to quiet enjoyment of residents
• May 20, 2024 City Council Meeting
> City Attorney’s Office was asked to return with proposed revisions to the noise ordinance
2 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Decibel Chart
3 Source: UC Davis Environmental Health Sciences Center
City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Proposed Revision – Sections 9.36.050
• Current Section 9.36.050 – General Noise Sources
> Prohibits noise that exceeds the ambient noise level by more than five decibels
> Requires a measurement of the ambient noise level at the same location or at a place reasonably nearby and with the same land use
4 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Proposed Revision – Sections 9.36.050 (cont.)
• Proposed Revision: Establish Exterior Noise Standards > Set overall decibel limit without need to compare to ambient noise level
> Decibel limit to vary based on land use/location
> Decibel limit can be lower overnight
• Measurement is still taken from affected property
• Can preserve noise element for the Rose Bowl and
section of Noise Ordinance related to Old Pasadena
5 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Proposed Revision – Section 9.36.050 (cont.)
Sample Exterior Noise Limits – Laguna Beach, CA
6 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Proposed Revision – Section 9.36.050 (cont.)
• Benefits of Exterior Noise Standards
> Based on total decibel level so only one measurement is required to determine a violation
> Variation by land use allows for flexibility
> Decibel levels are objective and not based on type of noise or speech
> People can easily determine if they are in compliance or not 7 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Proposed Revision – Section 9.36.050 (cont.)
• Proposed process
> Coordination between Departments to develop standards and specific language of the ordinance
> City Attorney’s office advising on legal issues
> City Manager is coordinating with departments on specific details of exterior noise standards
> Return within 90 days for a first reading
8 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Proposed Deletions – §§ 9.36.130 and 9.36.140
• Current Section 9.36.130 – Hawkers and Peddlers
> Prohibits persons from “shouting out loud” to sell anything in an area zoned for residential uses
• Current Section 9.36.140 – Drums
> Prohibits the “use of drum or other instrument or device of any kind for the purpose of attracting attention”
9 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Additional Revisions
• Proposed changes are designed to address
immediate concerns raised at May 20, 2024
council meetings
• Should the City Council desire discussion of
additional changes, we suggest this matter be
referred to a standing Council committee
10 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Recommendations
1. Find that the action proposed herein is not a “project” subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 21065 and within the meaning of Section 15378(b);
2. Direct the City Attorney to work with City Manager staff to prepare and return within 90 days with an ordinance amending Chapter 9.36 of the Pasadena Municipal Code, the Noise Restrictions Ordinance; and
3. Refer to the appropriate City Council standing committee for discussion and consideration regarding the scope of any further amendments to be made to Chapter 9.36 of the Pasadena Municipal Code, the Noise Restrictions Ordinance 11