4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 1/11 Redondo Beach Municipal Code
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Title 4 PUBLIC WELFARE, MORALS, AND CONDUCT
Chapter 10 NUISANCES
4-10.01 Intent and purposes of chapter.
The intent and purposes of the Council in adopting the provisions of this chapter are to protect the inhabitants of the City against all forms of nuisances, public or private, not specifically prohibited by State law, growing out of any action, activity, condition, circumstance, or situation permitted to exist within the City and caused or produced by any person, beast, fowl, reptile, or insect, or by any mechanical or other contrivance, and which are injurious to health or detrimental to the public safety, morals, or general welfare, or which are indecent or offensive to the senses or an obstruction to the free use of property to such an extent as to interfere with the comfortable enjoyment of life or property by the entire community or neighborhood or by any considerable number of persons. (§ 1, Ord. 1258) 4-10.02 Declared and prohibited nuisances.
The following are hereby expressly declared to be nuisances, and any person maintaining or permitting such nuisances, or any of them, to be maintained or to exist on his premises, whether as owner, lessee, or otherwise, shall be guilty of a misdemeanor, and each and every day such nuisances shall be permitted to be continued shall constitute a separate offense:
(a) Affecting peace and comfort or interfering with lawful businesses. (1) Unnecessary noises. The unnecessary making of, or knowingly and unnecessarily permitting to be made, any loud, boisterous, or unusual noise, disturbance, or commotion in any hotel, motel, apartment house, court, rooming house, auto court, trailer camp, dwelling, place of business, or other structure, or upon any public street, park, public place, or building, except the ordinary and usual sounds, noises, or commotion incident to the operation of such places when conducted in accordance with the usual and normal standards of practice applicable thereto and in a manner which will not disturb the peace and comfort of adjacent residents or which will not detrimentally affect the operators or customers of adjacent places of business;
(2) Vulgar and obscene language through loudspeakers. The uttering through any loudspeaker, sound-making, or sound-amplifying device, or otherwise, of any obscene, vulgar, profane, or indecent language, or uttering language intending to, or which would reasonably be expected to, incite riot, destruction, or damage to property or injury to any person, or intended to, or which would reasonably be expected to, incite others to do any unlawful act, or which utterances would reasonably be expected to create a condition which would result in a clear and present danger of the commission of such unlawful acts; and
(3) Noises generally. The tolerating, making, causing, or permitting to be made any unnecessary noises or sounds by persons, animals, or fowl, or by automobiles, motorcycles, engines, machines, or other mechanical devices, or by musical instruments, loud-speakers, or amplifiers, which noises are annoying to persons of ordinary sensitiveness or which are so loud, harsh, prolonged, unnatural, or unusual in their time and place as to occasion unnecessary discomfort to the inhabitants of the neighborhood from which such noises emanate or so as to interfere with the peace and comfort of the operators or customers in adjacent places of business or which may detrimentally or adversely affect such places of business.
(b) Affecting public peace and morals.
(1) Fighting. Fighting, brawling, quarreling, or haranguing in a loud or boisterous manner; (2) Persons obstructing entrances to buildings. Unnecessarily obstructing the ingress or egress to or from any residence, hotel, apartment house, auto court, trailer court, motel, or business or industrial establishment other than in a moving, single-line formation of not to exceed six (6) persons to each exit or entrance, whether such exit or entrance consists of one opening or a group of adjacent openings, and, for the purposes of this chapter, adjacent openings shall be considered as a single entrance or exit;
4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 2/11 (3) Congregating of persons. The congregating of persons on the public streets, parkways, alleys, or sidewalks in such numbers as to impede or obstruct vehicular or pedestrian traffic; (4) Obstructing public ways. The placing of any obstructing or instrument, object, or substance in, on, over, or across any public street, alley, parkway, or sidewalk, which object obstructs, or may reasonably be expected to obstruct, the free passage of vehicular or pedestrian traffic or which interferes with or obstructs, or may reasonably be expected to interfere with or obstruct, the entrance or exit to any residential or business structure by persons lawfully entitled to enter or depart therefrom;
(5) Placing merchandise on sidewalks. The placing, allowing, or permitting of any goods, wares, or merchandise to be placed, stored, or displayed in any yard or any sidewalk in front of or adjacent to any place of business in the commercial districts established by Chapter 2 of Title 10 of this Code or upon any place upon property used for sales or display, except in the building or storeroom owned or operated by the owners or operators of such businesses; (6) Parades and processions. The carrying on of parades or processions composed of persons, vehicles, or animals without a permit being granted therefor by the Chief of Police. An application for such permit shall be filed with the Chief of Police, and a hearing shall be held after at least forty-eight (48) hours’ notice to the applicant of such hearing, unless notice shall be waived. If the application is denied, the applicant, within fifteen (15) days after the date of such order or denial, may appeal from the decision of the Chief of Police to the Council. The Council shall hold a hearing thereon upon notice to the applicant in the same manner as the hearing before the Chief of Police; (7) Commercial exploitation of explicit sexual conduct. The commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, the sale of lewd publications, and the use of so-called massage parlors and model studios for purposes of lewdness, assignation, or prostitution. The special procedures for the regulation of the nuisances described in this subsection (7) are set forth in Sections 4-10.10 through 4-10.18 of this chapter, and the procedures described in Sections 4-10.02 through 4-10.09 of this chapter shall not apply to the nuisances described in this subsection (7).
(c) Affecting public safety.
(1) Traffic sight restrictions. Tolerating, allowing, or permitting trees, hedges, vegetable growth, billboards, walls, fences, or other structures to be so located with respect to driveways or street intersections as to prevent a clear view of approaching vehicles in sufficient time to bring a vehicle driven at a reasonable speed to a full stop before such intersection or driveway approach is reached;
(2) Flammable materials near dwellings. Tolerating, allowing, or permitting hedges, trees, shrubs, or other vegetable matter or other material of inflammable character within twenty (20′) feet of a dwelling used for human habitation;
(3) Damaged structures. Tolerating, allowing or permitting buildings, walls and other structures which have been damaged by fire, decay or otherwise to such an extent that they cannot be repaired to conform to the requirements of the Building Code of the City;
(4) Building Code violations. Tolerating, allowing or permitting buildings and alterations to buildings located within the fire districts established by the City in violation of the Building Code of the City; (5) Abandoned buildings. Buildings which are abandoned, boarded up, partially destroyed, or left in a state of partial construction or uncompleted after building permits have been expired; (6) Debris in public places. Tolerating, allowing or permitting waste matter, rubbish, garbage, debris, excavations, pipe lines, hose and other materials and facilities on, in, over or across any public street, alley, sidewalk or other public grounds except under such conditions and in such manner as is specifically permitted by law; (7) Signs over streets and sidewalks. Tolerating, allowing or permitting hanging signs, awnings and other similar structures over streets or sidewalks;
(8) Fences, limbs and vegetation over streets and sidewalks. Tolerating, allowing or permitting barbed wire fences or limbs of trees, shrubs, hedges or vegetable growth so situated or located as to endanger persons traversing streets or sidewalks in the immediate area thereof;
(9) Unguarded machinery. Tolerating, allowing or permitting dangerous or unguarded machinery in any business place or so situated or operated on private property as to attract members of the public; 4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 3/11 (10) Other dangerous conditions. Tolerating, allowing or permitting any other situation, condition or thing which creates, or may reasonably be expected to create, a clear and present danger of injury or damage to any person or property;
(11) Explosives. The storage or use of gun powder, dynamite, fireworks, explosive chemicals or other explosive materials without a permit being granted therefor by the Chief of the Fire Department. Such permit application shall be filed with the Chief of the Fire Department, and a hearing shall be held after at least forty-eight (48) hours’ notice to the applicant of such hearing unless notice shall be waived. If the application is denied, the applicant may, within fifteen (15) days from the date of such order of denial, appeal from the decision of the Chief of the Fire Department to the Council.
The Council shall hold a hearing thereon upon notice to the applicant in the same manner as the hearing before the Chief of the Fire Department;
(12) Keeping reptiles and insects. Keeping or maintaining snakes and other reptiles or bees or other insects within the City unless a permit therefor has been obtained from the Council, upon application regularly filed, which permit shall set forth the location and manner in which such reptiles or insects shall be kept; and (13) Barbed wire. The use of barbed wire for fences or enclosures except for anti-climb devices not exceeding six (6) strands of barbed wire supported on arms attached to the top of a wall or fence six (6′) feet or more in height. (d) Affecting public health.
(1) Unwholesome food. The keeping or maintaining of decayed or unwholesome food sold or offered for sale to the public;
(2) Manure and debris. The keeping or maintaining of accumulations of manure, rubbish, debris, or animal or vegetable matter of any kind or character from which foul smells or odors emanate or which provide, or are likely to provide, a breeding place for vermin, insects, or rodents of any kind; (3) Polluted wells and water. The pollution of any well, cistern, stream, creek, or other body of water by sewage, industrial wastes, or other substances which are, or may reasonably be expected to become, detrimental to the public health or the keeping or maintaining, or permitting to be kept or accumulated, on any private property of ponds or pools of stagnant or waste water, oil, or industrial wastes;
(4) Noxious weeds. Permitting or allowing noxious weeds and other rank growth or vegetation on private property;
(5) Production of smoke and fumes. The production of dense smoke, noxious fumes, gas, soot, cinders, or smog by any commercial manufacturing or industrial or other organization through furnaces or other facilities utilized by such industrial or manufacturing plant or other operation when such smoke, noxious fumes, gas, soot, cinders, or smog is in such quantities as are in excess of the amount necessary in the reasonable operation of such plants, or the production by any person through any means whatsoever of dense smoke, noxious fumes, gas, soot, cinders, smog, or other obnoxious substances which are, or may reasonably be expected to become, detrimental to the public health or which unnecessarily interfere with the health, comfort, or safety of any person; (6) Dumping. Throwing, depositing, or placing in or upon, or permitting to be regularly placed or maintained at or upon, any lands in Zones R-1, R-2, and R-3 of the City any machinery, trucks, automobiles, building materials, rubbish, wrecked vehicles or parts of wrecked vehicles, empty bottles, refuse, paper, explosives, or materials having a noxious odor or unsightly appearance so that the noxious odors or the unsightly appearance thereof will annoy or harass the occupants of adjoining lands or prevent the enjoyment of the quiet occupancy of other lands thereof or materially depreciate the value of other lands in the vicinity thereof; and (7) Production of dust. The creation by any operation of farming of dust in such quantities as are excessive of the amount necessary in the reasonable operation of farming, or the farming industry, or the production by any such operation, or by any means of dust in such quantity as may reasonably be expected to be or to become detrimental to the public health or which unnecessarily interferes with the health, comfort, or safety of any person or any neighborhood. (§ 2, Ord. 1258 c.s., as amended by § 1, Ord. 1361 c.s., § 1, Ord. 1856 c.s., eff. October 28, 1964, § 1, Ord. 2043 c.s., eff.
March 3, 1971, § 2, Ord. 2183 c.s., eff. August 11, 1976, § 1, Ord. 2250 c.s., eff. August 30, 1978, § 2, Ord. 2365 c.s., eff.
July 27, 1983, § 1, Ord. 2606 c.s., eff. December 20, 1990, and § 3, Ord. 2755 c.s., eff. January 4, 1996) 4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 4/11 4-10.03 Application of chapter.
The provisions of this chapter shall apply to all the activities, circumstances, operations, situations, and conditions referred to and shall include all the structures, objects, things, materials, and substances described and enumerated. Such structures, objects, things, materials, and substances are hereby declared to be nuisances when tolerated, used, kept or maintained, or permitted to be tolerated, used, kept, or maintained, in the manner or under the conditions prohibited by the provisions of this chapter or in any manner which creates, or may be reasonably expected to create, or produces a clear and present danger of injury or damage to persons or property or annoyance or discomfort to persons of ordinary and normal sensibilities. (§ 3, Ord. 1258 c.s.)
4-10.04 Permit application, issuance, and denial.
Whenever a permit is required to do any of the acts set forth in this chapter, the Council, Chief of Police, Health Officer, Chief of the Fire Department, department head, or other authorized official shall require a written application to be filed giving sufficient information concerning the subject matter thereof so as to permit such official to obtain a clear understanding of the applicant’s proposal, with such details as may be necessary for such officer to determine whether there is a clear and present danger of the thing, act, or operation covered by the application adversely or detrimentally affecting the public health, morals, safety, or general welfare, or unduly hindering the normal flow of pedestrian or vehicular traffic, or unduly or unnecessarily disturbing the peace, quiet, or comfort of the community, or unduly or unnecessarily interfering with the normal conduct, operation, or trade of businesses or industrial establishments. If in such officer’s opinion such clear and present danger does appear, the application shall be denied; otherwise it shall be granted; provided, however, no permit shall be denied solely by reason of the identity of the applicant or the purpose of the activity or enterprise proposed providing such purpose is lawful. (§ 4, Ord. 1258 c.s.) 4-10.05 Abatement of nuisances: Order to Abate.
If the nuisance complained of is not of such nature to require summary abatement for the protection of the public health, safety, morals or general welfare, the person charged with the responsibility of abating or eliminating such nuisance shall be given such reasonable time as may be required within which to abate the same after notice has been given of the existence of such nuisance. Such notice shall be in substantially the following form:
ORDER TO ABATE
TO: ______________________________________
ADDRESS: _______________________________
NOTICE IS HEREBY GIVEN that there exists on property which appears to be owned or controlled by you certain objectionable conditions in violation of Section No. _________________ of the Redondo Beach Municipal Code and/or of Section No.______________ of the _______________ Code of the State of California as follows:
__________________________________________
and the following procedure is suggested:
__________________________________________
__________________________________________
This condition must be abated prior to
__________________________________________
City of Redondo Beach
By _____________________________
Department Head
4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 5/11 Receipt of the above notice is hereby acknowledged this __________ day of _________, 20___, and I hereby agree to have the condition referred to corrected not later than __________, 20___. ________________________________
Owner-Manager
(§ 5, Ord. 1258 c.s.)
4-10.06 Abatement of nuisances: Order to Show Cause.
If after the expiration of the date on which the abatement should have been completed, or such additional time as may be granted by the officer in charge, the order for abatement has not been complied with, the officer in charge shall issue an Order to Show Cause why a complaint should not be issued for failure to comply with such order and for maintaining the nuisance complained of the Order to Show Cause shall be in substantially the following form:
4-10.06
ORDER TO SHOW CAUSE WHY NUISANCE SHOULD NOT BE ABATED
You are hereby notified to appear at the office of ______________________________ located in the City Hall of Redondo Beach on __________________ at __________________ A.M., P.M., to show cause why complaint should not be filed against you for failing to comply with an abatement order issued to you on ____________________________ and for maintaining the nuisance complained of.
Failure to appear at said time and place will constitute a violation of Section No. __________ of the Redondo Beach Municipal Code and/or of Section __________ of the _______________ Code of the State of California, subjecting you to the penalties imposed thereby.
City of Redondo Beach
By _____________________________
Department Head
Receipt of the above notice is hereby acknowledged this _____ day of __________, 20_____. _______________________________
Owner-Manager
(§ 5, Ord. 1258 c.s.)
4-10.07 Order to do the work: Costs and expenses: Lien.
If after the expiration of the time allowed following the hearing on the Order to Show Cause the nuisance has not been abated, and if it is of such character as to require remodeling or destruction of the objectionable structure or facility, the Council may order the necessary work to be done to correct the objectionable condition complained of. The cost of such work, including materials, labor and incidental expenses, and the City’s administrative costs of nuisance abatement, shall constitute a lien against the property on which such nuisance is located, and the City Attorney shall prepare and record in the office of the County Recorder or other proper public office an instrument claiming such lien on behalf of the City. Such lien shall be foreclosed and the amount thereof collected in the same manner and under the same procedure as is provided for the foreclosure of mortgages on real property under the provisions of the Code of Civil Procedure of the State. The City shall be entitled to its attorney’s fees and costs. (§ 6, Ord. 1258 c.s. as amended by § 1, Ord. 2928 c.s., eff.
March 17, 2004)
4-10.08 Violation of Order to Show Cause.
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https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 6/11 Any person who fails to report to the authorized official at the time and in the place stated in the Order to Show Cause shall be guilty of a misdemeanor. (§ 7, Ord. 1258 c.s.) 4-10.09 Summary abatement of nuisances.
Nothing contained in this chapter shall prohibit an authorized official from summarily abating a nuisance which, in his judgment, may immediately jeopardize the public health or safety. In the event of the necessity of such summary abatement, such officer shall use the utmost caution to guard against any unnecessary damage to the person or property involved and, if circumstances permit, shall endeavor to contact the owner of the premises involved by telephone or telegraph before proceeding with such abatement to advise him of the intention to summarily abate such nuisance. (§ 8, Ord. 1258 c.s.)
4-10.10 Commercial exploitation of explicit sexual conduct: Purpose: Policy: Authority: Exclusion.
The Council finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, and the sale of lewd publications, and the use of so-called massage parlors and model studios for purposes of lewdness, assignation, or prostitution constitutes a debasement and distortion of a sensitive key relationship of human existence, central to family life, community welfare and the development of human personality; is indecent and offensive to the senses and to public morals and interferes with the comfortable enjoyment of life and property, in that such interferes with the interest of the public in the quality of life and total community environment, the tone of commerce in the City, property values, and the public safety; and that the continued operation of such activities is detrimental to the best health, safety, convenience, good morals, and general welfare of the City and of the residents, citizens, inhabitants, and businesses thereof. Pursuant to Sections 38771, 38773, and 38773.5 of the Government Code of the State, Section 731 of the Code of Civil Procedure of the State, and Sections 3479, 3480, 3491, and 3494 of the Civil Code of the State, the Council hereby declares such activities to be a public nuisance and herein establishes procedures for the abatement thereof. This section shall apply to any and all establishments which, on August 30, 1978, are engaged in, or at any later date become engaged in, the type of activity herein declared to be a public nuisance. (§ 2, Ord. 2250 c.s., eff. August 30, 1978)
4-10.11 Commercial exploitation of explicit sexual conduct: Definitions.
For the purposes of Sections 4-10.10 through 4-10.18 of this chapter, certain words and phrases set forth in this section are defined as follows:
(a) “Knowledge” or “knowledge of such nuisance” shall mean having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd subject matter, or knowledge of the acts of lewdness, assignation, or prostitution which occur on the premises. (b) “Lewd matter” shall mean any matter:
(1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) Which depicts or describes patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated; or (ii) Masturbation; excretory functions; or lewd exhibition of the genitals or genital area.
Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political, or scientific value. (c) “Lewdness”, “assignation”, or “prostitution” shall mean and include all those meanings which are assigned to such conduct under the common law and existing case law. “Assignation” shall be construed to include the making of any appointment or engagement for lewdness or prostitution or any act in the furtherance of such appointment or engagement. 4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 7/11 “Lewdness” shall encompass a much broader scope of conduct than prostitution and assignation and shall include the same general class of activities which are normally associated with houses of prostitution (or whatever such establishments may presently be called) and, also, lewd conduct and sex acts of whatever nature which are performed for money, such as, but not limited to, commercial acts of sexual gratification involving the sex organs of one person and the sex organs, mouth, anus, or the hands of another as in the case of the modern day masturbatory massage parlor and model studio, which also masturbates its customers; posing as a model in a lewd manner for the purpose of being viewed or photographed by a customer or patron; engaging in obscene conversation with a customer or patron for the purpose of appealing to that person’s prurient interest; and other similar lewd conduct. (d) “Massage” shall mean any method of treating the superficial soft parts of the human body for remedial, hygienic, or other purposes consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand or by the use of any instrument.
(e) “Massage parlor” shall mean any building or structure, or portion thereof, located within the City, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered. (f) “Matter” shall mean a motion picture film or a publication, or both. (g) “Model studio” shall mean:
(1) Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted for persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premises; or
(2) Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted. (3) “Model studio” shall not include:
(i) Any studio which is operated by any State college or junior college, public school, the University of California, or any governmental agency wherein the person, firm, association, partnership, or corporation operating it has met the requirements established in Division 21 of the Education Code of the State for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or (ii) Any premises where there is conducted the business of furnishing, providing, or procuring figure models solely for any studio described in subsection (i) of this subsection; or (iii) Any studio operated by a tax exempt nonprofit corporation devoted to the development of art and its appreciation.
(h) “Motion picture film” shall include any:
(1) Film or plate negative;
(2) Film or plate positive;
(3) Film designed to be projected on a screen for exhibition; (4) Film, glass slide, or transparency, either in negative or positive form, designed for exhibition by projection on a screen; and
(5) Video tape or any other medium used to reproduce images on a screen or to be otherwise viewed. (i) “Nude” shall include:
(1) Completely without clothing; or
(2) With the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of a female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state. (j) “Person” shall mean any individual, partnership, firm, association, corporation, or other legal entity. 4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 8/11 (k) “Place” shall mean and include, but shall not be limited to, any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself. (1) “Publication” shall mean and include any book, magazine, article, pamphlet, writing, printing, illustration, picture, or sound recording or a motion picture film when such film is offered for sale or exhibited in a coin-operated machine.
(m) “Sale” shall mean a passing of title or right of possession from a seller to a buyer for valuable consideration and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter. (§ 2, Ord. 2250 c.s, eff. August 30, 1978)
4-10.12 Lewd films and theaters exhibiting lewd films declared public nuisances. (a) Any and every place in the City where lewd films are publicly exhibited as a regular course of business or possessed for the purposes of such exhibition of lewd films are publicly and repeatedly exhibited or possessed for the purpose of such exhibition shall be a public nuisance.
(b) Any and every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under this section shall be a public nuisance per se. (§ 2, Ord. 2250 c.s., eff. August 30, 1978) 4-10.13 Places of business in which lewd publications constitute a principal part of the stock-in-trade, lewd publications possessed therein, and valuable consideration received for sales thereof declared public nuisances.
(a) Any and every place of business in the City in which lewd publications constitute all of the stock-in-trade, or a principal part thereof, shall be a public nuisance. Where such lewd publications constitute only a part of the stock-intrade and are located in a place or places within such businesses which are capable of demarcation, such place or places shall constitute public nuisances which require abatement. (b) Any and every lewd publication possessed at a place which is a public nuisance under this section shall be a public nuisance per se. (§ 2, Ord. 2250 c.s., eff. August 30, 1978) 4-10.14 Massage parlors and model studios used for purposes of lewdness, assignation, or prostitution, or in which such acts occur, declared public nuisances.
Every massage parlor or model studio which, as a regular course of business, is used for the purposes of lewdness, assignation, or prostitution, and every such massage parlor or model studio in or upon which acts of lewdness, assignation, or prostitution are held or occur, shall be a public nuisance which shall be enjoined, abated, and prevented. (§ 2, Ord. 2250 c.s., eff. August 30, 1978)
4-10.15 Knowledge of nuisances presumed from notices of orders of abatement: Responsibility of parties:
Abatement.
(a) Upon and after receiving notice through the service of a certified copy of Ordinance No. 2250 c.s., and any amendment thereto, and of a certified copy of the resolution provided for in Section 4-10.16 of this chapter, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the City which is declared to be a public nuisance as set forth and stated in Sections 4-10.12, 4-10.13, or 4-10.14 of this chapter shall be deemed to be a person who has knowledge of such nuisance for the purposes of this chapter, and shall be thereafter responsible for its maintenance, and shall be liable therefor. (b) The places and subject matter declared to be public nuisances under Sections 4-10.12, 4-10.13, or 4-10.14 of this chapter shall be abated pursuant to the provisions of Sections 38773 and 38773.5 of the Government Code of the State, Section 731 of the Code of Civil Procedure of the State, and Sections 3491 and 3494 of the Civil Code of the State, as provided for in Sections 4-10.16 through 4-10.18 of this chapter. (§ 2, Ord. 2250 c.s., eff. August 30, 1978) 4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 9/11 4-10.16 Commercial exploitation of sexual conduct: Action to be taken by the Council.
Upon a specific finding that a public nuisance, as defined in Sections 4-10.12, 4-10.13, or 4-10.14 of this chapter, exists in the City, the Council, in applying the provisions of this chapter to such nuisance, shall provide for the following by resolution:
(a) Declare the fact that such nuisance exists;
(b) Set forth the description or legal description and street address of the place which constitutes the nuisance; (c) Set forth the following evidentiary facts considered by the Council in arriving at its factual determination:
(1) In the case of a motion picture film or films, such shall include a recitation of the particular sexual conduct and acts which the Council finds are patently offensive and the basis for the finding by the Council that (a) such films are publicly exhibited as a regular course of business or that (b) such film is publicly and repeatedly exhibited, or held for such exhibition, at the place declared to be a nuisance; (2) In the case of a publication or publications, such shall include a recitation of (a) the particular publications considered by the Council, and those which the Council finds to be patently offensive, and (b) the basis for the finding by the Council that such publications are sold or held for sale at the place of business found by the Council to be a public nuisance and (c) the basis of the finding by the Council that such publications constitute a principal part of the stock-intrade of such place of business; and (3) In the case of a massage parlor or model studio, such shall include a recitation of (a) the particular acts of lewdness, assignation, or prostitution which have occurred and (b) the basis for the finding by the Council that such acts occur in the regular course of business;
(d) Order the revocation of all licenses and permits which have been issued as a part of the operation of such business, subject to confirmation by the court in the judicial proceedings required herein. Criminal proceedings for transacting business without a license at such address shall not be filed until the order of license revocation by the Council has been confirmed by judicial order;
(e) Order the City Attorney to give written notice under Section 373a of the Penal Code of the State to all persons described in subsection (a) of Section 4-10.15 of this chapter to summarily abate such public nuisance immediately by terminating the exhibition, sale, or possession for sale of such lewd subject matter, or by terminating the use of such premises for the purposes of lewdness, assignation, or prostitution, or by causing the same to be terminated; (f) Order the City Attorney to proceed as directed in Section 4-10.18 of this chapter and do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as is permissible under the law, including requesting the court to advance such proceedings on the calendar of the court; (g) Inform and give notice to the persons named in subsection (a) of Section 4-10.15 of this chapter that:
(1) The Council has determined that a public nuisance presently exists at such place and address, and has revoked the licenses and permits at that place, subject to court confirmation, and that, under subsection (a) of Section 4-10.15 of this chapter, such persons are deemed to have knowledge thereof and are responsible therefor; (2) The Council has ordered the City Attorney, as provided for in Section 4-10.18 of this chapter, to commence legal proceedings naming such persons as defendants in a civil action to abate the same judicially under Section 3494 of the Civil Code of the State and Section 731 of the Code of Civil Procedure of the State and to seek compensatory and punitive damages and the costs of the abatement of such civil abatement action filed under Section 3494 of said Civil Code and Section 731 of said Code of Civil Procedure, including investigative costs, court costs, attorney’s fees, and other expenses, which are made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their determination in such court action, will, by separate ordinance, be made a lien against such property and a personal obligation against the theater operator and property owner; (3) All lewd motion picture films or lewd publications being used in conducting and maintaining such public nuisance are contraband and the subject of forfeiture;
(4) The lewd matter which is being used in conducting and maintaining such public nuisance will be needed at the hearing in the court having jurisdiction of the legal proceedings brought by the City Attorney, pursuant to Section 4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 10/11 1503 of the Evidence Code of the State; and
(5) From and after the service on the place, or its manager, or person then in charge of such place, of a certified copy of Ordinance No. 2250 c.s., and any amendment thereto, and a copy of such resolution, any and all moneys paid as admission prices to or for the exhibition or exhibitions of such lewd motion picture films, and valuable considerations received for the sale of such lewd publications, and all moneys or other valuable considerations received for services rendered in such massage parlors or model studios shall be a public nuisance as personal property used in conducting and maintaining such nuisance, and as gain derived from a wrongful act contrary to the provisions of Section 2224 of the Civil Code of the State, and that a forfeiture of the same will be requested in the judicial proceedings required by this chapter; and
(h) Order that a certified copy of said resolution and a certified copy of Ordinance No. 2250 c.s., and any amendment thereto, be delivered forthwith in any manner normally used to effectuate the personal service of process, as directed in Sections 415.10 through 416.90 of the Code of Civil Procedure of the State, to all persons of record having any legal or equitable interest in the real property and to the regular or acting manager or persons in charge of the place therein declared a public nuisance. (§ 2, Ord. 2250 c.s., eff. August 30, 1978) 4-10.17 Commercial exploitation of sexual conduct: Costs of abatement: Manner of collection.
The costs of abatement shall include the following:
(a) Investigative costs;
(b) Court costs;
(c) Reasonable attorney’s fees arising out of the preparation for and trial of the cause, and appeals therefrom, and offer costs allowed on appeal; and
(d) Printing costs of the trial and appellate briefs and all other papers filed in such proceedings.
Such costs of abatement are hereby made a special assessment against the parcel of land upon which such nuisance is maintained. Upon its determination in a civil action under Section 3494 of the Civil Code of the State and Section 731 of the Code of Civil Procedure of the State, such costs, by special ordinance, shall be made a lien against such property and a personal obligation against the theater operator and property owner, and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessments. (§ 2, Ord. 2250 c.s., eff. August 30, 1978)
4-10.18 Commercial exploitation of sexual conduct: Action to be taken by the City Attorney.
Upon a specific finding by resolution of the Council of the fact that a public nuisance exists at a particular location, the City Attorney shall:
(a) Forthwith, but not later than five (5) working days after the passage of said resolution, commence legal proceedings under Sections 3491 and 3494 of the Civil Code of the State and Section 731 of the Code of Civil Procedure of the State by the filing of a civil action seeking the following relief:
(1) An order that the matter named by the Council is lewd, as defined in this chapter; (2) An order that the matter found to be lewd is or are public nuisances per se; (3) An order that each place named by the Council is a public nuisance; (4) An order that the action taken by the Council to revoke the licenses issued to such place of business was lawful;
(5) An accounting of all moneys paid as admission prices to or for the exhibition or exhibitions of such lewd motion picture films, and valuable considerations received for the sale of such lewd publications, and all moneys or other valuable considerations received for services rendered in such massage parlors or model studios from and after the time the persons maintaining said nuisance receive notice of the finding by the Council by resolution that the public nuisance 4/7/22, 8:48 AM Chapter 10 NUISANCES
https://qcode.us/codes/redondobeach/view.php?topic=4-10&showAll=1&frames=on 11/11 exists, and a judgment that such moneys or valuable considerations are gain derived from a wrongful act contrary to the provisions of Section 2224 of the Civil Code of the State and a public nuisance; (6) An order that all admission price moneys or valuable considerations received and enumerated in the courtordered accounting be forfeited as required by law; (7) An injunction enjoining and restraining all persons responsible for maintaining said nuisance from possessing or publicly exhibiting said lewd motion picture films, or from selling or possessing for sale said lewd publications, or from committing acts of lewdness, assignation, or prostitution at any time in the future in the City and such other injunctive relief as the court may order;
(8) An order that all positive prints of the named lewd film and all lewd publications or copies or reproductions thereof be forfeited as contraband;
(9) A judgment for the City for compensatory and punitive damages and for all costs expended in abating the public nuisance, including investigative costs, court costs, reasonable attorney’s fees, and such other expenses as are provided for in this chapter; and
(10) All other relief as the court may deem proper; and (b) File a notice of the pendency of the action in the office of the County Recorder pursuant to Section 409 of the Code of Civil Procedure of the State, giving the names of the parties, the object of the action, and a description of the property thereby affected. (§ 2, Ord. 2250 c.s., eff. August 30, 1978) View the mobile version.
4/14/22, 10:06 AM Article 2. Weeds, Rubbish, and Stagnant Water https://qcode.us/codes/redondobeach/ 1/4
Redondo Beach Municipal Code
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Title 5 SANITATION AND HEALTH
Chapter 2 GARBAGE, WEEDS, RUBBISH, AND HAZARDOUS WASTE
Article 2. Weeds, Rubbish, and Stagnant Water
5-2.201 Premises to be kept clean.
It is unlawful for any person owning, leasing, acting as agent, or occupying any premises in the City to fail, refuse, or neglect to keep such premises in a clean, sanitary, and wholesome condition. (§ 1, Ord. 704) 5-2.202 Accumulations unlawful.
It is unlawful for any person to permit any accumulation of manure, garbage, offal, rubbish, stagnant water, or filthy or offensive matter of any kind to be or remain upon such premises. (§ 1, Ord. 704) 5-2.203 Maintenance of stagnant water.
It is unlawful for any person to maintain any premises upon which there is stagnant or still water or marshy conditions which harbor and breed mosquitoes or other poisonous or objectionable insects. The maintenance of such land upon which there is stagnant water is hereby declared to be a public nuisance. (§ 1, Ord. 704) 5-2.204 Abatement of weeds, rubbish, diseased trees, and other materials.
Whenever the City Engineer shall find weeds, rubbish, diseased trees, or any other material upon any property, lands, or lots in the City or upon the street, parking, or sidewalk in front of any such property, which material may endanger or injure neighboring property or the health or welfare of the residents of the vicinity, he shall give, or cause to be given, notice to remove such weeds, rubbish, diseased trees, or other material in the manner provided in this article. (§ 1, Ord. 975, as amended by § 1, Ord. 1820 c.s, eff. November 26, 2963) 5-2.205 Notice to Clean Premises.
Such notice shall be given by posting in a conspicuous place upon the property upon which such weeds, rubbish, or other material may be a notice headed “Notice to Clean Premises”, in letters not less than one inch in length, and which shall be in legible characters, directing the removal of the weeds, rubbish, or material with a reference to this article for further particulars. Within three (3) days after the posting of the notice, the City Engineer shall also cause a notice similar in substance to be mailed to such owners as the names and addresses thereof appear on the ownership records in the office of the City Clerk, or at another known address. Personal service of a notice similar in substance to the posted notice upon the owner, occupant, or agent in charge of such property, land, or lot shall dispense with the posting of the notice provided for by this section. (§ 2, Ord. 975)
5-2.206 Appeals from notice requirements.
Within ten (10) days from the date of the posting of such notice, or in case of personal notice, within ten (10) days from the date of personal service thereof, the owner or any person interested in the property, land, or lot which is affected by, or abuts upon the street, parking, or sidewalk which is affected by, such notice may appeal to the Council from the requirements thereof. Such appeal shall be in writing and shall be filed with the City Clerk. At its next regular meeting the Council shall proceed to hear and pass upon such appeal, and its decision thereupon shall be final and conclusive. (§ 3, Ord. 975)
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5-2.207 Order to do the work.
Unless within (10) days from the date of the posting of the notice or within ten (10) days from the date of the personal service thereof, or in case of appeal to the Council, within ten (10) days from the date of the determination thereof unless the same is sustained, the weeds, rubbish or other material is removed from the property, land, lot, street, parking or sidewalk as directed by notice or by the Council on appeal, the City Engineer shall thereupon cause the same to be removed. If upon appeal the requirements of the original notice are modified, the City Engineer in causing such weeds, rubbish or other material to be removed shall be governed by the determination so made. (§ 4, Ord. 975) 5-2.208 Records of costs: Lien.
(a) Records of costs. The City Engineer shall cause to be kept in his office a permanent record showing the description of each piece of property or lot on or for which a “Notice to Clean Premises” has been given, the amount of the charges incurred in the removal of such weeds, rubbish or other material and the penalties for delinquency in the payment thereof. Each such entry shall be made immediately upon the completion of the removal or cleaning of such weeds, rubbish or other material from each parcel of property or lot, or on the street, parking or sidewalk in front thereof, respectively, and a bill for such charges shall be mailed immediately to the last known address of the owner thereof. (b) Lien. On the first day of December of each calendar year, all charges recorded between the last day of November of the preceding year and the first day of December of the current year shall become a lien against the respective parcels or property or lots, which liens shall be enforced in the manner provided in this article. In the event the City Engineer shall find that it will be necessary to remove or clean weeds, rubbish or other material from any property, lands or lots in the City or upon the street, parking or sidewalk in front of any such property, lands or lots more than once during any calendar year, such weeds, rubbish or other material shall be removed or recleaned from such property by the City Engineer without the necessity of a second posting of a “Notice to Clean Premises” and without further charge of any kind against such parcel of property or lot. If any work is done in the month of December of any year for which a charge may be made, such charge may be carried over and recorded in the record book for the following calendar year. (§ 5, Ord. 975)
5-2.209 Payment of charges.
(a) Notice to appeal. Between the first and fifth days of January of each year the City Engineer shall cause to be published a notice for which a charge of Fifty (50¢) cents for each delinquency shall be collected in the same manner and at the same time as the charges hereunder, which amount must be paid into the City Treasury and credited to the general fund of the City. Such notice shall be to the effect that any person affected or aggrieved by any act or determination of the City Engineer or the Council made or done during the preceding year ending December 31st for which charges remain unpaid may, at any time prior to the twentieth day of January next succeeding, appeal therefrom to the Council. Such notice shall be published once in a newspaper of general circulation in the City and shall further contain a statement that payment on account of charges made for removal by the City of any weeds, rubbish or other material will be delinquent from and after 12:00 noon on the fifth day of February next succeeding the date of publication of the notice, and that the penalty to be thereupon imposed for nonpayment of such charges made by the City after hearing and adjustment by the Council of all appeals will be ten (10%) percent of such charges so made or adjusted, plus the cost of publishing the notice.
(b) Appeal: Hearing. The appeal shall be in writing and shall be filed with the City Clerk. At the next regular meeting of the Council after the twentieth day of January, it shall proceed to hear and pass upon such appeal and its determination thereupon shall be final and conclusive. The City Engineer shall carry out any directions of the Council made upon determination of such appeals, and he shall cause appropriate corrections and entries to be made in his record to conform therewith.
(c) Penalty for delinquency. Unless the charges constituting the lien provided in this article are paid in full before 6:00 p.m. on the fifth day of February next succeeding the date of publication of the notice, a penalty of ten (10%) percent of the amount of each such lien shall be added to the charges and become a part of such lien. (§ 6, Ord. 975) 4/14/22, 10:06 AM Article 2. Weeds, Rubbish, and Stagnant Water https://qcode.us/codes/redondobeach/ 3/4
5-2.210 Recordation of lien.
On or before the fifteenth day of August of each year the City Engineer shall deliver to the City Treasurer an abstract of all unpaid entries in the record book for the preceding year ending December thirty-first. Such abstract shall show the property affected and the amount charged against the same pursuant to the provisions of this article. The City Treasurer shall thereupon note the amount of each such lien on the assessment books for the City taxes against the respective lots charged, and thereafter the amount of each such lien shall be collected in the same manner and at the same time and be subject to the same additional penalties as general City taxes. Any and all charges made against any parcel of land which shall have been paid prior to the delivery to the City Treasurer of such abstract shall be shown by an appropriate entry in the record book by the City Engineer showing that such charge has been paid. (§ 7, Ord. 975) 5-2.211 Affidavits.
Proof of publication, posting or service of any notice, order or determination provided for in this article shall be made by affidavit of the printer of the newspaper in which published, his foreman or principal clerk, or the person posting or serving the notice, order or determination, annexed to a copy of the order, notice or determination published, posted or served, and specifying the time when, or at which the same was published, posted or served, as the case may be. It shall be the duty of the City Engineer to keep among the official records of his office the affidavits of publication, posting, mailing or service, and no error in the name or address and no failure to receive a copy of the notices mailed as provided shall affect in any manner the validity of the procedure or of any lien imposed pursuant to this article. (§ 8, Ord. 975) 5-2.212 Refunds.
Any assessment or any portion of an assessment levied pursuant to the provisions of this article which heretofore or hereafter has been or shall be paid more than once, which has been or shall be erroneously or illegally collected, or which has been or shall be paid upon an assessment in excess of the amount chargeable, or upon an assessment not chargeable to the person or the property of the person paying the same, by reason of a clerical error of the employees or officers of the City may be refunded by order of the Council in the same manner, to the same extent, and under the same conditions as provided by the laws of the City for refund of payments of general taxes. (§ 9 (a), Ord. 975) 5-2.213 Payment under protest.
At any time after the assessment book has been received by the City Treasurer, and the assessments levied pursuant to the terms of this article have become payable, the owner of any property assessed therein who may claim that the assessment is void in whole or part may pay the same to the City Treasurer under protest, which protest shall be in writing, and which shall specify whether the whole assessment is claimed to be void, or if a part only, what portion, and in either case the grounds upon which such claim is founded. When so paid under protest, the payment shall in no case be regarded as a voluntary payment, and such owner may at any time within six (6) months after such payment recover the same in accordance with the applicable provisions of State law. (§ 9 (b), Ord. 975) 5-2.214 Permit to burn.
(a) Required. It is unlawful to remove or clean weeds, rubbish or other material from any property, lands or lots in the City or upon the street, parking or sidewalk in front of any such property, lands or lots by setting fire to, igniting or burning such weeds, rubbish or other material; provided, however, that the Chief of the Fire Department, or his authorized assistant, may issue a written permit for the burning of weeds, rubbish or other material upon any portion of a lot or parcel of land if such weeds, rubbish or other material has been severed from the land and has been collected in one or more piles.
(b) Issuance: Revocation: Hours. The Chief of the Fire Department, or his authorized assistant, may issue such written permit upon such terms as conform to the provisions of this section. It shall be the duty of such officer to incorporate in such permit such terms and conditions as in his opinion adequately safeguard the public safety and property. Such permit shall be revocable at any time without previous notice. Such permit shall be issued in duplicate, and 4/14/22, 10:06 AM Article 2. Weeds, Rubbish, and Stagnant Water https://qcode.us/codes/redondobeach/ 4/4
the Chief of the Fire Department shall keep one copy on file in his office. Regardless of permit, no person shall set fire to, ignite or burn within Fire District No. 1 any weeds, rubbish or other material in the open air between the hours of 8:00 a.m. of any day and 6:00 a.m. of the following day. No permit shall be issued to any person to set fire to, ignite or burn such weeds, rubbish or other material upon the street, parking or sidewalk. (c) Firebreaks. In those cases where the property, lands or lots are so situated or where the circumstances are such that it is impracticable to clear the same by hand or machinery, subject to the approval of the City Engineer and the Chief of the Fire Department or their respective authorized representatives, the provisions of this article relating to the removal of weeds, rubbish or other material shall be deemed complied with if a firebreak is cleared of all vegetation, stubble, chaff, and inflammable material for a distance not less than twenty-five (25′) feet from any building or structure and for a distance of not less than ten (10′) feet from the outer circumference of any tree, shrub, hedge, or vegetation or from any street, highway, way, road, or sidewalk. Additional firebreaks may be required by the Fire Chief or his authorized representative when deemed necessary to safeguard property and prevent the spread of fire. (d) Enforcement. It shall be the duty of the Fire Chief to enforce the provisions of this section. (§ 9A, Ord. 975) 5-2.215 Informalities.
No assessment, charge, or act relating to such assessment or charge or the collection of the same shall be illegal on account of an informality, nor because the same was not completed within the time required by law. (§ 10, Ord. 975) View the mobile version.
4/14/22, 10:05 AM 10-2.1818 Prohibited signs.
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Redondo Beach Municipal Code
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Title 10 PLANNING AND ZONING
Chapter 2 ZONING AND LAND USE
Article 6. Sign Regulations
10-2.1818 Prohibited signs.
The following signs shall be prohibited in all zones:
(a) “A frame” signs;
(b) Any other portable signs, except for permitted menu boards in connection with outdoor dining; (c) Animated signs, except barber poles and time-temperature signs, and electric message display signs permitted pursuant to Section 10-2.1814;
(d) Any sign which, by color, shape, location or other means endangers public safety by resembling or conflicting with any traffic control sign or device or which due to its dangerous construction, manner of display, or location is determined by the Community Development Director or the City Engineer to be hazardous; (e) Any sign displaying obscene, indecent, or immoral matter; (f) Audible signs, except in connection with drive-up windows; (g) Billboards;
(h) Graffiti. No sign shall contain graphic representations designed to imitate, resemble, duplicate or give the appearance of any symbols, letter styles, plakas or other identifying features of any street gang, or tagging origin; (i) Home business signs;
(j) Roof signs;
(k) Signs erected without the permission of the owner, or his agent, of the property on which or over which such sign is located;
(l) Temporary signs, including, but not limited to, balloon signs, banners, flags, and pennants, except as provided in Section 10-2.1820;
(m) Vehicle signs. No person shall park any vehicle or trailer on public property, or on private property so as to be visible from a public right-of-way, which vehicle has attached thereto or located thereon any sign or advertising device for the purpose of providing advertisements of products located on the same or nearby property or directing people to a business or activity located on the same or nearby property. This subsection is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle.
(Ord. 2756 c.s., eff. January 18, 1996, as amended by § 9, Ord. 2884 c.s., eff. May 2, 2002, § 3, Ord. 2899 c.s., eff. March 20, 2003, and § 1, Ord. 3107 c.s., eff. February 8, 2013) View the mobile version.
4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
https://qcode.us/codes/redondobeach/ 1/11
Redondo Beach Municipal Code
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Title 4 PUBLIC WELFARE, MORALS, AND CONDUCT
Chapter 24 NOISE REGULATION
Note
* Chapter 24 entitled “Noise Regulation”, consisting of Article 1 entitled “General Provisions”, consisting of Sections 4-24.101 through 4-24.107, Article 2 entitled “Special Noise Sources”, consisting of Sections 4-24.201 through 4-24.206, Article 3 entitled “Construction”, consisting of Section 4-24.301, Article 4 entitled “Vehicles”, consisting of Sections 4-24.401 and 4-24.402, Article 5 entitled “Amplified Sound”, consisting of Sections 4-24.501 through 4-24.507, Article 6 entitled “Train Horns and Whistles”, consisting of Section 4-24.601, and Article 7 entitled “General Noise Regulation”, consisting of Sections 4-24.701 and 4-24.702, added by Ordinance No. 2129 c.s. effective October 10, 1974, amended in its entirety by Section 1, Ordinance No. 2183 c.s., effective August 11, 1976.
Article 1. General Provisions
4-24.101 Declaration of policy.
In order to control unnecessary, excessive, and annoying sounds emanating from all areas of the City, it is hereby declared to be the policy of the City to prohibit such sound generated from all sources as specified in this chapter.
It is determined that certain noise levels are detrimental to the public health, welfare, and safety and contrary to the public interest; therefore, the Council does ordain and declare that creating, maintaining, or causing, or allowing to create, maintain, or cause, any noise in a manner prohibited by, or not in conformance with, the provisions of this chapter is a public nuisance and shall be punishable as such. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.102 Definitions.
All terminology used in this chapter, not defined in this section, shall be in conformance with the applicable publications of the American National Standards Institute (ANSI) or its successor body. The words and phrases used in this chapter are defined as follows:
(a) “A-weighted sound level” shall mean the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA. (b) “Ambient noise level” shall mean the composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. (c) “Construction” shall mean any site preparation, assembly, erection, or substantial repair, alteration, or similar action, but excluding demolition, for or on public or private rights-of-way, structures, utilities, or similar property. (d) “Cumulative period” shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.
(e) “Decibel (dB)” shall mean a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) microPascals (twenty (20) microNewtons per square meter). (f) “Demolition” shall mean any dismantling, intentional destruction, or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
(g) “Emergency” shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. (h) “Emergency work” shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. (i) “Fixed noise source” shall mean a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air-conditioners, and refrigeration equipment. 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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(j) “Impulsive sound” shall mean a sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.
(k) “Intrusive noise” shall mean that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level. (l) “Land use district” shall mean all the zones established by Section 10-2.300 of Chapter 2 of Title 10 of this Code.
(m) “Licensed” shall mean the issuance of a formal license or a permit by the appropriate jurisdictional authority, or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public records. (n) “Mobile noise source” shall mean any noise source other than a fixed noise source. (o) “Motor vehicle” shall mean any and all self-propelled vehicles as defined in the Vehicle Code of the State, including all on-highway type motor vehicles subject to registration under said Code and all off-highway type motor vehicles subject to identification under said Code.
(p) “Muffler or sound dissipative device” shall mean a device for abating the sound of escaping gases of an internal combustion engine.
(q) “Noise” shall mean any sound which annoys, disturbs, causes, or tends to cause an adverse psychological or physiological effect on humans of normal sensitiveness. (r) “Noise Control Officer (NCO)” shall be the Chief of Police or his delegated representative. The NCO shall have the lead responsibility for the enforcement of the provisions of this chapter. (s) “Noise disturbance” shall mean any sound which:
(1) Endangers or injures the safety or health of humans; or (2) Annoys or disturbs a person of normal sensitiveness; or (3) Endangers or injures personal or real property.
(t) “Person” shall mean any individual, association, partnership, or corporation and shall include any officer, employee, department, agency, or instrumentality of the State. (u) “Presumed ambient noise level” shall mean the noise level assumed to be the ambient of any given land use category.
(v) “Public right-of-way” shall mean any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is owned or controlled by a governmental entity.
(w) “Public space (public property)” shall mean any real property, or structure thereon, which is owned or controlled by a governmental entity.
(x) “Pure tone (single tone)” shall mean any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a pure tone shall exist if the one-third (1/3) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous onethird (1/3) octave bands by five (5) dB for center frequencies of 500 Hz and above, by eight (8) dB for center frequencies between 160 and 400 Hz, and by fifteen (15) dB for center frequencies less than or equal to 125 Hz. (y) “Real property boundary, property lines, leasehold boundaries” shall mean an imaginary line along the ground surface and its vertical extension, which line separates the real property or leasehold owned or controlled by one person from that owned or controlled by another person, including intra-building real or leased property divisions. (z) “Receiving land use district category” shall mean the defined area or region of a generally consistent land use wherein the ambient noise levels are generally similar (within a range of five (5) dBA) Typically, all sites within any given land use district category will be of comparable proximity to major noise sources. (aa) “Sound” shall mean an oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that cause the compression and rearfaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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(ab) “Sound amplifying equipment” shall mean any machine or device for the amplification of the human voice, music, or any other sound, excluding internal automobile sound sources when used and heard only by the occupants of the vehicle in which such sound source is contained, and, as used in this chapter, warning and communication devices on public health and safety vehicles.
(ac) “Sound level” shall mean the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in the American National Standards Institute specifications for sound level meters (ANSI S 1.4-1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
(ad) “Sound level meter” shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which instrument satisfies the requirements pertinent for type S2A meters in the American National Standard specifications for sound level meters (S 1.4-1971, or the most recent revision thereof).
(ae) “Sound pressure” shall mean the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy. (af) “Sound pressure level” shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) microPascals (20 x 10 6 N/m 2 ). The sound pressure level is
denoted LP or SPL and is expressed in decibels.
(ag) “Sound truck” shall mean any motor vehicle, or any other vehicle, except public health and safety vehicles, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound amplifying equipment.
(ah) “Vibration” shall mean the mechanical motion of the earth or ground, buildings, or other types of structures induced by the operation of any mechanical device or equipment located upon or affixed thereto. For the purposes of this chapter, the magnitude of the vibration shall be stated as the acceleration in “g” units (one “g” is equal to 32.2 ft/sec 2 or
9.31 meters/sec
2 ).
(ai) “Weekday” shall mean any day, Monday through Friday, which is not a legal holiday. (§ 1, Ord. 2183 c.s., eff.
August 11, 1976, as amended by § 1(37), Ord. 2844 c.s., eff. November 4, 1999) Article 2. Noise Measurement Procedure
4-24.201 Investigations.
Upon the receipt of a complaint from a citizen, the Noise Control Officer or his delegated representative, equipped with sound level measurement equipment, shall investigate the complaint. The investigation, at the discretion of the NCO or his delegated representative, shall consist of a measurement and the gathering of data to adequately define the noise problem and shall include, but not be limited to, the following:
(a) Non-acoustic data.
(1) The type of the noise source;
(2) The location of the noise source relative to the complainant’s property; (3) The time period during which the noise source is considered by the complainant to be intrusive; (4) The total duration of the noise produced by the noise source; and (5) The date and time of the noise measurement survey.
(b) Actual measurement procedures. Utilizing the A-weighting scale of the sound level meter, the noise level shall be measured at a position or positions along the complainant’s property line closest to the noise source or at the location along the boundary line where the noise level is at maximum. In general, the microphone shall be located five (5′) feet above the ground, ten (10′) feet or more from the nearest reflective surface where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit or within the commercial or industrial structure, and the alleged violations shall be plotted against the standards set forth in Article 4 of 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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this chapter. The measurement shall be made at a point at least four (4′) feet from the wall, ceiling, or floor nearest the noise source with the windows in the normal seasonal configuration. The calibration of the instrument being used shall be performed immediately prior to recording any noise data utilizing an acoustic calibrator. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
Article 3. Exterior Noise Limits
4-24.301 Maximum permissible sound levels by land use categories.
The noise standards for the various categories of land use districts identified shall be the higher of either the presumed or actual measured ambient and shall apply to all such property within a designated category as follows:
Receiving Land Use District Category Time Period Presumed Ambient Level (dBA) Low Density 10:00 p.m. to 7:00 a.m. 45
Residential R-1-A, R-1, R-2, P-D-R, P-U-D
Overlay
7:00 a.m. to 10:00 p.m. 50
Medium Density 10:00 p.m. to 7:00 a.m. 50
Residential R-3, R4, P-D-R, P-U-D Overlay 7:00 a.m. to 10:00 p.m. 55 High Density 10:00 p.m. to 7:00 a.m. 55
Residential R-5, R-6, P-D-R, P-U-D Overlay, CI7:00 a.m. to 10:00 p.m. 60 Commercial NSC, 10:00 p.m. to 7:00 a.m. 60
CSC, GC, P-D-C 7:00 a.m. to 10:00 p.m. 65
Industrial P-D-I 10:00 p.m. to 7:00 a.m. 60
7:00 a.m. to 10:00 p.m. 65
Industrial P-I 10:00 p.m. to 7:00 a.m. 70
7:00 a.m. to 10:00 p.m. 70
As indicated above, the presumed ambient levels in the Planned Development Residential (P-D-R) and the Planned Unit Development (P-U-D) Overlay land use districts are categorized so as to be consistent with the actual density of the development. The presumed ambient levels for the Planned Development (P-D) and the Civic Center (C-C) land use districts shall be consistent with those established for the lowest adjacent land use district. (a) Correction for time characteristics. No person shall operate, or cause to be operated, any source of sound at any location within the City or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level when measured on any other property to exceed:
(1) The noise standard of the receiving land use district for a cumulative period of more than thirty (30) minutes in any hour; or
(2) The noise standard of the receiving land use district plus five (5) dB for a cumulative period of more than fifteen (15) minutes in any hour; or
(3) The noise standard of the receiving land use district plus ten (10) dB for a cumulative period of more than five (5) minutes in any hour; or
(4) The noise standard of the receiving land use district plus fifteen (15) dB for a cumulative period of more than one minute in any hour; or
(5) The noise standard of the receiving land use district plus twenty (20) dB for any period of time. 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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(b) Levels exceeding the noise limit categories. If the measured ambient level exceeds that permissible as set forth in subsections (1), (2), (3), and (4) of subsection (a) of this section, the allowable noise exposure standard shall be increased in five (5) dB increments as appropriate to encompass or reflect such ambient noise level. In the event the ambient noise level exceeds the noise level set forth in subsection (5) of subsection (a) of this section, the maximum allowable noise level shall be increased to reflect the maximum ambient noise level. (c) Correction for location of noise source. If the measurement location is on a boundary between two (2) different land use district categories, the noise level limit applicable to the lower land use district category, plus five (5) dB shall apply.
(d) Correction for ambient noise levels when alleged offending sources cannot be shut down. If possible, the ambient noise shall be measured at the same location along the property line utilized in subsection (a) of this section with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, then the ambient noise shall be estimated by performing a measurement in the same general area of the source, but at a sufficient distance such that the offending noise from the source is inaudible. If the difference between the noise levels with the noise source operating and not operating, with the utilization of either of the above-described methods of measurement, is six (6) dB or greater, then the noise measurement of the alleged source can be considered valid. (e) Correction for character of sound. In the event the alleged offensive noise contains a steady audible tone, such as a whine, screech, or hum, or is a repetitive noise, such as hammering or riveting, the standard limits set forth in this section shall be reduced by five (5) dB. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) Article 4. Interior Noise Standards
4-24.401 Maximum permissible interior dwelling sound levels.
The following noise standards for various categories of land use presented as follows, unless otherwise specifically indicated, shall apply to all such structures within a designated land use district category with the windows in their normal seasonal configuration:
Receiving Land Use Category Time Interval Allowable Interior Noise Level (dBA) Residential 10:00 p.m. to 7:00 a.m. 40
7:00 a.m. to 10:00 p.m. 45
School 7:00 a.m. to 10:00 p.m. 45
Hospital and designated quiet areas Any time 40
(a) Correction for time characteristics. No person shall operate, or cause to be operated, any source of sound at any location within the City or allow the creation of any noise which causes the noise level, when measured inside the receiving structure, to exceed:
(1) The noise standard for that land use district category as specified for a cumulative period of more than five (5) minutes in any hour; or
(2) The noise standard plus five (5) dB for a cumulative period of more than one minute in any hour; or (3) The noise standard plus ten (10) dB for any period of time. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) Article 5. Specific Prohibitions
4-24.501 Street sales.
Offering for sale, selling anything, or advertising by shouting or outcry within any area of the City, except by a variance issued by the NCO, shall be prohibited. The provisions of this section shall not be construed to prohibit the 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.502 Animals and fowl.
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied, or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound or outcry, shall result in noise levels at the complainants property line which are audible for more than five (5) minutes in any hour. (§ 1, Ord. 2183 c.s., eff.
August 11, 1976, as amended by § 1, Ord. 2478 c.s., eff. October 15, 1987, § 1, Ord. 2528 c.s., eff. February 16, 1989, and § 1, Ord. 2592 c.s., eff. August 16, 1990)
4-24.503 Construction noise.
(a) All construction activity shall be prohibited, except between hours of 7:00 a.m. and 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday and between the hours of 9:00 a.m. and 5:00 p.m. on Saturday. No construction activity shall be permitted on Sunday, or the days on which the holidays designated as Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day are observed. (b) In the case of an emergency, the Building Officer may issue a permit for construction activity for periods during which construction activity is prohibited by subsection (a) of this section. Such permit shall be issued for only the period of the emergency. Where feasible, the Building Officer shall notify the residential occupants within 300 feet of any emergency construction activity of the issuance of any permit authorized by this subsection. (c) If the Building Officer should determine that the peace, comfort, and tranquility of the occupants of residential property will not be impaired because of the location or nature of the construction activity, the Building Officer may issue a permit for construction activity for periods during which construction activity is prohibited by subsection (a) of this section.
(d) For purposes of this section, “construction activity” shall mean the erection, excavation, demolition, alteration, or repair of any building.
(e) Exemption. This section shall not be applicable to minor repairs or routine maintenance of residential dwelling units. (§ 1, Ord. 2183 c.s., eff. August 11, 1976, as amended by § 2, Ord. 2535 c.s., eff. April 13, 1989, and § 1, Ord. 2608 c.s., eff. January 3, 1991)
4-24.504 Vibration.
The operation or permitting the operation of any device which creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property, or at 150 feet (forty-six (46) meters) from the source if on a public space or public right-of-way, shall be prohibited. For the purposes of this section, “vibration perception threshold” shall mean the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be .001 “g’s” in the frequency range from zero to thirty (30) Hz and .003 “g’s” in the frequency range between thirty (30) and 100 Hz. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
4-24.505 Stationary non-emergency signaling devices.
(a) The sounding or permitting the sounding of any electronically-amplified signal from any stationary bell, chime, siren, whistle, or similar device intended primarily for non-emergency purposes, from any place, for more than ten (10) seconds in any hourly period shall be prohibited.
(b) Houses of religious worship shall be exempt from the provisions of this section. (c) Sound sources covered by the provisions of this section and not exempted by subsection (b) of this section shall be exempted only by a variance issued by the NCO. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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4-24.506 Emergency signaling devices.
(a) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing as provided in subsection (b) of this section, shall be prohibited. (b) The testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. The testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not normally occur more than once in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m. The time limit specified for testing an emergency signaling device shall not apply to the testing of a complete emergency signaling system. (c) The sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm shall not occur unless such alarm is automatically terminated within fifteen (15) minutes after activation. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
4-24.507 Domestic power tools.
(a) The operation or permitting the operation of any mechanical power saw, sander, drill, grinder, lawn or garden tool, or similar tool, or pneumatic or other air-powered tool between 10:00 p.m. and 7:00 a.m. of the following day so as to be audible to the NCO at the complainant’s real property line shall be prohibited. (b) Any pneumatic or other air-powered tool, motor, machinery, pump, or the like shall be properly muffled and maintained in good working order.
(c) It is unlawful to operate any motorized leaf blower in the City at any time. (§ 1, Ord. 2183 c.s., eff. August 11, 1976, as amended by § 1, Ord. 2450 c.s., eff. November 20, 1986, § 1, Ord. 2478 c.s., eff. October 15, 1987, § 1, Ord. 3097 c.s., eff. October 18, 2012, and § 1, Ord. 3180 c.s., eff. August 10, 2018) 4-24.508 Motor vehicles operating on public rights-of-way.
Equipment violations which create noise problems are regulated by Sections 27150 and 27151 of the California Vehicle Code. (§ 1, Ord. 2183 c.s., eff. August 11, 1976, as amended by § 1, Ord. 3135 c.s., eff. August 28, 2015) 4-24.509 Refuse collection vehicles.
No person shall operate any refuse collection vehicle between the hours of 7:00 p.m. and 7:00 a.m. the following day in a residential area. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.510 Southern California Edison Company.
The Southern California Edison Company steam plant, bounded by the A.T. & S.F. Railroad, Beryl Street, Harbor Drive, and Herondo Street, shall be allowed to produce a maximum of seventy-two (72) dBA at its property lines until January 1, 1978. Commencing January 1, 1978, said facility shall be required to comply with the provisions of Sections 4-
24.301 of Article 3 and 4-24.401 of Article 4 of this chapter. If for any reason it is suspected that Southern California Edison Company may be in violation of the maximum sound level provided by this section prior to January 1, 1978, monitoring shall be carried out at its property lines. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.511 Oil drilling and pumping sites.
The provisions of this section shall be in addition to the provisions set forth in Chapter 11 of Title 4 (Oil Wells) of this Code.
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(a) Pumping phases. Until January 1, 1978, all oil drilling and pumping sites within the City boundaries, while in the pumping phase of operation, shall be allowed to produce a maximum of sixty (60) dBA at their property lines. As of January 1, 1978, all oil drilling and pumping sites within the City boundaries, while in the pumping phase of operation, shall be required to comply with the provisions of Sections 4-24.301 of Article 3 and 4-24.401 of Article 4 of this chapter. (b) Drilling, rework, or maintenance phases. Until January 1, 1978, all oil drilling, rework, or maintenance sites within the City boundaries, while in the drilling, rework, or maintenance phases of operation, shall be allowed to produce a maximum of sixty-five (65) dBA at their property lines. As of January 1, 1978, all oil drilling and pumping sites within the City boundaries, while in the drilling, rework, or maintenance phases of operation, shall be required to comply with the provisions of Sections 4-24.301 of Article 3 and 4-24.401 of Article 4 of this chapter. (c) Monitoring. If for any reason it is suspected that any oil drilling and pumping site, while either in the pumping, drilling, rework, or maintenance phases of operation, may be in violation of the provisions of this section prior to January 1, 1978, monitoring shall be carried out at its property lines. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.512 Sound amplifying equipment.
It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use, or operate within the City a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, or lectures or transmitting music to any person or assemblage of persons in or upon any street, alley, sidewalk, park, place, or public property without first filing an application for a variance and obtaining approval thereof as set forth in Article 7 of this chapter. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
4-24.513 Amplified sounds: Electronic devices.
It is unlawful for any person to permit the transmission of, or cause to be transmitted, any amplified sound on any public street, sidewalk, alley, right-of-way, park, or any other public place or property which sound is clearly audible for a distance in excess of fifty (50′) feet from the source of such sound. This section shall not apply to any non-commercial public speaking, public assembly, or other activity for which a permit has been issued. (§ 2, Ord. 2478 c.s., eff. October 15, 1987)
4-24.514 Amplified sounds: Motor vehicles.
It is unlawful for the operator of any motor vehicle to permit the transmission of, or cause to be transmitted, any amplified sound which is clearly audible to other than the occupants of the vehicle. For the purposes of this section, “amplified sound” shall not include horns or any other legal warning devices used on motor vehicles. (§ 2, Ord. 2478 c.s., eff. October 15, 1987)
4-24.515 Pandemoniac vehicles: Defined: Prohibited: Exemptions. (a) Defined. For the purposes of this section, “pandemoniac motor vehicle” shall mean a motor vehicle of any appearance, performance, or capability, designed, constructed, or operated in such a manner as to create audible noise related to tire friction by accelerating such vehicle.
(b) Prohibited. It is unlawful for any person to operate a pandemoniac motor vehicle on any street or in any other place within the City.
(c) Exemption. This section shall not apply to an area expressly designated by ordinance or resolution as a “raceway” or “dragstrip.” (§ 2, Ord. 2478 c.s., eff. October 15, 1987) 4-24.516 Places of public entertainment.
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The operation or playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than ninety (90) dBA as read by the slow response on a sound level meter at any point which is normally occupied by a customer shall be prohibited, unless a conspicuous and legible sign is located outside such place, near each public entrance, which sign states: “Warning, Sound Levels Within May Cause Permanent Hearing Impairment.” (§ 2, Ord. 2478 c.s., eff. October 15, 1987) Article 6. Special Provisions (Exemptions)
4-24.601 Emergency exceptions.
The provisions of this chapter shall not apply to:
(a) The emission of sound for the purpose of alerting persons to the existence of an emergency; or (b) The emission of sound in the performance of emergency work. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.602 Warning devices.
Warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens and train horns, shall be exempted from the provisions of this chapter. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.603 Exemptions from exterior and interior noise standards.
The provisions of Sections 4-24.301 of Article 3 and 4-24.401 of Article 4 of this chapter shall not apply to activities or stationary noise sources covered by the following sections of Article 5 of this chapter:
(a) 4-24.501--Street sales;
(b) 4-24.502--Animals and fowl;
(c) 4-24.505--Stationary non-emergency signaling devices; (d) 4-24.506--Emergency signaling devices;
(e) 4-24.507--Domestic power tools;
(f) 4-24.508--Motor vehicles operating on public rights-of-way; (g) 4-24.509--Refuse collection vehicles;
(h) 4-24.510--Southern California Edison Company until January 1, 1978; (i) 4-24.511--Oil drilling and pumping sites until January 1, 1978; and (j) 4-24.512--Sound amplifying equipment.
(§ 1, Ord. 2183 c.s., eff. August 11, 1976)
4-24.604 Exemptions from exterior and interior noise standards: Federal and State preempted activities.
The provisions of Sections 4-24.301 of Article 3 and 4-24.401 of Article 4 of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by State or Federal laws. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
Article 7. Variances
4-24.701 Special variances.
(a) The NCO is authorized to grant a variance for an exception from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the NCO determines are appropriate to 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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protect the public health, safety, and welfare from the noise emanating therefrom. The provisions of this section shall in no way affect the duty to obtain any permit or license required by law for such activities. (b) Any person seeking a variance pursuant to this section shall file an application with the NCO. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee of Seventy-Five and no/100ths ($75.00) Dollars, unless, at the discretion of the NCO, the fee shall be waived.
A separate application shall be filed for each noise source; provided, however, several mobile sources under common ownership of several fixed sources on a single property may be combined into one application. Any individual who claims to be adversely affected by the allowance of the variance may file a statement with the NCO containing any information to support his claim. If at any time the NCO finds that a sufficient controversy exists regarding an application, a public hearing may be held.
(c) In determining whether to grant or deny the application, the NCO shall balance the hardship on the applicant, the community, or other persons against the adverse impact on the health, safety, and welfare of the persons affected and property affected and any other adverse impacts. Applicants for variances will be required to submit such information as the NCO may reasonably require. In granting or denying an application, the NCO shall keep on public file a copy of the decision and the reasons for denying or granting the application. (d) A variance shall be granted by a notice to the applicant containing all the necessary conditions, including the time limits on the permitted activity. The variance shall not become effective until all the conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted. (e) A variance will not exceed 365 days after the date on which it was granted. Applications for extensions of the time limits specified in variances or for the modification of other substantial conditions shall be treated like applications for initial variances. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.702 Appeals.
Any person aggrieved by the approval or disapproval of a variance, within fifteen (15) days after the date of such approval or disapproval, may appeal the decision of the NCO to the Council. The Council shall hold a hearing thereon, upon notice to the applicant, considering the same criteria presented to the NCO. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
Article 8. Enforcement
4-24.801 Prima facie violations.
Any noise exceeding the noise level limits for a designated receiving land use district category, as specified in Sections 4-24.301 of Article 3 and 4-24.401 of Article 4 of this chapter, or the prohibited actions as specified in Article 5 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
4-24.802 Abatement orders.
(a) Except as provided in subsection (b) of this section, and before issuing a notice of violation as provided for in Section 4-24.803 of this article, the NCO responsible for the enforcement of any provision of this chapter may issue an order requiring the abatement of a sound source alleged to be in violation within a reasonable time period according to guidelines which the NCO may prescribe.
(b) An abatement order shall not be issued for any violation which is deemed a misdemeanor or when the NCO has reason to believe there will not be compliance with an abatement order. 4/14/22, 10:07 AM Chapter 24 NOISE REGULATION
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(c) No complaint or further action shall be taken in the event the cause of the violation has been removed or when the condition has been abated or fully corrected within the time period specified in the written notice. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
4-24.803 Notices of violations.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to Section 4-24.802 of this article, the violation of any provision of this chapter shall be cause for a notice of violation to be issued by the NCO according to procedures which the NCO may prescribe. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) 4-24.804 Violations: Additional remedies: Injunctions.
As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes or creates sound levels or vibrations exceeding the allowable limits as specified in this chapter, shall be deemed and is hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injuries or damages arising from any violation of this chapter or from other laws. (§ 1, Ord. 2183 c.s., eff. August 11, 1976)
4-24.805 Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (§ 1, Ord. 2183 c.s., eff. August 11, 1976) View the mobile version.