City of Sacramento
Law and Legislation Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00149 3/7/2023 Consent Item 3.
Provide Direction to Amend Various Sections of Sacramento Municipal City Code Chapter
8.68, Relating to Noise Regulations
File ID: 2023-00149
Location: Citywide
Recommendation: Provide direction for amendments to various sections of chapter 8.68 of the Sacramento City Code.
Contact: Peter Lemos Code & Housing Enforcement Chief (916)808-8183 Community Development Department
Presenter: Peter Lemos Code & Housing Enforcement Chief (916)808-8183 Community Development Department
Attachments
1) Description/Analysis
2) Suggested code amendments submitted by constituent
Description/Analysis
Issue Detail: The Sacramento City Code contains several sections of chapter 8.68 that require modification to assist in enforcement and ensure a safe, peaceful environment for residents, businesses, customers, visitors, hospitals, churches, and schools. Over the years, some of these sections have become outdated or impractical to enforce. In other instances, the City Code lacks provisions that apply to specific conduct that is intrusive or disturbs the peace. Updating several existing sections of the City Code will enhance the City’s commitment to fulfill the community’s expectations for a safe, vibrant, and peaceful environment while also providing a more contemporary, comprehensive approach to handling quality of life issues within the community. This is a first step as the city has transformed to contain a vibrant destination for entertainment, nightlife, and social events the City’s sound and permitting ordinance has not kept pace and requires a comprehensive review to provide guidance and structure to not only our citizens and visitors, but also the artists, businesses, and venues.
1) Regulation of Specific Noises. Amend sections of 8.68 including but not limited to 8.68.200 and 8.68.280 of the Sacramento City Code, relating to noise regulations.
File ID: 2023-00149 3/7/2023 Consent Item 3.
People have a right to enjoy peace and tranquility as well as a certain right to privacy within their homes and businesses. Existing noise regulations already address portable gasoline- powered blowers, power tools, and power fans in residential neighborhoods. To further these objectives, the amendments could limit certain, specific noises, vibrations, and sound levels that would be considered loud, offensive or disturbing to a person’s right to peace.
Policy Considerations: The City Council has a long-standing commitment to supporting policies that protect its residents and visitors from quality of life issues that threaten the health, morals, safety, comfort, convenience, or welfare of the community while supporting people’s right to free speech and the enjoyment of entertainment and arts.
Economic Impacts: None
Environmental Considerations: : City Council rules of procedure generally require that all proposals for ordinances must be reviewed by the Law and Legislation Committee prior to Council review and adoption. The review by the Law and Legislation Committee is not itself a project under the California Environmental Quality Act (CEQA) because it is a request for input and recommendation as an administrative activity that will not result in any direct or indirect physical change in the environment. (CEQA guidelines section 15378(b)(5).) Environmental review pursuant to CEQA will be conducted prior to any adoption of the proposed ordinance.
Sustainability: N/A
Commission/Committee Action: Provide direction for specific changes to chapter 8.68 to provide additional authority for enforcement for violations of the Noise ordinance.
Rationale for Recommendation: Local municipalities can regulate certain types of activities taking place upon streets, sidewalks, or other traditional public forums provided there is a significant government interest, the regulations are narrowly tailored, and alternative methods for individuals to express their beliefs and ideas remain available. To ensure the commitment to protecting the City’s residents, visitors, and businesses, the proposed changes to the Sacramento City Code will bring the ordinances up to date to reflect current municipal practices concerning quality of life issues while simultaneously recognizing individuals’ ability to express their ideas and beliefs upon streets, sidewalks, and other public places.
Financial Considerations: N/A
ATTACHMENT 1
Stakeholder Language submitted for sections 12.96.020 and 8.68.100 of the Sacramento City Code
12.96.020 Approaching without consent within one hundred feet from entrance door to health care facility.
No person shall knowingly approach another person within eight feet of such other person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred (100) feet from any entrance door to a health care facility. Any person who violates this section is guilty of a misdemeanor. (a) Upon a first conviction for violation of 12.96.020 the person shall be incarcerated in the City Jail for up to three months, or fined up to 21 $500, or both. Upon a subsequent conviction for violation of Section 4303, the person shall be 22 incarcerated in the City Jail for up to six months, or fined up to $1000, or both. (b) Civil Enforcement. An aggrieved person may enforce the provisions of this article by means of a civil action. An aggrieved person includes any health care facility that is the site of a violation of this article. Any person who violates any of the provisions of this Article or who aids in the violation of this Article shall be liable to the aggrieved person for special and general damages, but in no case less than $1000 plus attorneys’ fees and the costs of the action. In addition, punitive damages may be awarded in a proper case. (c) Dispersal Order. A law enforcement official may order the immediate dispersal of a gathering that continues to violate 12.96.020 after verbal warning. A dispersal order issued pursuant to subsection (c) shall include the following statements: (1) the gathering has substantially impeded access to or departure from the health care facility; (2) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 25 feet of an entrance or a driveway to the health care facility; and (3) the order shall remain in place for eight hours or until the close of business of the reproductive health facility, whichever is earlier. This subsection (c) shall apply during the business hours of a health care facility and up to one hour before the posted business hours.
(d) Other Enforcement. Nothing in this article shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.
Distance between persons under this section shall be measured from that part of the approaching person’s body that is nearest to the closest part of the approached person’s body.
For purposes of the preceding sentence, the term “body” shall include any extension thereof including, but not limited to, an outstretched arm or an outstretched hand-held sign. (Ord. 2004- 049 § 2)
o0226-18.pdf (sfbos.org)
Noise Ordinance
8.68.100 Schools, health care centers, hospitals and churches.
It is unlawful for any person to create any noise which causes the noise level at any school, health care center, hospital, or church, while the same is in use, to exceed the noise standards specified in Section 6.68.070 or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbs or annoys patients in the hospital or health care center.
In any disputed case, interfering noise which is ten (10) dBA or more, greater than the ambient noise level at the building, shall be deemed excessive and unlawful. (SCC 254 § 1, 1976.) Any person who violates this section is guilty of a misdemeanor. (a) Upon a first conviction for violation of 12.96.020 the person shall be incarcerated in the City Jail for up to three months, or fined up to 21 $500, or both. Upon a subsequent conviction for violation of Section 4303, the person shall be 22 incarcerated in the City Jail for up to six months, or fined up to $1000, or both. (b) Civil Enforcement. An aggrieved person may enforce the provisions of this article by means of a civil action. An aggrieved person includes any health care facility that is the site of a violation of this article. Any person who violates any of the provisions of this Article or who aids in the violation of this Article shall be liable to the aggrieved person for special and general damages, but in no case less than $1000 plus attorneys’ fees and the costs of the action. In addition, punitive damages may be awarded in a proper case. (c) Dispersal Order. A law enforcement official may order the immediate dispersal of a gathering that continues to violate 12.96.020 after verbal warning. A dispersal order issued pursuant to subsection (c) shall include the following statements: (1) the gathering has substantially impeded access to or departure from the health care facility; (2) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 25 feet of an entrance or a driveway to the health care facility; and (3) the order shall remain in place for eight hours or until the close of business of the reproductive health facility, whichever is earlier. This subsection (c) shall apply during the business hours of a health care facility and up to one hour before the posted business hours.
(d) Other Enforcement. Nothing in this article shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.
A
mendment of Sacramento City Code found here:
https://qcode.us/codes/sacramentocounty/view.php?topic=6-6_68-6_68_110&frames=on