Agenda packet — Sierra Madre City Council, July 8, 2025 (part 2 of 2)

Chapter 9.32 NOISE
Sections:

9.32.010 Declaration of policy.

It is declared to be the policy of the Ccity, in the exercise of its authority, that the peace, health, safety and welfare of the citizens residents of Sierra Madre require protection from excessive, unnecessary and unreasonable noises from all sources in the community. At certain levels, noises are detrimental to the health and welfare of the citizenry residents and it is therefore the intention of the city to control the adverse effect of such noises and sources on the citizenry residents., especially those conditions of use which have severe impact upon any person. (Ord. 1012 § 2 (part), 1984: prior code § 5100)

9.32.020 Definitions.

For the purposes of this chapter, the words and phrases used in this chapter are defined as follows:
“A-weighted Decibel (dBA)” means the overall frequency-weighted sound level in decibels that approximates the frequency response of the human ear as represented by the A-weighted network. The reference pressure is 20 micropascals.
"A" level means the total sound level of all noise as measured with a sound level meter using the "A" weighting network. The unit is the dba.
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. “Construction” means demolition, building construction, and any excavating, grading, or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements thereon.
“Decibel”. The decibel is a unit measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. It denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten, of this ratio.
“Decipherable” means a . Ssounds that is are "decipherable" if they are of sufficient level that words or musical tunes can be made out or recognized by a person of normal hearing. "Emergencies" are essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm, or work by private or public utilities in restoring service. “Equivalent Continuous Sound Level (Leq)” means the value of an equivalent, steady sound level which, in a stated time period, has the same sound energy as the time-varying sound. Thus, the Leq metric is a single numerical value that represents the equivalent amount of variable sound energy received at a location over the specified duration.
"Holiday" means and includes New Year's Day (January 1), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in November), and Christmas Day (December 25).

EXHIBIT 2

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“Impulsive noise” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay.
"Leaf blower" means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces.
"Maximum sound level (Lmax)" means the highest RMS sound level measured during the measurement period.
"Local ambient" is the lowest sound level repeating itself during a two minute period as measured with a precision sound level meter, using slow response and "A" weighting as determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. However, in no case shall the local ambient be considered or determined to be less than (1) 30 dba for interior noise in Section 9.32.040; (2) 40 dba in all other sections.
"Noise level" is the maximum continuous sound level of repetitive peak level produced by a source or group of sources as measured with a provision sound level meter using the "A" weighting scale and the meter response function set to "SLOW."
“Mobile noise source” shall mean any noise source other than a stationary noise source. “Noise level” shall mean the “A-weighted” sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronewtons per square meter. The unit of measurement shall be designated as dBA.
"Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.

Precision Sound Level Meter. A "precision sound level meter" is a device for measuring sound level in decibel units within the performance specifications in the American National Standards Institute Standard S1.4, "Specification for Sound Level Meters."
"Property plane" is a vertical plane including the property line which determines the property boundaries in space.
"Simple tone noise" means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. In case of dispute, a simple tone noise shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. “Sound level meter” shall mean an instrument meeting American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
“Sound pressure level” of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
“Special City-sponsored or City-affiliated events” shall mean any temporary event that is organized, coorganized, or directly supported by the City, and that takes place on public or private property. Such events may include, but are not limited to, Fourth of July festivities, Concerts in the Park, and the Community Yard Sale.

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“Special Events” shall mean any temporary event that is not organized, co-organized, or directly supported by the City, and that is held on City-owned or City-controlled property, where a large number of people are expected to congregate. Special Events include, but are not limited to, festivals, fairs, parades, races, farmers’ markets, flea markets, weddings, rallies, or other similar organized activities. “Stationary noise source” shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. "Sound level" expressed in decibels (dba) is a logarithmic indication of the ratio between the acoustic energy present at a given location and the lowest amount of acoustic energy audible to sensitive human ears and weighted by frequency to account for characteristics of human hearing, as given in the American National Standards Institute Standard S1.1, "Acoustic Terminology," paragraph 2.9, or successor reference. All references to db in this chapter utilize the A-level weighting scale, abbreviated dba, measured as set forth in this section. "Vehicle" is any device by which any person or property may be propelled, moved, or drawn upon a highway or street.
(Ord. 1012 § 2 (part), 1984: prior code § 5101)
(Ord. No. 1287, § 1, 2-24-09; Ord. No. 1295, §§ 1—3, 7-14-09)

9.32.030 Residential property noise limits. Exterior noise standards.

A. The following exterior noise standards shall apply to all land uses at the property plane. It is unlawful for any person at any location within the incorporated area of the City to create any noise due to a stationary noise source (or any mobile noise source not preempted by State or Federal laws that preempts control of mobile noise sources on public roads), or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured at the property line of any property, either within or outside the City, to exceed the applicable noise standards:
(a) No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on residential property, a noise level more than 6 dba above the local ambient at any point outside of the property plane.
(b) No person shall produce, suffer or allow to be produced by any machine, device, or any combination of same, on multi-residential property, a noise level which exceeds 6 dba above the local ambient three feet from any wall, floor, or ceiling inside any dwelling unit on the same property, open or closed doors or windows, except within the dwelling unit in which the noise source or sources may be located. (Ord. 1012 § 2 (part), 1984: prior code § 5102)
Sierra Madre Exterior Noise Standards for Impacted Property Time Period
Leq Noise Level
dBA
(10 minute)
Lmax Noise Level
dBA
Leq Noise Level
dBC
(10 minute)
Lmax Noise Level
dBC
Day Time (7 a.m.–10 p.m.) 60 80 70 90
Evening Time (10 p.m.–7 a.m.) 50 70 60 80

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B. In the event the alleged offensive noise consists entirely of impulsive noise, simple tone noise, noise from sound amplifying equipment (e.g., speech or music), or any combination thereof, each of the above noise levels shall be reduced by five dBA.

C. If the alleged offense affects a property outside the City's jurisdiction, the exterior noise standards shall be enforced at the City boundary.

9.32.040 Commercial and industrial property noise.

No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on commercial or industrial property, a noise level more than 8 dba above the local ambient at any point outside of the property plane.
(Ord. 1012 § 2 (part), 1984: prior code § 5103)

9.32.050 Public property noise limits.

A. No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on public property, a noise level more than 15 dba above the local ambient at a distance of twentyfive feet or more, unless otherwise provided in this chapter.

B. Performances using sound amplifying equipment and special events shall not exceed 60 dba measured at a distance of fifty feet from the source without an exemption issued by the city manager or his designee.

These exemptions must consider the standards set forth in Sections 9.32.070 and 9.32.100. The exemption permit must be obtained in addition to any other permit or license.

C. Vehicle horns, or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health, or property is not imminent, without a valid noise permit.
(Ord. 1185 § 2(part), 2000: Ord. 1012 § 2 (part), 1984: prior code § 5104)

9.32.0460 Special exception provisions Exemptions.

The following activities shall be exempted from the provisions of this chapter:

A. Activities, such as school bands, school athletics, and school entertainment events, not constituting “special events” conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college. Daytime Exceptions. Any noise source which does not produce a noise level exceeding 80 dba at a distance of twenty-five feet under its most noisy condition of use shall be exempt from the provisions of Sections 9.32.030, 9.32.040 and 9.32.050 between the hours of seven a.m. and nine p.m. daily except Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m.

B. Emergencies. Emergencies Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work are exempt from this chapter.

C. Construction. Notwithstanding any other provision of this chapter, including Section 9.32.100, bBetween the hours of seven 7:00 a.m. and seven 7:00 p.m. daily, except Sundays and hHolidays when the exemption herein shall apply between ten 10:00 a.m. and six 6:00 p.m., construction, alteration or repair activities which are authorized by a valid city permit shall be allowed if the noise level at any point outside the property plane shall does not exceed 805 dbA Leq over an 8-hour period.

D. Powered equipment intended for repetitive use in residential areas. Leaf blower. Notwithstanding any other provision of this chapter, including Section 9.32.1070, no person shall operate a leaf blower machine or landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any

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hand tool which creates a loud, raucous noise within any residential zone or within 500 feet of a residence within the city outside of the hours of eight7:00 a.m. to seven 7:00 p.m., daily Monday through Saturday, and ten 10:00 a.m. to six 6:00 p.m., Sundays and hHolidays. The foregoing prohibition shall not apply within any commercial zone. Noise generated by leaf blowers within any commercial zone shall be regulated by other sections of this chapter.

E. Special City-sponsored or City-affiliated events. Any event organized or supported by the City that use sound amplifying equipment shall not exceed 70 dBA Leq over a 10 minute period or longer during daytime hours of 7:00 a.m. to 10 p.m. without an exemption issued by the city manager or his designee. Examples of such events include, but are not limited to, Fourth of July festivities, Concerts in the Park, and the Community Yard Sale. These exemptions must consider the regulations set forth in Section 9.32.060 and Section

9.32.070. The exemption permit must be obtained in addition to any other permit or license.

F. Any activity to the extent regulation thereof has been preempted by State or Federal law.

G. Noise sources associated with solid waste collection and removal, provided such activities take place between 7:00 a.m. and 6:00 p.m. Monday through Friday; or between 7:00 a.m. and 2:00 p.m. on Saturdays; or as otherwise provided in an approved franchise agreement between a waste hauler and the City. (Ord. 1012 § 2 (part), 1984: prior code § 5105)
(Ord. No. 1287, § 2, 2-24-09; Ord. No. 1295, § 4, 7-14-09)

9.32.070 Schools, hospitals and churches.

It is unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church, or hospital.
(Ord. 1012 § 2 (part), 1984: prior code § 5106)

9.32.0580 Motor-driven vehicles.

It is unlawful for any person to operate any motor driven vehicle within the city in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance; provided, however, any such vehicle which is operated upon any public highway, street, or right-of-way shall be excluded from the provisions of this section. In addition, vehicle horns, or other devices primarily intended to create a loud noise for warning purposes, shall not be used when the vehicle is at rest, or when a situation endangering life, health, or property is not imminent, without a valid noise permit. (Ord. 1012 § 2 (part), 1984: prior code § 5107)

9.32.0690 Exception permits.

A. Applications. The owner or operator of a noise source may file an application for a permit to temporarily exceed the noise limits in this chapter. The application shall set forth: (1) all facts regarding the request, including a detailed description of the noise source and proposed dates and times the noise limits would be exceeded; (2) the reasons why compliance with the noise limits cannot be achieved and the basis for such a determination; (3) all actions the applicant has taken, intends to take, and any proposed methods to minimize noise during the temporary activity; and (4) any such additional information relevant to the request the Director may require.

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B. Permit fee. The application shall be accompanied by a fee in the current amount established by resolution of the City Council. A separate application shall be filed for each noise source; provided, however, that several mobile noise sources under common ownership or several fixed sources on a single property may be combined into one application.

C. Permit processing. Within five days of receipt of a complete application, the Planning Department shall forward the application to the city manager for a determination. An applicant shall remain subject to the terms of this chapter unless and until a permit to temporarily exceed noise limits is granted.

D. City manager review, authority, and decision. The city manager shall consider the factors listed in Section

9.32.070.

The city manager is authorized to grant a permit to temporarily exceed the noise limits of this chapter for a as short duration as possible up to three months, but renewable upon showing a good cause, if the city manager finds such temporary waiver:

1. Would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought; and

2. That strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship, or unreasonable expense.

After reviewing the application and all relevant facts and information, the city manager shall render a decision on the application. Such decision shall be transmitted to the applicant in written form within ten days of the application submittal. Any person aggrieved with the decision of the city manager or his designee may appeal to the City Council for final determination.

Permit Requirements. A permit shall be for a limited period and may be subject to any terms, conditions, and requirements as the city manager deems reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on Noise Levels and operating hours, and a requirement to implement noise attenuation measures.

If the applicant can show to the city manager or his designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions.

Any such permit shall be of as short duration as possible up to three months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the city manager or his designee may appeal to the city council for final determination.
(Ord. 1185 § 2 (part), 2000: Ord. 1012 § 2 (part), 1984: prior code § 5108)

9.32.100070 General noise regulations Prohibited noises.

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully make or continue, to cause to be made or continued, any loud, unnecessary, or unusual noise which unreasonably disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the following:

A. The volume, pitch and intensity of the noise;
B. The duration and frequency of occurrence of the noise; C. Whether the nature of the noise is typical or atypical of the area;

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D. Whether the origin of the noise is natural or unnatural, controllable or uncontrollable; E. The volume and intensity of the background noise;
F. The proximity of the noise to residential sleeping facilities; G. The nature and zoning of the area within which the noise emanates; H. The time of the day or night the noise occurs;
I. Whether the noise is recurrent, intermittent, or constant; J. Whether the noise is produced by a commercial or noncommercial activity; K. Whether the amplified sound is loud enough to be decipherable outside the property plane. (Ord. 1012 § 2 (part), 1984: prior code § 5109)

9.32.080 Noise Level Measurement Criteria.

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter which meets at least American National Standards Institute (ANSI) Type 2 standards. While the exterior noise standards in Section 9.32.030 are applied to the property line of the receiving use, the location for measuring noise levels may be at any legally accessible vantage point where a reasonable person would conclude the noise may exceed this chapter's noise standards. All noise level measurements shall be performed in accordance with the procedures established by the City and shall be at a height of at least four feet, at least four feet away from reflective surfaces, and for a duration of at least 10 minutes, where feasible. The measurement shall be made using the A-weighting network (dBA) with "slow" meter response. Impulsive noises shall be measured using "fast" meter response. The purpose of the measurement is to determine if the alleged noise violation exceeds the standards established in Section 9.32.030. If for any reason the alleged offending noise cannot be turned off, shut down or temporarily removed from the area, then the ambient noise shall be estimated by performing a representative measurement in the same general area of the source but at a sufficient distance such that the noise source is inaudible. When documenting the low frequency ambient per Section 9.32.040.E, Cweighting (dBC) shall be used.

9.32.11090 Violation—Penalty.

Each day such violation is committed or permitted is to constitute a separate offense and shall be punishable as such.
(Ord. 1012 § 2 (part), 1984: prior code § 5110)

9.32.1020 Violations—Additional remedies—Injunctions.

8.40.010 Landscaping Equipment Requirements
A. It is unlawful for any person to use or to operate, or cause to be operated, any leaf-blowing machine or other landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any hand tool which creates a loud, raucous noise identified by future City Council Resolution within a residentially zoned area before 78:00 a.m. and after 76:00 p.m., Monday through Fridaydaily; before 109:00 a.m. and after 65:00 p.m. on Saturday or at any time on Sunday and Holidays.

B. It is unlawful for any person to use or to operate, or cause to be operated, any leaf-blowing machine or other landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any hand tool which creates a loud, raucous noise identified by future City Council Resolution within 500 feet of a residentially zoned area before 78:00 a.m. and after 76:00 p.m., Monday through Fridaydaily; before 109:00 a.m. and after 65:00 p.m. on Saturday or at any time on Sunday and Holidays.

C. It is unlawful for any person to use or operate, or cause to be used or operated a leaf blower in such a manner as to blow, dispel, or make airborne leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, which by use of the leaf blower, will intentionally cause such leaves, grass cuttings, paper, trash or any other type of unattached debris or material to become airborne or travel beyond the property boundaries of the parcel on which it is being used, to adjoining properties or public rights-of-way within the city, and to remain there for more than 15 minutes.

D. It is unlawful to operate any leaf-blowing machine or other landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any hand tool which creates a loud, raucous noise identified by future City Council Resolution in violation of Sierra Madre Municipal Code Chapter 9.32 (“NOISE”).

E. Commencing September 1, 2024, it is unlawful for any person to operate or authorize the operation of a gaspowered leaf blower or other landscaping equipment identified by future City Council Resolution at any time for any purpose.

Use of any gas-powered landscaping equipment is exempt from thissection as follows;

1. When utilized by or at the direction of emergency responders to respond to an emergency or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm.

2. When used to clear downed trees or vegetation in areas needing expedient clearance when necessary to protect public safety, as authorized by the City.

8.24.020 Penalties.

A. Violations of this section are subject to Sierra Madre Municipal Code Section 1.18.020 (“ADMINISTRATIVE FINES AND PENALTIES”)

ATTACHMENT C
Title 8 - HEALTH AND SAFETY
Chapter 8.40 Landscaping Equipment
Chapter 8.40 Landscaping Equipment
Sections:

8.40.010 Landscaping Equipment Requirements
A. It is unlawful for any person to use or to operate, or cause to be operated, any machine or other landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any hand tool which creates a loud, raucous noise identified by future City Council Resolution within a residentially zoned area before 7:00 a.m. and after 7:00 p.m., daily; and before 10:00 a.m. and after 6:00 p.m. on Sunday and Holidays.

B. It is unlawful for any person to use or to operate, or cause to be operated, any machine or other landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any hand tool which creates a loud, raucous noise identified by future City Council Resolution within 500 feet of a residentially zoned area before 7:00 a.m. and after 7:00 p.m., daily; before 10:00 a.m. and after 6:00 p.m. on Sunday and Holidays.

D. It is unlawful to operate any machine or other landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any hand tool which creates a loud, raucous noise identified by future City Council Resolution in violation of Sierra Madre Municipal Code Chapter 9.32 (“NOISE”).

Use of any gas-powered landscaping equipment is exempt from thissection as follows;

1. When utilized by or at the direction of emergency responders to respond to an emergency or necessary to restore, preserve, protect, or save lives or property from imminent danger of loss or harm.

2. When used to clear downed trees or vegetation in areas needing expedient clearance when necessary to protect public safety, as authorized by the City

8.24.020 Penalties.

A. Violations of this section are subject to Sierra Madre Municipal Code Section 1.18.020 (“ADMINISTRATIVE FINES AND PENALTIES”)

ATTACHMENT D
Title 9 - PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.32 NOISE
Sierra Madre, California, Code of Ordinances

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Chapter 9.32 NOISE
Sections:

9.32.010 Declaration of policy.

9.32.020 Definitions.

ATTACHMENT E

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9.32.030 Residential property noise limits. Exterior noise standards.

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C. If the alleged offense affects a property outside the City's jurisdiction, the exterior noise standards shall be enforced at the City boundary.

9.32.040 Commercial and industrial property noise.

9.32.050 Public property noise limits.

These exemptions must consider the standards set forth in Sections 9.32.070 and 9.32.100. The exemption permit must be obtained in addition to any other permit or license.

9.32.0460 Special exception provisions Exemptions.

The following activities shall be exempted from the provisions of this chapter:

B. Emergencies. Emergencies Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work are exempt from this chapter.

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9.32.070. The exemption permit must be obtained in addition to any other permit or license.

F. Any activity to the extent regulation thereof has been preempted by State or Federal law.

9.32.070 Schools, hospitals and churches.

9.32.0580 Motor-driven vehicles.

9.32.0690 Exception permits.

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D. City manager review, authority, and decision. The city manager shall consider the factors listed in Section

9.32.070.

1. Would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought; and

2. That strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship, or unreasonable expense.

9.32.100070 General noise regulations Prohibited noises.

A. The volume, pitch and intensity of the noise;
B. The duration and frequency of occurrence of the noise; C. Whether the nature of the noise is typical or atypical of the area;

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9.32.080 Noise level measurement criteria.

9.32.11090 Violation—Penalty.

Each day such violation is committed or permitted is to constitute a separate offense and shall be punishable as such.
(Ord. 1012 § 2 (part), 1984: prior code § 5110)

9.32.1020 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 discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed, and is 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. (Ord. 1012 § 2 (part), 1984: prior code § 5111)
Title 9 - PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.32 NOISE
Sierra Madre, California, Code of Ordinances Created: 2025-02-03 15:51:16 [EST] (Supp. No. 38)

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Chapter 9.32 NOISE
Sections:

9.32.010 Declaration of policy.

It is declared to be the policy of the City, in the exercise of its authority, that the peace, health, safety and welfare of the residents of Sierra Madre require protection from excessive, unnecessary and unreasonable noises from all sources in the community. At certain levels, noises are detrimental to the health and welfare of the residents and it is therefore the intention of the City to control the adverse effect of such noises and sources on the residents.
(Ord. 1012 § 2 (part), 1984: prior code § 5100)

9.32.020 Definitions.

For the purposes of this chapter, the words and phrases used in this chapter are defined as follows:
“A-weighted Decibel (dBA)” means the overall frequency-weighted sound level in decibels that approximates the frequency response of the human ear as represented by the A-weighted network. The reference pressure is 20 micropascals.
“Ambient noise level” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. “Construction” means demolition, building construction, and any excavating, grading, or filling of earth material, or any combination thereof, conducted at a site to prepare the site for construction or other improvements thereon.
“Decibel” is a unit measure of sound (noise) level relative to a standard reference sound on a logarithmic scale. It denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten, of this ratio. “Decipherable” means a sound that is of sufficient level that words or musical tunes can be made out or recognized by a person of normal hearing.
"Emergencies" are essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm, or work by private or public utilities in restoring service. “Equivalent Continuous Sound Level (Leq)” means the value of an equivalent, steady sound level which, in a stated time period, has the same sound energy as the time-varying sound. Thus, the Leq metric is a single numerical value that represents the equivalent amount of variable sound energy received at a location over the specified duration.
"Holiday" means and includes New Year's Day (January 1), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in November), and Christmas Day (December 25).
“Impulsive noise” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay."Leaf blower" means any portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces.

ATTACHMENT F
Created: 2025-02-03 15:51:16 [EST]
(Supp. No. 38)

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"Maximum sound level (Lmax)" means the highest RMS sound level measured during the measurement period.
“Mobile noise source” shall mean any noise source other than a stationary noise source. “Noise level” shall mean the “A-weighted” sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronewtons per square meter. The unit of measurement shall be designated as dBA.
"Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Property plane" is a vertical plane including the property line which determines the property boundaries in space.
"Simple tone noise" means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. In case of dispute, a simple tone noise shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.
"Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. "Sound amplifying equipment" shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. “Sound level meter” shall mean an instrument meeting American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
“Sound pressure level” of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
“Special City-sponsored or City-affiliated events” shall mean any temporary event that is organized, coorganized, or directly supported by the City, and that takes place on public or private property. Such events may include, but are not limited to, Fourth of July festivities, Concerts in the Park, and the Community Yard Sale. “Special Events” shall mean any temporary event that is not organized, co-organized, or directly supported by the City, and that is held on City-owned or City-controlled property, where a large number of people are expected to congregate. Special Events include, but are not limited to, festivals, fairs, parades, races, farmers’ markets, flea markets, weddings, rallies, or other similar organized activities. “Stationary noise source” shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment."Vehicle" is any device by which any person or property may be propelled, moved, or drawn upon a highway or street. (Ord. 1012 § 2 (part), 1984: prior code § 5101)
(Ord. No. 1287, § 1, 2-24-09; Ord. No. 1295, §§ 1—3, 7-14-09)

9.32.030 Exterior noise standards.

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source (or any mobile noise source not preempted by State or Federal laws that preempts control of mobile noise sources on public roads), or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured at the property line of any property, either within or outside the City, to exceed the applicable noise standards:
(Ord. 1012 § 2 (part), 1984: prior code § 5102)
Sierra Madre Exterior Noise Standards for Impacted Property Time Period
Leq Noise Level
dBA
(10 minute)
Lmax Noise Level
dBA
Leq Noise Level
dBC
(10 minute)
Lmax Noise Level
dBC
Day Time (7 a.m.–10 p.m.) 60 80 70 90
Evening Time (10 p.m.–7 a.m.) 50 70 60 80
B. In the event the alleged offensive noise consists entirely of impulsive noise, simple tone noise, noise from sound amplifying equipment (e.g., speech or music), or any combination thereof, each of the above noise levels shall be reduced by five dBA.

C. If the alleged offense affects a property outside the City's jurisdiction, the exterior noise standards shall be enforced at the City boundary.
(Ord. 1185 § 2(part), 2000: Ord. 1012 § 2 (part), 1984: prior code § 5104)

9.32.040 Exemptions.

The following activities shall be exempted from the provisions of this chapter:

B. Emergencies. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work are exempt from this chapter.

C. Construction. Between the hours of 7:00 a.m. and 7:00 p.m. daily, except Sundays and Holidays when the exemption herein shall apply between 10:00 a.m. and 6:00 p.m., construction, alteration or repair activities which are authorized by a valid city permit shall be allowed if the noise level does not exceed 80 dba Leq over an 8-hour period.

D. Powered equipment intended for repetitive use in residential areas. Notwithstanding any other provision of this chapter, including Section 9.32.070, no person shall operate a machine or landscaping equipment, or any other machinery, or other powered mechanical or electrical device, or any hand tool which creates a loud, raucous noise within any residential zone or within 500 feet of a residence outside of the hours of 7:00 a.m. to 7:00 p.m. daily, and 10:00 a.m. to 6:00 p.m. on Sunday and Holidays.

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events include, but are not limited to, Fourth of July festivities, Concerts in the Park, and the Community Yard Sale. These exemptions must consider the regulations set forth in Section 9.32.060 and Section

9.32.070. The exemption permit must be obtained in addition to any other permit or license.

F. Any activity to the extent regulation thereof has been preempted by State or Federal law.

9.32.050 Motor-driven vehicles.

9.32.060 Exception permits.

D. City manager review, authority, and decision. The city manager shall consider the factors listed in Section

9.32.070.

1. Would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought; and Created: 2025-02-03 15:51:16 [EST]
(Supp. No. 38)

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2. That strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship, or unreasonable expense.

9.32.070 Prohibited noises.

A. The volume, pitch and intensity of the noise;
B. The duration and frequency of occurrence of the noise; C. Whether the nature of the noise is typical or atypical of the area; D. Whether the origin of the noise is natural or unnatural, controllable or uncontrollable; E. The volume and intensity of the background noise;
F. The proximity of the noise to residential sleeping facilities; G. The nature and zoning of the area within which the noise emanates; H. The time of the day or night the noise occurs;
I. Whether the noise is recurrent, intermittent, or constant; J. Whether the noise is produced by a commercial or noncommercial activity; K. Whether the amplified sound is loud enough to be decipherable outside the property plane. (Ord. 1012 § 2 (part), 1984: prior code § 5109)

9.32.080 Noise level measurement criteria.

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violation exceeds the standards established in Section 9.32.030. If for any reason the alleged offending noise cannot be turned off, shut down or temporarily removed from the area, then the ambient noise shall be estimated by performing a representative measurement in the same general area of the source but at a sufficient distance such that the noise source is inaudible. When documenting the low frequency ambient per Section 9.32.040.E, Cweighting (dBC) shall be used.

9.32.90 Violation—Penalty.

Each day such violation is committed or permitted is to constitute a separate offense and shall be punishable as such.
(Ord. 1012 § 2 (part), 1984: prior code § 5110)

9.32.100 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 discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed, and is 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. (Ord. 1012 § 2 (part), 1984: prior code § 5111)
Rincon Consultants, Inc.
2 5 0 E a s t 1 st S tr e e t , S u i te 1 4 0 0
Los Angeles , California 90012
213 7 8 8 4 8 4 2 O F F I C E A N D F A X
i n f o @ ri n c o n c o n s u l t a n ts .c o m
w w w . r i n c o n c o n s u l ta n t s . c o m
January 24, 2025
Project No. 24-16916
Joshua Wolf, Senior Planner
City of Sierra Madre
232 West Sierra Madre Boulevard
Sierra Madre, California 91024
Subject: Noise Level Guidelines Memorandum
Dear Mr. Wolf:

This memorandum is provided by Rincon Consultants, Inc. (Rincon) to the City of Sierra Madre (City) to provide an assessment of the City’s current Noise Ordinance noise policies and regulations, and develop recommended options for updating the policies, including examples from nearby jurisdictions that would achieve the intended goals of the Noise Ordinance update. Noise ordinance examples in this memorandum include the cities of Huntington Beach, Los Angeles, Lake Forest, and San Francisco.

Summary of City of Sierra Madre Noise Ordinance
The City’s Noise Ordinance is contained under Chapter 9.32 – Noise of Title 9 – Public Peace, Morals and Welfare of the Municipal Code. Noise limits are split into sections for different types of land uses as follows:
▪ 9.32.030: Residential property noise limits.
▪ 9.32.040: Commercial and industrial property noise.
▪ 9.32.050: Public property noise limits.

The noise limits are expressed as an increase of A-weighted decibels (dBA) over ambient noise levels, with a 6 dBA increase allowed for residential property, a 12 dBA increase allowed for commercial and industrial properties, and a 15 dBA increase allowed for public property. The Noise Ordinance defines the local ambient noise level as that which is measured during a two-minute; however, it does not provide a presumed ambient noise level per land use type. In the definition, it does not state that in “no case shall the local ambient be considered or determined to be less than… 40 dBA.” Section 9.23.060 provides special exceptions to the Noise Ordinance, including stating that any noise source that does not exceed 80 dBA at a distance of 25 feet is exempt from the ambient noise provisions if the noise occurs during the daytime hours. Construction noise is exempt during the daytime hours if the noise does not exceed 85 dBA outside of the property plane. In addition, leaf blowers are not allowed to operate outside of the daytime hours.

As stated in Section 9.32.090, exception permits may be obtained if compliance with Noise Ordinance provisions is impractical or unreasonable. Sections 9.32.110 and 9.32.120 contain penalties and

ATTACHMENT G
injunctions related to violations of the provisions of the Noise Ordinance. This includes misdemeanors City of Sierra Madre
Noise Level Guidelines Memorandum

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and fines, or the operation or maintenance of a noise producing device may be subject to abatement or injunction issued by a court.

Improvement Opportunities
Per previous meetings between Rincon and the City, and the City’s Request for Proposal for their Noise Ordinance update, and Rincon’s analysis of the Noise Ordinance, the following concepts have been identified to be updated, improved, or added to the Noise Ordinance:
▪ Revise noise limits to include an exterior noise limit table, with a provision that if measured ambient noise levels exceeds the standard, the measured ambient noise level would become the limit. In addition, these noise limits would be be tailored to individual land uses (e.g., noise to residential uses would have a stricter limit).
▪ Consideration of limits and enforcement mechanisms being added to the Noise Ordinance for noise that occurs during events or film production (e.g., amplified music) ▪ Expand construction noise limits to pertain to receiving land use type ▪ Develop noise reduction or minimization techniques that the City can include in enforcement or permit documents
▪ Include vibration limits
▪ Consideration of including C-weighted decibels for certain standards ▪ Include restrictions for mechanical equipment such as tree trimmers Example Noise Ordinance Regulations
Exterior Noise Standards
A typical approach to noise ordinances throughout the state is to provide exterior noise level standards that defines the applicable noise limits by land use or zoning. These tables are an important addition to a Noise Ordinance so that noise enforcement can occur without taking an existing ambient noise measurement prior to measuring a noise nuisance. Provided below is an example table from the Huntington Beach Noise Ordinance by land use:
1 1 https://ecode360.com/43796779#43796813
7 a.m.–
Low-Density Residential
55 dBA
50 Time Period
10 p.m.

Low-Density Residential
75 Leq Noise Level
dBA
7 a.m.

Lmax Noise Level
City of Huntington Beach Exterior Noise Standards
7 a.m.–
70 10 p.m.–
75 10 p.m.

Land Use
55 City of Sierra Madre
Noise Level Guidelines Memorandum

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City of Huntington Beach Exterior Noise Standards
Land Use
Leq Noise Level
dBA
Lmax Noise Level
dBA Time Period
Medium-, High-Density Residential, Hotels, Motels 60 80 7 a.m.–10 p.m. 50 70 10 p.m.–7 a.m.

Schools 55 75 Hours of Operation
Hospitals, Churches, Cultural, Museum, Library,
Public Park, Recreational
60 80 Hours of Operation
Commercial/Office 65 85 Hours of Operation
These tables are typically followed by language that allows for an existing ambient noise level to be measured, in case the ambient noise level is higher than that listed in the table. For example, the Huntington Beach Noise Ordinance includes the following:

In the event the measured ambient noise level exceeds any of the noise limit categories above, the noise limit shall be increased to reflect said ambient noise level.

Some jurisdictions, such as Huntington Beach, also reduce the noise limits by 5 dBA for certain types of noise that are considered more of a nuisance, such as music:

In the event the alleged offensive noise consists entirely of impact or impulsive noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dBA.

An example of a presumed ambient noise level table that is delineated by zoning rather than land use is provided below, from the City of Los Angeles:

Where the ambient noise level is less than the presumed ambient noise level designated in this section, the presumed ambient noise level in this section shall be deemed to be the minimum ambient noise level for purposes of this chapter.
(In this chart, daytime levels are to be used from 7:00 a.m. to 10:00 p.m. and nighttime levels from 10:00 p.m. to 7:00 a.m.)
City of Sierra Madre
Noise Level Guidelines Memorandum

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Construction Noise
Rincon recommends an approach that uses the Federal Transmit Administration’s (FTA) construction noise standards. The FTA provides criteria for assessing construction noise impacts based on the potential for adverse community reaction in their Transit and Noise Vibration Impact Assessment Manual. 2 This has
been implemented in previous ordinances, such as the City of Los Angeles’s recent construction noise guidance updates, and provides reasonable criteria that is not overly burdensome while providing protection against excessive noise. The daytime noise threshold for an 8-hour period for residential receivers is 80 dBA Leq.

Vibration
Vibration approaches can vary widely in noise ordinances, with many ordinances not including vibration at all. A typical approach is to define a vibration impact not with a quantitative threshold, but as something that is “distinctly perceptible”, as can be seen in the City of Lake Forest Noise Ordinance3 below:

Operating or permitting the operation of any device that creates vibration that is distinctly perceptible to any person at a receiving Vibration-Sensitive Land Use is prohibited. For purposes of this section, distinctly perceptible means 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 visual observation of moving objects.

A vibration impact can also be defined with a quantitative limit in vibration decibels (VdB) or inches per second peak particle velocity (in/sec PPV), as shown below from this City of Huntington Beach example:

Notwithstanding other sections of this chapter, it is unlawful for any person to create, maintain or cause any operational ground vibration on any property which exceeds 72 VdB at nearby vibrationsensitive land uses. The vibration limit at vibration-sensitive uses with high sensitivity such as operations conducting medical research and imaging shall be 65 VdB.

Events/Music/Film
2 https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-andvibration-impact-assessment-manual-fta-report-no-0123_0.pdf 3 https://ecode360.com/43980379
4 https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_police/0-0-0-6511 NIGHT
60 M2 and M3
55 PRESUMED AMBIENT NOISE LEVEL (dB(A))
60 A1, A2, RA, RE, RS, RD, RW1, RW2, R1, R2, R3, R4, and R5 ZONE
50 M1, MR1, and MR2
65 P, PB, CR, C1, C1.5, C2, C4, C5, and CM
55 40
65 DAY
Some jurisdictions, such as Huntington Beach, penalize types of noise that are considered more of a nuisance, such as music, by reducing noise limits by 5 dBA if the noise generated is music:

Page 5 ends

than eight dBA above the local ambient at any point outside of the property plane. With respect to noise generated from a licensed Place of Entertainment, licensed Limited Live Performance Locale, or other location subject to regulation by the Entertainment Commission or its Director, in addition to the above dBA criteria a secondary low frequency dBC criteria shall apply to the definition above. No noise or music associated with a licensed Place of Entertainment, licensed Limited Live Performance Locale, or other location subject to regulation by the Entertainment Commission or its Director, shall exceed the low frequency ambient noise level defined in Section 2901(f) by more than 8 dBC.

The City can also consider codifying some of the noise-related items in the Conditional Use Permit for events at the Villa Del Sol D’Oro, shown below:

A. Applications. The owner or operator of a noise source may file an application for a permit to temporarily exceed the noise limits in this chapterThe application shall set forth: (1) all facts five dBA.

The City of San Francisco’s Noise Ordinance includes language that focuses on live performances.4 This includes conducting measurements in C-weighted decibels that are able to capture lower frequency noise from bass:
(b) Commercial And Industrial Property Noise Limits. No person shall produce or allow to be produced by any machine, or device, music or entertainment or any combination of same, on commercial or industrial property over which the person has ownership or control, a noise level more City of Sierra Madre
Noise Level Guidelines Memorandum

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cannot be achieved and the basis for such a determination; (3) all actions the applicant has taken, intends to take, and any proposed methods to minimize noise during the temporary activity; and (4) any such additional information relevant to the request the Director may require.

B. Permit Fee. The application shall be accompanied by a fee in the current amount established by resolution of the City Council. A separate application shall be filed for each noise source; provided, however, that several Mobile Noise Sources under common ownership or several fixed sources on a single property may be combined into one application.

C. Permit Processing. Within five days of receipt of a complete application, the Director shall forward the application to the City Manager for a determination. An applicant shall remain subject to the terms of this chapter unless and until a permit to temporarily exceed noise limits is granted.

D. City Manager Review, Authority, and Decision. The City Manager shall consider the likely magnitude of nuisance caused by the proposed noise, the uses of property within the area of impingement by the noise, time of day factors related to potential impacts to surrounding property occupants, and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noise-sensitive use affected by noise from such facility, and the general public interest and welfare.

The City Manager is authorized to grant a permit to temporarily exceed the noise limits of this chapter for a period not to exceed 30 days if the City Manager finds such temporary waiver:

1. would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought; and

2. that strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship, or unreasonable expense.

After reviewing the application and all relevant facts and information, the City Manager shall render a decision on the application. Such decision shall be transmitted to the applicant in written form within ten days of the application submittal. The City Manager’s decision shall be final.

Permit Requirements. A permit shall be for a limited period and may be subject to any terms, conditions, and requirements as the City Manager deems reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on Noise Levels and operating hours, and a requirement to implement noise attenuation measures.

Exceptions/Permits
The exception permit language in Section 9.32.090 of the City’s Noise Ordinance can be potentially expanded on to require more direct and applicable information from the person applying for the permit, and also to provide clearer guidance for the City staff reviewing the permit. For example, the City of Lake Forest has proposed the following for their noise ordinance:

Permit To Temporarily Exceed Noise Limits
City of Sierra Madre
Noise Level Guidelines Memorandum

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SEC. 112.04. POWERED EQUIPMENT INTENDED FOR REPETITIVE USE IN RESIDENTIAL AREAS AND OTHER MACHINERY, EQUIPMENT, AND DEVICES.

(a)

Between the hours of 10:00 p.m and. 7:00 a.m. of the following day, no person shall operate any lawn mower, backpack blower, lawn edger, riding tractor, or any other machinery, equipment, or other mechanical or electrical device, or any hand tool which creates a loud, raucous or impulsive sound, within any residential zone or within 500 feet of a residence.

(b)

Except as to the equipment and operations specifically mentioned and related elsewhere in this Chapter or for emergency work as that term is defined in Section 111.01(d), and except as to aircraft, tow tractors, aircraft auxiliary power units, trains and motor vehicles in their respective operations governed by State or federal regulations, no person shall operate or cause to be operated any machinery, equipment, tools, or other mechanical or electrical device, or engage in any other activity in such manner as to create any noise which would cause the noise level on the premises of any other occupied property, or, if a condominium, apartment house, duplex, or attached business, within any adjoining unit, to exceed the ambient noise level by more than five (5) decibels.

(c)

Notwithstanding the provisions of Subsection (a) above, no gas powered blower shall be used within 500 feet of a residence at anytime. Both the user of such a blower as well as the individual who contracted for the services of the user, if any, shall be subject to the requirements of and penalty provisions for this ordinance. Violation of the provisions of this subsection shall be punishable as an infraction in an amount not to exceed One Hundred Dollars ($100.00), notwithstanding the graduated fines set forth in L.A.M.C. § 11.00(m).

Enforcement
The City’s current enforcement code is as follows:

9.32.110 Violation—Penalty.

Any persons violating without satisfactory cause any provisions of this chapter will be deemed guilty of a misdemeanor and, upon conviction, shall be fined an amount not exceeding one thousand dollars or be imprisoned in the city or county jail up to, but not exceeding six months or by both such fine and imprisonment. Each day such violation is committed or permitted is to constitute a separate offense and shall be punishable as such.
(Ord. 1012 § 2 (part), 1984: prior code § 5110)

9.32.120 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 discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the Mechanical Equipment
The City’s Noise Ordinance currently addresses unique types of mechanical equipment with a small exception for leaf blowers by not allowing them to operate outside of the daytime hours. This can be expanded upon to better cover other types of equipment that may be considered a nuisance (e.g., tree trimming equipment. An example of a more comprehensive ordinance for these loud tools is shown below from the City of Los Angeles Noise Ordinance:

City of Sierra Madre
Noise Level Guidelines Memorandum

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their duly authorized representatives are authorized pursuant to Penal Code Section 836.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has violated a provision of this chapter in their presence.

B. If the Director or Police Chief and their duly authorized representatives conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the noise level is found to exceed the noise levels in this chapter, the property owner or the operator of the noise source shall be required to pay the City's cost of the noise monitoring tests or readings.

The City of Lake Forest:

11.16.110 Enforcement.

A. The Director or Chief and their duly authorized representatives shall enforce the provisions of this chapter. The Chief and their duly authorized representatives are authorized pursuant to Penal Code Section 836.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has violated a provision of this chapter in their presence. No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.

B. If the Director or Chief and their duly authorized representatives conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the Noise Level is found to exceed the limits specified in this chapter, the property owner or responsible party shall be required to pay the City’s cost of the noise monitoring tests or readings.

Recommendations and Conclusion
Rincon’s assessment of the City’s Noise Ordinance and discussions with the City identified potential areas of improvement to provide clarity and ease of use for City staff conducting enforcement of the ordinance. The examples and recommendations in this report would create a more consistent and clearer regulatory framework. Rincon generally recommends standards similar to the City of Huntington Beach, such as the implementation of their exterior noise limit table, with a provision for using the ambient noise level if a measurement shows the ambient is higher. The City can further strengthen their Noise Ordinance through implementing similar sections from Huntington Beach and the other cities featured in this document, such as adding vibration limits and improving language related to construction noise, enforcement, and events.

We look forward to discussing with the City the potential improvements to be implemented within the revised Noise Ordinance, which will be completed under the next task.

Sincerely,
RINCON CONSULTANTS, INC.
comfort, repose, health, or peace of residents in the area, shall be deemed, and is 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.

Examples of other jurisdictions and how they handle enforcement are included below, such as the City of Huntington Beach:

City of Sierra Madre
Noise Level Guidelines Memorandum

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Bill Vosti, MESM
Senior Environmental Planner
Josh Carman, INCE
Director
Rincon Consultants, Inc.
2 5 0 E a s t 1 st S tr e e t , S u i te 1 4 0 0
Los Angeles , California 90012
213 7 8 8 4 8 4 2 O F F I C E A N D F A X
i n f o @ ri n c o n c o n s u l t a n ts .c o m
w w w . r i n c o n c o n s u l t a n t s . c o m
www.rinconcons ultants.com
May 13, 2025
Project No. 24-16916
Joshua Wolf, Senior Planner
City of Sierra Madre
232 West Sierra Madre Boulevard
Sierra Madre, California 91024
Subject: Recommended Noise Enforcement Methods and Devices Dear Mr. Wolf,
This memorandum is provided by Rincon Consultants, Inc. (Rincon) to the City of Sierra Madre (City) to develop clear administrative procedures to enforce noise and vibration guidelines, including procedures for responding to complaints and violations, and recommend devices capable of measuring noise levels for enforcement officers to use when responding to violations.

Summary of Applicable Standards
The following discussion references the updated standards in the revised Noise Ordinance. The noise levels to be enforced in the City are included in the Sierra Madre Exterior Noise Standards table in Section 9.32.030 of the Noise Ordinance. Exemptions are provided in Section 9.32.040 and exception permits are outlined in Section 9.32.060. Prohibited noises are also expanded upon in Section 9.32.070.

Procedures for violations of the Noise Ordinance are outlined in Section 9.32.100 and 9.32.110.

Section 9.32.080 specifically discusses noise level measurement criteria. This section is summarized below and is referenced further in this document:

ATTACHMENT H
City of Sierra Madre
Recommended Noise Enforcement Methods and Devices
2 Responding to Complaints and Violations
To effectively respond to noise complaints from citizens, the City should implement a structured process that begins with documentation. When a complaint is received, staff should record key details such as the time, location, nature of the noise, and the complainant’s contact information. This information should be logged into a centralized tracking system to monitor patterns and ensure follow-up. A standardized intake form (digital and/or paper-based) can help ensure consistency and completeness in data collection. This tracking system will also support transparency and accountability in how complaints are handled.

Once a complaint is logged, an officer should be dispatched to the location to assess the situation. Using a sound level meter (methodology and device recommendations are provided later in this memorandum), the officer can measure the noise levels and compare them against Noise Ordinance standards. If a violation is confirmed, a verbal warning to modify or shut off the noise source is typical, with more serious, consistent violations falling under Sections 9.32.100 and 9.32.110 of the Noise Ordinance. All actions taken should be documented in the tracking system to maintain a clear record of enforcement and outcomes.

Noise Monitoring Methodology
The following accessories are required and/or recommended for each field measurement:
▪ A calibrator shall be used prior to the first measurement for each field visit (typical calibrators and calibrator maintenance are described further below).
▪ A windscreen is required to ensure accuracy of the measurements. ▪ A tripod is recommended for ease of use, as the measurement periods may extend for 10 minutes or more (although the sound level meters can be hand held if desired or if no tripod is available). ▪ A field sheet to record notes on the observations and measurements (see Attachment A for a sample field sheet).

The sound level meter settings shall reflect the specifications in Section 9.32.080, which include a slow or fast meter response depending on the noise source and the correct weighting that is being measured (dBA or dBC).

As described in Section 9.32.080, the location for measuring noise levels may be at any legally accessible vantage point where a reasonable person would conclude the noise may exceed this section's noise standards. All noise level measurements shall be at a height of at least four feet, at least four feet away from reflective surfaces, and for a duration of at least 10 minutes.

When the offending noise source is amplified sound generated from a live band, DJ, or other amplified music during a special event, dBA and dBC should be measured. This would require at least two sound level meters simultaneously (one meter would be set to dBA and one meter would be set to dBC), as a single meter cannot measure dBA and dBC at the same time. If only one meter is available, consecutive measurements can be made, with one in dBA, and one in dBC.

City of Sierra Madre
Recommended Noise Enforcement Methods and Devices
3 Recommended Devices
Sound Level Meter Types
Professional sound level meters typically meet either American National Standards Institute (ANSI) Type 1 or Type 2 standards. The main difference between the two types is that Type 1 is more accurate than Type 2 across various frequencies. The accuracy provided with a Type 1 meter is typically only necessary for specific tasks such as laboratory and calibration activities; whereas, a Type 2 meter is considered satisfactory for general purpose noise surveys and environmental noise measurements, such as the type that would occur for code enforcement. Therefore, Section 9.32.080 states that sound level meters used by the City for enforcement of noise limits shall meet at least ANSI Type 2 standards.

Sound Level Meter Brands
Many brands of sound level meters exist. Meters can range in options beyond meeting Type 1 or Type 2, such as octave band capabilities, memory, and battery life. Rincon uses two different types of meters, depending on the task: Larson Davis LxT (Type 1 meter) for scenarios where octave band data is needed, and Piccolo II meters (Type 2 meter) for typical measurements used to document ambient noise conditions and measure environmental noise sources. The price range for meters can vary widely, with the more advanced Larson Davis meters priced at approximately $5,000, while Piccolo IIs have been available for as low as $625 not including the calibrator.

Sound Level Meter Accessories
As described above, a tripod is a recommended accessory, although not required. However, it is vital for the sound level meters to be equipped with a windscreen, which helps to reduce the effects of wind on the accuracy of outdoor noise measurements. In addition, a calibrator should be used just prior to and after measurement activities; the calibrator should comply with ANSI Standard S1.40-2006. Typical calibrators include the Hangzhou Aihua Instruments’ AWA 6022A, which is the calibrator that Rincon uses for its calibration needs.

Sound Level Annual Meter Calibration
Typical best practices also have a sound level meter being sent back to the manufacturer or appropriate noise laboratory to be calibrated every one or two years. It is recommended that the City keep track of each meter’s latest calibration, and also manage the schedule of calibration so that one meter can be sent off for calibration while at least one meter is left at the City to be available for enforcement purposes.

City of Sierra Madre
Recommended Noise Enforcement Methods and Devices
4 Closing
This concludes the Recommended Noise Enforcement Methods and Devices memorandum. We look forward to discussing with the City any questions or comments on this memorandum.

Sincerely,
RINCON CONSULTANTS, INC.

Bill Vosti, MESM Josh Carman, INCE
Senior Environmental Planner Director
Attachments
Attachment A – Sample Field Sheet
Attachment A
Sample Field Sheet
Form Updated: 6/3/20225/13/2025
Ambient Noise Survey Data Sheet
Instructions: Document noise measurement locations with a photo of the site, including the noise meter. Take notes on general and secondary noise sources, including the instantaneous noise level if possible.

Project Name: Job Number:

Date: Operator Name:

Measurement #1
Location: Begin time: Finish time:

Measurement No.: Wind (mph): Direction:

Cloud Cover Class: Overcast (>80%) Light (20-80%) Sunny (<20%) Calibration (dB): Start: End:

Primary Noise Sources: Distance:

Secondary Noise Sources:

Notes:

Traffic Count: Passenger Cars:

Medium Trucks (2 axles, 6 tires): Heavy Duty Trucks (3+ axles):

Instantaneous Noise Sources/Levels (e.g., airplane, bus airbrake, etc.):

Leq: SEL: Lmax: Lmin: PK:

L(05): L(10): L(50): L(90): L(95):

Response: Slow Fast Peak Impulse
Measurement #2
Location: Begin time: Finish time:

Measurement No.: Wind (mph): Direction:

Cloud Cover Class: Overcast (>80%) Light (20-80%) Sunny (<20%) Calibration (dB): Start: End:

Primary Noise Sources: Distance:

Secondary Noise Sources:

Notes:

Traffic Count: Passenger Cars:

Medium Trucks (2 axles, 6 tires): Heavy Duty Trucks (3+ axles):

Instantaneous Noise Sources/Levels (e.g., airplane, bus airbrake, etc.):

Leq: SEL: Lmax: Lmin: PK:

L(05): L(10): L(50): L(90): L(95):

Response: Slow Fast Peak Impulse
Form Updated: 6/3/20225/13/2025
Notes:

GENERAL PLAN |CITY OF SIERRA MADRE, CALIFORNIA P a g e | 160 Section Four:

Noise

OVERVIEW OF EXISTING CONDITIONS
Sound is a disturbance in air pressure. It may be interpreted in different ways depending on one’s perception and may be described in qualitative or quantitative terms. Qualitative terms describe the noise in terms such as loud, soft, noisy, quiet, annoying or pleasant.

Quantitative descriptions of sound permit the application of noise standards and criteria as well as measures to mitigate noise impacts. Quantified measurements of sound involve three primary characteristics: Amplitude, frequency, and temporal pattern or duration. Amplitude is the sound pressure measured in Decibels (dB). Decibels are based on a logarithmic scale in order to compress the wide range of sound intensities. Frequency is the rate at which the sound source vibrates or causes the air to vibrate. The frequency in sound measured in Hertz (Hz) which is the number of cycles per second. Temporal pattern or duration is the length of time associated with a sound (e.g. continuous, intermittent, fluctuating, etc.)
Human perception of sound also depends on the time of day when the sound occurs. Sound levels that normally occur during daylight hours and that are not considered objectionable may be excessive when they occur at night. The use of frequency‐ weighted sound measurement estimates the human perception of noise or annoying sounds. Frequency weighing is expressed in terms of A‐ weighted decibels dB(A). It de‐emphasizes the very low and very high frequency ranges of sound and places greater emphasis on frequencies within the sensitivity range of the human ear.

Generally, outdoor noise levels are highly variable. Levels (Ldn) occur as low as 30 to 40 dB(A) in wilderness areas as high as 85‐90 dB(A) in urban areas. A normal suburban community would have a typical ambient noise level of 50‐60 dB(A), a very noisy residential area, up to 70 dB(A).

ATTACHMENT I
GENERAL PLAN |CITY OF SIERRA MADRE, CALIFORNIA P a g e | 161 In residential areas, major contributors to outdoor noise are transportation, industry, construction, gardening equipment, and human and animal sources. Population density is a primary determinant of ambient noise levels. Based on the population characteristics of Sierra Madre, the City would be considered as a normal suburban community with a typical noise level of 55 dB(A) as described above. In addition to the outdoor noise, additional exposure of humans to noise results from sources inside homes (e.g. appliances, radio and television, people and animals) and sources in the workplace, especially from
mechanical and electronic equipment.

Sierra Madre has a noise ordinance in effect that seeks to protect the citizens of the City from excessive, unnecessary and unreasonable noises, and contains policies to control the adverse effects of noise. The ordinance determines allowable noise limits in terms of the “Local Ambient” noise level.

Sierra Madre is primarily a residential community with no major highway, freeway or other transportation corridors traversing it.

The City contains 30.4 acres of land devoted to commercial uses constituting stationary sources of noise. As such, stationary noise in Sierra Madre is considered minimal and located in the City center, primarily along Sierra Madre Boulevard west of Baldwin Avenue to Lima Street and east of Baldwin Avenue to Mountain Trail Avenue. Along these roadway segments are included typical commercial establishments such as retail stores, restaurants, etc. Some additional commercial uses are found east of Baldwin Avenue on Montecito Avenue, including small
warehousing establishments and small machine‐shops. The Interstate 210 (I‐210) Freeway is considered a significant source of noise for the City given its proximity (about 1.25 miles south).

Although some studies claim noise from the I‐ 210 Freeway is not significant, residents of the City consider it to be a significant source of noise because freeway noise is amplified by the topography of the area.

As mandated by the State, noise sensitive receptors must be identified for a particular jurisdiction. A sensitive receptor is any area containing schools, hospitals, rest homes, long‐ term medical or mental care facilities, or any other land use deemed noise sensitive by the local jurisdiction. In Sierra Madre, the existing schools are considered sensitive land uses. There are no hospitals GENERAL PLAN |CITY OF SIERRA MADRE, CALIFORNIA P a g e | 162 or mental care facilities located in Sierra Madre; however, there are board and care facilities that are considered a sensitive land use.

NOISE GOAL
A City where the adverse effects of noise on residents are prevented and/or minimized.

Objective Hz14: Maintaining the quiet residential character of the City, free from excessive noise from transportation or fixed source generators.

Policies:

Hz14.1 Formulate measures to mitigate noise impacts
from mobile and stationary noise sources through
compatible land use planning and the
discretionary review of development projects.

Hz14.2 Identify and control the noise levels associated with transportation and general circulation
patterns in the City to ensure the residential
quality of the community.

Hz14.3 Enact noise regulations to prohibit unnecessary
excessive and annoying noise sources. These
controls currently relate to the general category of
disturbing‐ the‐peace nuisances.

Hz14.4 Ensure that the noise level of the commercial
districts does not interfere with the normal business,
commercial or residential activities.

Hz14.5 To the extent possible, protect schools, hospitals, libraries, churches, parks and recreational areas
from excessive sound levels so as not to adversely
affect their normal activities.

Hz14.6 Review current guidelines regarding the use of gas powered lawn equipment and consider restricting
GENERAL PLAN |CITY OF SIERRA MADRE, CALIFORNIA P a g e | 163 the type of equipment, hours and duration of
operation.

Objective Hz15: Minimizing the noise impacts associated with the development of residential units above ground floor commercial uses.

Policies:

Hz15.1 Require that commercial uses developed as part of a residential mixed‐use project are not noise
intensive.

Hz15.2 Design mixed‐use structures to prevent the
transfer of noise from the commercial use to the
residential use.

Hz15.3 Require that common walls and floors between
commercial and residential uses be constructed to
minimize the transmission of noise and vibration.

Objective Hz16: Minimizing the impacts of construction noise on adjacent uses.

Policies:

Hz16.1 Limit construction activities to reasonable
weekday and weekend/holiday hours in order to
reduce noise impacts on adjacent residences.

Hz16.2 Require that construction activities incorporate feasible and practical techniques to minimize the
noise impacts on adjacent uses.
403225.2
TO: Honorable Mayor Parkhurst and Members of the City Council FROM: Julia Homaechevarria, Deputy City Attorney
Aleks Giragosian, City Attorney
REVIEWED BY: Manuel Hernandez, Acting City Manager
DATE: July 8, 2025
SUBJECT: Permitting for First Amendment Protected
Assemblies

STAFF RECOMMENDATION
It is recommended that the City Council discuss permitting of First Amendment protected assemblies under Sierra Madre Municipal Code (SMMC) Chapter 12.34 and possible amendments.

EXECUTIVE SUMMARY
This report evaluates the City’s current permitting framework under Chapter 12.34 of the Municipal Code as it applies to First Amendment protected activities, such as protests and rallies, in light of concerns and recent events involving the "No Kings" protest.

Chapter 12.34 currently imposes several requirements that pose challenges when applied to First Amendment events—including mandatory insurance, indemnification, findings, and discretion in waiving the time requirements of applications.

If Council desires to make changes to permitting of First Amendment protected assemblies under Sierra Madre Municipal Code Chapter 12.34, staff recommends options 2 and 3 below.
1) No change to Chapter 12.34 (“Special Events Permits”) of Title 12 (“Streets, Sidewalks, and Public Places”) of the Sierra Madre Municipal Code.

City of Sierra Madre

AGENDA REPORT
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Susan Spears, City Treasurer
403225.2
2) Amend Chapter 12.34 (“Special Events Permits”) to provide waivers and exceptions for First Amendment protected activities.
3) Exclude First Amendment protected activities from all of Chapter 12.34 (“Special Events Permits”) permitting requirements.

ANALYSIS

1. Recent Events: City staff learned of a planned June 14th “No Kings” protest through social media, approximately one week prior. When staff contacted the organizer to gather information, the organizer confirmed the planned event and requested to rent Kersting Court (a park) for that purpose. Police Chief Barrientos also contacted the organizer to obtain an estimate of attendance to ensure appropriate staffing and safety measures.

Based on the organizer’s request to rent the park, staff initiated the standard park rental and Special Event Permit (SEP) process, which required an application, liability insurance, indemnification and fees including police overtime costs. The organizer expressed concerns regarding the insurance and indemnification requirements, permit fee, and rental costs, and requested an in-person meeting. During that meeting, staff explained the requirements for the park rental and the Special Event Permit and that without paying the fees, the rally could proceed, but would not be officially permitted. The organizer left with a blank SEP application and indicated that she would attempt to obtain insurance.

Later, the organizer emailed staff asking whether she could purchase insurance without indemnifying the City. Before staff had an opportunity to respond, the organizer sent a message to event registrants stating that the event was canceled due to the City’s “refusal to issue a permit”. On June 11
th
, the City Manager offered to waive all fees and insurance requirements, but no application was ultimately submitted.

In anticipation of the event, Public Works crews removed all the patio furniture from Kersting Court, staff contacted Metro (MTA) to re-route their bus service, and the Police Chief scheduled additional police officers to manage crowds downtown. The demonstration proceeded on June 14
th with an estimated 750-1000 participants. No
injuries, damage, or vandalism occurred.

2. Chapter 12.34 Special Events Permits: Chapter 12.34 was added to Sierra SMMC in 2012 through City Council’s adoption of Ordinance No. 1332, as amended.

Section 12.34.010 (Purpose) makes clear that the chapter applies to “festivals, races, fairs, farmers markets, flea markets, festivals, weddings, parades, rallies”; protests are an extension of rallies.

Section 12.34.020 (When special events permit required) requires that a special event permit (SEP) be obtained for events with over 200 attendees where sidewalks are only incidentally affected, or events with over 25 attendees where sidewalks are more than incidentally affected.
403225.2
Section 12.34.030 (How to obtain special events permit) requires the applicant:
 indemnify the city under subsection (A)(1)(a);
 pay costs the city incurs, including personnel and additional police, except those deemed reasonably necessary due to the anticipated controversy of the message under subsection (A)(1)(b); and
 maintain liability insurance for events with over 200 expected attendees under subsection (A)(1)(c).

Section 12.34.040 (First Amendment processing) requires that applications for First Amendment activities be filed at least ten days before the proposed event. An application filed less than ten days before the event can still be considered if the City Manager or designee decides good cause has been shown within two days of the application. Section

12.23.040 also requires that organizers of events for First Amendment activity still comply with all SEP requirements in Section 12.34.030.

Staff is therefore limited to the boundaries of Section 12.34.030 and was following the understood current requirements for a SEP in responding to the June 14th protest. Of Section 12.34.030(A)(1) SEP requirements for First Amendment Activity, only personnel costs can be waived under Section 12.34.030(A)(1)(b), and filing fees under subsection (A)(3)(a).

3. First Amendment Law for public forums: The First Amendment of the United States Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Under the Supreme Court's forum-based approach to free speech rights, public property is classified into three distinct categories: the traditional public forum, the designated public forum, and the non-public forum. 1 The traditional
public forum includes places such as streets and parks which “have immemorially been held in trust for the use of the public, and time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions.”
2 Although traditional public forums are protected areas for public debate, the government may nevertheless impose a permit scheme or reasonable restrictions on the time, place, and manner of free speech so long as it (1) does not “delegate overly broad licensing discretion to a government official,” (2) is content-neutral, (3) is narrowly tailored to serve a significant governmental interest, and (4) leaves open ample alternatives for communication.3

4. First Amendment activities and the current Code: Staff recommends the City Council consider amending Chapter 12.34's current requirements to ensure an

1 Perry Educ. Ass'n v. Perry Local Educators' Ass'n (1983) 460 U.S. 37, 44. 2 Hague v. Committee for Indus. Organization (1939) 307 U.S. 496, 515. 3 Thomas v. Chicago Park Dist. (2002) 534 U.S. 316.
403225.2
appropriate balance for First Amendment activities, particularly regarding insurance, indemnification, findings, and timing provisions.

Indemnification.

Indemnification provisions must not require a permittee to indemnify for accidents or injuries associated with the speech activity, even if the incidents were not caused by a member of the group, or for actions outside of the speaker’s control, or for all consequences of the event, including those caused by the City’s own actions.4 Section 12.34.030(A)(1)(a) requires a statement “that the applicant will indemnify and hold the city and any successor to the redevelopment agency harmless from any damages resulting from the special event.”
This requirement is therefore overbroad because it requires indemnity and imposes liability on a speaker for actions outside of the speaker’s control.

Insurance.

A number of courts have determined that private insurers are likely to apply content-, speaker-, and viewpoint-based criteria when determining whether to offer event liability insurance and, if so, how much to charge. Even insurance and indemnification requirements that are facially content-neutral, are susceptible to a legal challenge from a group with a controversial message whose First Amendment activity is totally prohibited because no third-party insurer is willing to provide the group with the required special event insurance coverage.5
Insurance requirements have been upheld by the Ninth Circuit where the requirements were not mandatory in the permitting scheme.6
Section 12.34.030(A)(1)(c) does not provide any exemption for First Amendment activity, including when an applicant is unable to obtain private insurance coverage for their event.

Therefore, the insurance requirement is susceptible for challenges over content-neutrality and does not provide ample alternatives for applicants for First Amendment activity.

Findings.

Section 12.34.030(A)(7) requires that all findings except for (a) be found in order to approve a SEP. However, many of the findings would be difficult to anticipate and make in the circumstances of a First Amendment protected activity. For example, finding (c) requires the “event will have sufficient access to bathroom facilities.”

4 Long Beach Area Peace Network v. City of Long Beach (9th Cir. 2009) 574 F.3d 1011; Kaahumanu v.

Hawaii (9th Cir. 2012) 682 F.3d 789, 810.
5 iMatter Utah v. Njord (D.Utah, 2013) 980 F.Supp.2d 1356, 1368-1370. 6 Long Beach Peace Network v. City of Long Beach (9th Cir. 2009) 574 F.3d 1011, 1030 [to qualify for the insurance exception, an applicant was required to either sign an indemnification agreement or agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers.] 403225.2
Rather than requiring the findings, conditions that are more specific to the event can still be enforced and implemented as needed under Section 12.34.030(B).

Time Limits.

The number of people that warrants advance notice is specific to the size of the public property in question.7 City authorities must have an appropriately constrained measure of discretion in permit schemes regulating the time, place, and manner of speech. 8 To
comply with the First Amendment, a permitting ordinance must provide some alternative for spontaneous expression concerning fast-breaking events.9 Santa Monica provides a useful model for addressing time-sensitive speech by incorporating three alternatives that courts have upheld: designating public spaces (like City Hall lawn) for unpermitted speech activities, creating exceptions for smaller sidewalk marches (up to 500 people in less-than-fifty, two-abreast formation), and clarifying that unorganized gatherings fall outside permit requirements since the ordinance presumes an event organizer—thereby allowing individuals responding to news events to express views publicly without permits.10
Section 12.34.040 provides unique requirements for permit applications for First Amendment protected activities with a more lenient timeline for application and further for an exception upon good cause. The discretion afforded to the City Manager to find good cause is too broad and violates the requirement that time, place, and manner restrictions not delegate overly broad licensing discretion to a government official.

5. Options:

Option 1) No change to Chapter 12.34 (“Special Events Permits”). This option leaves open the likelihood that future First Amendment activities will encounter the same issues as that of the June 14th protest.

Option 2) Amend Chapter 12.34 (“Special Events Permits”) by:
 Waiving the indemnity and insurance requirements for First Amendment activities, similar to as personnel costs can be waived.
 Waiving the findings’ requirements of 12.34.030(A)(7), except for the findings regarding police and traffic for safety purposes and instead utilize conditions on the permit under 12.34.030(B) as necessary.
 Waiving the unique timing requirements and discretion in finding good cause imposed by 12.34.040. Instead, City Council may consider applying a scheme similar to that of Santa Monica or an analogous exemption for First Amendment activity that does not rely on a good cause finding by the City Manager. Notice of an event may be requested in order to coordinate response to specific risks, hazards and dangers to public health and safety.

7 Long Beach Area Peace Network v. City of Long Beach, supra at 1021. 8 Yates v. Norwood (E.D. Va. 2012) 841 F.Supp.2d 934.
9 Santa Monica Food Not Bombs v. City of Santa Monica (9th Cir. 2006) 450 F.3d at 1047. 10 Santa Monica Food Not Bombs v. City of Santa Monica, supra at 1047. 403225.2
Option 3) Exempt all First Amendment activities from Chapter 12.34’s SEP requirements.

This can be accomplished through two approaches.

The first approach, Option 3(a), entails utilizing Section 12.34.020(d) as written, which provides that a SEP is only required when requiring the permit would not violate constitutional provisions such as the freedoms of speech and assembly. Under this option, the City Council would make a finding at the administrative level for staff to enforce during the permitting process. The City Council would find that Section 12.34.020(d) cannot be satisfied for applications for First Amendment protected activities, because the requirements for a SEP, written in 2012, now violate the constitutional protections of the First Amendment. Therefore, First Amendment activities are exempt from SEP application requirements.

The second approach, Option 3(b), entails expressly exempting all First Amendment protected activities by amending code. Staff would return with proposed amendments for consideration under this option. The potential amendments may include changes to Section 12.34.020(d) and deletion of Section 12.34.040 (First Amendment processing).

ENVIRONMENTAL (CEQA)
The consideration of these options is not a “project” under the California Environmental Quality Act because under 14 CCR 15378(b)(5) a “project” does not include “Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.”

STRATEGIC PLAN CORRELATION
The consideration of these options furthers Strategy PS 3.3 (Effectively Enforce Existing City Codes) of Goal 3 (Manage Outdoor Environment) of “Maintain A Safe, Secure Community” Strategic Objective for Public Safety by determining which code provisions should be enforced within the City’s boundaries.

FISCAL IMPACT
N/A

PUBLIC NOTICE
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City’s website at www.cityofsierramadre.com.

ATTACHMENTS:

Attachment A: Chapter 12.34 (“Special Events Permits”) of Title 12 (“Streets, Sidewalks, and Public Places”) of the Sierra Madre Municipal Code.

Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.34 SPECIAL EVENTS PERMITS
Sierra Madre, California, Code of Ordinances
(Supp. No. 38)

Page 1 of 6 ends

Chapter 12.34 SPECIAL EVENTS PERMITS
Sections:

12.34.010 Purpose.

This chapter is intended to further the goals of the general plan by regulating the use of public property for temporary events where a large number of people will congregate, and ensuring that the public property is utilized in an efficient, equitable, secure, and safe manner. This chapter is intended to apply to events where any portion of the event will occur on public property, including, for example, festivals, races, fairs, farmers markets, flea markets, festivals, weddings, parades, rallies. The requirements of this code are intended to be in addition to, and not in lieu of, the requirements of any other provision of this code. (Ord. No. 1332, § 1, 11-27-12)

12.34.020 When special events permit required.

No person may conduct any activity on property owned or controlled by the city or successor agency without first having obtained a special events permit if all of the following are true:

A. The activity is a temporary or intermittent activity where either (1) two hundred or more people are expected to attend during the duration of the event and streets and sidewalks will only be incidentally affected; or (2) twenty-five or more people are expected to attend during the duration of the event and streets or sidewalks will be more than incidentally affected. For purposes of determining the number of people expected to attend an event, if an individual returns to an event on subsequent day(s), each new day in which a visit occurred shall constitute an individual person.

B. The event will use the property owned or controlled by the city or successor agency in a magnitude or manner that is inconsistent with the typical use of the property.

C. The proposed use has not already been authorized pursuant to a written agreement with the city approved by the city council (e.g. a memorandum of understanding) or authorized consistent with the provisions of this code, and the use is consistent with that authorization. The following are examples of activities where the use would have already been authorized:

1. The event will occur solely on property for which the applicant obtained a facility use permit pursuant to Chapter 12.24 (Public Parks and Recreation Centers).

2. The applicant obtained an entitlement to use the property consistent with Title 17 of the Municipal Code (Zoning).

3. The applicant obtained an encroachment permit authorizing the proposed use, consistent with the provisions of Chapter 12.12 (Obstruction of Streets, Sidewalks and Public Places).

4. The applicant obtained an excavation permit authorizing the proposed use, consistent with the provisions of Chapter 12.16 (Excavations).

D. Requiring the person to obtain a special events permit would not violate any constitutional protections such as the freedoms of speech and assembly.
(Ord. No. 1332, § 1, 11-27-12)
Attachment A
(Supp. No. 38)

Page 2 of 6 ends

12.34.030 How to obtain special events permit.

A. Generally Applicable Rules. The decision maker shall approve or conditionally approve a proposal if all of following requirements are met:

1. Application. The applicant shall file a complete application form with the city manager or designee. The form shall include all information required by the director, including, among other things:
a. A statement that meets the approval of the city attorney that the applicant will indemnify and hold the city and any successor to the redevelopment agency harmless from any damages resulting from the special event.
b. A statement that the applicant will be financially responsible for any costs the city incurs as a result of the event. Such costs include, but are not limited to, the costs of any additional police and/or fire personnel presence the chief of police and/or fire chief deems reasonably necessary, and the cost of any other city staff the respective department directors deems reasonably necessary, except that applicants for permits to engage in First Amendment activity shall not be required to provide payment for police, fire, or other city staff deemed reasonably necessary due to the anticipated controversy of the message.
c. For events or activities where two hundred or more people are expected to attend during the duration of the event, a statement that the applicant agrees to maintain in full force and effect, at its own expense, a general comprehensive liability insurance policy or policies which shall insure applicant and provide primary coverage for the city, its officers, boards, commissions, agents, volunteers and employees, against liability for loss or liability for personal injury, death, property damage (both automobile and non-automobile cause), and, as deemed necessary by the director based upon the proposed uses, coverage for explosion and collapse hazard, underground hazards or other damages. Each such policy shall contain the standard cross-liability endorsement, shall be issued by a company admitted in California and with a rating of at least A:

VII in the latest edition of Best's Insurance Guide, and shall be in a form approved by the city attorney, with minimum combined single limits of liability coverage or the equivalent thereof in the amount of not less than one million dollars, or such higher amount required by the director, which amount shall not exceed five million dollars. The applicant shall provide the director copies of the endorsements within the shorter of forty-five days from the date of approval of the special events permit or five days before the date of the proposed special event. The policy or policies shall name the city, its officers, boards, commissions, agents and employees as additional insured at no cost to the city, and shall contain a provision that a written notice of any cancellation, modification or reduction in coverage of said policy shall be delivered to the director thirty days in advance of the effective date thereof. The applicant shall also provide worker's compensation coverage consistent with California statutory requirements, if applicable. d. A statement that the applicant will not use any copyrighted material unless the applicant is legally authorized to do so.

2. Timing of Application. Except for applications for an event conducted for the purpose of engaging in constitutionally protected expression pursuant to Section 12.34.040 below, the applicant must submit a complete application at least sixty days prior to the first date of the proposed event. If an application for a permit to conduct an event which is not for the purpose of engaging in constitutionally protected expression is received between twenty and fifty-nine days before the proposed event date, the director may accept it for processing, if, in his/her reasonable discretion the director determines that good cause exists for such late submittal.
(Supp. No. 38)

Page 3 of 6 ends

3. Filing Fee. The applicant shall pay to the city an application fee in an amount set by resolution of the city council, except:
a. No filing fee shall be required from any of the following:
i. any use which is for an event conducted for the sole purpose of engaging in constitutionally protected expression;
ii. any event which has its sole purpose the raising of funds for the city or a city department or city service; or
iii. any event put on by an organization which has as its sole purpose to benefit a particular city department or service, and the event is in support of the entity organization's goal. b. The decision maker will waive up to half of the cost of the application fee if the decision maker finds all of the following:
i. The special event is predominantly sponsored by a "local organization" that is also a "charitable organization," as those terms are defined in Section 12.24.080. ii. The applicant has conducted a similar event within the prior fifteen months and the applicant met all of its financial obligations no later than three months after the conclusion of that prior event.
iii. The benefits of providing the partial fee waiver greatly outweigh the costs of the city providing the fee waiver.

4. Obtained Other Necessary Approvals. The applicant has obtained all permits or approvals that may otherwise be required by law, such as:
a. permits issued pursuant to Chapter 5.24 (Bingo Games); b. permits issued pursuant to Chapter 12.12 (Obstructions of Streets, Sidewalks and Public Places); c. permits issued pursuant to Chapter 12.16 (Excavations); d. permits issued pursuant to Chapter 12.24 (Public Parks and Recreation Centers); e. permits issued pursuant to Chapter 17.72 (Signs);
f. permits issued pursuant to Chapter 17.88 (Temporary Use Permit); g. permits to serve food issued by Los Angeles County Department of Health Services; h. a license to serve alcohol issued by the department of alcoholic beverage control, and approved by the city chief of police.

5. Duration. Special event permits shall specify the specific dates on which the special event may occur.

Unless expressly authorized by the city council, no special event permit may be issued more than ten months in advance of the first date of the activity, nor less than sixty days in advance of the first date of the activity, except as authorized by Section 12.34.030.A.2, above.

6. Expiration. In no event shall a special event permit authorize any activity that occurs more than one year and two months from the first date of the activity.

7. Findings. Except for activities that are protected by the First Amendment (for which the decision maker need not make finding "a") the decision maker must make all of the following findings to approve the special event permit:
a. The proposed special event will further the goals of the general plan. (Supp. No. 38)

Page 4 of 6 ends

b. The members of the public attending the event will have sufficient access to police and fire services, as will the members of the public not attending the event. c. The event will have sufficient access to bathroom facilities. d. The decision maker has considered the opinions of the public works director regarding the sufficiency of the proposed plans to mitigate parking impacts and traffic impacts. e. The proposed plan to mitigate parking impacts is sufficient, and will be properly implemented. f. The proposed plan to mitigate traffic impacts is sufficient and will be properly implemented. g. The event will have sufficient access to trash and recycling receptacles and the applicant will ensure that any trash or recyclable materials will be properly disposed of after the event and will not end up in roadway gutters and/or storm drains.
h. The applicant has reimbursed the city for any unreimbursed expenses that the city incurred as a result of any special event activity that was or would have been subject to the requirements of this chapter in the ten years preceding the date of the application. i. The proposed special event will not negatively affect in a significant manner another approved, or scheduled special event for one, some, or all of the same dates (e.g. "first come first served"). j. If the event is a parade, the parade will move from its point of origin to its point of termination in three hours or less.
k. The event will not substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets, or a previously granted encroachment or excavation permit.
l. The event will occur at a time and place where the noise created by the activities of the event will not substantially disturb or disrupt the activities of schools.

B. Conditions. The decision maker may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place, and manner of the event, as necessary to make the findings provided in subsection A.7, above, provided that such conditions shall not unreasonably restrict the right of free speech. Such conditions include, but are not limited to:

1. Alteration of the date, time, or location or route proposed on the permit application.

2. Alteration of the location of the assembly and disbanding areas of a parade.

3. Accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street.

4. Requirements for the training and use of monitors;

5. Restrictions on the number and type of vehicles, animals, or structures at the event;

6. Compliance with all applicable laws, including Chapter 6.04 ("Animal Control");

7. Requirements for the use of garbage containers, cleanup and restoration of city property;

8. Restrictions on the use of amplified sound;

9. Requirements for providing first aid or sanitary facilities;

10. Requirements for notice of permit conditions to event participants.

C. Determining the Decision Maker. The decision maker will be either the city manager or designee or the community services commission.
(Supp. No. 38)

Page 5 of 6 ends

1. The city manager or designee will be decision maker if the event is for the purpose of engaging in constitutionally protected speech; or all of the following are true:
a. Less than four hundred people are expected to attend during the entire duration of the event(s).

For these purposes, individuals returning on different days are counted as different people. b. If the applicant will obtain a permit to block city streets pursuant to Chapter 12.12, all of the following must apply:
i. Less than two city blocks of street will be blocked off; ii. Blocked streets are neither arterial nor collector streets; and iii. Blocked streets are located entirely within any combination of the following zones: R-1, R1-9, R-1-11, R-1-15, or R-C.

2. Even if subsection C.1., above, applies, the city manager or designee may opt to not be the decision maker on any particular permit request, unless the event is for the purpose of engaging in constitutionally protected speech.

3. The community services commission will be the decision maker if the city manager or designee is not the decision maker.

D. Appeals of Decision Maker Decisions to City Council. Any decision of the decision maker to approve, conditionally approve, or deny an application may be appealed directly to the city council. The following rules apply to such appeals:

1. Ten days. An appeal must be filed with the city manager or designee within ten consecutive calendar days after the written notice of decision is deposited, postage prepaid, with the United States Postal Service.

2. In Writing. An appeal shall be in writing, and shall state therein the basis for such appeal.

3. Filing Fee. A filing and processing fee in an amount as set by resolution of the city council shall be paid to the director concurrently with the filing of an appeal.

4. Setting Hearing. Upon receipt of a written appeal and proof of payment of the required fee, the city manager or designee shall set the matter on the city council agenda for consideration by the city council at its next available regularly scheduled meeting, and give the appealing party and any other person requesting the same, at least five consecutive calendar days' written notice of the time and place of such hearing.

5. Council Hearing. At the time and place for the de novo hearing upon said appeal, the city council shall give any person interested in such matter a reasonable opportunity to be heard. The burden of proof in the appeal shall be on the appealing party to show that the appealed decision was in error. The decision of the city council shall be final.

6. Notice of Council Decision. The city manager or designee shall give written notice of the city council's action, within five days, to the appealing party, and any other person requesting the same.

E. Lack of Notice. Failure to receive actual notice shall not prevent compliance with the requirements of this section.
(Ord. No. 1332, § 1, 11-27-12)
(Supp. No. 38)

Page 6 of 6 ends

12.34.040 First Amendment processing.

This section applies only to applications for events that are for the purpose of engaging in constitutionally protected expression.

A. Ten or More Days Required. The city manager or designee shall accept and process all such applications that are received at least ten days before the proposed event date. Upon a showing of good cause, the director shall consider an application which is filed after the final filing deadline, provided that there is sufficient time to process and investigate the application and obtain police services for the event. Good cause can be demonstrated by the applicant showing that the circumstance which gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and that the event is for the purpose of exercising the right of free speech. The city manager or designee shall decide whether an application meets such test for late submittal, within two business days after receipt of the complete application.

B. Compliance Still Required. The fact that an activity is protected by the First Amendment does not absolve the organizers of that activity from complying with all other requirements of this code that are not inconsistent with this section, including the requirements set forth in Section 12.34.030.

C. Appeals.

1. The applicant shall have the right to appeal one or more permit conditions or the denial of a permit. The applicant shall also have the right to appeal the amount of fees.

2. A notice of appeal stating the grounds for the appeal shall be filed with the city clerk within five days after mailing or personal delivery of a notice of denial or notice of permit condition(s).

3. If an applicant files an appeal, the applicant has the choice of whether to appeal to the city manager (or his or her designee), or to the city council directly. a. If the city manager or his or her designee is to hear the appeal, the city manager or his or her designee shall hold a hearing no later than two business days after the filing of the appeal, and will render a decision no later than one business day after hearing the appeal. b. If the applicant opted to appeal directly to the city council, or the applicant appeals the city manager's decision issued pursuant to subsection an immediately above, the appeal procedures in subsection D of Section 17.34.30 shall apply. (Ord. No. 1332, § 1, 11-27-12)
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373079.1
TO: Mayor Parkhurst and Members of the City Council
FROM: Laura Aguilar
REVIEWED BY: Miguel Hernandez, Acting City Manager
DATE: July 8, 2025
SUBJECT: CONSIDERATION OF A STUDENT COMMISSIONER PROGRAM

STAFF RECOMMENDATION
It is recommended that the City Council provide staff with direction.

EXECUTIVE SUMMARY
At the Council’s December 10, 2024 meeting, staff was directed to return to a future meeting with an overview of the City’s policy for appointing youth commissioners. Staff returned on April 28, 2024 with a historical overview for youth commissioners, prior to 2020; and was directed to return to a future meeting with recommendations for establishing a student commissioner program. Council directed staff to consider programs currently in place in the City of Glendale and other neighboring cities.

BACKGROUND
In June 2020, the City Council expressed concerns with prolonged vacancies on commissions, as well as the difficulty in soliciting the required number of applications to fill those vacancies.

At a subsequent meeting, staff introduced Ordinance 1429 to re-organize all the commissions and boards to better serve the needs of the community. Ordinance 1429 amended Title 2 of the Sierra Madre Municipal Code regarding the number of commission members, their term lengths, and limits. It also removed references to inactive commissions, and enacted consistent member requirements. The Ordinance sought to bring uniformity to the commissions, modeling the City Council’s four-year term and five-seat structure. Any commissions that had more than five commissioners remained as such until the seats were vacated through attrition. At the time, the Community Services Commission was the only commission with a youth seat.

City of Sierra Madre

AGENDA REPORT
Robert Parkhurst, Mayor
Kristine Lowe, Mayor Pro Tem
Edward Garcia, Council Member
Gene Goss, Council Member
Kelly Kriebs, Council Member
Sue Spears, City Treasurer
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The Community Services Commission, prior to 2020, was a seven-member commission with one seat identified for a youth commissioner. Youth commissioner requirements were:
 Minor Resident
 Age 13-17
 Full-voting member
 Term ending June 30 following the date of appointment. (one year) Council’s adoption of Ordinance 1429 eliminated the sixth and seventh (youth) respective seats once their term expired on June 30, 2020.

ANALYSIS
Staff reached out to various local agencies to inquire about any Student Commissioners or Youth Commissioners.

Arcadia: Eliminated their Youth Commissioner program but may consider a modified program at a future date.

Monrovia: Non-voting Youth Commissioners serve the community through volunteerism and by advising the Community Services Commission on youth programming. Must be a resident or attend school in the Monrovia Unified School District. Grades 6 – 12; and must attend Youth Commission meetings and activities, contributing a minimum of five (5) hours per month. Over the course of the school year, Youth Commissioners must volunteer a minimum of 40 hours at Monrovia events, including eight mandatory events.

Glendale: Youth Ex Officio Student Commissioners are active, non-voting members. It is an opportunity for students to share their experience and expertise. Two Student Commissioners may serve on 10 of Glendale’s 18 commissions for a one-year term. Student Commissioners are qualified up to the age of 24.

South Pasadena: A Youth Services Member is appointed by the School District. In addition, the mayor may appoint one non-voting youth member to any board or commission of the city, at his or her discretion. To be eligible for appointment to any board or commission as a nonvoting youth member, a citizen must be and must maintain his or her status as a resident of the city and be between the ages of 14 and 18 years old. No youth member shall serve on more than one board or commission at the same time. The term of office for a non-voting youth member of any board or commission shall be for one school year, commencing on September 2nd and ending on June 30th. Notwithstanding, an appointment of a youth member to a board or commission may be for a partial term. Youth nonvoting members are limited to two one-year terms in any one board or commission. A board member or commissioner’s seat will be deemed vacant whenever such board member or commissioner, without excuse, misses three consecutive meetings or misses one-third or more of all regular meetings within any six-month period. To obtain an excused absence, commissioners must notify commission staff, who will then inform the city clerk’s office. Attendance of less than fifty percent of any meeting will be counted as an absence.

YMCA: Youth & Government (Y&G) Program provides experiential learning opportunities for high school students. By modeling California’s legislature and courts, participants can build skills such as critical thinking, persuasive speech and writing, project management, and 279687.v2
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collaboration. This program runs each year from August to March.

The Sierra Madre/Pasadena YMCA has expressed an interest in partnering with the City on a limited basis through their Youth & Government Program, but will only commit to the period when their program is running (August – March).

If the Council would like to move forward with a program designed to integrate youth students with the existing commission/board platform, staff recommends a program that would provide students with an opportunity to observe and provide comment to commissions; as well as volunteer their service to the community of Sierra Madre. Student Commissioners would serve one-year terms, without term limits, and must reside in Sierra Madre or attend school in Sierra Madre. Student Commissioners would be unpaid, non-voting members, and appointed by the commission/board in which they would like to serve. It is recommended that no more than two Student Commissioners be appointed to serve on any one commission/board, at a given time.

The Council would determine which ages would make a student eligible. However, staff recommends Council consider opening up the opportunity to students between the ages of 13 and 21. Additionally, staff recommends that the City Council consider attendance records, as this has been a concern in the past. Most commissions (Planning Commission excepted) only meet monthly, and may cancel 1-2 meetings per year for various reasons. The recommendation from staff is that the City Council consider no more than 25% excused absences, per 12-months, as the standard for attendance.

ENVIRONMENTAL(CEQA)
NA

STRATEGIC PLAN CORRELATION
The consideration of student commissioners furthers Strategy CE 4.2.3 (Foster Collaboration Between Residents and Businesses) of Goal 4 (Community Enrichment)

FISCAL IMPACT
There is no fiscal impact to the discussion or formation of a Student Commissioner program.

However, staff time was incurred in preparing this staff report.

PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process. Copies of this report can be accessed on the City’s website at www.cityofsierramadre.com.

ATTACHMENTS:

Agenda Report from July 28, 2020

Sierra Madre City CouncilJuly 8, 2025

Sierra Madre City Council
July 8, 2025