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 City of Hermosa Beach -- 11-28-00ADOPTION OF NEW NOISE AND ALCOHOL ORDINANCES
RECOMMENDATION Staff recommends that Council:
BACKGROUND There has been over the past few years continuing difficulty in dealing with large noisy parties with or without live music. Based on existing laws, the ability to effectively deal with these problems has been difficult for the police department. Recent case decisions have modified and limited the authority of some of the current laws. During the last 4 th of July celebration, officers were confronted with huge parties with hundreds of people and live bands. A review of existing laws and ordinances was needed to develop more effective strategies in dealing with noise issues. The City Attorney, City Prosecutor and staff have reviewed applicable city ordinances dealing with noise and alcohol use. Noise ordinances adopted in other cities were also reviewed. A new comprehensive noise ordinance has been developed by the City Attorney. Among other things, this new ordinance deals specifically with the regulation of noise making it unlawful to generate any unnecessary and unreasonable noise upon public or private property. This new ordinance specifically covers different types of noises/nuisances such as use of radios and stereos, stereo speakers, live bands, motor vehicles and loud parties and gatherings. The violation of the new noise ordinance is an infraction and officers have the ability to issue citations for these types of activities whether or not a private citizen has issued a complaint. The existing ordinances regarding alcohol use on the beach, in public and on the Strand have been reviewed. This new ordinance makes unlawful not only the consumption but also the possession of an open container of alcohol on the beach, Strand and in public. These violations are also classified as infractions. A first offense for an infraction is $100 plus court costs or approximately $271.00. Fines and bail schedules for infractions are regulated by the Government Code. This ordinance has incorporated many of the ideas that were brought forward in previous public meetings and provides a number of new tools to allow the police department to deal more effectively with a myriad of common disturbances. For example, the police department can now:
The enforcement efforts of these new ordinances will be done in an incremental approach with the goal of obtaining voluntary cooperation and compliance in as many situations as possible. Efforts to advertise these new laws can also be accomplished especially in close proximity to specific holidays such as the St. Patrick’s Day, 4 th of July, spring and summer breaks. In addition active enforcement of these new ordinances will begin months before these traditional holidays occur with the hopes of modifying the behaviors of many involved citizens. Fire Chief Tingly has also developed some pro-active strategies to educate the public in regards to the laws on fireworks. A discussion of those ideas and strategies are also attached to this agenda item. While it had been suggested that this ordinance deal with the issuance of party permits, staff recommends that the ordinances outlined in this measure will adequately deal with the disturbance calls commonly dealt with by the police department. After lengthy discussions, staff felt that the permit process posed certain logistical problems with not only issuing the permit but the enforcement thereof. Many citizens have the impression that a permit grants a license to break the law or provide exceptions to their activity. The permit also provides the appearance that once issued, the City has sanctioned the event. Staff recommends that in its incremental approach to enforcement that the provisions of this new ordinance be allowed to move forward. If necessary, the permit issue can be revisited if this ordinance does not achieve the desired objectives of reducing noises and disturbances.
ORDINANCE NO.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 1.12, General Penalty, of Title 1, General Provisions, of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 1.12.015 to read as follows: " 1.12.015 Reclassification of offenses. A violation of any provision of this Code classified as a misdemeanor may be charged as an infraction where:
SECTION 2 . Section 6.04.100 of Chapter 6.04, Animals Generally, of Title 6, Animals, is hereby amended by deleting subsection B therefrom, re-lettering subsection C as subsection B, and amending it to read as follows:
SECTION 3 . Chapter 24, Noise Control, of Title 8, Health and Safety, of the Hermosa Beach Municipal Code is amended in its entirety to read as follows:
Sections: 8.24.010 Declaration of Policy. 8.24.020 Definitions. 8.24.030 Prohibited Noises - General Standard. 8.24.040 Specific Prohibited Noises 8.24.050 Construction. 8.24.060 Use of Sound Amplification Equipment on Public Property. 8.24.070 Loud Parties or Gatherings. 8.24.080 Barking Dogs and Other Animal Noises. 8.24.090 Exemptions. 8.24.100 Violation–Penalty. 8.24.110 Enforcement. 8.24.120 Additional Remedies.
8.24.010 Declaration of Policy. It is hereby declared to be the policy of the City of Hermosa Beach to prohibit and control unnecessary, excessive and annoying noise and vibration in the city in order to preserve tranquility and protect the use and enjoyment of residential and commercial property. 8.24.020 Definitions. The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows: 1. City Manager shall mean the City Manager of the City of Hermosa Beach or the City Manager’s designee. 2. Commercial purpose means and includes the operation of a business for profit involving the sale or advertising of goods or services. 3. Construction shall mean any site preparation, assembly, erection, substantial repair, alteration or similar action on public or private property. 4. Emergency machinery, vehicle or alarm shall mean any machinery, vehicle or alarm used, employed, performed or operated in response to an emergency, including but not limited to work by private or public utilities when restoring utility service. 5. Emergency work shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, including but not limited to work by private or public utilities when restoring utility services. 6. Motor vehicles shall include any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under this code, all off-highway type motor vehicles subject to identification under said Code and mini-bikes, motorized scooters and go-carts. 7. Noncommercial purpose means the use, operation or maintenance of any sound equipment for other than a commercial purpose. Noncommercial purpose shall mean and include personal, philanthropic, political and charitable purposes. 8. Person means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. 9. Police Chief means the police chief of the City of Hermosa Beach or his or her designee. 10. 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 standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment as used in this chapter shall not include warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicles used only for traffic safety purposes. 11. Sound truck means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. 12. Weekday shall mean any day, Monday through Friday, which is not a legal holiday. 8.24.030 Prohibited Noises - General Standard. No person shall make, or cause to suffer, or permit to be made upon any public property, public right-of-way or private property, any unnecessary and unreasonable noises, sounds or vibrations which are physically annoying to reasonable persons of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons within the neighborhood from which said noises emanate or which interfere with the peace and comfort of residents or their guests, or the operators or customers in places of business in the vicinity, or which may detrimentally or adversely affect such residences or places of business. 8.24.040 Specific Prohibited Noises. Notwithstanding any other provisions of this chapter, the following acts and the causing or permitting thereof, are declared and deemed to be in violation of this chapter: A. Radios, stereos, etc. The using, operating or permitting to be played, used or operated between the hours of 10:00 p.m. and 8:00 a.m. of any radio, musical instrument, stereo, television set, or instrument or device similar to those heretofore specifically mentioned for the production or reproduction of sound in volume sufficiently loud as to be plainly audible at the property line of the property from which the sound is emanating. B. Placement of stereo speakers. The placement on private property of speakers for the amplification of music or any other sound either (1) outdoors, or (2) in one or more windows or doorways, when such speakers are directed towards an immediately adjacent public right-of-way. C. Band or orchestral rehearsals. The conducting of or carrying on, or allowing the conducting or carrying on of band or orchestral concerts or rehearsals or practices between the hours of 10:00 p.m. and 8:00 a.m. sufficiently loud as to be plainly audible at the property line of the property from which the sound is emanating. D. Engines, motors and mechanical devices near residential district. The sustained, continuous or repeated operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance orfacility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at the property line of the property from which the sound is emanating. E. Motor vehicles. Racing the engine of any motor vehicle or needlessly bringing a motor vehicle to a sudden start or stop. F. Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to cause noise disturbance, except for solid waste collection by a franchised collector. G. Non-emergency signaling devices. Sounding or permitting the sounding of any electronically amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place between the hours of 10:00 p.m. and 8:00 a.m., and in no event for more than ten (10) consecutive seconds in any hourly period outside those hours. H. Emergency signaling devices. 1. The intentional sounding, or permitting the sounding, outdoors, of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, provided, however that testing of an emergency signaling device is permitted between the hours 10:00 a.m. and 8:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month. 2. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is terminated within fifteen (15) minutes of activation. 3. Sounding or permitting the sounding of any motor vehicle alarm unless such alarm is terminated within five (5) minutes of activation. 4. Sounding or permitting the sounding of any motor vehicle alarm more than three times of any duration in any twenty-four (24) hour period. I. Leaf blowers. The use or operation or allowing the use or operation of any portable machine powered with a combustion or gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. J. Commercial establishments adjacent to residential property. Notwithstanding any provision of this code to the contrary, continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible from the residential dwelling unit’s property line. 8.24.050 Construction. A. Permissible hours of construction . It is unlawful for any person within a residential zone, or within a radius of five hundred (500) feet therefrom, to operate equipment or perform any construction or repair work of any kind upon, or excavating for, any buildings, structures or projects for which a building permit is required pursuant to this municipal code, or to operate any pile driver, concrete pump, skip loader, jack hammer, backhoe, gasoline powered cement mixer, crane, .22 caliber nailing gun, steam or electric hoist, air compressor, power-driven drill or saw, excavator, riveting machine or other construction type device which makes a loud noise audible at the subject property boundary between the hours of 7 p.m. and 8 a.m., Monday through Friday; before 9 a.m. and after 5 p.m. on Saturday; and before 10 a.m. and after 2 p.m. on Sunday and on national holidays unless written permission, as set forth herein, has been duly obtained beforehand from the building official. These provisions shall not apply to emergency work as defined in Section 8.24.020. The hours of operation, with name and telephone number of the general contractor, shall be posted on the job site at all times. B. Posting of notice. Prior to performing any building construction activity as set forth in subsection (A) of this section and as a condition to maintaining a valid building permit, there shall be posted and at all times maintained at a prominent location adjacent to the public right-of-way next to the construction site a notice, to be provided by the city at the time of issuance of a building permit, in substantially the following form: Construction activity prohibited between the hours of 7 p.m. and 8 a.m., Monday through Friday; before 9 a.m. and after 5 p.m. on Saturday; and before 10 a.m. and after 2 p.m. on Sunday and on national holidays. [HBMC Sec. 8.24.050] Failure by the property owner and/or contractor to post and maintain this notice after receiving twenty-four (24) hours’ written or oral notice from the city or the violation of subsection (A) of this section shall constitute, severally, for each and every violation, an infraction, punishable as provided in this code, except that after the second violation such provision may, in the discretion of the city attorney or city prosecutor, be prosecuted as a misdemeanor pursuant to this code. C. Special circumstances. The building official may grant an exception to the provisions of this section in accordance with the procedures set forth below. Upon receipt of an application in writing therefor stating the reasons for the request and the facts upon which such reasons are based, the building official may grant such permission if he or she finds that: 1. The work proposed to be done is in the public interest; or 2. Unusual hardship, injustice or unreasonable delay would result from adherence to the hours and days specified above. Any person dissatisfied with the decision of the building official may forthwith appeal to the city council. Construction, repair or excavation which qualifies as emergency work and which must be accomplished during prohibited hours during such hours as the offices of the city are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain the building official approval, may be performed provided that the persons doing such construction, repair or excavation obtain a permit therefor within one day after the office of the building official is first opened subsequent to the making of such construction, repair or excavation. D. Utilities exemption. The provisions of this section do not apply to construction, repair or excavation by a public utility which is subject to the jurisdiction of the public utilities commission and where such work is necessary for the immediate preservation of the public health, safety, or welfare and where such necessity makes it necessary to construct, repair or excavate during the prohibited hours. E. City exemption. The provisions of this section do not apply to public works which are authorized by the City. 8.24.060 Use of Sound Amplification Equipment on Public Property. A. Application required. It is unlawful for any person, other than personnel of law enforcement and government agencies, to install, use or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk park, place or public property without first filing an application and obtaining a permit therefor as set forth in the following paragraphs. B. Filing application. Every user of sound amplifying equipment shall file an application with the Chief of Police at least ten (10) days prior to each date or each consecutive number of days on which the sound amplifying equipment is intended to be used. The application shall contain the following information: 1. The name, address and telephone number of both the owner and responsible party for the property where the sound amplifying equipment shall be used; 2. The address where the sound amplifying equipment will be used; 3. The date(s) and day(s) on which the sound amplifying equipment will be used; 4. The times when the sound amplifying equipment will be used; 5. The type of activity and the estimated number of persons who will attend; 6. A general description of the sound amplifying equipment which is to be used; Whether the sound amplifying equipment will be used for commercial or noncommercial purposes; 8. Other information deemed necessary by the Chief of Police or his designee to determine the levels, location and duration of the use of sound amplifying equipment. C. Approval of permit. The Chief of Police shall approve the application unless he or she finds that: 1. The conditions of motor vehicle or pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or 2. The issuance of the permit would be otherwise detrimental to the public health, safety or welfare; or 3. The issuance of the permit will substantially interfere with the peace and quiet of the neighborhood or the community; or 4. The applicant would violate the provisions of this code or of any other law. D. Conditions of approval. The Chief of Police may impose such conditions on the operation to be conducted under the permit as he or she may deem necessary or proper to ensure that the city’s noise regulations are followed and that the operation of the sound equipment will not invade the privacy of others. There shall be no conditions placed on any permittee as to the type of message or the content of the communication proposed to be amplified. E. Appeals. Any person aggrieved by disapproval of an application may appeal to the city council within ten (10) calendar days from the date of notification of decision. F. Permit fee. Prior to the issuance of the permit, a permit fee in an amount fixed by resolution of the City Council per day, or any portion thereof, shall be paid to the City. No fee shall be paid by any nonprofit organization. 8.24.070. Loud Parties or Gatherings. The following provisions apply to party or gathering of two (2) or more people on private property generating any noise that is plainly audible at the property line of the property from which the noise is emanating, or is determined by a law enforcement officer at the scene to constitute a violation of the California Penal Code or the Hermosa Beach Municipal Code, or is otherwise a threat to the public peace, health, safety, or welfare due to the magnitude of the crowd, the disturbance, unruly behavior or destruction of property generated by the party or gathering, or excessive traffic caused by the party or gathering. 1. The law enforcement officer at the scene shall take such actions and give such direction as is necessary to abate the violation or condition, and shall advise the responsible person orally and in writing that if additional law enforcement personnel or emergency service providers are called upon to respond on behalf of the city to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost to the city of providing such services. Such direction and advice shall be given to the person responsible for the party or gathering or to the owner or occupant of the property involved. If the condition is not voluntarily abated and if additional law enforcement personnel or emergency service providers are called upon to respond on behalf of the city in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the cost to the city of such additional services shall be reimbursed to the city as provided in subsection 2. of this section. 2. The person or persons responsible for a party or gathering described in subsection (1) of this section, or the owner or occupant of the property on which the party or gathering is held, or, if any such person is a minor, the parents or legal guardian of the minor shall be jointly and severally liable for the following costs incurred by the city: (i) The actual cost to the city of law enforcement services and emergency services, excluding the initial response provided by a law enforcement officer, in order to abate any of the conditions described in subsection 1. of this section; (ii) Damage to public property resulting from such law enforcement or emergency response; and (iii) Injuries to any law enforcement or emergency service personnel involved in such law enforcement or emergency response. 3. The City Manager or his or her designee shall calculate all such costs. The person or persons specified above in subsection 2. of this section shall be billed by the City Manager or his or her designee for the total cost, and payment shall be due and payable within fifteen (15) days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law. 8.24.080 Barking Dogs and Other Animal Noises. A. Barking dogs and other noisy animals. It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any premises in the city, or to permit or allow to be running at large, any dog or other animal which repeatedly barks, howls, whines, crows, or makes loud or unusual noises in such a manner as to either disturb the peace and quiet or interfere with the comfortable enjoyment of life and property of any person or persons. The owner or other person in control or custody of the dog or other animal in violation of this Section may be cited by a law enforcement officer at the scene upon a determination of a violation of this subsection A. B. Evidence of a barking dog or other noisy animal. In making a determination whether a violation of subsection A has occurred, evidence of the following shall be considered: 1 The nature, volume and frequency of the barking or other noise; 2 The time or times of day when the noise is heard by the complaining parties; 3 The apparent reasons or provocations for the dog or other animal to emit the noise, if any; 4 The location or locations on the property where the dog or other animal is kept; 5 The manner in which the dog or other animal is kept; 6 The number of persons complaining about the barking or other noise; 7 Any other relevant evidence concerning the alleged barking dog or other noisy animal problem. C. Disposition of barking dog or other noisy animal. Enforcement of this Section may be initiated by issuance of a citation by a law enforcement officer or by way of complaint from any person alleging a violation of this Section. Prior to commencing a prosecution for violation of this Section, the City Prosecutor may refer the affected parties to dispute resolution and/or afford the owner of the dog or other animal a reasonable opportunity to take one or more of the following actions to abate the noise: 1 Train or retrain the dog or other animal to cease creating a violation; 2 Keep the dog or other animal indoors during specified hours, or other similar measures be taken, to eliminate the violation; or 3 Remove the dog or other animal from the city permanently, or for a specified periods of time after which time the animal may be returned as long as steps have been taken such that the violation will not recur. D. Recovery of law enforcement costs. The animal owner or custodian who has received one citation pursuant to this Section 8.24.080 after having been given a reasonable opportunity to abate the noise pursuant to subsection C above shall be liable for the following costs incurred by the city: 1. The actual cost to the city of law enforcement services responding to any subsequent calls complaining of a violation of this Section 8.24.080; 2. Injuries to any city personnel or law enforcement officers responding to any such calls. The Police Department shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement and advise the City Manager of such costs as well as any other costs of injuries to personnel resulting from the law enforcement response. The City Manager shall bill said costs to the animal owner or custodian. Payment shall be due and payable within thirty (30) days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law. E. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this Code or by law. 8.24.090 Exemptions. The following activities shall be exempt from the provisions of this chapter: A. Emergency exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. For the purposes of this section, "emergency" means a condition that constitutes an immediate threat to public safety, health or welfare or to property. B. Warning devices. Warning devices necessary for the protection of public safety, such as police, fire and ambulance sirens and train horns. C. Outdoor activities. Activities conducted on public playgrounds, fully licensed and approved child day care facilities within residential areas as permitted by law, and public or private school grounds, including but not limited to school athletic and school entertainment events. D. Outdoor gatherings, public dances, shows and sporting events. Provided the events are conducted pursuant to a permit issued by the City Manager. 8.24.100 Violation–Penalty. A violation of any of the provisions of this chapter shall be an infraction, punishable pursuant to the provisions of Section 1.12 of this Code. 8.24.110 Enforcement. Nothing in this chapter shall preclude the City Manager from seeking to obtain voluntary compliance by way of warning, notice or informational materials. 8.24.120 Additional Remedies. A. Motor vehicle alarms - deactivation. In addition to the remedies set forth in this chapter, the Police Department may undertake such procedures as are reasonably necessary to deactivate a motor vehicle alarm generating noise in violation of this chapter. If the Police Department is unable to deactivate the alarm, the law enforcement officer may cause the motor vehicle to be removed according to the procedure set forth in Section 22651.5 of the California Vehicle Code. B. Motor vehicle - removal. Any costs associated with the removal or storage of a motor vehicle pursuant to subsection (A) of this section and any costs incurred by the city in connection therewith shall be paid by the registered owner of the motor vehicle. Operation or maintenance of other machinery . The operation or maintenance of any device, instrument, equipment, vehicle or machinery in violation of any provisions of this chapter, and persistent animal noise in violation of this chapter 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.
SECTION 4 . Section 8.28.040 of Chapter 8.28, Nuisances, of Title 8, Health and Safety, of the Hermosa Beach Municipal Code is hereby repealed.
SECTION 5 . Section 9.04.010.F. of Chapter 9.04, Offenses Against Public Peace and Decency, of Title 9, Public Peace, Morals and Welfare is amended to read as follows: F. No person shall have in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, upon any street or walkstreet, sidewalk or parkway, park, playground, the beach, or in any other public place, or in any place open to the patronage of the public which is not licensed for the consumption of such alcoholic beverage. This subsection is enacted pursuant to the authority contained in California Business and Professions Code Section 25620(a), and shall not apply to individuals engaged in recycling. Any person violating any provision of this subsection shall be guilty of an infraction.
SECTION 6 . Section 12.20.040 of Chapter 12.20, Beach and Strand Regulations, of Title 12, Streets, Sidewalks and Public Places, is hereby amended to read as follows: 12.20.350 Obstructing free movement. No person shall stand, sit, lie or congregate on the Strand in such manner as to interfere with or impede the free flow of pedestrian or bicycle travel along the Strand.
SECTION 7 . This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.
SECTION 8 . The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader , a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach in the manner provided by law.
SECTION 9 . The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.
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