ITEM 6-D
City Council Meeting 7-28-92 Santa MOnica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Chapter 3A of Article IV of the
Santa Monica Municipal Code Relating to the Regulation
of Noise and Vibration
At its meeting on July 21, 1992, the City Council introduced
for the first reading an ordinance amending Chapter 3A of Article
IV of the Santa Monica Municipal Code relating to the regulation
of noise and vibration. The ordinance is now presented to the
City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 3A OF
ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE REGULATION OF NOISE AND VIBRATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 3A of Article IV of the Santa Monica
Municipal Code is amended to read as follows:
Chapter 3A. Noise.
SECTION 4301. Declaration of Policy. The
City Council finds and declares:
(a) In order to control unnecessary,
excessive, and annoying noise and vibration in the
City of Santa Monica, it is hereby declared to be
the policy of the City to prohibit such noise and
vibration generated from or by all sources as
specified in this Chapter.
(b) It is determined that certain noise
levels and vibration are detrimental to the public
health, welfare, and safety, and contrary to public
interest and, therefore, the City Council of the
City of Santa Monica does ordain and declare that
creating, maintaining, causing or allowing to be
created, caused, or maintained, any noise or
vibration in a manner prohibited by, or not in
conformity with, the provisions of this Chapter, is
a public offense and shall be punishable as such.
SECTION 4302. Definitions. The following
words and phrases as used in this Chapter shall have
the following meanings:
(a) Allowable Exterior Noise Equivalent
Level. The maximum noise level as measured in
decibels permitted in a Noise Zone.
(b) Ambient Noise Level. 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.
(c) A-Weighted Sound Level. The total sound
level in decibels of all sound as measured with a
sound level meter with a reference pressure of 20
micro-pascals using the A-weighted network (scale)
at a slow response. The unit of measurement shall
be defined as dBA.
(d) Community Noise Officer. The person
designated by the City Manager to administer the
provisions of this Chapter.
(e) Cumulative Period. An additive period
of time composed of individual time segments which
may be continuous or interrupted.
(f) Decibel (dB). A unit which 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.
(g) Emergency Machinery, Vehicle, Work, or
Alarm. Any machinery, vehicle, work, or alarm used,
employed, performed, or operated in an effort to
protect, provide, or restore safety conditions in
the community or for the citizenry, or work by
private or public utilities when restoring utility
service.
(h) Fixed Noise Source. A stationary device
which creates sounds while fixed or motionless,
including, but not limited to, residential,
agricultural, industrial, or commercial machinery,
equipment, pumps, fans, compressors, air
conditioners, construction, or refrigeration
equipment.
(i) Grading. Any excavating or filling of
earth material or any combination thereof conducted
at a site to prepare said site for construction or
other improvements thereon.
(j) Hertz (Hz). The unit which describes
the frequency of a function periodic in time which
is the reciprocal of the period.
(k) Health Care Institution. Any hospital,
convalescent home, or other similar facility,
excluding residential care facilities which provide
health care, medical treatment, room, board, or
other services for the ill, retarded, or
convalescent.
(l) Impulsive Noise. A noise of short
duration usually less than one second and of high
intensity, with an abrupt onset and rapid decay.
(m) Intruding Noise Level. The total sound
level, in decibels, created, caused, maintained, or
originating from an alleged offensive source at a
specified location while the alleged offensive
source is in operation.
(n) Major Roadway. Any street, avenue,
boulevard, freeway, or highway used for motor
vehicle traffic by the public.
(o) Mechanical Equipment. Equipment such as
pool pumps, spa pumps, air conditioners, and
accessory equipment such as generators, ducts, and
vents.
(p) Mobile Noise Source. Any noise source
other than a fixed noise source.
(q) Person. A person, firm, association,
co-partnership, joint venture, corporation, or any
entity, public or private in nature.
(r) Simple Tone Noise. A noise
characterized by a predominant frequency or
frequencies so that other frequencies cannot be
readily distinguished. If measured, 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: 5 dB
for frequencies of 500 Hz and above; by 8 dB for
frequencies between 160 and 400 Hz; and, by 15 dB
for frequencies less than or equal to 125 Hz.
(s) Sound Level Meter. An instrument
meeting American National Standard Institute's
Standard S1.4-1971 or most recent revision thereof
for Type 1 sound level meter or an instrument and
the associated recording and analyzing equipment
which will provide equivalent data.
(t) Sound Pressure Level. Twenty times the
logarithm to the base 10 of the ratio of the
pressure of the sound to a reference pressure shall
be explicitly stated.
(u) Vibration. Any movement of the earth,
ground, or other similar surface created by a
temporal and spacial oscillation of displacement,
velocity, or acceleration in any mechanical device
or equipment located upon, attached or affixed to,
or in conjunction with that surface.
SECTION 4303. Decibel Measurement Criteria.
Any decibel measurement made pursuant to the
provisions of this Chapter shall be based on a
reference sound pressure of 20 micro-pascals as
measured with a sound level meter using the
A-weighted network (scale) at slow response.
SECTION 4304. Designated Noise Zones. The
properties hereinafter described are hereby assigned
to the following noise zones:
Noise Zone I. All noise or vibration sources
located within any residential (such as "R" or "OP")
district created by Municipal Code Section 9103 or
any revisions thereto.
Noise Zone II. All noise or vibration sources
located within any commercial district (any "C"
district), including any neighborhood commercial
district, created by Municipal Code Section 9103 or
any revisions thereto.
Noise Zone III. All noise or vibration
sources located within any manufacturing or
industrial district (any "M" district) as created by
Municipal Code Section 9103 or any revisions
thereto.
SECTION 4305. Exterior Noise Standards.
(a) The following noise standards, unless
otherwise specifically indicated, shall apply to all
property with a designated noise zone during the
times indicated:
ALLOWABLE
EXTERIOR
NOISE
NOISE EQUIVALENT
ZONE TIME INTERVAL LEVEL
I Monday through Friday:
12 am to 7 am and
from 10 pm to 12 am 50 dBA
7 am to 10 pm 60 dBA
Saturday and Sunday:
12 am to 8 am and
from 10 pm to 12 am 50 dBA
8 am to 10 pm 60 dBA
II 12 am to 7 am and
from 10 pm to 12 am 60 dBA
7 am to 10 pm 65 dBA
III Anytime 70 dBA
(b) For each Noise Zone, the allowable
exterior equivalent noise level shall be reduced by
5 dBA for impulse or simple tone noises, or for
noises consisting of speech or music. If the
ambient noise level exceeds the allowable exterior
equivalent noise level standard, the ambient noise
level shall be the standard.
(c) Except as provided for in this Chapter,
it shall be unlawful for any person at any location
within the City to create any noise, or to allow the
creation of any noise on property owned, leased,
occupied, or otherwise controlled by such person,
which causes the noise level to exceed:
(1) The noise standard for the
applicable Noise Zone for a cumulative period of
more than 15 minutes in any twenty-four hour period;
or
(2) A maximum instantaneous noise level
equal to the value of the noise standard plus 20 dBA
at any time and for any period of time.
SECTION 4306. Exemptions. The following
activities, unless otherwise specifically indicated,
shall be exempted from the provisions of this
Chapter:
(a) Activities conducted on public parks,
public playgrounds, and public or private school
grounds including, but not limited to, school
athletic and school entertainment events.
(b) Outdoor gatherings, public dances, shows,
and sporting and entertainment events, provided said
events are conducted pursuant to a permit or license
issued by the appropriate jurisdiction relative to
the staging of said events.
(c) Any alarm or emergency device, apparatus,
or equipment regulated by Municipal Code Sections
3960 through 3970.
(d) Noise sources associated with the
installation, repair, or replacement of utilities or
public services between the hours of 7:00 a.m. and
8:00 p.m., Monday through Friday, and between 9:00
a.m. and 8:00 p.m. on Saturday.
(e) Emergency work required to be performed
to protect persons or property following public
calamity or from imminent exposure to danger or
hazards, including the restoration of utilities or
other public services following a storm, earthquake,
accident, or other like occurrence.
(f) Any activity regulated by Santa Monica
Municipal Code Section 10050 et seq. (Aircraft Noise
Abatement Code).
(g) Noise sources associated with activities
conducted by the City of Santa Monica, its agents,
and employees.
(h) Any activity to the extent regulation
thereof has been preempted by State or Federal law.
SECTION 4307. Schools, Places of Worship,
Libraries, Health Care Institutions - Special
Provisions. It shall be unlawful for any person to
create any noise for any length of time which causes
the noise level when measured on the property of any
school, hospital, or similar health care
institution, place of worship, or library while in
use, to exceed the prescribed noise standards
specified in Section 4305 for the Noise Zone in
which the school, hospital, place of worship, or
library is located.
SECTION 4308. Location of Noise Level
Measurement. The Community Noise Officer shall have
the sole discretion to select the location for
measuring exterior noise levels consistent with
standards established by American National Standard
Specifications for Sound Meters.
SECTION 4309. Vibration. Notwithstanding
other Sections of this Chapter, it shall be unlawful
for any person to create, maintain, or cause any
ground vibration which is perceptible without
instruments at any point on any affected property
adjoining the property on which the vibration source
is located. For the purpose of this Chapter, the
perception threshold shall be presumed to be more
than 0.05 inches per second RMS velocity.
SECTION 4310. Variance Procedure.
(a) The owner or operator of a noise or
vibration source may file an application with the
Community Noise Officer for a variance from the
provisions of this Chapter. The owner or operator
shall set forth all information which demonstrates
that compliance with this Chapter would create an
unreasonable hardship on the applicant and shall
indicate all actions taken to comply with the
provisions of this Chapter, the reasons why
compliance cannot be achieved, a proposed method of
achieving compliance or of substantially reducing
the noise or vibration, and a proposed time schedule
for its accomplishment. The application shall be
accompanied by a fee in the amount of $75.00. This
fee may be revised from time to time by resolution
of the City Council. A separate application shall
be filed for each noise source or activity;
provided, however, that several mobile sources under
common ownership, or several fixed sources on a
single property may be combined into one
application.
(b) The Community Noise Officer shall hold a
public hearing on the application for a variance
within 45 days of its receipt by the Community Noise
Officer. No later than seven days prior to the
hearing, the Community Noise Officer or his or her
designate shall give notice of the time, place, and
purpose of such hearing by causing legal notice to
be published at least once in a newspaper of general
circulation and by giving written notice of such
hearing to every known property owner, tenant, and
lessee within 300 feet of the exterior boundaries of
the property on which the noise source or activity
is located. The applicant for a variance shall be
responsible for supplying, at his or her expense,
the Community Noise Officer with a verified list of
all persons and entities to be notified of the
hearing. With respect to each property, the
individual owner(s) shall be determined through
inspection of the records of the Los Angeles County
Assessor. Tenants or lessees to be notified shall
be determined through a site census of the affected
area. The Community Noise Officer shall have the
authority to promulgate rules and regulations for
the conduct of such public hearings including, but
not limited to, the taking of evidence and the
hearing of testimony. The owner of an offending
noise or vibration source shall remain subject to
prosecution under the terms of this Chapter for any
violation occupying prior to the granting of a
variance.
(c) An application for an extension of a
variance previously granted shall be subject to this
Chapter to the same extent as an initial application
for a variance.
(d) The Community Noise Officer shall
evaluate all applications for variances and may
grant variances or extensions subject to such terms,
conditions, and requirements as the officer may deem
reasonable to achieve compliance with the provisions
of this Chapter. Each decision on a request for a
variance or extension shall set forth in writing the
approved method of achieving compliance with this
Chapter and a time schedule, not to exceed one year
from the date of the decision, for achieving full
compliance with this Chapter. No variance or
extension shall be granted unless each of the
following findings are made:
(1) That strict application of this
Ordinance would result in unreasonable hardships
inconsistent with the general purpose and intent of
this Chapter.
(2) That there are exceptional
circumstances or conditions applicable to the
property or activity involved that are unique to it
and that do not apply generally to other property in
the same Noise Zone.
(3) That the granting of a variance
would not be materially detrimental to the persons
and property within the affected Noise Zones and to
public welfare.
(e) Any violation of the terms of said
variance shall be unlawful.
(f) A variance may be revoked if the
Community Noise Officer makes any one or more of the
following findings:
(1) That the variance was obtained by
misrepresentation or fraud.
(2) That one or more of the conditions
of the variance have not been complied with.
(3) That the variance was issued in
contravention of state or federal law or any
ordinance of the City.
(g) Any person aggrieved by a decision of the
Community Noise Officer may appeal to the City's
Hearing Examiner pursuant to the time limits and
procedures of Section 6072 of the Santa Monica
Municipal Code. The decision of the Hearing
Examiner shall be final except for judicial review
and shall not be appealable to the City Council.
(h) All persons who appeal any decision or
order of the Community Noise Officer to the Hearing
Examiner shall pay a fee of $200.00 at the time the
appeal is filed. This fee may be revised from time
to time by resolution of the City Council.
SECTION 4311. Noisy Animals. No person shall
permit or allow any animal under his or her
ownership, custody or control to bark, yell or cry
for more than five (5) minutes in any one (1) hour
period.
SECTION 4312. Restrictions in Public Parks or
Recreational Facilities.
(a) No person shall play any drum or other
percussion type instrument or device in or upon any
public park or recreational facility maintained by
the City of Santa Monica.
(b) No person shall play any audio or
electronic device including, but not limited to, any
radio, tape player, compact disc, musical
instrument, or electronic key board after 10:00 p.m.
or before 8:00 a.m. in or upon any public park,
beach, or recreational facility owned or maintained
by the City of Santa Monica.
(c) This Section shall not prohibit the
playing of any drum, other percussion type
instrument, or any audio or electronic device in any
band or orchestra or other musical group which has
been granted permission to play or perform in or
upon a public park or other public facility by the
City.
SECTION 4313. Restrictions on Demolition of
Buildings, Excavating, or Grading.
(a) No person shall engage in any demolition
activity during the following times anywhere in the
City:
(1) Before 8:00 a.m. or after 6:00 p.m.
on Monday through Friday, except that demolition
activities conducted by the employees of the City of
Santa Monica or public utilities shall not occur
before 7:00 a.m. or after 6:00 p.m. on Monday
through Friday.
(2) Before 9:00 a.m. or after 5:00 p.m.
on Saturday.
(3) All day on Sunday.
(4) All day on New Years Day, Memorial
Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day, as those days
have been established by the United States of
America.
(b) The noise level created by demolition
activity shall not exceed the allowable exterior
noise equivalent level specified in Section 4305 of
this Chapter, as applicable for the Noise Zone where
the activity occurs, plus 10 dBA.
(c) A permit may be issued authorizing
demolition activity during the times prohibited by
this Section whenever it is found to be in the
public interest. The person obtaining the permit
shall provide notification to persons occupying
property within a perimeter of five hundred (500)
feet of the site of the proposed demolition activity
prior to commencing work pursuant to the permit.
The form of the notification shall be approved by
the City and contain procedures for the submission
of comments prior to the approval of the permit.
Applications for such permit shall be in writing,
shall be accompanied by an application fee in the
amount of Twenty-Five ($25.00), and shall set forth
in detail facts showing that the public interest
will be served by the issuance of such permit.
Applications shall be made to the Building Officer;
provided, however, with respect to work upon or
involving the use of a public street, alley,
building, or other public place under the
jurisdiction of the General Services Department,
applications shall be made to the Director of
General Services. No permit shall be issued unless
the application is first approved by the Director of
General Services, the Building Officer, the Chief of
Police, and the City Manager. The fees provided for
in this Section may be revised from time to time by
resolution of the City Council.
(d) For purposes of this Section, "demolition
activity" includes:
(1) Operating or causing to be operated
any tool, machine, or other thing designed or used
for the demolition of any building or structure or
for the excavating or grading of any property or
part thereof.
(2) Permitting the operation of any
tool, machine, or other thing designed or used for
the demolition of any building or structure or for
the excavating or grading of any property or part
thereof upon any property owned, occupied, or
controlled by the person permitting such demolition
activity.
(3) The coming and going of any
vehicles bringing demolition equipment, materials,
or supplies to the site of the demolition activity
or the staging of such vehicles on any public
streets.
(4) The coming and going of any food
services vehicles providing food services to persons
working at a site of demolition activity.
SECTION 4314. Restrictions on Construction,
Maintenance, or Repair of Buildings.
(a) No person shall engage in any
construction activity during the following times
anywhere in the City:
(1) Before 8:00 a.m. or after 6:00 p.m.
on Monday through Friday, except that construction
activities conducted by employees of the City of
Santa Monica or public utilities shall not occur
before 7:00 a.m. or after 6:00 p.m. on Monday
through Friday.
(2) Before 9:00 a.m. or after 5:00 p.m.
on Saturday.
(3) All day on Sunday.
(4) All day on New Years Day, Memorial
Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day, as those days
have been established by the United States of
America.
(b) The noise level created by such
activities shall not exceed the allowable exterior
noise equivalent level specified in Section 4305(a)
of this Chapter, as applicable for the Noise Zone
where the activity occurs, plus 10 dBA, except as
set forth in Section 4314(c).
(c) Prior to the issuance of a building
permit, all development projects located within 500
feet of any residential development or other noise
sensitive land uses must submit a list of equipment
and activities required during construction. In
particular, this list shall include the following:
(1) Construction equipment to be used,
such as pile drivers, jack hammers, pavement
breakers, or similar equipment.
(2) Construction activities such as 24
hour pumping, excavation, or demolition.
If it is determined that construction noise will
exceed 90 dBA at a distance of 50 feet or greater,
the use of the equipment which produces such noise
will be limited to between the hours of 10:00 a.m.
and 3:00 p.m.
(d) A permit may be issued authorizing
construction activity during the times prohibited by
this Section whenever it is found to be in the
public interest. The person obtaining the permit
shall provide notification to persons occupying
property within a perimeter of five hundred (500
feet of the site of the proposed construction
activity prior to commencing work pursuant to the
permit. The form of the notification shall be
approved by the City and contain procedures for the
submission of comments prior to the approval of the
permit. Applications for such permit shall be in
writing, shall be accompanied by an application fee
in the amount of Twenty-Five Dollars ($25.00), and
shall set forth in detail facts showing that the
public interest will be served by the issuance of
such permit. Applications shall be made to the
Building Officer; provided, however, with respect to
work upon or involving the use of a public street,
alley, building, or other public place under the
jurisdiction of the General Services Department,
applications shall be made to the Director of
General Services. No permit shall be issued unless
the application is first approved by the Director of
General Services, the Building Officer, the Chief of
Police, and the City Manager. The fees provided for
in this Section may be revised from time to time by
resolution of the City Council.
(e) No permit is required to perform
emergency work necessary to restore property to a
safe condition following a public calamity or work
required to protect persons or property from an
imminent exposure to danger or hazards.
(f) For purposes of this Section,
"construction activity" includes:
(1) the operation of any tool, machine,
or equipment including, but not limited to, vehicles
and helicopters being used by contractors or
subcontractors and their employees to carry out any
work for which a building permit is required.
(2) Performing any construction,
maintenance, or repair work on buildings or
structures.
(3) Any painting using motorized
equipment or any painting that is part of the
construction activity for which a building permit
has been issued.
(4) The coming and going of any
vehicles bringing construction equipment, materials,
or supplies to the site of the construction activity
or the staging of such vehicles on any public
streets.
(5) The coming and going of any food
services vehicles providing food services to persons
working at a site of construction activity.
SECTION 4315. Location, Screening, and Noise
Measurements of Mechanical Equipment. In addition
to satisfying the requirements of Section 9040.39 of
the Municipal Code, all development project
applications must contain the following information:
(a) A list of all permanent mechanical
equipment to be placed outdoors and all permanent
mechanical equipment to be placed indoors which may
be heard outdoors.
(b) Mechanical equipment shall not be located
on the side of any building which is adjacent to a
residential building on the adjoining lot. Roof
locations may be used when the mechanical equipment
is installed within a sound rated, parapet
enclosure.
(c) Final approval of any mechanical
equipment installation will require a noise test in
compliance with Section 4304 of this Ordinance.
Equipment for the test shall be provided by the
owner or contractor and the test shall be conducted
by the owner or contractor. A copy of noise test
results on mechanical equipment shall be submitted
to the Community Noise Officer for review to ensure
that noise levels do not exceed maximum allowable
levels for the applicable noise zone.
SECTION 4316. Nightclubs, Bars and
Establishments with Amplified Music.
(a) All entrances and exits, except exits
which are solely emergency exits, to all nightclubs,
bars and establishments with amplified music shall
be located only on commercial streets, except that
exits can be located on alleys which abut commercial
or manufacturing zones.
(b) Entrances and exits, except exits which
are solely emergency exits, shall be designed as
two-door vestibules, so that only one (1) set of
doors is open at a time. Doors shall be of solid
core design. Windows shall be constructed with
double-paned glass. However, if sound through doors
and windows is not sufficiently reduced to comply
with Section 4305 of this Chapter, then sound rated
door and window assemblies complying with ASTM
E-90-87 shall be installed. Plans of the proposed
installation shall be submitted to the Building and
Safety Division for approval prior to construction.
Final approval of the installation will require the
passing of a noise level test and an inspection by
the Building and Safety Division and the Fire
Department.
(c) This Section shall apply to all
nightclubs, bars and establishments with amplified
music whose application for this type of use was
filed with the City's Planning Division on or after
September 1, 1992, or if no application is
necessary, to night clubs, bars and establishments
with amplified music constructed or substantially
remodeled after September 1, 1992.
(d) This Section shall not apply to any
establishment on the Santa Monica Pier.
SECTION 4317. Criminal Remedies. Any person
violating any of the provisions of this Chapter
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not
to exceed $500 or be imprisoned in the City Jail for
a period not to exceed 6 months or by both such fine
and imprisonment. Each day such violation is
committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
SECTION 4318. Additional Remedies.
(a) The violation of any provision of this
Chapter shall be deemed a public nuisance and may be
subject to abatement by the City Attorney or any
aggrieved person in any manner permitted by law
including, but not limited to, suit in a court of
competent jurisdiction. No provision of this
Chapter shall be construed to impair or diminish any
common law or other statutory cause of action or
legal or equitable remedy available to the City or
to any person for injury or damage arising from
violation of this Chapter or from other law.
(b) The violation of this Chapter may be
grounds to suspend or to revoke any license or
permit issued by the City including, but not limited
to, the right or privilege to conduct any business
pursuant to Article VI of this Code as set forth as
follows:
(1) The Zoning Administrator may
suspend a business license for up to thirty (30)
days or, as provided in Section 4318(b)(2), may
revoke a business license issued pursuant to Article
VI of the Code, if the holder of the business
license has violated the provisions of this Chapter
or the terms and conditions of any permit or
approval issued pursuant to this Chapter.
(2) Upon a third violation of this
Chapter, or the terms and conditions of any permit
or approval within a three (3) year period from the
date of the first violation, the Zoning
Administrator may notify the person of the
revocation of the person's business license.
(c) Any notice of revocation or suspension
issued pursuant to this Section shall be final if no
appeal is timely filed pursuant to Section 6072 of
this Code.
(d) In addition to other remedies, the
Community Noise Officer shall have the authority to
issue orders imposing civil and administrative
remedies for violations of this Chapter. These
remedies can include, but are not limited to, civil
penalties of up to $100.00 for an initial violation
of this Chapter, and penalties up to $500.00 for
each subsequent violation of this Chapter. A person
who fails to pay a civil penalty within thirty (30)
days after the issuance of an order to do so shall
pay a separate charge of ten percent (10%) of the
amount of the civil penalty.
(e) Any person assessed a penalty or who has
had his or her business license revoked pursuant to
this Section shall be entitled to appeal the
decision in accordance with the terms of Section
4310(g) of this Chapter. With respect to any such
appeal the decision of the Hearing Officer shall be
final except for judicial review and shall not be
appealable to the City Council.
SECTION 4319. Interference with Enforcement.
No person shall interfere with, oppose, or resist
the taking of any noise measurement authorized by
this Chapter.
SECTION 4320. Noise Reduction in Project
Siting and Design. New development may only be
permitted if noise mitigation measures are taken in
project siting and design such that noise levels
meet the standards contained in the Interior and
Exterior Noise Standards Matrix as contained in the
Noise Element of the General Plan.
SECTION 4321. Posting of Construction Signs.
(a) There shall be displayed at every site
covered by this Chapter where work activities
requiring a City permit and costing in excess of
$10,000 are being conducted, a sign in English and
Spanish reading substantially as follows:
"Attention All Employees and Subcontractors, Santa
Monica construction/demolition work times are:
Monday through Friday, 8:00 a.m. until 6:00 p.m.;
Saturday, 9:00 a.m. until 5:00 p.m.; Sundays and
holidays, not work permitted." In addition, the
sign shall indicate the City telephone numbers where
violations of this Section can be reported, the
location of the job site, and the permit number
issued authorizing the work.
(b) Signs required by this Section shall be
continually placed prominently at all entrances to
the work site so that they are clearly visible to
the public and to all employees, contractors,
subcontractors, and all other persons performing
work at the site, so long as activity covered by
this Section is occurring.
(c) Each sign required to be displayed
pursuant to this Section shall be obtained from the
Building and Safety Division. The Building and
Safety Division shall charge for each sign a fee
equal to the City's cost of printing the sign.
(d) Each Department or agency of the City
that is required to inspect the work site is
directed only to inspect sites which comply with
this Section.
(e) This Section shall apply to construction
pursuant to any building permit issued after the
effective date of this Ordinance.
SECTION 4322. Restrictions on Gardening or
Landscaping Activities.
(a) No person shall engage in any gardening
or landscaping activity by use of any internal
combustion, motorized or electro-mechanical means
during the following times anywhere in the City:
(1) Before 8:00 a.m. or after 8:00 p.m.
on Monday through Friday, except that gardening or
landscaping activities conducted by employees of the
City of Santa Monica or public utilities shall not
occur before 7:00 a.m. or after 8:00 p.m. on Monday
through Friday.
(2) Before 9:00 a.m. or after 8:00 p.m.
on Saturday and Sunday, or on New Years Day,
Memorial Day, Independence Day, Labor Day, Veterans
Day, Thanksgiving Day, and Christmas Day, as those
days have been established by the United States of
America.
(b) A permit may be issued authorizing
gardening or landscaping activity during the times
prohibited by this Section whenever it is found to
be in the public interest. Applications for such
permits shall be in writing, accompanied by any
applicable fee as the City Council may by resolution
establish, and shall set forth in detail facts
showing that the public interest will be served by
the issuance of the permit. Applications shall be
made to the Zoning Administrator, whose decision
shall be final and not appealable to the City
Council.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance. Except as expressly
provided for herein, the provisions of this Chapter shall not
repeal Santa Monica Municipal Code Sections 3970 (Motor Vehicle
Alarms), 31010 (Police Permits), 4400 et seq. (Private Dancing
Parties), and 10050 et seq. (Aircraft Noise Abatement Code).
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney