ordinance n0 o9 2 23 - Pismo Beach

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ORDINANCE N0 O 92 23 AN ORDINANCE OF THE CITY OF PISMO BEACH ADDING CHAPTER 9 24 TO TITLE 9 OF THE PISMO BEACH MUNICIPAL CODE REGARDING NOISE CONTROL THE CITY COUNCIL of the City of Pismo Beach does ordain as follows SECTION 1 Chapter 9 24 is hereby added to Title 9 of the Pismo Beach Municipal Code to read as follows Chapter 9 24 NOISE CONTROL Sections 9 24 010 Declaration of policy 9 24 020 Definitions 9 24 030 Authority and duties of the noise control office r NCO 9 24 040 General noise regulations 9 24 050 Prohibited acts 9 24 060 Exterior noise limits 9 24 070 Interior noise standards 9 24 080 Motor vehicle noise limits 9 24 090 Special provisions exemptions 9 24 100 Exceptions 9 24 110 Enforcement 9 24 010 Declaration of policy A In order to control unnecessary excessive and annoying noise and vibration in the city it is 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 It shall be the policy of the city to maintain quiet in those areas which currently exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above acceptable values B It is determined that certain noise levels and vibrations are detrimental to the public health welfare and safety and are contrary to public interest Therefore the council ordains and declares 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 nuisance and shall be punishable as such in any manner provided by law including but not necessarily limited to the filing of a civil or criminal action

Transcript of ordinance n0 o9 2 23 - Pismo Beach

ORDINANCE N0 O9223

AN ORDINANCE OF THE CITY OF PISMO BEACH ADDINGCHAPTER 924 TO TITLE 9 OF THE PISMO BEACH MUNICIPALCODE REGARDING NOISE CONTROL

THE CITY COUNCIL of the City of Pismo Beach does ordain as follows

SECTION 1 Chapter 924 is hereby added to Title 9 of the Pismo Beach Municipal Code to read as

follows

Chapter924

NOISE CONTROL

Sections924010 Declaration of policy924020 Definitions924030 Authority and duties of the

noise control officerNCO924040 General noise regulations924050 Prohibited acts

924060 Exterior noise limits924070 Interior noise standards

924080 Motorvehicle noise limits924090 Special provisions exemptions924100 Exceptions924110 Enforcement

924010 Declaration of policy

A In order to control unnecessary excessive and annoying noise and vibration in the

city it is 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 It shall be the policy ofthe

city to maintain quiet in those areas which currently exhibit low noise levels and to

implement programs aimed at reducing noise in those areas within the city where noiselevels are above acceptable values

B It is determined that certain noise levels and vibrations are detrimental to the

public health welfare and safety and are contrary to public interest Therefore the

council ordains and declares that creating maintaining causing or allowing to be createdcaused or maintained any noise or vibration in a manner prohibited by or not in

conformity with the provisions of this chapter is a public nuisance and shall be

punishable as such in any mannerprovided by law including but not necessarily limitedto the filing of a civil or criminal action

ORDINANCE NO 09223

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924020 Definitions

The following terms shall have the following meanings when used in this chapter

A Terminology All terminology used in this chapter not defined in this chapter shall bein conformance with applicable publications ofthe American National Standards Institute

ANSI or its successor body

B Aweighted sound level means the sound level in decibels as measured on a sound level

meter using theAweighting network The level so read is designated dBa or dBA

C Ambient noise lever means the composite ofnoise from all sources near and far In this

context the ambient noise level constitutes the normal or existing level of environmental

noise at a given location

D Commercial area means those areas designated CRClC2 CM on the official

zoning map of the city

E Construction means any site preparation assembly erection substantial repairalteration or similar action for or of public or private rightsofway structures utilitiesor similar property

F Cumulative period means an additive period of time composed of individual time

segments which may be continuous or interrupted

G Decibel means a unit for measuring the amplitude ofa sound equal to twenty times the

logarithm to the base 10 of the ratio of the pressure of the sound measured to thereference pressure which is twenty micropascals

H Demolition means any dismantling intentional destruction or removal of structures

utilities public or private rightofway surfaces or similar property

I Emergency work means any work performed for the purpose of preventing or

alleviating the physical trauma or property damage threatened or caused by an emergency

J Fixed noise source means a stationmy device which creates sound while fixed or

motionless including but not limited to residential agricultural industrial and

commercial machinery and equipment pumps fans compressors airconditioners and

refrigeration equipment

K Gross vehicle weight rating GVWR means the value specified by the manufacturer

as the recommended maximum loaded weight of a single motor vehicle In cases where

trailers and tractors are separable the gross combination weight rating which is the value

specified by the manufacturer as the recommended maximum loaded weight of the

combination vehicle shall be used

L Impulsive sound means sound of short duration usually less than one second with an

abrupt onset and rapid decay Examples of sources of impulsive sound include

explosions drop forge impacts and the discharge offirearms

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M Intrusive noise means that noise which intrudes over and above the existing ambientnoise at a given location The relative intrusivehess of a sound depends upon its

amplitude duration frequency and time ofoccurrence and tonal or informational content

as well as tho prevailing ambient noise level

N Mobile noise source means any noise soume other than a fixed noise source

O Motor vehicle means and includes any and all selfpropelled vehicles as defined in the

California Vehicle Code including all onhighway type motor vehicles subject to

registration under the Code and all offhighway type motor vehicles subject to

identification under the code

P Muffler or sound dissipative device means a device consisting of a series of chambers

or baffle plates or other mechanical design for the purpose ofreceiving exhaust gas from

an internal combustion engine and effective in reducing noise

Q Noise controlofcerNCOmeans the municipal agencies or departments having lead

responsibility for this chapter or their employees

R Noisedisturbance means any sound which a endangers or injures the safety or health

of human beings or animals or b annoys or disturbs reasonable persons of normal

sensitivities or c endangers or injures personal or real property or d violates the

factors set forth in Section924060of this chapter Compliance with the quantitativestandards as listed in this chapter shall constitute elimination of a noise disturbance

S Noise zone includes any defined areas or regions of a generally consistent and use

wherein the ambient noise levels are within a range of 5dB

T Person means any individual association partnership or corporation and includes any

officer employee department agency or instrumentality of a state or any politicalsubdivision of a state

U Powered model vehicle means any selfpropelled airborne waterborne or landborne

plane vessel or vehicle which is not designed to carry persons including but not limited

to any model airplane boat ear or rocket

V Structure means anything constructed or erected the use of which requires location on

or in the ground or attachment to something having location on the ground including but

not limited to swimming pools buildings roads pipes conduit telephone lines and

electrical transmission and distribution lines driveways paving parking spaces or at

grade patios

ORDINANCE NO 09223Page 4

electrical transmission and distribution lines driveways paving parking spaces or at

grade patios

924030 Authority of the noise control officersNCO

Lead AgencyOfficial The noise control program established by this chapter shall be

administered by the building official and the police depmtment

924040 General noise regulations

Notwithstanding any other provision of this chapter and in addition thereto it shall be

unlawful for any person to willfully or negligently make or continue or cause to be made or

continued or permit or allow to be made or continued any noise which disturbs the peace and

quiet ofany neighborhood or which causes any discomfort or annoyance to any reasonable personofnormal sensitivity in the area

No permit shall be issued for any activity that may violate this section

The factors which may be considered in determining whether aviolation of the provisionsof this section exists include but are not limited to the following

A The sound level of the noise disturbanceB The sound level of the ambient noiseC The proximity of the noise to residential and visitor serving sleeping facilitiesD The nature and zoning of the area within which the noise emanatesE The number ofpersons affected by the noise source

F The time of day or night the noise occurs

G The duration of the noise and its tonal informational or musical contentH Whether the noise is continuous recurrent or intermittentI Whether the noise is produced by a commercial or noncommercial activity

924050 Prohibited acts

A Noise Disturbances Prohibited No person shall make continue or cause to be

made or continued or permit or allow to be made or continued any noise disturbance in

such a manner as to be plainly audible at a distance of fifty feet from the noisemakerprovided nothing in this section shall be construed to prohibit any noise which does not

penetrate beyond the boundaries of the noisemakers own premises or does not constitute

an unreasonable disturbance to people lawfully on said premises

B Specific Prohibitions The acts as set forth in subsections B 1 through 8 ofthis

section and the causing or permitting thereof are declared to be in violation of this

chapter

1 Radios Television Sets Musical Instruments and Similar Devices Operatingplaying or permitting the operation or playing of any radio television set

phonograph drum musical instrument or similar device which produces or

reproduces sound in excess of the sound levels described herein

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a Between the hours of ten pm and seven am in such a manner as to

create a noise disturbance across a residential and visitor serving or

commercial real property line or at any time to violate the provisions of

Section 924060 of this chapter except for activities for which a

exception has been issued by the noise control office

b In such manner as to exceed the levels set forth for public space in Table1 of Section924060 of this chapter measured at a distance of at least

fifty feet fifteen meters from such device operating on a public rightofway or public space

2 Loudspeakers Amplified Sound Using or operating for any purpose any

loudspeaker loudspeaker system or similar device between the hours of tenpm

and seven amsuch that the sound therefrom creates a noise disturbance across

a residential and visitor serving real property line or at any time violates the

provisions of Section924060 of this chapter except for any noncommercial

public speaking public assembly or other activity for which an exception has

been issued by the noise control office

3 Street Sales Offering for sale selling anything or advertising by shouting or

outcry within any residential and visitor serving or commercial area of the cityexcept by exception issued by the noise control office

The provisions of this section shall not bc construed to prohibit the selling byoutcry of merchandise food and beverages at licensed sporting events paradesfairs circuses or other similar licensed or permitted public entertainment events

4 Loading and Unloading Loading unloading opening closing or other handlingof boxes crates containers building materials or similar objects between the

hours oftenpm and sevenam in such a manner as to cause a noise disturbance

across a residential or visitor serving real property line or at any time to violate

the provisions of Section924060 of this chapter

5 ConstructionDemolition

a Operating or causing the operation of any tools or equipment used in

construction drilling repair alteration or demolition work between

weekday hours of sevenpm and seven amor any time on Sundays or

holidays such that the sound therefrom creates a noise disturbance across

a residential or commercial real property line except for emergency work

of public service utilities or by exception issued by the noise control

officer This section shall not apply to the use of domestic power tools

as specified in subsection B 8 of this section

b Noise Restrictions at Affected Properties Where technically and

economically feasible construction activities shall bc conducted in such

a manner that the maximum noise levels at affected properties will not

exceed those listed in the following schedule

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i At Residential Properties

Mobile Equipment

Maximum noise levels for nonscheduled intermittent shortterm operation less thanten days of mobile equipment

Stagk Mula Mixl

Family Family Residential

Residential Meshlends Corninertial

Dallyexcept RI R2R3 CRC1

Sundays and R4RR C2CMlegal holidays OSP OS1700 itmto

700pm 75 dBA 80 dBA 85 dBA

Dally 700

pm to 700

Lm and all

day Sunday and legalholidays 60 dBA 65 dBA 70 dBa

Stationary Equipment

Maximum noise levels for repetively scheduled and relatively longterm operation periods of ten days or more of stationaryequipment

Slle Multi Mixed

Family Family ResidendaZ

Residential Residential Commercial

DallyexceptSundays and

legal holidays700amto

700pm 60 dBA 65 dBA 70 dBA

Dally 700pm to700

m and all

day Sundayand legalholidays 50 dBA 55 dBA 60 dBA

ii At Business Properties

Mobile Equipment

Maximum noise levels for nenschedulect intermittent shorttetra operation of mobile equipment Dally including Sunday and legalholidays all hours maximum of 85 dBA

Stadonary Equipment

Maximumnoise levels for repetitively scheduledand relatively longtermopextions ofslationary equipment Dally including Sundaysand legal holidays all hours maximum of 75 dBA

All mobile stationary internal combustion engine powered equipment ormachinevshall be equipped wihsuitable exhaust and air

lake silencers in proper working order

6 Vibration Operating or permitting the operation of any device that creates a

vibration which is above the vibration perception threshold of an individual at or

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beyond the property boundary of the source if on private property or at one

hundred fifty feet fortysixmeters from the source if on a public space or publicrightofway

7 Powered Model Vehicles Operating or permitting the operation of poweredmodel vehicles

a Between the hours of sevenpm and seven am so as to create a noise

disturbance across a residential and visitor serving commercial real

property line or at any time to violate the provisions of Section924070

of this chapter

b In such a manner as to exceed the levels set forth for public space landuse in Table 1 of Section924060 measured at a distance not less than

one hundred feet thirty meters from any point on the path of a vehicle

operating on public space or public rightofway

8 Emergency Signaling Devices

a The intentional sounding orpermitting the sounding outdoors of any fireburglar or civil defense alarm siren whistle or similar stationmyemergency signaling device except for emergency purposes or for

testing as provided in subsection B 9 b of this section

bi Testing ofa stationmy emergency signaling device shall not occur before

seven am or after seven pm Any such testing shall use only theminimum cycle test time In no case shall such test time exceed sixtyseconds

ii Testing of the complete emergency signaling system including the

functioning of the signaling device and the personnel response to the

signaling device shall not occur more than once in each calendar month

Such testing shall not occur before sevenam or after tenpm The time

limit specified in subsection B 8 b i of this section shall not apply to

such complete system testing

c Sounding or permitting the sounding of any exterior burglar or fire alarm

or any motor vehicle burglar alarm unless such alarm is terminated within

thirty minutes of activation

9 Domestic Power Tools Machinery

a Operating or permitting the operation of any mechanically powered saw

sander drill grinder lawn or garden tool or similar tool between tenpm

and sevenamso as to create a noise disturbance across a residential or

commercial real property line

b Any motor machinery pump such as swimming pool equipment etcshall be sufficiently enclosed or muffled and maintained so as to not

ORDINANCE NO 09223

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create a noise disturbance in accordance with Section924060 of thissection

10 Residential AirConditioning or AirHandling Equipment Operating or

permitting the operation of anyairconditioning orairhandling equipment in such

a manner as to exceed any of the following sound levels

Units Units

InsSied Insfailed on

Before orAfter

tlno 14a0asAMeammrement Location dba

Any point on neighboringproperty line five feetabove grade level no

close than three feet

from any wall 60 55

Oulside the neighboringliving area window nearest

the equipment locationnot more than three feet

from the window openingbut aI least three feetfiom any other surface 55 50

924060 Exterior noise limits

A Maximum Permissible Sound Levels at Receiving Land Use

1 The noise standards for the various categories of land use identified bythe noise control officeras presented in Table 1 of Section924060 shallunless otherwise specifically indicated apply to all such property within a

designated zone

2 No person shall eanse or allow to cause any source of sound at any

location within the incorporated city or allow the creation of any noise on

properly owned leased occupied or otherwise controlled by such person which

causes the noise level when measured on any other property either incorporatedor unineorporated to exceed

a The noise standard for that land use as specified in Table 1 of Section924060for a cumulative period ofmore than thirty minutes in any hourOr

b The noise standard plus 5 dB for a cumulative period of more than

fifteen minutes in any hour or

c The noise standard plus 10 dB for a cumulative period ofmore than fiveminutes in any hour or

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d The noise standard plus 15 dB for a cumulative period ofmore than one

minute in any hour or

e The noise standard plus 20 dB for any period of time

3 If the measured ambient level differs from that permissible within any of

the first four noise limit categories of this section the allowable noise exposure

standard shall be adjusted in 5 dB increments in each category as appropriate to

encompass or reflect said ambient noise level

In the event the ambient noise level exceeds the fifth noise limit categorythe maximum allowable noise level under this category shall be increased to

reflect the maximum ambient noise level

4 If the measurement location is on a boundary between two different

zones the noise level limit applicable to the lower noise zone plus 5 db shall

apply

5 Ifpossible the ambient noise should be measured at the same location

along the property line utilized in Section924060 with the alleged offendingnoise source inoperative If for any reason the alleged offending noise source

cannot be shut down the ambient noise may be estimated by performing a

measurement in the same general area of the source but at a sufficient distancesuch that the noise from the source is at least 10 dB below the ambient in order

that only the ambient level be measured If the difference between the ambient

plus the noise source and noise source is 5 to 10 dB then the level of the source

itself can be reasonably determined by subtracting a one decibel correction to

account for the contribution ofthe source

B Correction for Character of Sound In the event the alleged offensive noise as

determined by the noise control officer contains a steady audible tone such as whinescreech or hum or is a repetitive noise such as hammering or riveting or contains music

or speech the standard limits set forth in Table 1 of Section924060 ofthis section shall

be reduced by 5 db

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Table No 1

EXTERIOR NOISELIMITS

Levels Not To Be Exceeded More Thou ThirtyMinutes In Any Hour

Zoning Category Time Period Noise Level dBA

Ri and R2 OSP OS1Low DensityResidential 1000pm700 am 0

700am1000pm 55

R3 and R4 RR

High DensityResidential 1000pm700am 50

700am1000pm 55

ClC2CMCR

Commercial I000pm700am 60

700am1000pm 65

924070 Interior noise standards

A Maximum Permissible Dwelling Interior Sound Levels

1 The interior noise standards for multifamily residential dwellings as

presented in Table 1 of this section shall apply unless otherwise specificallyindicated within all such dwellings with windows in their normal seasonal

configuration

TaMe No I

Allowable

InteriorNoise Type of Time Noise Level

Zone Land Use Interval dBA

Zones Residential 700am 40

Land Uses 700am

1000pm 45

2 No person shall operate or cause to be operated within a dwelling unitany soume of sound or allow the creation of any noise which causes the noise

level when measured inside a neighboring receiving dwelling unit to exceed

a The noise standard as specified in Table I of this section for a

cumulative period of more than five minutes in any hour or

b The noise standard plus 5 dB for a cumulative period of more than one

minute in any hour or

c The noise standard plus 10 dB or the maximum measured ambient for

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any period of time

3 If the measured ambient level differs from that permissible within any of

the noise limit categories of this section the allowable noise exposure standard

shall be adjusted in 5 dB increments in each category as appropriate to reflect the

ambient noise level

B Correction for Character of Sound In the event the alleged offensive noise as

determined by the noise control officer contains a steady audible tone such as a whinescreech or hum or is a repetitive noise such as hammering or riveting or contains musicor speech conveying informational content the standard limits set forth in Table 1 ofthissection shall be reduced by 5 dB

924080 Motor vehicle noise limits

A Refuse Collection Vehicles No person shall collect refuse with a refuse

collection vehicle between the hours of sevenpm and sixthirtyam within or adjacentto a residential area

B Motorized Recreational Vehicles Operating Off Public Rightofway No personshall operate or cause to be operated any motorized recreational vehicle offpublic rightofway in such a manner that the sound levels emitted therefrom violate the provisionsof Section924060 of this chapter This section shall apply to all motorized recreational

vehicles whether or not duly licensed and registered including but not limited tocommercial or noncommercial racing vehicles motorcycles go carts amphibious craftcampers snowmobiles and dune buggies but not including motorboats

C Vehicle Motorboat or Aircraft Repair and Testing

1 Repairing rebuilding modifying or testing any motor vehicle motorboat

or aircraft in such a manner as to create a noise disturbance across a residential

real property line or at any time to violate the provisions of Section924070of

this chapter

2 Nothing in this section shall be construed to prohibit restrict penalizeenjoin or in any manner regulate the movement of aircraft which are in all

respects conducted in accordance with or pursuant to applicable federal laws or

regulations

D Standing Motor Vehicles No person shall operate or permit the operation ofany

motor vehicle with a gross weight rating GVWR in excess of ten thousand pounds or

any auxiliary equipment attached to such a vehicle for a period longer than fifteen

minutes in any hour while the vehicle is stationary for reasons other than traffic

congestion or a public rightofway or public space within one hundred fifty feet fortysix meters of a residential area between the hours of ten pm and seven am

924090 Special provisions exemptions

A Emergency Exemption The provisions of this chapter shall not apply to a the

emission of sound for the purpose of alerting persons to the existence of an emergency

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or b the emission of sound in the performance of emergency work

B Warning Devices Warning devices necessary for the protection ofpublic safetyas for example police fire and ambulance sirens and train horns shall be exempted from

the provisions of this chapter

C Outdoor Activities The provisions of this chapter shall not apply to outdoor

gatherings public dances shows and sporting and entertainment events provided suchevents are conducted pursuant to a permit or license issued by the city relative to the

staging of the events and are consistent with the permissible times for such activities

D Exemptions from Exterior Noise Standards The provisions of Section924060

of this chapter shall not apply to activities covered by the following sections

l Section924050 B 3 Street Sales2 Section924050 B 5 ConstructionDemolition3 Section924050 B 9 Domestic Power Tools Machinery4 Section924050 B 10 ResidentialAirConditioning orAirHandling Equipment5 Section924080 A Refuse Collection Vehicles

E Federal or State Preempted Activities Any other activity to the extent regulationthereof has been preempted by state or federal law shall be exempted from the regulationsof this chapter

924100 Exceptions

A Special Exceptions

1 The noise control officeris authorized to grant exceptions fiom any

provision of this chapter subject to limitations as to area noise levels time limits

and other terms and conditions as the noise control officer determines are

appropriate to protect the public health safety and welfare from the noise

emanating therefrom This section shall in no way affect the duty to obtain any

permit or license required by law for such activities

2 Any person seeking an exception pursuant to this section shall file an

application with the noise control officer The application shall contain

information which demonstrates that bringing the source ofsound or activity for

which the exception is sought into compliance with this chapter would constitute

an unreasonable hardship on the applicant on the community or on other

persons The application shall be accompanied by a fee as established by council

resolution A separate application shall be filed for each noise source providedhowever that several mobile sources under common ownership or several fixed

sources on a single property may be combined into one application Anyindividual who claims to be adversely affected by allowance ofthe exception may

file a statement with the noise control officercontaining any information to

support his claim Ifat any time the noise control officerfinds that a sufficient

controversy exists regarding an application a public hearing will be held

3 In determining whether to grant or deny the application the noise control

ORDINANCE NO 09223Page 13

officer shall balance denial as a hardship on the applicant against 1 theadverse impact on the health safety and weftare ofother persons affected 2 the

adverse impact on property affected and 3 any other adverse impacts of

granting the exception Applicants for exceptions and persons contestingexceptions shall be required to submit such information as the noise control

officermay reasonably require Ingranting or denying an application the noise

control officershall keep on public file a copy ofthe decision and the reasons

for denying or granting the exception

4 Exceptions shall be granted by notice to the applicant containing allnecessary conditions including a time limit on the permitted activity The

exception shall not become effective until all conditions are agreed to by the

applicant Noncompliance with any condition of the exception shall terminate

the exception and subject the person holding it to those provisions ofthis chapterfor which the exception was granted

5 An exception will not exceed one hundred eight days from the date on

which it was granted Application for extension of time limits specified in

exceptions or for modification ofother substantial conditions shall be treated like

applications for initial exceptions under subsection B 2 of this chapter

6 Exceptions lasting for a duration of less than fortyeight hours may be

granted by the chief of police or his designated noise control officer Exceptionslasting for a duration of more than loftyeight hours or dealing with zoningconflicts or machine generated noise may be granted by the communitydevelopment department director or his designated noise control officer

B Exceptions for Time to Comply

1 Within ninety days following the effective date ofthis chapter the owner

of any commercial or industrial source of sound may apply to the noise control

officerfor an exception in time to comply with the provisions of this chapterThe noise control officershall have the authority consistent with this sectionto grant an exception not to exceed one hundred eight days from the effectivedate of the ordinance codified in this chapter The same procedures andconsiderations by the noise control officeras followed under this section shalllikewise apply

C Appeals Appeals of an adverse decision under this section of the policedepartmentsnoise control officershall be made to the police commander then to the

police chief and then the city council Review of the appeals of an adverse decisionunder this section of the building official shall be made to the community developmentdirector Determinations of the community development director may be appealed to the

city building appeals board

924110 Enforcement

A Prima Facie Violation Any noise exceeding the noise level limits for a

designated noise zone as provided in Table 1 of Section924060 and Table 1 of Section924070 ofthis chapter or the prohibited actions as provided in Section924050 of this

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chapter shall be deemed to be prima facie evidence of a violation of the provisions of

this chapter

B Violations Infractions Any person violating any of the provisions of this chaptershall be deemed guilty of a infraction Each hour such violation is committed or

permitted to continue shall constitute a separate offense and shall be punishable as such

C Abatement Orders

1 In lieu of issuing a notice of violation as provided for in subsection B of

this chapter the noise control officer or police department responsible for

enforcement of any provision of this chapter may issue an order requiringabatement ofa sound source alleged to be in violation within a reasonable time

period and according to guidelines which the noise control officermay

prescribe

2 No complaint or further action shall be taken in the event that the cause

of the violation has been removed the condition abated of fully corrected within

the time period specified in the written notice

SECTION 2

This Ordinance shall take effect 30 days after the date of its adoption Within 15 days of its adoptionthis ordinance shall be posted in three public places within the City of Pismo Beach to wit

1 United States Post Office Pismo Beach2 United States Post Office Shell Beach3 City Hall

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UPON MOTION of Councilmember Fiorentino seconded byCouncilmember Bittner the foregoing Ordinance is hereby Introduced for First

Reading at a regular meeting of the City Council held the 3rdday of November 1992and on the following roll call vote to wit

and Mayor Morrow

AYES Councilmembers Fiorentino Bittner Foster Maroney

NOES None

ABSTAIN None

ABSENT None

Dick Morrow Mayor

ATT S APPROVED AS TO FORM

W Cloughity C or City Attorney

PASSED AND ADOPTED at a regular meeting of the City Council held this 17 th day of

November 1992 on motion of Councilmember Fiorentinoseconded by Councilmember Bittner and on the following roll call vote to wit

and Mayor Morrow

AYES Councilmembers Fiorentino Bittner Foster Maroney

NOES None

NoneABSTAIN

ABSENT None

Dick Morrow Mayor

ATTEST APPROVED AS TO FORM

F hck W ClougCi AReracy