HomeMy WebLinkAboutORD-26-96 Amend Ch. 8.24 Noise ControlORDINANCE NO. 26-
96 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 8.24
OF THE ORANGE MUNICIPAL CODE PERTAINING
TO NOISE
CONTROL.WHEREAS, the City has an ordinance which prohibits certain noise levels
by zone according to decibel reading;
and WHEREAS, in 1984 the California Court of Appeal decided Mann vs.
Mack,155 Cal.App.3d 666, 202 Cal.Rptr. 296 which upheld a noise ordinance that
prohibited loud, unnecessary and unusual noise which disturbs the peace and quiet of
any neighborhood or which causes discomfort or annoyance to any reasonable person
of normal sensitiveness residing in the area";
and WHEREAS, the City Council does hereby desire to adopt such a
noise ordinance to give law enforcement a standard to protect the health and welfare of
its citizens that may be applied without the use of a sound level
meter.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE HEREBY ORDAINS AS
FOLLOWS:SECTION
I:Section 8.24.155 IS hereby added to the Orange Municipal code to read
as
follows:8.24.155 Alternative Noise Prohibition. Notwithstanding any other
provisions of this chapter and in addition thereto, it is unlawful for any person to willfully
make,continue, maintain, permit, or cause to be made, continued, maintained, or
permitted,any loud, unnecessary and unusual noise which disturbs the peace or quiet of
any residential neighborhood or which causes discomfort or annoyance to any
reasonable person of normal sensitivity residing in the area. It shall be a prima facie violation
of this section if any power tool, radio, receiving set, television, music amplifier,
tape player, record player, compact disc player, musical instrument or similar device
is played, used or permitted to be played or used between the hours of ten p.m. and
seven a.m. when audible from a distance of one hundred feet from the property line of
the noise source or from a distance of one hundred fifty feet from any nonstationary
noise source. For the purpose of this ordinance, these prohibitions shall also be applied
to stationary vehicles parked on the street or on private property. The determination
may be made by a peace officer or may be proven by the testimony of any other
SECTION II:
A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance is to be adopted. A
summary of this Ordinance shall also be published once within fifteen (15) days after
this Ordinance's passage in a newspaper of general circulation, published, and circulated
in the City of Orange. The City Clerk shall post in the Office of the City Clerk a
certified copy of the full text of such adopted Ordinance along with the names of those
City Council members voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take effect thirty (30) days
from and after the date of its final passage.
ADOPTED this 26th day of November 1996
ATTEST:
J1ayor of the City of Oran
U
1<U/UAJA"A~ (~~-cut--
City Clerk of the Ity of Orange
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 12th day of November, 1996, and thereafter at the regular meeting of
said City Council duly held on the 26th day of November, 1996, was duly passed and
adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Ord.N 0.26-
96 I ;1 /
7U4UU/!A_~ Jf-- (AA'-.-I!/'A.",X
City Clerk oftiWCity of Orange
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