The Los Angeles Daily Journal. 2 3 An ordinance amending the Los Angeles Municipal Code

Transcription

1 j The Los Angeles Daily Journal 1 ORDINANCE NO An ordinance amending the Los Angeles Municipal Code to change the sound level measurement adder; to reassign enforcement responsibility; to include agricultural equipment 6 and backpack blowers, refuse disposal trucks, street or parking lot sweepers, and vacuum trucks; and adding new sections to 8 control noise associated with vehicle loading and unloading, 9 audible signaling devices, and vehicle theft alarm systems. 11 THE PEOPLE OF THE CITY OF LOS ANGELES 1 DO ORDAIN AS FOLLOWS: 1 1 Section 1. subdivision of subsection (b) of Section of the Los Angeles Municipal Code is hereby amended to 16 read as follows: 1. Noise occurring five minutes or less in., 18 any period of 60 consecutive minutes, between the 19 hours of :00 a.m. and :00 p.m. of any day Sec.. subsection (a) of Section of the Los Angeles Municipal Code is hereby amended to read as follows: (a) The Department of Building and Safety shall have the power and duty to enforce the following noise control provisions of this Code: 6 Section 1.1A-6(h), section 1.19A-(b)(l), and Section

2 ~... 1 sec.. subsection (b) of Section of the Los Angeles Municipal Code is hereby amended to read as follows: (b) The Police Department shall have the power and duty to enforce the following noise control provisions of this Code: Section 1., Section 1.0, Section 1., Section 1., section 1., Section 6.1(m), section 11.01, Section 11.0, Section 11.0, Section 11.06, section 11.01, Section through Section 11.0, inclusive, Section 11.0, and Section Sec.. Section 11.0 of the Los Angeles Municipal 1 Code is amended to read as follows: SEC CONSTRUCTION NOISE: Noise due to construction or repair work shall be regulated as provided by Section 1.0 of this Code Sec.. Amend Section 11.0 of the Los Angeles 1 Municipal Code to read as follows: 6 SEC POWERED EQUIPMENT INTENDED FOR REPETITIVE USE IN RESIDENTIAL AREAS AND OTHER MACHINERY, EQUIPMENT, AND DEVICES: (a) Between the hours of :00 p.m. and :00 a.m. of the following day, no person shall operate any lawn mower, backpack blower, lawn --

3 : ' edger, riding tractor, or any other machinery, equipment, or other mechanical or electrical device, or any hand tool which creates a loud, raucous or impulsive sound, within any residential zone or within 00 feet of a residence. (b) Except as to the equipment and operations specifically mentioned and regulated elsewhere in this Chapter or for emergency work as that term is defined in Section lll.ol(d), and except as to aircraft, tow tractors, aircraft auxiliary power units, trains and motor vehicles in their respective operations governed by state or federal regulations, no person shall operate or cause to be operated any machinery, equipment, tools, or other mechanical or electrical device, or engage in any other activity in such manner as to create any noise which would cause the noise level on the premises of any other occupied property, or, if a condominium, apartment house, duplex, or attached business, within any adjoining unit, to exceed the ambient noise level by more than five () decibels. Sec. 6. Section 11.0 of the Los Angeles Municipal 6 Code is hereby amended to read as follows: --

4 1 SEC MAXIMUM NOISE LEVEL OF POWERED EQUIPMENT OR POWERED HAND TOOLS: Between the hours of :00 a.m. and :00 p.m., in any residential zone of the City or within 00 feet thereof, no person shall operate or cause to be operated any powered equipment or powered hand tool that produces a maximum noise level exceeding the following noise limits at a distance of 0 feet therefrom: (a) db(a) for construction, industrial, and agricultural machinery including crawler-tractors, dozers, rotary drills and augers, loaders, power shovels, cranes, derricks, motor graders, paving machines, off-highway trucks, ditchers, trenchers, compactors, scrapers, wagons, pavement breakers, compressors and pneumatic or other powered equipment: 18 (b) db(a) for powered equipment of 0 HP or less intended for infrequent use in residential areas, including chain saws, log chippers and powered hand tools: (c) 6dB(A) for powered equipment intended 6 for repetitive use in residential areas, including lawn mowers, backpack blowers, small lawn and garden tools and riding tractors: The noise limits for particular equipment listed above in (a), (b) and (c) shall be deemed --

5 to be superseded and replaced by noise limits for such equipment from and after their establishment by final regulations adopted by the Federal Environmental Protection Agency and published in the Federal Register. Said noise limitations shall not apply where compliance therewith is technically infeasible. The burden of proving that compliance is technically infeasible shall be upon the person or persons charged with a violation of this section. Technical infeasibility shall mean that said noise limitations cannot be complied with despite the use of mufflers, shields, sound barriers and/or any other noise reduction device or techniques during the operation of the equipment Sec.. The first sentence of Section of the 19 Los Angeles Municipal Code is hereby to read as follows: 0 It shall be unlawful for any per son engaged 1 in the business of collecting or disposing of rubbish or garbage to operate any refuse disposal truck, parking lot sweeper, or vacuum truck, or to collect, load, pick up, transfer, unload, dump, discard, sweep, vacuum, or dispose of any 6 rubbish or garbage, as such terms are defined in Section of this Code, within 00 feet of --

6 1 any residential building between the hours of 9:00 p.m. and 6:00 a.m. of the following day, unless a permit therefore has been duly obtained beforehand from the Board of Police commissioners. 6 Sec. 8. Article of Chapter XI of the Los Angeles Municipal Code is hereby amended by adding a new Section to read as follows: 9 SEC VEHICLES-LOADING AND UNLOADING: It shall be unlawful for any person, between 11 the hours of :00 p.m. and :00 a.m. of the 1 following day, to load or unload any vehicle, or 1 operate any dollies, carts, forklifts, or other 1 wheeled equipment, which causes any impulsive 1 sound, raucous or unnecessary noise within feet of any residential building Sec. 9. Article of Chapter XI of the Los Angeles 19 Municipal Code is hereby amended by adding a new Section to read as follows: 1 6 SEC AUDIBLE SIGNALING DEVICES: It shall be unlawful for any person, within any residential zone of the City or within 00 feet thereof, to sound, blow, or operate any audible signaling device, including sequential airhorns or electronically-operated vehicular loud speaker music devices, which can be heard -6-

7 1 for a distance greater than 00 feet for any purpose. Violation of this Section shall constitute an infraction. This Section does not address horns or warning devices regulated in Article 1, Chapter of the california Vehicle 6 Code. 8 Sec.. Article of Chapter XI of the Los Angeles 9 Municipal Code is hereby amended by adding a new Section 11.0 to read as follows: 11 SEC VEHICLE THEFT ALARM SYSTEMS: 1 It shall be unlawful for any person to 1 install, operate or use any vehicle theft alarm 1 system that emits or causes the emission of an 1 audible sound, which is not, or does not become, 16 automatically and completely silenced within five 1 minutes. The time period shall be calculated 18 based upon the emission of the first audible 19 sound and shall end five minutes thereafter 0 notwithstanding any variation or stoppage in the 1 emissions of audible sound. Violation of this Section shall constitute an infraction. 6 --

8 ? ~. ' Sec... t!- The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeles. I hereby certify that the foregoing ordinance was introduced at the meeting of the CounciloftheCityofLosAngelesof JUl 1986 and was passed at its meeting of J U l 0 l986 by a vote of not less than two-thirds of its members. t 1ocs Approved_...:flc..:.-.=:Uc..:G=--_"_.,;_u_' gt:;_ (_1 ( File No. _=.:0=-_:.::.d.OO=~:::: By ELIAS MARTINEZ, City Oerk. -fdwd~~~r--- deputy