9.38 need to be amended to eliminate the citizen complaint requirement, establish more stringent penalties

Transcription

1 CITY( CHICO City Council Agenda Report Meeting Date: November 1, 0 TO: Honorable Mayor and City Council Mark Orme, City Manager, FROM: Dave Britt, Deputy Chief BY: Ted McKinnon, Police Lieutenant RE: Final Reading and Adoption of Proposed Noise Ordinance REPORT IN BRIEF: The Chico Municipal Code ("CMC") needs to be revised to further enhance the ability of Chico Police Officers to effectively respond to noise complaints. In an effort to streamline the noise complaint process and provide an adequatedeterrent, CMC sections..0(b),..0(b) & (C), and..oofchapter. need to be amended to eliminate the citizen complaint requirement, establish more stringent penalties for subsequent responses to excessive noise complaints and authorize police officers to cite property owners. Furthermore, CMC section.,00(b) needs to be revised to make Occupational Safety & Health Administration ("OSHA") compliance easier for local developers. The revisions will protect construction workers by reducing the risk ofheat-related illnesses associated with exposure to hot and humid conditions during the summer months. FISCAL IMPACT: There is no fiscal impact other than the staffcosts involved in complying with and enforcing the proposed additions to the Chico Municipal Code. RECOMMENDATION: That, i f the City Council wishes to adopt the proposed Noise Ordinance, the City Council waive further reading and adopt the attached Ordinance, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER. OF THE CHICO MUNICIPAL CODE RELATING TO NOISE CONTROL." BACKGROUND: At its meeting on September 1,0, the City Council approved a request by Mayor Sorensen to review and discuss the Noise Ordinance. A staff report from the Police Department was included outlining possible

2 Final Reading and Adoption of Proposed Noise Ordinance Meeting Date: November 1,0 Page of changes to the current regulations. At its October 0, 0 meeting, the City Council considered Mayor Sorensen's request regarding amendments to the CMC related to noise. After discussing the proposed changes and hearing public comment in support of and against the proposed amendments to the Noise Ordinance, the City Council introduced the Noise Ordinance, by reading of title only. DISCUSSION: Staff directed the Police Department to revise and broaden the scope ofthe City's Noise Ordinance to allow for effective enforcement. Staff also requested revisions to make compliance with OSHA requirements easier for local developers. After carefully reviewing the CMC, the Police Department recommended the following amendments: (1) Amending CMC Sections..0(B) &..0(B). The proposed amendments will authorizethe Police Department to take swift action and stop unreasonable noise before receiving a citizen complaint. () Amending CMC Section..0(C). The proposed amendments will authorize the Police Department to cite property owners that continue to allow unreasonable noise on their property. If within 10 days after the date of a first violation, a second violation is issued, the Police Department will issue a citation to the property owner, provided the property owner has received written notification from the City ofthe previous violation and at least fourteen days have passed since the date the notification was mailed to the property owner(s). () Amending CMC Section..00(Bl. The proposed amendments will allow new residential development projects, or construction, alteration or repairs taking place in commercial or industrial zones between June - September, ofeach calendar year, to operate between the hours of:00 a.m. and :00 p.m., Monday - Saturday. () Amending CMC Section..0(A).The proposed amendments will remove the outdated fine amounts found within the language of the Ordinance. This will ensure that the Ordinance is consistent with the fines set by City Council. () Amending CMC Section..0((. The proposed amendments will authorize police officers to prosecute noise violations as a misdemeanor, A misdemeanor violation is reserved for repeat offenders. In order to be guilty of a misdemeanor the following must occur: 1. If, within thirty (0) days from the issuance of a written citation, a second noise complaint is received from a citizen complainant;. The citizen complainant must then be willing to fill out and sign a written statement describing the disturbance; and

3 Final Reading and Adoption of Proposed Noise Ordinance Meeting Date: November 1,0 Page of. The citizen complainant must also be willing to appear in court to testify if the charges are contested. ' - Aipl Dave Britt]bputy Chief ATTACHMENTS: Exhibit A - Noise Ordinance

4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHICO, CALIFORNIA, AMENDING CHAPTER. OF THE CHICO MUNICIPAL CODE RELATING TO NOISE CONTROL WHEREAS, noise is highly disruptive to the peace and quiet of neighborhoods; WHEREAS, on November 0, the City amended their Noise Ordinance to allow the Chico Police Department to effectively respond to calls for service regarding excessive noise in residential areas; WHEREAS, the City has determined that despite the amendments to 0 Noise Ordinance, there has not been a significant decrease in noise complaints and repeated calls for service; WHEREAS, responding to noise complaints is very taxing on the Chico Police Department's vital resources and, in some cases, leaves other areas of the City with inadequate law enforcement protection; WHEREAS, the City desires to streamline the noise complaint process by eliminating the citizen complaint requirement; WHEREAS, the current penalties for noise violations do not provide an adequate deterrent; WHEREAS, the City desires to establish more stringent penalties for subsequent responses to excessive noise complaints; WHEREAS, the City desires to further enhance the ability of police officers to address noise related problems; WHEREAS, the City finds that allowing construction projects to have an earlier start time, during the hottest period of the year, would reduce construction workers exposure to hot and humid conditions and reduce the likelihood of heat-related illnesses; and WHEREAS, City Council of the City of Chico finds that residents of the City of Chico have a right to and should be ensured of an environment free from sound that jeopardizes the public health, wel fare, peace, and safety or degrades the quality of li fe. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Chico: Section 1. The recitals set forth above are incorporated herein and by this reference made an Page I of

5 operative part hereof. Section. That subsection (B) of Section..0 of Chapter. of the Chico Municipal Code is hereby amended as follows: B. The provisions of this chapter may be enforced without receipt of a citizen complaint. This chapter allows for different methods of enforcement. The appropriate method of enforcement shall be determined by the enforcement officer. Section. amended as follows: That Section..0 of Chapter. of the Chico Municipal Code is hereby B. Notwithstanding the above, an enforcement officer is not required to issue a warning and may issue a citation for a violation of section..00,..00 or..0 under any of the following circumstances: 1. The enforcement officer has responded to two or more of unreasonable noise regarding the same location, activities or circumstances; or The noise occurs between the following hours: a. :00 p.m. Sunday and :00 a.m. Monday; b. :00 p.m. Monday and :00 a.m. Tuesday; c. :00 p.m. Tuesday and :00 a.m. Wednesday; d. :00 p.m. Wednesday and :00 a.m. Thursday; e. :00 p.m. Thursday and :00 a.m. Friday; or f. :01 a.m. and :00 a.m. on Saturday and Sunday. C. Once a violation of any provision of this chapter has been verified by a police officer or other authorized person, the owner(s) of the property where the violation occurred may be subject to a violation of this chapter for allowing a subsequent violation of this chapter to occur on the property within 10 days after the date of the previous violation, provided the property owner has received written notification from the city of the previous violation and at least fourteen days have passed since the date the notification was mailed to the property owner(s). Section. That subsection (B) of Section..00 of Chapter. of the Chico Municipal Code is hereby amended as follows:..00 Categorical exemptions. B. Construction and Alteration of Structures. 1. Notwithstanding any other provision of this chapter, between the hours of ten a.m. and six p.m. on Sundays and holidays, and seven a. m. and nine p.m. on other days, construction, alteration Page of

6 or repair of structures shall be subject to one of the following limits: a. No individual device or piece of equipment shall produce a noise level exceeding eightythree () dba at a distance of twenty-five () feet from the source. I f the device or equipment is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close as possible to twenty-five () feet from the equipment. b. The noise level at any point outside of the property plane of the project shall not exceed eighty-six () dba.. Notwithstanding any other provision of this chapter, including but not limited to section..00(b)(1), for new residential development projects, or construction, alteration or repairs taking place in commercial or industrial zones between June - September, of each calendar year, work will be allowed between the hours of :00 a.m. and :00 p.m. on Sundays and holidays, and a.m. and :00 p.m. on other days. Construction, alteration or repairs of structures shall be subject to one of the following limits: a. No individual device or piece of equipment shall produce a noise level exceeding eightythree () dba at a distance of twenty-five () feet from the source. If the device or equipment is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close as possible to twenty-five () feet from the equipment. 1 b. The noise level at any point outside of the property plane of the project shall not exceed eighty-six () dba. 1 Section. That Section,.0 of Chapter. of the Chico Municipal Code is hereby 1 amended as follows: 1..0 Violations - Penalties. 1 0 I A. Any person violating, or causing or permitting a violation of, any of the provisions of this chapter is guilty of an infraction and shall be punished by a fine in the amount set forth by resolution of the City Council pursuant to section of this code. These minimum fines include the base fine and any and all fines, fees and assessments imposed by the Butte County Superior Court. A separate offense is committed for each and every hour or part of an hour during which any such violation is committed or caused or permitted to continue. Each offense is punishable separately from every other offense. B. The administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for noise violations are established pursuant to Chapter 1., of this code. C. A violation of this chapter shall be a misdemeanor and may be enforced by the filing of a criminal action by the city attorney if: 1. Within thirty (0) days from the issuance of a written citation, a second noise complaint is received from a citizen complainant; Page of

7 . A citizen complainant fills out and signs a statement form stating the manner in which the citizen was disturbed; and contested.. The citizen complainant is willing to appear in Court to testify if the charges are Section. The City Council finds and determines that the enactment of this Ordinance is not a project under the California Environmental Quality Act (CEQA) (Cal Pub. Resource Code 00 et seq.) in that the activities described in the Ordinance are a continuing administrative activity of the City involving general policy and procedure making and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines, Cal. Code of Regs., Title 1,.) Therefore, no environmental assessment is required or necessary. Section. lf any part of this Ordinance, or its application to any individual, entity, or 1 circumstance, is held to be invalid, the remainder of the Ordinance, including the application or provision to other persons or circumstances, shall be not be affected and shall continue in full force and effect. To this end, the provisions ofthis Ordinance are severable. Section. The City Clerk shall attest to the passage and adoption of this Ordinance, and 1 1 shall cause same to be posted as required by law, and this Ordinance shall take effect thirty (0) calendar days after its adoption. 1 1 THE FOREGOING ORDINANCE was adopted by the City Council of the City of Chico 0 1 at its meeting held on, 0, by the following vote. AYES: NOES: ABSENT: ABSTAINED: DISQUALIFIED: \Signatures on the following pagel Page of

8 APPROVED AS TO FORM: ATTEST: Vincent C. Ewmg City Attorney* Deborah R. Presson, MMC City Clerk *Pursuant to The Charter of the City of Chico, Section 0(D) Page of