HomeMy WebLinkAbout1354 ORDINANOE NO. 13~
AN ORDINANCE AME~UDING "SANTA ANAMUNICIPAL CODE" BY AM~ND-
ING SECTIONS 4270 and ~270.1 AND REPEALING $270.1½
THE COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION 1. That the "SANTA ANAMUNICIPAL CODE" be and the same
is hereby amended by amending Sections 4270 and 4270.1 of Part 7,
Chapter 2 of Article IV thereof to read as follows:
"Section 4270. Declaration of Necessity.
It is found and declared that:
(a) The making and creation of loud, unnecessary or un-
usual noises within the limits of the City of Santa Ann is a
condition which has existed for some time and the extent and
volume of such noises is increasing;
(b) The making, creation or maintenance of such loud, un-
necessary, unnatural or unusual noises which are prolonged,
unusual and unnatural in their time, place and use affect and
are a detriment to public health, comfort, convenience, safety,
welfare and prosperity of the residents of the City of Santa
Ann; and
(e) The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted, is declared
as a matter of legislative determination and public policy,
and it is further declared that the provisions and prohibitions
hereinafter contained and enacted are in pursuance of and for
the purpose of securing and promoting the public health, com-
fort, convenience, safety, welfare, and the peace and quiet of
the City of Santa Aha and its inhabitants.
SECTION 4270.1. Noises and Things Prohibited.
It shall be unlawful for any person to make, continue,
cause, or allow to be made or continued, any loud, unnecessary,
or unusual noise or any noise which annoys, disturbs, injures,
or endangers, the comfort, repose, health, peace, or safety of
others within the limits of the City and the following acts and
things, among others, are declared to be loud, disturbing,
injurious, and unnecessary noises in violation of this Part but
said enumeration shall not be deemed to be exclusive, namely:
(a) Horns, Signaling Devices, etc. The aounding of any
horn or signaling device on any automobile, motorcycle, street
car or other vehicle on any street or public place of the City,
except as a danger warnimg; the creation by means of any such
signaling device of any unreasonably loud or harsh s~und; and
the sounding of any such device for an unnecessary and unrea-
sonable period of time. The use of any signaling device except
one operated by hand or electricity; the use of any horm, whistle
or other device operated by engine exhaust; and the use of any
such signalimg device when traffic is for any reason held up.
(b) Radios, Phonographs, etc. The using, operating, or
permitting to be played, used or operated any radio receiving
set, television set, musical instrument, phonograph, juke box,
or other machine or device for the producing or reproducing of
sound in such manner as to disturb the peace, quiet and ~omfort
of the neighboring inhabitants or at any time with louder volume
than is necessary for convenient hearing for the person or per-
sons who are in the room, vehicle or chamber is which such ma-
chine or device is operated and who are voluntary listeners there-
to. The operation of any such set, instrument, pho~ograph, ma-
chine or device between the hours of eleven o'clock P. M. and
seven o'clock A. M. in such a manner as to be plainly audible
at a distance of fifty (50) feet from the building, structure
or vehicle in which it is located shall be prima facie evidence
of a violation of this Section.
(c) Loud Speakers, Amplifiers for Advertising. The using,
operating or permitting to be played, used, or operated of any
radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or
reproducing of sound which is cast upon the public streets for the
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purpose of commercial advertising or attracting the attention of
the public to any building or structure.
(d) Yelling, Shouting, etc. Yelling, shouting, hooting, whis-
tling, or singing on the public streets, particularly between the
hours of ll P. M. and 7 A. M. or at any time or place so as to
annoy or disturb the Quiet, comfort, or repose cf persons in any
office, or in any dwelling, hotel or other type of residence, or
~of any persons in the vicinity.
(el Animals, Birds, etc. The keeping of any animal or bird
which by causing frequent or long continued noise shall disturb
the cc~afort or repose of any persons in the vicinity.
(f) Steam Whistles. The blowing of any locomotive steam
whistle or steam whistle attached to any stationary boiler except
to give notice of the time to begin or stop work or as a warning
of fire or danger, or upon request of proper City authorities.
(g) Exhausts. The discharge into the open air of the ex-
haust of any steam engine, internal combustion engine stationary
or mounted on wheels to run on rails or otherwise, motor boat, or
motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(h) Defect in Vehicle or Load. The use of any automobile,
motorcycle, or vehicle so out of repair~ so loaded or in such
manner as to create loud and u-necessary grating, grinding, rattling
or other noise.
(i) Loading, Unloading, Opening Boxes. The creation of a
loud and excessive noise in connection with loading or unloading
any vehicle or the opening and destruction of bales, boxes, crates,
and containers.
(j) Construction or Repairing of Buildings. The erection
(including excavating), demolition, alteration or repair of any
building other than between the hours of 7 A. M. aEd 6 P. M. on
week days, except in case of urgent necessity in the interest of
public health and safety, and then only with a permit from the
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Building Inspector, which permit may be granted for a period not
to exceed three (31 days or less while the emergency continues and
which permit may be renewed for periods of three days or less while
the emergency continues. If the Building Inspector should determine
that the public health and safety will not be impaired by the erec-
tion, demolition, alteration or repair of any building or the ex-
cavation of streets and highways within the hours of 6 P. N. and
7 A. N., and if he shall further determine that loss or inconvenience
would result to any party in interest, he may grant permission for
such work to be done within the hours of 6 P. N. and 7 A. N. upon
application being made at
ed or during the progress
(k) Schools, Courts,
the time the permit for the work is award-
of the work.
Churches, Hospitals. The creation of
any excessive noise on any street adjacent to any school, institu-
tion of learning, church or court while the same are iE use, or
adjacent to any hospital, which unreasonably interferes with the
workings of such institution, or which disturbs or unduly annoys
patients in the hospital, provided conspicuous signs are displayed
in such streets indicating that the same is a school, hospital or
court street.
(1) Hawkers, Peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and Quiet of the
neighborhood.
(m) Drums. The use of any drum or other instrument or device
for the purpose of attracting attention by creation of noise to
any performance, show or sale.
(n) Metal Rails, Pillars and Columns, Transportation Thereof.
The transportation of rails, pillars or col,~mn~ of iron, steel
or other material, over and along streets and other public places
upon carts, drays, cars, trucks, or in any other manner so loaded
as to cause loud noises or as to disturb the peace and Quiet of
such streets or other public places.
(o) Street Railway Cars, Operation Thereof. The causing, per-
mitting or continuing any excessive, unnecessary and avoidable
noise in the operation of a street railway car.
(~) Pi~e Drivers, Hammers, etc. The operation between the
hours of l0 P. M. and 7 A. M. of any pile driver, steam or gaso-
line shQvel, pneumatic hammer, derrick, steam or electric hois$
or other appliance, the use of which is attended by loud or un-
usual noise.
(q) Blowers. The operation of any noise-creating blower,
power fan or any internal combustion engine, the operation of
which causes noise due to the explosion of operating gases or
fluids, unless the noise from such blower or fan is muffled and
such engine is equipped with a muffler device sufficient to deaden
such noise.
(r) The use of any electrically operated compressor, fan, or
other device between the hours of ll o'clock P. M. and 7 o'clock
A. N. in such a manner as to produce noise or vibration so as to
annoy or disturb the quiet, comfort, or repose of persons in the
area or neighborhood."
SECTION 2. That Section 4270.1½ entitled "Same. Sound Limit."
of Part 7, Chapter 2, Article IV be and the same is hereby repealed.
SECTION 3. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published in three issues of
the Santa Aha Register, a newspaper printed, published, an~ circulated
in the City of Santa Aha and hereby designated for that purpose. This
Ordinance shall take effect 30 days from and after the day on which
it is passed and adopted.
PASSED A~ ADOPTED by the City Council of the City of Santa Ana
at its regular meeting held on the 19~ day of
Januar~ , 1953.
ATTEST~ · CITY'"C?.E~K
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SANTA ANA )
I, ERMA KEELER, do hereby certify that I am the City Clerk
of the City of Santa Aha, and ex-officio Clerk of the City Council
of the City of Santa Ana; that the foregoing Ordinance was regu-
larly introduced and read to the said Council at its
regular meeting held on the _~!~... day of Januar~v , 195~ and
was again read to said Council at its regular meeting
on the l~th day of January , 1955, end was at said meeting
regularly passed and adopted by said Council by the following
vote, to-wit:
AYES,
TRU STEEl:
William Jerome, J.L.MeBride,
Orson M. Hunter, Milford W. Dahl,
Cour~ney R. Chandler~
NOES,
TRUSTEES: None
(SEAL)
TRUSTEES: None
CITY CLERK