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6020ORDINANCE NO. 6020 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 6.70.010 OF CHAPTER 6.70 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SOUND PRESSURE LEVELS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 6.70.010 of Chapter 6.70 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "6.70.010 ESTABLISHED. "Sound produced in excess of the sound pressure levels permitted herein are hereby determined to be objectionable and constitute an infringement upon the right and quiet enjoyment of property in this City. No person shall, within the City, create any sound, radiated for extended periods from any premises which produces a sound pressure level at any point on the property line in excess of sixty decibels (Re 0.0002 Microbar) read on the A -scale of a sound level meter. Readings shall be taken in accordance with the instrument manufacturer's instructions, using the slowest meter response. The sound level measuring microphone shall be placed at any point on the property line, but not closer than three (3) feet from any wall and not less than three (3) feet above the ground, where the above listed maximum sound pressure level shall apply. At any point the measured level shall be the average of not less than three (3) readings taken at two (2) minute intervals. To have valid readings, the levels must be five (5) decibels or more above the levels prevailing at the same point when the source(s) of the alleged objectionable sound are not operating. Sound pressure levels shall be measured with a sound level meter manufactured according to American Standard S1.4-1961 published by the American Standards Association, Inc., New York City, New York. Traffic sounds, sound created by emergency activities and sound created by governmental units or their contractors shall be exempt from the applications of this chapter. Sound created by construction or building repair of any premises within the City shall be exempt from the applications of this chapter during the hours of 7:00 a.m. to 7:00 p.m. Additional work hours may be permitted if deemed necessary by the Director of Public Works or Building Official." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 11 th day of April, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 25th day of April, 2006, by the following roll call vote: AYES: Mayor Pringle, council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY ffERICOF THE CITY OF ANAHEIM 60964.2 2 CITY OF AHEIM By MAYOR OF THE CITf OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 4, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 4, 2006 J Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp ORDINANCE NO. 6020 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 6.70.010 OF CHAPTER 6.70 OF TITLE 6" OF THE ANAHEIM MUNICIPAL CODE RELATING TO SOUND PRESSURE LEVELS THE CITY COUNCIL OF THE CITY OF ANAHEIM HERE- BY ORDAINS AS FOLLOWS: SECTION 1. That Section 6.70.010 of Chapter 6.70 of Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: °6.70.010 ESTABLISHED. 'Sound produced in excess of the sound pressure levels permitted herein are hereby determined to be objectionable and constitute an infringement upon the right and quiet enjoyment of property in this city. No person shall, within the City, create any sound, radiated for extended periods from any premises which produces a sound pressure level at any point on the property line in excess of sixty decibels (Re 0.0002 Microbar) read on the A -scale of a sound lev- el meter. Readings shall be taken In accordance with the instrurient manufacturer's Instructions, us- ing the slowest meter response. The sound level measuring microphone shall be placed at any point on the property line, but not closer than three (3) feet from any wall and not less than three (3) feet above the ground, where the above listed maximum sound pressure level shall apply. At any point the measured level shall be the avera a of not less than three (3) readings taken at two (2} minute intervals. To have valid readings, the levels must be five (5) decibels or more above the levels prevailing at the same point when the source(s) of the alleged objectionable sound are not operating. Sound pressure levels shall be measured with a sound level meter manufactured according to Ameri- can Standard S1.4-11461 published by the American Standards Association, Inc., New York City, New York. Traffic sounds, sound created by emergency activi- ties and sound created by governmental units or their contractors shall be exempt from the applica- tions of this chapter. Sound created by construc- tion or building repair of arty premises within the City shall.be exempt from the applications of this chapter during the hours of 7:00 a.m. to 7:00 p.m. Additional work hours may be permitted If deemed necessary by the Director of Public Works or Build- ing Official." SECTION 2. SEVERABILITY The Pity Council of the City of Anaheim hereby declares that shouldt any section, paragraph, sentence or word of this ordin$ttce of the Code, hereby adopted, be declared for any reaasson to be invalid, it is the intent at the Council that it wou)d.'have passed all other portions of this ordi- nance independent of the elimination hereirom of any such portion as may be declared Invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of anyother ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The Provislons of this.ordinance, insofar as they are substantial - y the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be con- strued as restatements. and continuations, and not as new enactments. THE FOREGOING ORDINANCE was Introduced at a regular meeting of the City Council of the City of Anaheim held 6h the 11th day of April, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 25th day of April, 2006, by the following roll call vote: AYES: Mayor Pringle, council Members Sidhu, Hernandez, Galloway, Chavez NOES: .None ABSENT: None ABSTAIN: None CITY OF ANAHEIM BByy /s/Curt Pringle MAYOR OF THE CITY. OF ANAHEIM ATTEST: 'Sheryl) Schroeder CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim 6plletin May 4,2006 25.988. 802'hf72:: '