CC 2014-10-28_11.b. Ord Regarding Music or Noise in Comm Districts p,RR0),0
INCORPORATED 9
� Z
JULY 10. 1911
F O RN�P
MEMORANDUM
TO: CITY COUNCIL
FROM: DAVID HIRSCH, ASSISTANT CITY ATTORNEY
SUBJECT: CONSIDERATION OF AN ORDINANCE ADDING SECTION 9.16.072 TO
CHAPTER 9.16 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO MUSIC OR NOISE AFTER 10:00 P.M. IN COMMERCIAL
DISTRICTS
DATE: OCTOBER 28, 2014
RECOMMENDATION:
It is recommended that the City Council introduce an ordinance adding Section 9.16.072
to Chapter 9.16 of the Arroyo Grande Municipal Code adding new regulations relating to
music or noise after 10:00 P.M. in Commercial Districts.
IMPACT TO FINANCIAL AND PERSONNEL RESOURCES:
No immediate financial impacts have been identified by adding the proposed noise
restrictions to the Municipal Code. The Police Department currently responds to
complaints about noise in Commercial Districts and the amendment will provide them
with an additional enforcement tool.
BACKGROUND:
At the August 12, 2014 City Council meeting, a report was presented relating to
complaints that have been received about late evening noise disturbances in the Village
that were primarily related to one of the local drinking establishments. These
complaints primarily involved loud music, although other issues at the location have
included damage to City property outside of the establishment, fights and people yelling.
Based upon staff's recommendation, the City Council directed that several actions be
pursued to address the problems that have been identified. This included developing
an ordinance to prohibit excessive outdoor noise after 10:00 p.m., as well as
amendments to the Municipal Code to provide additional nuisance abatement
provisions. Accordingly, the proposed ordinance has been prepared to amend the
Arroyo Grande Municipal Code to regulate music or noise after 10:00 p.m. in
Commercial Districts. In addition to addressing music or noise coming from non-
enclosed areas, based upon direction from the August 12th City Council meeting
Item 11.b. - Page 1
CITY COUNCIL
INTRODUCTION OF ORDINANCE ADDING SECTION 9.16.072 RELATING TO
MUSIC AND NOISE IN COMMERCIAL DISTRICTS
OCTOBER 28, 2014
PAGE 2
provisions have been included to address such sounds that are audible at adjacent
properties or streets from enclosed areas.
ANALYSIS OF ISSUES:
Chapter 9.16 of the Arroyo Grande Municipal Code contains the City's noise
regulations. The standards for acceptable exterior and interior noise levels contained in
the Code are based upon sound level meter standards that are measured by decibels.
The proposed ordinance would add a new section to Chapter 9.16 entitled "Music or
Noise after 10:00 p.m. in Commercial Districts". This section will provide that
notwithstanding the sound level meter standards in the Code, it is also unlawful to play,
operate or cause to be played or operated any radio, musical instrument or other devise
or apparatus making or reproducing musical or other sounds with or without
amplification within any outdoor, non-enclosed area in Commercial Districts between
the hours of 10:00 p.m. and 7:00 a.m. The ordinance also includes clarifying language
so that the prohibition is not interpreted to prevent the reasonable use and enjoyment of
private residences that are located in Commercial Districts.
In addition, the proposed language also addresses noise that is audible from adjacent
properties or streets from enclosed areas between 10:00 p.m. and 7:00 a.m. All doors
are to be shut and remain shut during such times that the music or other sounds are
being made during the restricted hours.
With regard to the direction to prepare new nuisance abatement provisions, they have
been drafted and take the form of a comprehensive nuisance ordinance relating to legal
nonconforming alcoholic beverage commercial sales establishments that do not have a
conditional use permit. Since they relate to zoning and legal nonconforming issues,
these provisions are proposed to be added to the Development Code and therefore
require public hearings at the Planning Commission and City Council before they can be
adopted. Accordingly, a draft ordinance will be presented at a future Planning
Commission meeting and will thereafter come to the City Council for its consideration.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Introduce the ordinance adding Section 9.16.072 to the Arroyo Grande Municipal
Code adding new regulations relating to music or noise after 10:00 P.M. in
Commercial Districts;
2. Do not introduce the Ordinance; or
3. Provide direction to staff.
ADVANTAGES:
Adoption of the proposed ordinance will provide a new tool to address noise issues in
Commercial Districts in the City that occur late in the evening.
Item 11.b. - Page 2
CITY COUNCIL
INTRODUCTION OF ORDINANCE ADDING SECTION 9.16.072 RELATING TO
MUSIC AND NOISE IN COMMERCIAL DISTRICTS
OCTOBER 28, 2014
PAGE 3
DISADVANTAGES:
No disadvantages with the recommended action are identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, October 23, 2014. The
Agenda and staff report were posted on the City's website on Friday, October 24, 2014.
Item 11.b. - Page 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADDING SECTION 9.16.072 TO
CHAPTER 9.16 OF THE ARROYO GRANDE MUNICIPAL
CODE RELATING TO MUSIC OR NOISE AFTER 10:00
P.M. IN COMMERCIAL DISTRICTS
WHEREAS, the provisions in Chapter 9.16 of the Arroyo Grande Municipal Code
contain standards for acceptable exterior and interior noise levels based upon sound
level meter standards measured by decibels; and
WHEREAS, the City Council has determined that in order to protect persons form
excessive sound created by radios, musical instruments or other devices making or
reproducing musical or other sounds in Commercial Districts in the evening hours, that
additional prohibitions are necessary to supplement the sound level meter standards
contained in Chapter 9.16; and
WHEREAS, such noise prohibitions are necessary and appropriate in order to eliminate
and reduce unnecessary noises that are harmful or otherwise detrimental to the
enjoyment of life and property, and maintenance of business in Commercial Districts.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. Section 9.16.072 hereby added to Chapter 9.16 of the Arroyo Grande
Municipal Code to read as follows
119.16.072 Music or Noise after 10:00 p.m. in Commercial Districts.
Notwithstanding the sound level meter standards described in this Chapter, it is
nonetheless unlawful for any person, entity or establishment to:
a. Non-Enclosed Areas. Play, operate or cause to be played or operated any
radio, musical instrument or other devise or apparatus making or reproducing
musical or other sounds with or without amplification within any outdoor, non-
enclosed area in Commercial Districts between the hours of 10:00 p.m. and 7:00
a.m. This prohibition shall not be interpreted to prevent the reasonable use and
enjoyment of a private residence located in Commercial Districts. As an
example, the listening of music or the television on the porch of a home before or
after the stated hours is not a violation of this Section provided the activity is
conducted in such a manner as to not be plainly audible from any adjacent
property or the centerline of any street or right-of-way.
Item 11.b. - Page 4
ORDINANCE NO
PAGE 2
b. Enclosed Areas. No person, entity or establishment may play, operate or cause
to be played or operated, any radio, amplified or unamplified musical instrument,
or other amplified or unamplified device or apparatus making or reproducing
musical or other sounds in Commercial Districts between the hours of 10:00 p.m.
and 7:00 a.m. when the said sounds emanate from an enclosed structure in such
a manner as to be plainly audible from any adjacent property or the centerline of
any street or right-of-way. When any such devices are operated to make or
reproduce music or other sounds, all doors of any facility or establishment shall
be shut and remain shut during such times that the music or other sounds are
being made.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 3. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 4. This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member , seconded by Council Member and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of , 2014.
Item 11.b. - Page 5
ORDINANCE NO
PAGE 3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 1 1.b. - Page 6