Bcc: 162 Madrone Park Circle, Evergreen and Homestead Valley Neighbors
All,
It has been brought to my attention that at the Nov. 2001 HVCA/MHS meeting Homestead Valley residents complained about the loudness of the Marin Horizon School loud speakers (PA system) and Marin Horizon School children using public easements causing excessive and disruptive noise in the neighborhood through which they were running. Marin Horizon School attendees brushed off the concern.
We are high up on the valley wall and can clearly regularly hear Marin Horizon School's annoying PA system announcing special events and the bellowing of its gym instructor which is carried by the wind or contours of the valley wall.
I recommend that Supervisor Kinsey/Tom Lai, Deputy Director, Community Development Agency, direct Marin Horizon School to cease and desist with its PA system and its students disrupting the peace and quite of its neighbors and to comply with the below county noise ordinnce 6.70.030 (3) or lose it Use Permit.
Charles Sands, Architect, Urban Designer
Sandsconsult Architects
12 Madrone Park Circle,
Mill Valley, CA 94941
415 381 6804
The board of supervisors hereby finds and declares:
(a)
The creation of loud, unnecessary or unusual noises has existed for some time and the extent and volume of such noises is increasing;
(b)
The prolonged continuation of loud, unnecessary, unnatural or unusual noises are a detriment to public health, comfort, convenience, safety, and welfare of the residents of the county in that such noises destroy tranquility, interfere with other lawful activities, and alter the county's environment adversely.
(Ord. 1707 § 1 (part), 1969)
It is unlawful for any person to make, continue, or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health or peace of others.
(Ord. 1707 § 1 (part), 1969)
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but this enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any road or public place, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time;
(2)
Radios, phonographs, jukeboxes, etc. Using, operating, or permitting to be played, used or operated any radio receiving 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 comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty yards from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
(3)
Loudspeakers, amplifiers, etc. Using, operating or permitting to be played, used, or operated of any musical instrument, loudspeaker, sound amplifier, or other machine or device, or combination thereof, for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or location in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such instrument, loudspeaker, sound amplifier, or other machine or device, or combination thereof, between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty yards from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
(4)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on public roads between the hours of eleven p.m. and seven a.m. so as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, hotel or other type of residence in the vicinity.
(5)
Construction Activities and Related Noise.
a.
Hours for construction activities and other work undertaken in connection with building, plumbing, electrical, and other permits issued by the community development agency shall be limited to the following:
i.
Monday through Friday: seven a.m. to six p.m.
ii.
Saturday: 9 am to 5 pm
iii.
Prohibited on Sundays and Holidays (New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.)
b.
Loud noise-generating construction-related equipment (e.g., backhoes, generators, jackhammers) can be maintained, operated, or serviced at a construction site for permits administered by the community development agency from eight a.m. to five p.m. Monday through Friday only.
c.
Special exceptions to these limitations may occur for:
i.
Emergency work as defined in Section 22.130.030 of this code provided written notice is given to the community development director within forty-eight hours of commencing work;
ii.
Construction projects of city, county, state, other public agency, or other public utility;
iii.
When written permission of the community development director has been obtained, for showing of sufficient cause;
iv.
Minor jobs (e.g., painting, hand sanding, sweeping) with minimal/no noise impacts on surrounding properties;
v.
Modifications required by the review authority as a discretionary permit condition of approval.
(Ord. 3431 § 1 (part), 2005; Ord. 1707 § 1 (part), 1969)
Violation of Section 6.70.030(5) of this code is enforceable as an infraction, punishable by fines, or by administrative or civil action, except that failure to obey a directive by a peace or enforcement officer to cease the noise-generating activity shall be a misdemeanor, punishable by fines or jail time or both. In addition, cessation of some or all of the permitted work may be ordered through a stop work order issued by the building and safety division.
(Ord. 3431 § 1 (part), 2005)
No comments:
Post a Comment