Ordinance Number 827314
ORDINANCE NO. 827
AMENDING TITLE 5 OF THE MUNICIPAL CODE TO
ESTABLISH NOISE REGULATIONS RELATING TO DISTURBING THE PEACE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING NOISE REGULATIONS BY ADDING CHAPTER 30 TO TITLE
5 'PUBLIC WELFARE" OF THE MUNICIPAL CODE (DISTURBING THE
PEACE)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Chapter 30, entitled "Noise Regulations," is hereby added to Title 5, 'Public
Welfare," of the Municipal Code to read as follows:
"CHAPTER 30.
Noise Regulations
Section 5-30.01. Specific Noises Prohibited.
The following acts are declared to be loud, disturbing and unnecessary noises in violation
of this section of the Municipal Code:
(a) Radios, Phonographs, etc. The use, operation or permitted use or operation of any
radio receiving set, musical instrument, phonograph or other machine or device for 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 radio receiving set, musical
instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in such
a manner as to be plainly audible at a distance of twenty-five (25) feet from the building, structure,
or vehicle in which it is located shall be prima facie evidence of a violation of this section. In
addition, any sounds from such instruments arising anywhere else on the property in such a manner
as to disturb the peace, quiet, and comfort of the neighboring inhabitants and which is plainly audible
at a distance of twenty-five (25) feet from the property shall be prohibited.
(b) Horns and Loudspeakers. The sounding of any hom, whistle or other device resulting
in unreasonably loud or harsh sound from automobile or motorcycles.
(c) Noise Broadcast Upon Public Streets. The use, operation or permitted use or
operation of any radio receiving set, musical instrument, phonograph, loud -speaker, sound amplifier
or other machine or device for the producing or reproducing of sound which is cast upon the public
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streets for the purpose of commercial advertising or attracting the attention of the public to any
building or structure, except as authorized by the City.
SECTION 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase or
portion of this Ordinance, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of this Ordinance or its application to other persons.
The City Council hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more subsections, subdivisions, sentences, clauses, phrases orportions of the
application thereof to any person, be declared invalid or unconstitutional. No portion of this
Ordinance shall supersede any local, state or federal law, regulation or codes dealing with life safety
factors.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED
ATTEST:
(2 6, e" I " V 2 k
CITY CLERN
AND ADOPTED this 20th day of
GIL JO AYOR
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34S
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, Califorpia,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
827 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on October 6 , 1998, and adopted at a meeting
held on nrtnher 20 , 1998, by the following vote:
AYES: Council Members Greiner, Hart, Campbell and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: Council Member Swerdlin
(SEAL)
CHERYL JOHN96N, CITY CLERK
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