Ord 1651 - AMENDING CHANTER 11 DELETING REGULATION OF ANIMAL NOISE AND ENACTING SECTION 5 -11 RELATING TO NOISY ANIMALSORDINANCE NO. 1651
AN ORDINANCE AMENDING CHANTER 11 DELETING
REGULATION OF ANIMAL NOISE AND ENACTING SECTION 5 -11
RELATING TO NOISY ANIMALS
The Town Council of the Town of Los Gatos hereby ORDAINS:
Section 1.
Section '11.10.065 of Chapter 11 of the Town Code is hereby amended to
read as follows:
Sec. 11.10.065. Make noise.
The phrase "make noise" includes noise made by a person or by a
machine under his or her control.
Cnrtinn 2
Section 11.20.010 of Chapter 11 of the Torun Code is hereby amended to
read as follows:
Sec. 11.20.010. Measurement.
Noise is measured with a meter registering sound level in decibel
units according to the specifications for Type 1, 2, or 2A meters in the
American National Standards Institute Standard S1.4, Specifications for
Sound Level Meters, using "A" weighting and the slow response character-
istic. In this chapter, sound limits are in dBA. For purposes of this
chapter, the noise level is either the continuous measurement or the
repeated peak measurement indicated by the sound level meter.
Cprtinrn 3_
Section 11.30.010 of Chapter 11 of the Town Code is hereby amended to
read as follows:
Sec. 11.30.010. General nighttime noise limits.
Suject to the exceptions in section 11.30.020, in the nighttime no
person shall make noise exceeding the limits in this table:
Receiving Zone
Residential
Residential
14 onresi denti al
Source Zone
Residential
Nonresidential
All
Noise Limit WBA
55
60
65
For the purposes of nighttime limits (with additional provision in
section 11.30.020 concerning noise in streets), noise is measured on the
receiving property. If a different limit is specified in section
11.30.030, no person shall make a noise louder than that limit.
czar t i n n A
Section 11.30.030 of Chapter 11 of the Town Code is hereby amended to
read as follows:
Sec. 11.30.050. Specific nighttime limit exceptions.
Following are specific nighttime noise limit exceptions:
(1) Residential air conditioners., add 5 dBA to night-
time standards (This provision is effective only until
December 31, 1985. ) ;
(2) Publicly owned motor sweepers;
(3) Garbage trucks operating in nonresidential zones;
(4) Garbage trucks operating after six a.m. in residen-
tial zones;
(5) Privately owned motor sweepers operating in non-
residential zones, after six a.m., not making noise louder
than eighty dBA measured twenty -five feet from the source;
(6) Events on public school grounds, before eleven p.m.,
which are part of a public school',s general program and are
approved by the governing board or administration of the school;
(7) Civic events, including charitable events conducted
by private organizations, when the town council has given its
permission and has set noise and time limits for the event;
(8) In public parks and town buildings, private events
with the approval of a town commission, board, or official,
when the approval sets noise and time limits for the event and
is granted under authority delegated by ordinance or town council
resolution.
SArtinn N_
Section 11.30.060 of Chapter 11 of the Town Code is hereby amended to
read as follows:
Sec. 11.30.060.
Specific daytime noise limit exceptions.
Following are the specific daytime noise limit exceptions:
(1) Gardening and yard maintenance equipment, limited to
eighty dBA, measured fifty feet from the source;
tion;
(2) Home power tools other than those listed in this sec-
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(3) Construction work, limited to ninety dBA, measured
fifty feet from the source;
(4) Chain saws, stump routers, and brush clippers, limited
to ninety dBA, measured fifty feet from the source;
(5) Motor sweepers, limited to eighty -five dBA, measured
at twenty -five feet from the source;
(6) Events on public school grounds which are part of a
public school's general program and are approved by the govern-
ing board or administration of the school.
(7) Civic events, including charitable events conducted
by private organizations, when the town council has given its
permission and has set a noise limit for the event;
(8) In public parks and town buildings, private events
with the approval of a town commission, board, or official,
when the approval sets noise and time limits for the event
and is granted under authority delegated by ordinance or town
council resolution;
(9) Garbage trucks.
Section 6.
Section 5 -11 of Chapter 5 of the Town Code is hereby enacted to read
as follows:
Sec. 5.11. Noisy Animals.
The keeping or harboring of any dog, cat or other animal or fowl,
whether licensed or not, which by habitual howling, yelping, barking or
other noise disturbs or annoys any neighborhood or is kept in such an
uncorrected manner that annoys or disturbs any person, is unlawful and is
hereby declared to be a public nuisance.
A violation of this section is an infraction punishable by (1) a fine
not exceeding one hundred dollars ($1UU) for a first conviction; (2) a
fine not exceeding two hundred dollars ($200) for a second conviction of
this section within one year; (3) a fine not exceeding five hundred
dollars ($500) for a third conviction of this section within one year.
After conviction of three or more infractions, the violation becomes a
misdemeanor, punishable by a fine not exceeding $l,ODU or imprisonment in
the County Jail not exceeding six (6) months, or by both.
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In addition to the actions and penalties described herewith the Town
is empowered to abate the nuisance as set forth in Section 1 -18.
;prtinn 7_
This ordinance takes effect 3U days after the date it is adopted.
Within 15 days after this ordinance is adopted, the Town Clerk shall cause
it to be published once in a newspaper of general circulation published
and circulated in the Town.
The above and foregoing Ordinance was duly and regularly introduced at
a regular meeting of the Town Council of the Town of Los Gatos held
on the 8 day of Apr i 1 1985.
PASSED AND ADOPTED as an Ordinance of the Town of Los Gatos,
California at a regular meeting of the Town Council held on the 15
dat of Ap r i 1 1 985 by the following vote:
AYES: COUNCILMEMBERS Terrence J. Daily, Brent N. Ventu
and Mayor Joanne Benjamin
NOES: COUNCILMEMBERS Thomas J. Ferrito
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Eric D. Carlson
SIGNED:
ATTEST:
DEPUTY CLERK U H OW = USA, 0
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