Coronado Municipal Code Ch. 41.06 Authority and Duties of the Noise Control Officer

AUTHORITY AND DUTIES OF THE NOISE CONTROL OFFICER

Sections:

41.06.010 Lead oCcial. 41.06.020 Powers. 41.06.030 Inspections. 41.06.040 Noise sensitive zone recommendations. 41.06.060 Zoning changes. 41.06.070 Duties of the Noise Control OCcer. 41.06.080 Measurement enforcement procedures. 41.06.090 Investigate and pursue violations. 41.06.100 Delegation of authority. 41.06.110 Community Noise Element.

The noise abatement and control program established by this title shall be administered by the Noise Control OMcer, who is the Director of Community Development or a designated appointee.

In order to implement this title and/or the general purpose of noise abatement and control, the Noise Control OMcer shall have, in addition to any other authority vested in him, the power to:

• A. Studies. Conduct or cause to be conducted, studies, research, or monitoring.

• B. Coordination. Coordinate the noise control activities with all municipal departments. In addition, he may consult with any other department or agency responsible for a proposed or Knal standard, regulation or similar action in connection with noise control.

The Noise Control OMcer may, upon presentation of proper credentials, enter and/or inspect any private property, place, report, or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this title may exist. Such inspection may include administration or any necessary tests.

Noise sensitive zones may be set aside to preserve special quiet for hospital, libraries, and selected park and beach areas for public refuge. The Noise Control OMcer may prepare recommendations, to be approved by the City Council, for the designation and posting of said noise sensitive zones.

The following is required prior to the approval of any zone change:

A. Review of the noise impact of the zoning change in connection with existing and projected noise sources and receivers.

B. Approve proposed noise mitigating measures to comply with this title. Said mitigation shall be contained in an acoustical analysis report prepared by an acoustician experienced in land use planning.

In order to eOectively implement and enforce this title, the Noise Control OMcer may, within a reasonable time after the eOective date of the ordinance codiKed in this title, carry out the duties as speciKed under CMC 41.06.080 through 41.06.120.

• A. Promulgate Keld measurement criteria and procedures for eOective enforcement of this title.

• B. Adopt acceptance section for laboratory tests of building materials and assemblies to comply with the provisions of California Administrative Code, Title 25 (Noise Insulation Standards).

• C. Promulgate administrative procedures for eOective enforcement of this title.

Under the provisions of this title, investigate and pursue possible violations of this title.

Delegate functions, where appropriate under this title, to personnel under the Noise Control OMcer and to other departments.

A. Assist in the preparation or revision thereof of the City Noise Element of the General Plan as required by the Government Code, Section 65302(g) following guidelines set forth by the State OMce of Noise Control. The Noise Control OMcer may prepare a report to Council concerning the inLuences the Noise Element will have on City policy on or before 90 days after the eOective date of the ordinance codiKed in this title.

B. Assist in or review the total transportation planning of the community, including planning for new roads and highways, bus routes, and other systems of public transportation, to ensure that proper consideration is taken with regard to the impact of sound levels and that the policies set forth in the Noise Element are adhered to. A report may be prepared by the Noise Control OMcer for Council consideration.

• C. Provide on-going assistance to local agencies and the San Diego Regional Council of Governments (Comprehensive Planning Organization) to develop practical mitigation for urban noise problems.

D. Participate in national programs and organization, seek grants and other subsidies or funds which the City of Coronado may use to ensure continued improvement of its noise control program.