Dos Palos Municipal Code § 9.21 Public Peace, Morals and Welfare

A substantial body of science and technology exists which reasons that excessive sound is considered a serious hazard to the public health, safety, welfare, or quality oflife. It is the intent of this city through this chapter to provide a means for noise abatement; and to enable citizens to enjoy the comfort of their homes and property in peace and quiet, without belng subject or subjected to noise or excessive sound.

Noise is any sound which disturbs the ability of any citizen to enjoy the comfort of their home or property in peace and quiet.

Plainly Audible means any sound that can be detected by a person using his or her unaided hearing faculties.

9:21.030 Noise Abatement: All of the following conditions are considered to be noise. It shall be unlawful for any person to create or continue any of the following conditions:

A. Barking Dogs-To harbor or keep any dog which chronically, frequently, or habitually, is loud, or for a long duration, makes vocal or other sounds, such as barks, howls, yelps, or other noises which are plainly audible.

B. Bass-Any fixed, personal, portable, or vehicular, sound amplification or reproduction device in which the detection of the rhythmic bass component of music or sound is sufficient to verify plainly audible sound.

C. Distance-Any fixed, personal, portable, or vehicular, sound amplification or reproduction device, pump, or engine, which is plainly audible more than 25 feet away.

D. Exterior-Any fixed, personal, portable, or vehicular, sound amplification or reproduction device inside a building, residential unit, or vehicle which can be heard outside of said building, residential unit, or vehicle.

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E. Time-Any fixed, personal, portable, or vehicular sound amplification or reproduction device, pump, or engine, which is plainly audible to anyone other than the operator of said device, pump, or engine between the hours of I 0:00 pm and 8:00 am.

F. Tools-Any power tools or landscaping equipment which is plainly audible to anyone other than the operator of said device, tools, or equipment, between the hours of 10:00 pm and 7:00 am.

G. Vehicles-Any pump or engine, including that of any motor vehicle, motorized vehicle or bike, motorcycle, all terrain vehicle, or minibike, 6r similar vehicle, which is plainly audible to anyone other than the operator of said pump, engine, or vehicle between the hours of I 0:00 pm and 8:00 am.

H. Voice-Any loud human voice, screaming, shouting, or yelling which is plainly audible between the hours of 10:00 pm and 8:00 am.

Any person in violation of any of the above conditions may be given one warning to cease and desist from such conditions, at the discretion of'the city official or law enforcement authority.

If after having been warned on one occasion, the condition is found to have continued or resumed, then the violator shall be cited and shall pay a Noise Abatement Fine of$100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense within any 12 month period. If the incident occurs at an owner occupied residential unit, the city may place a lien on said property for failure to pay a Noise Abatement Fine.

Public works and utilities shall be exempt from this chapter. Any dance or event open to the public, conducted at, in, on, or by an association, chamber, club, church, hall, lodge, park, parking lot, school, service organization, street, which has previously obtained a permit from the Chief of Police, shall be exempt from this chapter.

Action: At a regular meeting of the city council held on October 6, 2009, it was moved by Councilmember Kelley and seconded by Mayor pro Tempore Mays to introduce Ordinance 389 with amendments in F. Tools regarding hours; Fines; and exempting utilities. The motion passed 5-0. A public hearing on Ordinance 389 was opened at 7:42 pm. No one requested to speak. The public hearing was closed at 7:43 pm. It was then moved by Councilmember Antonetti and seconded by Councilmember Kelley to waive the first reading of Ordinance 389. The motion passed 5-0.

Next, at a regular meeting of the city council held on October 20, 2009, it was moved by Councilmember Kelley and seconded by Councilmember Thompson to waive the second reading of Ordinance 389 as amended. The motion passed 5-0. A second public hearing was opened at 6:41 pm. Joe Lerner asked for clarification regarding the reading of the

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ordinance and the length of time required for action. A written copy was provided and Chief of Police Barry Mann responded that the violation must occur in the presence ofan officer or a victim. Mayor pro Tern Johnny Mays asked for a clarification as to the meaning of habitual. Chief Barry Mann answered "on more than one occasion." No one else requested to speak. The public hearing was closed 6:45 pm. It was then moved by Councilmember Kelley and seconded by Councilmember Antonetti to Adopt Ordinance 389. The motion passed 5-0 by the following votes to wit: A YES: Burns, Mays, Kelley, Antonetti, and Thompson. NOES: None. ABSENT: None ABSTENTIONS: None. Ordinance 389 shall become effective on November 26, 2009. SIGNED: x/Michael Burns, 25th Mayor of the City of Dos Palos. 11 City Clerk.xiJosefina Rodriguez, I t II

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9.24.010

V. Offenses Against Property any cultivated area or any ground prepared for the
planting of grass, plants, trees or shrubbery in any
Chapter 9.24 public park or ground in the city shall be guilty of
a misdemeanor. (Ord. 257 § 3, 1982)
CITY PARK RULES*
9 .24.040 Riding or leading animals in

Sections: public parks.

plots, etc. than upon the roadways therein shall be guilty of a

public parks. The chief of police or his/her authorized represen-

any or all of the park rules stated in the aforesaid

• For statutory provisions for control of public parks by a board of sections. (Ord. 257 § 5, 1982) commissioners, see Public Resources Code § 5181. Prlor onllnance histoiy: Ord. 163 Cb. 2 §§ I - 4.

It is unlawful for any person to be in any city park between the hours of eleven p.m. and five a.m. of the following day without having received a permit to do so from the chief of police or his/her authorized representative. Any person who violates this section shall be guilty of a misdemeanor. (Ord. 350 (part), 1999; Ord. 257 § 2, 1982)

etc. Any person who shall in any manner injure any tree, plant, shrub, grass plot or grass growing in or upon any of the public parks or grounds, or pick flowers or fruit from any growing vine, bush, tree, plant or shrub in any of the public parks or grounds in the city shall be guilty of a misdemeanor. (Ord. 257 § 3, 1982)

9 .24.030 Driving motor vehicles on grass plots, etc. Any person who shall by means of a motor or other vehicle of any kind whatsoever, or in any manner whatsoever, drive upon any grass plot, grass, plant or shrubbery growing in any of the public parks or grounds in the city, or in or upon

141 (Dos Palos 9~98)

9.26.010