Manhattan Beach Municipal Code Ch. 5.48 Noise Regulations

In order to control unnecessary, excessive, and annoying noise in the City of Manhattan Beach, it is hereby declared to be the policy of the City to prohibit such noise generated from or by all sources as specified in this ordinance.

It shall be the policy of the City to maintain and preserve the quiet atmosphere of the City, to implement programs aimed at retaining ambient noise levels throughout the City, and to mitigate noise conflicts. It is determined that certain noise levels are detrimental to the public health, welfare and safety, and are contrary to the public interest. Therefore, creating, maintaining, causing, or allowing to be created, caused, or maintained, any noise in a manner prohibited by the provisions of this chapter is a public nuisance and shall be punishable as such.

(Ord. 1875, eff. June 3, 1993, as amended by § 6, Ord. 1957, eff. December 5, 1996)

Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined in this section.

All terminology used in this chapter not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, phrases, and terms as used in this chapter shall have the meanings as follows:

"Ambient noise" means the composite of all noise from sources near and far, excluding the alleged intrusive noise source. The ambient noise constitutes the normal or existing level of environmental noise at a given location.

"Amplified sound" means any increase of sound above ambient noise levels by the use of electronic equipment.

"A-weighted noise level" means the noise level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated in dBA.

"Commercial property" means a parcel of real property which is zoned and used entirely, or partially, for commercial purposes.

"Construction" means any site preparation, assembly, erection, substantial repair, alteration, or similar action, or related services or activities, for or of private property, structures, utilities, or public rights-of-way.

"Cumulative" means an additive period of time composed of individual time segments which may be continuous or interrupted.

"Decibel" means a unit for measuring the amplitude of noise, equal to twenty (20) times the logarithm to the base of ten (10) the ratio of the pressure of the noise measured to the referenced pressure, which is twenty (20) micropascals.

"Dominant noise source" means the most significant source of noise at a given location which is identifiable by the officer.

"Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

"Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

"Equivalent noise level (LEE)" means the constant noise level that, in a given situation and time period, contains, the same acoustic energy as the actual time-varying A-weighted noise level.

"Fixed noise source" means a stationary device which creates noise while in a fixed or stationary position including, but not limited to, industrial and commercial machinery and equipment, pumps, fan compressors, generators, air conditioners, and refrigeration equipment.

"Impulsive noise" means a noise of short duration usually of high intensity with an abrupt onset and rapid decay. Impulsive noise sources include but are not limited to impact wrenches, pneumatic hammers, hammering devices, explosions, fire arms and other similar noise sources.

"Industrial property" means a parcel of real property which is zoned and used entirely for industrial purposes.

"Intrusive noise" means that alleged offensive noise which exceeds the existing ambient noise at a given location.

"Mobile noise source" means any noise source other than a fixed noise source.

"Noise" means an unwanted sound which is generally random in nature.

"Noise disturbance" means any noise which, as judged by a City employee or contractor that annoys or disturbs a reasonable person or exceeds the standard set forth in this chapter. Compliance with the quantitative standards as listed herein shall constitute elimination of a noise disturbance.

"Noise level" means the sound pressure level as measured with a sound level meter.

"Noise level (LNG)" means that noise level expressed in decibels which exceeds the specified (LNG) value as a percentage of total time measured. For instance, an L25 noise level means that noise level which is exceeded twenty-five percent (25%) of the time measured.

"Person" means any individual, firm, association, partnership, joint venture or corporation and includes any officer, employee, department, agency, or instrumentality of a State or political subdivision of a State.

"Pitch" means the frequency of a noise.

"Public right-of-way" means any street, parkway, trail, public way, sidewalk, bike path, or alley or similar place which is owned or controlled by a governmental entity.

"Pure tone" means any noise which is judged as audible as a single pitch or a set of single pitches. Pure tones include, but are not limited to, noise from whistles, bells, fans and other mechanical devices that emit audible tones.

"Real property boundary" means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one (1) person from that owned by another person or a public right-of-way.

"Residential property" means a parcel of real property which is zoned and used either in part or in whole for residential purposes.

"Sound" means a pressure oscillation in air which is capable of evoking the sensation of hearing.

"Sound amplifying equipment" means any device for the amplification of the human voice, music, or any other sound, excluding automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

"Sound level meter" means an instrument, including a microphone, amplifier, output meter, and frequency weighing networks for the measurement of noise levels, which satisfies the requirements pertinent for Type 2A meters in American National Standards Institute specifications for sound level meters, S1.4-1983, or the most recent revision thereof.

"Sound truck" means any motor vehicle, or any other vehicle, except public health and safety vehicles, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound amplifying equipment.

"Weekday" means any day, Monday through Friday, which is not a City-specified holiday.

(Ord. 1875, eff. June 3, 1993, as amended by § 6, Ord. 1957, eff. December 5, 1996)

No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. The following actions, and the causing or permitting thereof, are prohibited and are declared to be in violation of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

A. It is prohibited for any person to offer for sale, selling anything, or advertise by shouting or outcry within any area of the City. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, or other similar licensed public entertainment events.

B. It is prohibited for any person to operate a horn or bell or similar signaling device on a lunch truck within a residential area.

(§ 6, Ord. 1957, eff. December 5, 1996)

Any animal or fowl which emanates sound or outcry in an excessive, continuous, or untimely fashion, shall be considered a public nuisance and is subject to Section 5.01.280 of this title.

(§ 6, Ord. 1957, eff. December 5, 1996)

Editor's note— Ord. No. 16-0020, § 2, eff. November 19, 2016 repealed § 5.48.060. Former § 5.48.060 pertained to construction prohibitions and derived from Ord. 1957, eff. December 5, 1996; Ord. 2004, eff. August 5, 1999; and Ord. 2079, eff. January 6, 2006.

A. It is prohibited for any person to intentionally sound or permit the sounding outdoors of any electronically-amplified signal from any stationary bell, chime, siren, whistle, or similar device intended primarily for non-emergency purposes, from any place, for more than fifteen (15) seconds in any hour.

B. It is prohibited for any person to operate or permit the operation of a horn or bell or any other signaling device on a parking lot sweeper.

C. Church bells and chimes sounding at a church site shall be exempt from the provisions of this section.

(§ 6, Ord. 1957, eff. December 5, 1996)

A. It is prohibited for any person to intentionally sound or permit the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing as provided in subsection B of this section.

B. The testing of a stationary emergency signaling device shall not occur except between 7:00 a.m. and 7:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. The testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month.

C. It is prohibited for any person to sound or permit the sounding of any exterior audible burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within fifteen (15) minutes after activation.

(§ 6, Ord. 1957, eff. December 5, 1996)

A. It is prohibited for any person to operate or permit the operation of any power saw, sander, drill, grinder, or similar tool, or pneumatic or other air-powered tool, except between 7:30 a.m. and 10:00 p.m. so as to be audible at or beyond the property line where the tool is located.

B. It is prohibited for any person to operate, or permit the operation of any internal combustion-powered lawn mower or other power-operated lawn maintenance tool within the City, except during the hours of 8:00 a.m. to 8:00 p.m., Monday through Friday, and except during the hours of 9:00 a.m. to 8:00 p.m. on Saturday, Sunday, and City-specified holidays, or as provided by Sections 5.48.275 and 5.48.330 of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996, as amended by § 3, Ord. 1986, eff. October 15, 1998)

It is prohibited for any person to operate any refuse collection vehicle except between the hours of 7:30 a.m. and 6:00 p.m. in a residential area; except that the City's refuse collection contractor shall be permitted to operate during the hours specified in the City-approved contract, provided that noise levels do not exceed the exterior noise standards described in Section 5.48.160 of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

It is prohibited for any person to permit the transmission of, or cause to be transmitted, any amplified sound on any public street, sidewalk, alley, right-of-way, park, or any other public place or property which sound is audible at fifty feet (50′). This section shall not apply to any noncommercial public speaking, public assembly, or other activity for which a permit has been issued.

(§ 6, Ord. 1957, eff. December 5, 1996)

It shall be prohibited for any person, other than personnel of law enforcement and government agencies, to permit the transmission of, or cause to be transmitted, any amplified sound on any public street, sidewalk, alley, right-of-way, park, or any other public place or property, without first filing an application and obtaining a permit as set forth in this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

A. Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

1. The level of the noise;

2. Whether the nature of the noise is usual or unusual;

3. Whether the origin of the noise is natural or unnatural;

4. The level and intensity of the background noise if any;

5. The proximity of the noise to residential sleeping facilities;

6. The nature and zoning of the area within which the noise emanates;

7. The density of the inhabitation of the area within which the noise emanates;

8. The time of the day and night the noise occurs;

9. The duration of the noise;

10. Whether the noise is recurrent, intermittent or constant;

11. Whether the noise is produced by a commercial or noncommercial entity;

12. Whether the noise occurs on a weekday, weekend, or holiday.

B. The City may issue a citation against the person, persons, or entity responsible for the noise including, but not limited to, the property owner or business operator on whose premises the noise originates.

(§ 6, Ord. 1957, eff. December 5, 1996)

Every user of sound amplifying equipment on public or private property shall file an application with the Chief of Police at least ten (10) days prior to the date on which the sound amplifying equipment is to be used.

A. Restrictions. The commercial and non-commercial use of sound amplifying equipment shall be subject to the following restrictions:

1. The only sounds permitted shall be either music or human speech, or both.

2. The operation of sound amplifying equipment shall occur only between the hours of:

8:00 a.m. through 8:00 p.m. Monday through Thursday;

8:00 a.m. through 11:00 p.m. Friday;

10:00 a.m. through 11:00 p.m. Saturday;

10:00 a.m. through 8:00 p.m. Sunday and City specified holidays.

Exempt from these hours of operation are those activities which are authorized by the City of Manhattan Beach or the public school districts serving the residents of the City, including the use of the Civic Center facilities, athletic fields and courts, community centers, and the conduct of City approved special events.

3. Notwithstanding the provisions of this chapter, sound amplifying equipment shall not be operated within one hundred (100′) feet of churches, schools during school hours, hospitals, or City buildings during normal business hours.

4. Individuals or locations may only be granted up to two amplified sound permits in any one calendar year.

B. Contents of the Application.

1

The name, address, and phone number of both the owner and the user of the sound amplifying equipment;

2. The address where the sound amplifying equipment will be used;

3. The dates and times the sound amplifying equipment will be used;

4. The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment;

5. The license and motor number if a sound truck is to be used;

6. A general description of the sound amplifying equipment which is to be used;

7. Whether the sound amplifying equipment will be used for commercial or non-commercial purposes;

C. Fees. Prior to the issuance of the permit, a fee established by the City Council shall be paid to the City.

D. Approval of Permit. The Chief of Police or his designee shall approve the application unless he finds that:

1. Use of the equipment would constitute a detriment to traffic safety;

2. The issuance of the permit would be otherwise detrimental to the public health, safety or welfare;

3. The issuance of the permit will substantially interfere with the peace and quiet of the neighborhood or the community;

4. The applicant would violate the provisions of this Code or any other law.

E. Disapproval of Permit. In the event the permit application is declined, the Chief of Police or his designee shall state the reason(s) for disapproval and return the written disapproval to the applicant.

F. Right of Appeal. Any person whose permit application is disapproved may appeal to the City Council within ten (10) calendar days from the date of notification of decision.

(§ 6, Ord. 1957, eff. December 5, 1996, as amended by § 2, Ord. 2107, eff. November 16, 2007)

A. The following exterior noise level standards unless otherwise specifically indicated, shall apply to all receptor properties within a designated noise zone. The LEE method (Table 6) or the LNG method (Tables 1 through 5) may be utilized at the option of the investigating City employee or contractor.

B. Unless otherwise herein provided, no person shall operate or cause to be operated, any source of noise at any location within the City, or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which causes the noise level when measured on any other property to exceed the standards in Tables 1 through 6 of this section.

Table 1

Exterior noise standard which may not be exceeded for a cumulative period of more than thirty (30) minutes in any hour—L50

If the thirty (30) minute per hour ambient level (L50) exceeds the level in Table 1, then the ambient L50 becomes the exterior noise standard which may not be exceeded for a cumulative period of more than thirty (30) minutes in any hour.

Table 2

Exterior noise standard which may not be exceeded for a cumulative period of more than fifteen (15) minutes in any hour—L25

If the fifteen (15) minute per hour ambient level (L25) exceeds the level in Table 2, then the ambient L25 becomes the exterior noise standard which may not be exceeded for a cumulative period of more than fifteen (15) minutes in any hour.

Table 3

Exterior noise standard which may not be exceeded for a cumulative period of more than five (5) minutes in any hour—L8

If the five (5) minute per hour ambient level (L8) exceeds the level in Table 3, then the ambient L8 becomes the exterior noise standard which may not be exceeded for a cumulative period of more than five (5) minutes in any hour.

Table 4

Exterior noise standard which may not be exceeded for a cumulative period of more than one (1) minute in any hour—L2

If the one (1) minute per hour ambient level (L2) exceeds the level in Table 4, then the ambient L2 becomes the exterior noise standard which may not be exceeded for a cumulative period of more than one (1) minute in any hour.

Table 5

Exterior noise standard which may not be exceeded for any period of time—L0

If the maximum ambient noise level (L0) exceeds the level in Table 5, then the ambient L0 becomes the exterior noise standard which may not be exceeded for any period of time.

Table 6

Exterior equivalent noise standard—LEE

If the ambient LEE exceeds the level in Table 6, then the ambient LEE becomes the exterior noise standard.

C. The ambient noise shall be measured at the same location as the measurement of the alleged intrusive noise with the alleged intrusive noise source not operating. If the operator of the alleged intrusive noise source cannot or will not stop the operation of the alleged noise source then the total noise level measured by the City employee or City's contractor shall be considered to be the alleged intrusive noise if in the opinion of the officer the alleged intrusive noise is the dominant noise sources at the measurement location.

D. If the ambient noise level is measured by stopping the operation of the alleged intrusive noise source, then the alleged intrusive noise source shall be determined by subtracting a value from the total noise level measured at the same location with the alleged intrusive noise source in operation. The values in the following table shall be utilized to determine the intrusive noise level based on the amount by which the noise level decreases when the noise source is turned off.

E. Correction for Character of Sound. For any source of noise which emits a pure tone or contains impulsive noise, the noise standards as set forth in this section shall be reduced by five (5) dB. Examples of impulsive noise include fire alarms, hammering operations, impact wrenches, and other mechanical devices that produce noise levels with a quick onset and delay. Examples of pure tone noises include whistles, bells, and other mechanical devices that emit a tone that is distinguishable by the City employee or contractor.

F. If the measurement location is on a boundary between two (2) different land use classifications, the noise level limit applicable to the more restrictive land use classification plus five (5) dB, shall apply.

(§ 6, Ord. 1957, eff. December 5, 1996)

A. The following interior noise levels for common wall residential dwellings shall apply, unless otherwise specifically indicated, with windows open or closed.

1. Prohibition. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit within the same building to exceed the standards in Table 7 through 9 of this section.

Table 7

Interior noise standard which may not be exceeded for a cumulative period of more than five minutes in any hour—L8.

If the five (5) minutes per hour ambient level (L8) exceeds the level in Table 7, then the ambient L8 becomes the interior noise standard which may not be exceeded for a cumulative period of more than five (5) minutes in any hour.

Table 8

Interior noise standard which may not be exceeded for a cumulative period of more than one minute in any hour—L1.

If the one (1) minute per hour ambient level (L2) exceeds the level in Table 8, then the ambient L2 becomes the interior noise standard which may not be exceeded for a cumulative period of more than one (1) minute in any hour.

Table 9

Interior noise standard which may not be exceeded for any period of time—L0

If the maximum ambient noise level (L0) exceeds the level in Table 9, then the ambient L0 becomes the interior noise standard which may not be exceeded for any period of time.

(§ 6, Ord. 1957, eff. December 5, 1996)

The emission of noise for the purpose of alerting persons to the existence of an emergency or the emission of noises in the performance of emergency work is exempted from the provisions of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

Warning devices necessary for the protection of public safety, as for example fire, police, and ambulance sirens, including the testing of such devices, are exempted from the provisions of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

Permitted activities conducted on public playgrounds and public or private school grounds including but not limited to school athletic and entertainment events are exempted from the provisions of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

All trash collection activities in residential areas within the City are exempted from the provisions of this chapter except as prohibited in Section 5.48.110. Trash collection activities in commercial areas, except City contracted services are not exempted from the provisions of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

Public works activities, City maintenance projects and city street projects are exempted from the provisions of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

Public utilities operating under the authority of the Public Utilities Commission are exempted from the provisions of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

Residential lawn and garden maintenance activities are exempted from the provisions of this chapter except as prohibited in Sections 5.48.100 and 5.48.330.

(§ 6, Ord. 1957, eff. December 5, 1996, as amended by § 3, Ord. 1986, eff. October 15, 1998)

Construction activity as defined in Section 9.44.010 is exempt from the provisions of this chapter except as provided in Chapter 9.44.

(§ 6, Ord. 1957, eff. December 5, 1996; § 4, Ord. No. 16-0020, eff. November 19, 2016)

Activities required for operations, maintenance, and employee training which are initiated by the City of Manhattan Beach.

(§ 6, Ord. 1957, eff. December 5, 1996)

Noises emanating from animals and fowl are exempted from the provisions of this chapter except as prohibited in Section 5.48.050.

(§ 6, Ord. 1957, eff. December 5, 1996)

All landscape maintenance activities (including steam-cleaning) for a site over five (5) acres which are expressly permitted by a landscaping maintenance plan which has been approved by the Director of Community Development are exempted from the provisions of this chapter except for the provisions of Section 5.48.330 of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996, as amended by § 3, Ord. 1986, eff. October 15, 1998)

Upon the receipt of a complaint, a City employee or City's agent equipped with a sound level meter may investigate the complaint. The investigation, at the discretion of the City employee or City's contractor shall consist of a measurement and the gathering of data to adequately define the noise problem and may include, but not be limited to, the following:

A. The type of the noise source;

B. The location of the noise source relative to the complainant's property;

C. The time period during which the noise source is considered by the complainant to be intrusive;

D. The total duration of the noise produced by the noise source; and

E. The date and time of the noise measurement survey if one is conducted.

(§ 6, Ord. 1957, eff. December 5, 1996)

A. The A-weighting scale shall be used. The sound level meter shall be mounted on a tripod and noise level shall be measured at a position or positions along the complainant's property line closest to the noise source or at the location along the boundary line where the noise level is at a maximum.

An alternate location may be utilized within the property of the complainant if in the opinion of the City employee or agent, the intrusive noise is greater at that location.

B. The microphone shall be located at a minimum of five feet (5′) above the ground, ten feet (10′) or more from the nearest large reflective surface (other than the ground) where possible. However, in those cases where another elevation is deemed appropriate by the City employee or City's agent the latter may be utilized.

C. If the noise complaint is related to interior noise levels, interior noise measurements may be made within the affected residential unit. The measurement shall be made at a point at least four feet (4′) from the wall, ceiling, or floor nearest the noise source with the windows open or closed at the option of the unit occupant.

D. The sound level meter shall be calibrated prior to measurement following the meter manufacturer's recommendations with an acoustical calibrator or a piston phone calibrator. Single-tone calibrators operating at one thousand (1,000) Hz shall be acceptable. The sound level meter shall be calibrated following any measurement period. Any measurements made between two (2) subsequent calibration checks that differ by more than one (1) dB shall not be considered valid.

E. A windscreen shall be utilized with the sound level meter in accordance with the meter manufacturer's recommendations. No noise measurements shall be made during periods in which the steady wind speed exceeds twelve (12) mph. No noise measurements shall be made during periods of precipitation.

F. The receiving microphone shall be oriented with respect to the noise source in accordance with the recommendations of the manufacturer of the sound level meter.

(§ 6, Ord. 1957, eff. December 5, 1996)

Any noise exceeding the noise level limits for a designated noise zone as specified in this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

(§ 6, Ord. 1957, eff. December 5, 1996)

Editor's note— Ord. No. 16-0020, § 3, eff. November 19, 2016 repealed § 5.48.310. Former § 5.48.310 pertained to penalties for violations of noise regulations and derived from Ord. 1957, eff. December 5, 1996.

The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter which causes or creates noise levels exceeding the allowable limits as specified, shall be deemed a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person from injury or damage arising from any violation of this chapter or from other law.

(§ 6, Ord. 1957, eff. December 5, 1996)

A. Defined. Whenever used in this Code, the words "mechanical blower" shall refer to a portable device which is used, designed or operated to produce a current of air by mechanical, electrical or other means to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris.

B. Prohibited. Use of mechanical blowers for any purpose shall be prohibited.

C. Enforcement. Violation of this section shall be punishable as described in Chapter 1.04 of this Code.

(§ 6, Ord. 1957, eff. December 5, 1996, as amended by § 2, Ord. 1986, eff. October 15, 1998, and § 1, Ord. 2153, eff. October 20, 2011)

It shall be unlawful to conduct or hold in any residence any party, dance or other social gathering at which live or recorded music is provided, which is open to the general public and: (1) for which admission is charged, or (2) for which brochures, posters, or handbills are posted or distributed in any way or any other type of advertising is published or broadcast, or (3) for which a charge is made for refreshments. This section shall not apply to functions organized by an organization qualified as tax exempt under 26 USC Section 501 or a Political Action Committee ("PAC") or Campaign Committee as defined in State or federal law for a charitable, religious or political purpose. Violation of this section shall be punishable as a misdemeanor.

(§ 2, Ord. 2092, eff. November 3, 2006)