HomeMy WebLinkAbout4/4/2007 - STAFF REPORTS - 00 ' 11.74.031 Noise level limit.
The noise level or sound level referred to in this section shall mean the higher of the
following:
(1) Actual measured ambient noise level; or
(2) That noise level limit as determined from the table in this subsection:
Zone Time Sound Level (A-
weighted)
Decibels
Residential 7 a.m.to 6 p.m. 50
Low Density 6 p.m. to 10 p.m_ 45
10 p.m, to 7 a.m. 40
Residential 7 a.m. to 6 p.m. 60
High Density 6 p.m. to 10 p.m. 55
If the measurement location is on a boundary between two different zones, the noise
level limit applicable to the lower noise zone plus five dB shall apply. (Ord. 1167 § 1
(part), 1982)
11.74.033 Noise measurement procedure.
Upon receipt of a complaint from a citizen, or a request to investigate, the
enforcement agent, equipped with sound level measurement equipment, may investigate
the complaint. The investigation shall consist of measurement(s) and the gathering of
data to adequately define the noise problem and shall include the following:
(a) Type of noise source;
(b) Location of noise source relative to complainant's property;
(c) Time period during which noise source is considered by complainant to be
intrusive;
(d) Total duration of noise produced by noise source;
(e) bate and time of noise measurement survey.
(Ord. 1167 § 1 (part), 1982) r '
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11.74.040 General guidelines.
i
Notwithstanding the provisions of Sections 11.74.030 through 11.74.035, it shall be
I unlawful for any person to make, continue, or cause to be made or continued, within the
limits of the city, any loud, unnecessary or unusual noise which causes discomfort or
annoyance to any reasonable person of normal sensitiveness residing in the area.
The characteristics and conditions to be considered in determining a violation of the
provisions of this section include, but are not limited to the following:
(1) The intensity of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) The level and intensity of the background noise;
(4) The proximity of the noise to sleeping facilities;
(5) The nature and zoning of the area within which the noise emanates;
(6) The density of habitation of the area within which the noise emanates;
(7) The time of the day or night the noise occurs;
(8) The duration of the noise;
(9) Whether the noise is recurrent, intermittent, or constant; and
(10) Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 1167 § 1 (part), 1982)
11.74.052 'Violation—Infraction.
Any person violating any provision of this chapter shall be guilty of an infraction for
the first instance of any such violation. (Ord. 1409 § 1 (part), 1992: Ord. 1167 § 1 (part),
1982)
Appendix C
Decibel Scale of Common Sounds
EXAMPLE NOISE LEVELS IN DECIBELS
Noise Source Decibel Level Noise Effect
Jet takeoff (25 M) 150 Eardrum rupture
Aircraft carrier deck 140 Earphones at high
level
Jet takeoff (100 M) 130
Thunderclap, live rock music, 120 Human pain
threshold
Chain Saw 110
Steel Mill, Riveting, auto horn
at 1 M
Jet takeoff (305 M), outboard 100 Serious hearing
motor, power lawn mower, damage (8 hrs)
motorcycle, farm tractor,
jackhammer, garbage truck
Busy urban street, diesel truck, 90 Hearing damage
food blender (8 hrs)
Garbage disposal, dishwasher, 80 Possible hearing
average factory, freight train damage
(15 M)
Freeway traffic at 15 M, 70 Annoying
vacuum cleaner
Conversation in restaurant, 60
office, background music
Quiet suburb, conversation 50 Quiet
at home
Library 40
Quiet rural area 30
Whisper, rustling leaves 20 Very Quiet
Breathing 10
0 Threshold of
hearing
93 Dangerous Decibele Teacher Resourm Guide www.dangerou decibels.org
0 Oregon Museum or Science and 7nduslry,2005
INSTRUCTIONS FOR 1360 RACQUET CLUB DR., PALM SPRINGS
1-760-322-1990
See enclosed map for location of house:
From HWY I I I you need to turn left at Racquet Club Drive
Go approximately 1 mile
The house is on the left side
Recognizable by the fire hydrant in front
If you get to Hermosa,;�� You've goue too far. Turn around.
Sun rrse
The key is in a lock box on the patio fence, (not the gate)the corubo�Then press the
lease bring your own towels and linens or there will be a char
:r - (2 king and 2 queen beds) r)r
lO There; ` ore instructions in the house. Please follry them carefully, �• i
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�oaatpil � :E�t`hrat The spa is o pc mans.n umber ys d :13 I '�
�.,.-. r+ r � Yr.xa"., ;,..%yz['1-T. '�•�: T)9�" G�.. s _�nrc: y • Y
riday,._ the day,
In
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C7. �{tei"11'ptn`'`�S�S�g6�0
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Pleaselclean up, vacuum is in the kitchen closet at► 61 cleats jg sink.
4.'t ti
Put alb I arbage in plastic bags and-put tiler out by n, box bathe_ y. y
W.T
Pickup is on Monday and Thursday. `
F ht
Please remember lounge pads and umbrella should,beput in',M _we�lea
r �
Please emptpdhe dishwasher so next people can find the d1s4B j ,y-; ;'•4j
c �k the DEADBOLT an fr dQffir.
r or it may open wherik-lvu',r '
A W
OR IF IN PALM SPRINGS CALL
ENJOY YOUR STAYAND COME AGAIN!
THANK YOUBILL & SUE
THE CALIFORNIA GENERAL PLAN GLOSSARY
Drafted by Naphtali H.Knox,AICP
Contributions by J. Laurence Mintier, AICP
Edited by Charles E. Knox,AICP, and Naphtali H. Knox, AICP
Residential
Land designated in the City or County General Plan and zoning ordinance
for buildings consisting only of dwelling units. May be improved, vacant,
or unimproved. (See "l�wellina Unit.")
Dwelling Unit
A room or group of rooms (including sleeping, eating, cooking, %nd
sanitation facilities, but not more than one kitchen), which constitutes an
independent housekeeping unit, occupied or intended for occupancy by
one household on a long-term basis.
Nuisance
Nuisance has historically meant, as noted in Blackstone's Commentaries,
"anything that unlawfully worketh hurt, inconvenience or damage."A
public nuisance means, according to Blackstone, such an inconvenience or
troublesome offense as annoys the whole community in general, and not
merely some particular person. A law dictionary published before the last
half-century of increasing litigiousness, observed,"The exact amount of
annoyance or inconvenience necessary to constitute a private nuisance has
never been settled. In general terms,the injury should cause an
inconvenience `materially interfering with the ordinary comfort,
physically, of human existence; not merely according to elegant or dainty
modes and habits of living,but according to plain, sober, and simple
notions.'
1.01.165 Vio ations—A,pu -ic nuisance.. -- - ------------- ,
Any violation of the Palm Springs Municipal Code is a public nuisance. (Ord. 1260
§ 1, 1986)
I
I
1360 Racquet Club
Destination Resort and Water Park
January: Workers erect sun shade awning and continent that every thing is labeled
and that they have never seen labeling before at any other home.
Feb 16-18 Quiet workers arrive, the owners? Blast us with flood light.
Feb 23-25 Quiet workers arrive, the owners? Blast us with flood light.
March 9, 07
Families arrive and turn kids loose. Screaming kids in pool till 8 pm
March 10, 07
At 7 am kids allowed in pool screaming and yelling. Awakened from sound
sleep,call PSPD@ 7.20am. Things quieted down until mid-morning when the
pool party started up again and continued all day until 8pm.
March 11, 07
Kids again allowed out early, screaming and splashing waking up the neighbors at
6am. Neighbors didn't call PSDP. Before leaving, someone from one of the two
pickups threw a lemon at our house. (The Expedition had left.)
March 16, 07
Families arrive at 5:45pm. By 6:05pm all kids screaming and jumping in pool.
By 6:1 Opm quiet dinner outside, by backyard neighbors, has to be taken inside as
normal conversation over the noise of children impossible to continue_ The
screaming children continue to play until 8pm. Adults in hot tab until 9-9:30pm.
March 17, 07
Children play noisily in pool from 2:30pm-4:30pm.
March 18, 07
The weekend renters leave on Sunday morning.
March 23, 2007
Dog barking alerts us to the fact that the weekenders have arrived at 3:30pm.
March 24, 2007
Owners? Driving brand new Lincoln. Teenager cuts palm fronds, stands on the
rickety fence to do so. Over heard the adult ask what our yard looks like. Teenager
describes it in detail. Dog barks intermittently through out the entire day. Owners of dog
harshly tell it to be quiet, dog obviously not trained.
March 25, 2007
Early morning departure,gone before 9:20am.
March 28, 2007
Water park resort begins at I lam and continues through out the entire day until
7:30 in the evening. Their pool is less than 20 feet from our bedroom. Having had a
death in our immediate family, rest desired,but impossible with water resort in full swing
less than 20 feet from bedroom. No rest received. 8:20pm loud talking in the hot tub.
Could be heard over the TV inside the house with doors and windows shut. Coutinued
until 9:15pm.
March 29, 2007
Again children enter pool at I lam and noise continues through out the day and
into the evening. Finally, at I Ipm we call the police. The responding officers
arrive at our house at 11:30pm. Officers are extremely reluctant to go tell these folks that
it is the law of no noise after lOpm. Officers state, after looking over the fence;that it
looks just like a family with an older couple,younger couple and kids and it is spring
break. I mention that it isn't our spring break and we have to be up at Sam, leaving less
than six hours for sleep, if we could get to sleep over the noise. Officer comments
that is more sleep than he gets. I don't care how much sleep the office does or does not
get. I require more than 5-6 hours per night. Officers suggest that we might want to
make a citizen's arrest for"disturbing the peace". After Dave asks for officers for their
cards, which they didn't have,the officers call in to get an incident number, fill out
their forms and head over give these folks a written notice to quiet down.
March 30, 2007
Kids out from 2:30pm until 7:30pm. Adults take over hot tub talking loudly only
12 feet from our bedroom. Quiet by 1 Opm.
March 31, 2007
Kids play in pool from I lam until after 9pm. The ten long continuous hours of
pandemonium; ear splitting screaming, splashing,crying, squabbling and shrieking,
caused the parents to talk loudly to be heard over the cacophony of the children-
April 1,2007
Kids play in pool from morning till night. This is no April Fool's joke, the day is
a repeat of the previous day.
April 2, 2007
Kids play in pool from 1pm until 9pm,emitting piercing screams and yells all the
while. Parents trade off watching kids to get away. Unless we leave our home, there is
no getting away from the noise of the water park that aright as well be in our back yard.
Trying to get rest this afternoon between 3-4pm was impossible because of all the noise
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mere feet from our bedroom. The TV, in the living room, has to be turned up to be heard
over the noise of the kids in the pool.
At 9:55pm, a grapefruit was thrown at and lit our house. The police were notified and
arrived at I Ipm. They were again reluctant to do anything, but a little more
sympathetic to our plight. They suggested recording the noise level,talking to the owner,
and continuing to document. At
11:30pm, as husband and I were getting ready for bed, from over the fence came the
words, "You Mother Fucker! You'll pay for this slit!" The police were called again,
and we were told that since we didn't sec who made the threat, there was nothing they
could do. They wouldn'i even tell these folks that if anything happened to our properties,
they would be the first suspect.
April 3,2007
Kids start in pool at 7:40am and continue all morning. Finally, one family leaves
reducing the number of shrieking children somewhat. Noise continues throughout
afternoon. Finally, someone takes charge of the children and things quiet down. All
quiet by 7:30.
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