Chapter 9.42
ENVIRONMENTAL DISTURBANCES
Sections:
9.42.010 Declaration of policy.
9.42.020 Sources of environmental disturbances.
9.42.050 Continuing or subsequent violations.
9.42.010 Declaration of policy.
It is declared to be the policy of the city to use its police power to prevent persons living or working on one property from being disturbed due to annoying and unnecessary odors, glare, smoke, temperature changes, electrical interference, and ground water pollution. At certain degrees, such disturbances can be detrimental to the health, safety, welfare, and quality of life of the citizenry. Therefore, in the public interest, they shall be restricted. In order to effectively prohibit unwanted and unnecessary environmental disturbances, this chapter has been created. (Ord. 1666 § 1, 1988.)
9.42.020 Sources of environmental disturbances.
The following disturbances, when imposed upon residential uses only, are declared to be unnecessary and contrary to the intent of this chapter. Such disturbances, however, shall not be deemed exhaustive:
A. Odors. No operation or activity of odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable, which is detectable with or without the aid of instruments, shall be permitted at or beyond the lot line of the property generating the odorous gases or matter.
B. Glare. No operation, activity, sign, or lighting fixture shall create illumination that exceeds five foot-candles on any adjacent property, whether the illumination is direct or indirect light from the source. Glare levels shall be measured with a photoelectric photometer following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. For purposes of this subsection, a foot-candle is the illumination produced by a light of one international candle upon a surface one foot away.
C. Smoke. No operation or activity is permitted to have operations that emit excessive smoke, fumes, or dust that exceeds the requirements or levels specified by the South Coast Air Quality Management District (SCAQMD).
D. Temperature Change. No operation or activity shall emit heat or cold that would cause a temperature increase or decrease on any adjacent property in excess of 10 degrees Fahrenheit, whether the change is in the air, on the ground, or on any structure.
E. Electrical Interference. No operation or activity shall transmit, generate, or otherwise cause any electrical or magnetic radiation disturbance that affects persons in the operation of any use, equipment (including, but not limited to, television and radio reception), or process employed by any use beyond the boundary of the site.
F. Ground Water Pollution. No operation or activity shall cause the seeping into the ground of any area of wastes, whether liquid or not, that are determined by the State Department of Health Services to be toxic or of a similar hazardous nature. (Ord. 1666 § 1, 1988.)
9.42.030 Exemption.
Utility companies regulated by the California Public Utilities Commission shall be exempt from the provisions of this chapter. However, in the event complaints about a utility company operation, activity, or equipment arise, the company in question shall attempt to resolve the problem as expeditiously as possible. (Ord. 1666 § 1, 1988.)
9.42.040 Violations.
Any person violating any provision of this chapter shall be deemed guilty of an infraction. (Ord. 1666 § 1, 1988.)
9.42.050 Continuing or subsequent violations.
Any person having been convicted of a violation of any provision of this chapter who thereafter commits a violation of the same provision of this chapter shall be guilty of a misdemeanor. (Ord. 1666 § 1, 1988.)
9.42.060 Severability.
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 1666 § 1, 1988.)