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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2003 - 005 ~ ~~ ~~°t I ~ ~ ~ ~~ AN ORDINANCE REPEALING SECTION 4-1-510 OF THE SAN LEANDRO MUNICIPAL CODE AND ADDING A NEW ARTICLE ll TO CHAPTER 4-1 TO THE SAN LEANDRO MUNICIPAL CODE RELATING TO NOISE The City Council of the City of San Leandro ORDAINS as follows: SECTION 1. Section 4-1-510 of the City of San Leandro Municipal Code is hereby repealed. SECTION 2. The City of San Leandro Municipal Code is hereby amended by adding a new Article 11, entitled "Noise," to Chapter 4-1 of said Code, as follows: 4-1-1100 SHORT TITLE This Article shall be known and maybe cited as the "Noise Ordinance." 4-1-1105 POLICY AND PURPOSE It is hereby declared to be the policy of the City of San Leandro, in the exercise of its police power, to protect the peace, health, safety and general welfare of the citizens of San Leandro from excessive, unnecessary and unreasonable noises from any and all sources in the community. It is the intention of the City Council to control the adverse effect of such noise sources on the citizens by prescribing standards prohibiting detrimental levels of noise and by providing a remedy for violations. The provisions of this Article and the remedies contained in this Code shall be cumulative and are not intended to replace any otherwise available remedies for public or private nuisances, nor any other civil or criminal remedies otherwise available. In addition, the regulations contained herein are not intended to substitute for any noise analysis conducted as a part of the City's environmental review process for discretionary permit approvals, nor is it intended to limit more strict noise control requirements for discretionary permit approvals should more strict measures be found to be necessary in order to maintain noise levels that are not detrimental to the health and welfare of the citizens of the City. Among the unacceptable noise sources identified in the City's General Plan are mobile sources such as airplanes, commuter and freight railroads, and highway traffic and other sources which are regulated exclusively by the Federal or the State Government. While in most instances the City may not intervene to address these problems directly, it is the strong policy of the City to work with responsible government agencies and elected officials to reduce the real and damaging effects of these noise:producing activities on the quality of life of the City's residents.