The following acts, and the causing or permitting thereof, are declared to be in violation of this Chapter:
A. Radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or playing of any radio, car radio, stereo, car stereo, stereo receiver, computer, compact disc player, tape recorder, cassette player, television set, phonograph, drum, musical instrument, or similar device, which produces or reproduces music or sound such that the music or sound therefrom creates a noise disturbance across a residential real property line, including partitions common to two (2) residences within a building, between the hours of 11:00 p.m. Friday until 7:00 a.m. Saturday, 11:00 p.m. Saturday until 7:00 a.m. Sunday, and 10:00 p.m. any other day until seven a.m. the following morning, or at any time violates the provisions of Section 9.110.060. Notwithstanding the provisions of any other section in this Chapter, the provisions of this subsection may be enforced by a peace officer.
B. Loudspeakers (amplified sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device such that the sound therefrom creates a noise disturbance across a residential real property line, including partitions common to two (2) residences within a building, between the hours of 11:00 p.m. Friday until 7:00 a.m. Saturday, 11:00 p.m. Saturday until 7:00 a.m. Sunday, and 10:00 p.m. any other day until 7:00 a.m. the following morning, or at any time violates the provisions of Section 9.110.060, except for any noncommercial public speaking, public assembly or other activity for which a variance has been issued by the City.
C. Street sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area or noise sensitive zone of the City except by variance issued by the appropriate City department. The provisions of this subsection shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, carnivals, fairs, circuses or other similar licensed public entertainment events.
D. Automobile horns. Sounding any horn or signal device on any automobile, motorcycle, bus, or other motor vehicle in any other manner or circumstances or for any other purpose than required or permitted by the Vehicle Code or other California law.
E. Automotive engines and mufflers. Racing the engine of any motor vehicle while the vehicle is not in motion, except when necessary to do so in the course of repairing, adjusting or testing the same. Additionally, operating or permitting the use of any motor vehicle, on any public right-of-way or public place or on private property within a residential zone for which the exhaust muffler, intake muffler or any other noise abatement device has been modified or changed in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured.
F. Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 9.110.060.
G. Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (150') (forty-six (46) meters) from the source if on a public space or public right-of-way. For the purposes of this subsection, "vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause a normal person
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to be aware of the vibration by such directed means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be .001 g's in the frequency range zero (0)—thirty (30) hertz and .003 g's in the frequency range between thirty (30) and one hundred (100) hertz.
H. Explosives, firearms, and similar devices. Using or firing explosives, firearms, firecrackers, or similar devices such that the sound therefrom creates a noise disturbance across a real property line, or within a noise sensitive zone, public space or public right-of-way, without first obtaining a variance issued by an authorized City employee.
I. Stationary nonemergency signaling devices.
1. Sounding or permitting the sounding 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 ten (10) seconds in any hourly period.
2. Houses of religious worship and chimes in the civic center shall be exempt from the operation of this provision.
3. Sound sources covered by this provision and not exempted under Section 9.110.090.I.2. may be exempted by a variance issued by the appropriate City department.
J. Emergency signaling devices.
1. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, or any motor vehicle burglar alarm, except for emergency purposes or for testing, as provided in Section 9.110.090.J.2.
2. Testing of a stationary emergency signaling device shall not occur before 8:00 a.m. or after 7:00 p.m. Any such testing shall only use the minimum cycle test time. In no case shall such test time exceed ten (10) seconds.
3. 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. Such testing shall not occur before 8:00 a.m. or after 7:00 p.m. The time limit specified in Section 9.110.090.J.2. shall not apply to such complete system testing.
4. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within fifteen (15) minutes of activation. Such testing shall not occur before 8:00 a.m. or after 7:00 p.m.
K. Noise sensitive zones.
1. Creating or causing the creation of any sound within any noise sensitive zone, so as to exceed the specified land use noise standards set forth in Section 9.110.060; or
2. Creating or causing the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, police or sheriff’s station, fire station, school (including nursery school and preschool), library, courthouse, or other designated use so as to interfere with the functions of such activity or annoy the patients or participants of such activity(ies).
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L. Domestic power tools and landscaping equipment.
1. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 9:00 p.m. and 7:00 a.m. the following day so as to create a noise disturbance across a residential or commercial real property line.
2. Any motor, machinery, pump, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance.
3. Operating leaf blowers, consisting of portable power equipment used in any landscape maintenance, construction, property repair or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings, or trimmings from plants, trees or other debris is unlawful if operated within any residential area or in any nonresidential area within four hundred feet (400') of any residential area in the City between the hours after 8:00 p.m. and before 7:00 a.m. Monday through Friday, after 7:00 p.m. and before 9:00 a.m. on Saturdays, and after 7:00 p.m. and before 10:00 a.m. on Sundays and legal holidays. Notwithstanding the provisions of Section 9.110.110, violations of this subsection shall be infractions except as specifically provided in this Section. The first violation in any one (1) year period shall be subject to a fine of fifty dollars ($50.00); a second violation in any one (1) year period shall be subject to a fine of seventy-five dollars ($75.00); a third violation in any one (1) year period shall be subject to a fine of one hundred and fifty dollars ($150.00). A fourth or subsequent violation of this subsection in any one (1) year period may be filed as a misdemeanor pursuant to Section 1.20.010. Notwithstanding the provisions of any other Section in this Chapter, the provisions of this subsection may be enforced by a peace officer.
M. Air-conditioning or air refrigerating equipment. Operating or permitting the operation of any air-conditioning or air refrigerating equipment in such a manner as to exceed any of the following sound levels measured as specified in the American Society of Heating, Refrigeration and Air Conditioning Engineers Code of Recommended Practices:
Measurement Location | Units Installed Before 01-01-80 (dB(A)) | Units Installed After 01-01-80 (dB(A)) |
Any point on neighboring property line, five feet (5') above grade level, no closer than three feet (3') from any wall | 60 | 55 |
Center of neighboring patio five feet (5') above grade level, no closer than three feet (3') from any wall | 55 | 50 |
Outside the neighboring living area window nearest the equipment location, not more than three feet (3') from the window opening, but at least three feet (3') from any other surface | 55 | 50 |
[Ord. No. 631, 7/13/22.]