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(A) All departments of the town shall carry out their activities in accordance with the provisions of this chapter.
(B) Each department whose duty it is to review and approve new projects, or changes to existing projects, which result or may result in the emission of noise shall make the finding that the project complies with the provisions of this chapter prior to project approval.
(Prior Code, § 8.16.030) (Ord. 481, passed - -1981)
Upon receipt of a complaint from a citizen, the Chief of Police or his or her designated representative, equipped with a sound level meter, shall investigate the complaint. The investigation shall consist of a measurement and the gathering of data to define adequately the noise problem and shall include the following.
(A) Non-acoustic data.
(1) Type of noise source;
(2) Location of noise source relative to complainant’s property;
(3) Time period during which noise source is considered by complainant to be intrusive;
(4) Total duration of noise produced by noise source; and
(5) Date and time of noise measurement survey.
(B) Noise measurement procedure:
(1) Utilizing the A weighting scale of the sound level meter and the “slow” meter response (use “fast” response for impulsive type sounds), the noise level shall be measured at a position or positions at any point on the complainant’s property line.
(2) In general, the microphone shall be located four to five feet above the ground, ten feet or more from the nearest reflective surface, where possible; however, in those cases where another elevation is deemed appropriate, the latter shall be utilized. Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.
(Prior Code, § 8.16.040) (Ord. 481, passed - -1981; Am. Ord. 529, passed - -1984)
(A) Maximum permissible sound levels by receiving land use.
(1) The noise standards for the various noise zones as presented in the following table shall, unless otherwise specifically indicated, apply to all such property within a designated zone.
(2) No person shall operate or cause to be operated any source of sound at any location within the incorporated town, or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by the person, which causes the noise level when measured at the complainant’s property line to exceed the limits in the table below for more than seven and one-half minutes in a 15- minute period. Those seven and one-half minutes need not be continuous.
(3) If the measured ambient level differs from that permissible, the allowable noise exposure standard shall be adjusted in five-decibel increments in each category as appropriate to encompass or reflect the ambient noise level.
(4) If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone shall apply.
(B) Correction for character of sound.
(1) In the event the alleged offensive noise, as judged by the Chief of Police or his or her designated representative, contains a steady, audible tone such as a whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in the table below shall be reduced by five decibels.
Exterior Noise Limits (Levels not be be exceeded more than 7.5 minutes in any 15-minute period) | |||
Noise Zone | Time Period | Noise Level (dBA) | |
A (Residential) | Night | 10:00 p.m. - 7:00 a.m. | 40 |
Day | 7:00 a.m. - 10:00 p.m. | 50 | |
B (Multiple Dwelling, Residential) | Night | 10:00 p.m. - 7:00 a.m. | 50 |
Day | 7:00 a.m. - 10:00 p.m. | 55 | |
C (Commercial) | Night | 10:00 p.m. - 7:00 a.m. | 55 |
Day | 7:00 a.m. - 10:00 p.m. | 60 | |
(2) These zones are illustrated on Exhibit A, “Noise Zones, Town of Fairfax,” attached to the ordinance codified in this chapter. Areas that are not covered on the map are included in Zone A.
(Prior Code, § 8.16.050) (Ord. 481, passed - -1981; Am. Ord. 529, passed - -1984)
(A) Street sales.
(1) Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area or noise-sensitive zone of the town is prohibited, except by permit issued by the town.
(2) The provisions of this division (A) 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) Animals and birds.
(1) Owning, possessing or harboring any animal which makes noise which is detectable on the complainant’s property, and which is repeated intermittently for a duration of 15 minutes or more, is prohibited.
(2) In addition to being subject to the penalties of this chapter, animal noise disturbance cases will also be referred to the Humane Society.
(C) Construction/demolition domestic power tools.
(1) The operation of any tools or equipment used in construction or demolition work or in property maintenance work between the hours of 6:00 p.m. and 8:00 a.m. Monday through Friday or on weekends and holidays between the hours of 4:00 p.m. and 9:00 a.m. such that the sound therefrom creates a noise disturbance is prohibited.
(2) Operating or permitted the operation of any mechanically powered tools between the hours of 6:00 p.m. and 8:00 a.m. Monday through Friday and between 4:00 p.m. and 9:00 a.m. on weekends and holidays is prohibited.
(D) Machinery. Any motor, machinery or pump, such as swimming pool equipment and the like, shall be sufficiently enclosed or muffled and maintained so as not to create a noise or disturbance.
(E) Motor vehicle horns. It is unlawful for any person to sound a vehicular horn, except as a warning signal, pursuant to Cal. Motor Vehicle Code § 27001.
(F) Motorized recreational vehicles operating off public right-of-way.
(1) No person shall operate or cause to be operated any motorized recreational vehicle off a public right-of-way in a manner that the sound levels emitted therefrom violate the provisions of § 8.20.050.
(2) This division (F) applies to all motorized recreational vehicles, whether or not duly licensed and registered, including, but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, campers and dune buggies.
(Prior Code, § 8.16.060) (Ord. 481, passed - -1981; Am. Ord. 770, passed 11-6-2013)
Editor’s Note:
Nighttime limits shall apply to these time periods.
Nighttime limits shall apply to these time periods.
(A) The provisions of this chapter do not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency; or
(2) The emission of sound in the performance of emergency work.
(B) Warning devices necessary for the protection of public safety, as, for example, burglar alarms, police, fire and ambulance sirens and the fire horn, are exempted from the provisions of this chapter.
(C) The provisions of this chapter do not apply to occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a permit or license issued by the town relative to the staging of the events.
(D) Operating or permitting the operation of any mechanically powered tools or equipment for construction, demolition or property maintenance work between 8:00 a.m. and 6:00 p.m. Monday through Friday, and 9:00 a.m. to 4:00 p.m. on weekends and holidays are exempt.
(E) Anyone operating mechanically powered tools during permitted hours shall use best practices to minimize flying dust and debris and to protect neighbors, pedestrians and others nearby from disturbed particulate matter.
(Prior Code, § 8.16.070) (Ord. 481, passed - -1981; Am. Ord. 731, passed 2-6-2008; Am. Ord. 770, passed 11-6-2013)
Any noise exceeding the noise level limits specified in § 8.20.050 shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.
(Prior Code, § 8.16.080) (Ord. 481, passed - -1981)
At the discretion of a police officer, the owner or operator of a noise source, which, upon investigation, has been found to exceed permitted limits, shall be informed of the violation and asked to take corrective action to eliminate the violation. If the owner or operator fails to eliminate the violation, he or she may be cited for a misdemeanor violation.
(Prior Code, § 8.16.090) (Ord. 481, passed - -1981)
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