Section
95C.01 Purpose
95C.02 Definitions
95C.03 General prohibitions
95C.04 Disturbing, excessive, offensive noises; declaration of certain acts constituting
95C.05 Burglar alarms
95C.06 Sound trucks–commercial and noncommercial
95C.07 Prohibited conduct for commercial sound trucks; food vendors
95C.08 Disturbing, excessive, offensive noises or vibration created by vehicle(s), tools, machinery; declaration of certain acts
95C.09 Special provisions; exemptions
95C.10 Enforcement procedures
95C.11 Enforcement authority
95C.12 Violation; infractions
95C.13 Continuing or subsequent violations; misdemeanor
95C.14 Excessive noise and vibration from vehicles
It is the purpose of this chapter to implement regulations and general administrative procedure to control and abate unnecessary, excessive and annoying noise and vibration. It is further the purpose of this chapter to recognize that the existence of excessive noise and vibration within the city is a condition that is detrimental to the peace, health, safety, welfare and quality of life of the citizens and shall be regulated in the public interest.
(Ord. 1267, passed 4-5-00)
As used in this chapter, the following terms have the meanings given:
AMBIENT NOISE LEVEL. The all-encompassing noise associated with a given environment being a composite of all sources.
AVERAGE SOUND LEVEL. A sound level typical of the sound levels at a certain place during a given period of time; also, an equivalent continuous sound level.
COMMERCIAL PURPOSES. The use, operation or maintenance of any sound amplifying equipment mounted on a sound truck for the purpose of advertising any business, or any goods, wares, merchandise, or services, and for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage of customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating any such sound equipment.
CONSTRUCTION EQUIPMENT. Tools, machinery or equipment used in connection with construction operations, including all types of "special construction" equipment as defined in the pertinent sections of California Vehicle Code when used in the construction process on any construction site, home improvement site or property maintenance site, regardless of whether such site is located on highway or off-highway.
DISTURBING, EXCESSIVE OR OFFENSIVE NOISE. Any sound or noise in excess of the sound levels or noise levels set forth in this chapter for permissible noises.
FIXED NOISE SOURCE. A stationary device which creates sound, which is fixed or motionless including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
MOBILE NOISE SOURCE. Any noise source other than fixed noise source.
NOISE LEVEL. Is interchangeable with SOUND LEVEL.
NONCOMMERCIAL. The use of, operation or maintenance of any sound equipment for other than a commercial purpose. NONCOMMERCIAL PURPOSES means and includes, but is not limited to, philanthropic, patriotic, charitable, political or community promotion purposes.
SIMPLE TONE NOISE. Noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished.
SOUND AMPLIFYING EQUIPMENT. Any machine or device for the amplification of the human voice, music or any other sound. SOUND AMPLIFYING EQUIPMENT shall not be construed as including standard automobile radios when used and heard only by the occupants of the vehicle in which installed or warning devices on authorized emergency vehicles.
SOUND TRUCK. Any motor vehicle or other vehicle regardless of motive power whether in motion or stationary having mounted thereon, built-in or attached thereto any sound amplifying equipment.
(Ord. 1267, passed 4-5-00)
(A) It shall be unlawful for any person to make, continue, or cause to be made or continued, within the city limits or within 200 feet thereof, any disturbing excessive or offensive noise or vibration which causes discomfort or annoyance to any reasonable person of normal sensitivity in the area or that is plainly audible at a distance greater than 50 feet from the source point for any purpose.
(B) The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but are not limited to the following:
(1) The level of the noise;
(2) Whether the nature of the noise is usual or unusual;
(3) Whether the origin of the noise is natural or unnatural;
(4) The level of the ambient noise;
(5) The proximity of the noise to sleeping facilities;
(6) The nature and zoning of the area from which the noise emanates and the area where it is received;
(7) The time of day or night the noise occurs;
(8) The duration of the noise; and
(9) Whether the noise is recurrent, intermittent, or constant.
(Ord. 1267, passed 4-5-00)
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