The following activities, among others, are declared to cause disturbing, excessive or offensive noises in violation of this chapter and Chapter 95A and are unlawful, namely:
(A) Horns, Signaling Devices, and the like. Unnecessary use or operation of horns, signaling devices, or other similar devices, on automobiles, motorcycles, or any other vehicle.
(B) Radios, Television Sets, Phonographs, Loud Speaking Amplifiers and Similar Devices.
(1) Uses Restricted. The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers, sound amplifier or other similar machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, or comfort of any reasonable person of normal sensitivity in any area of the city is prohibited.
(2) Prima Facie Violations. Any of the following shall constitute evidence of a prima facie violation of this section:
(a) The operation of any such sound production or reproduction device, radio receiving set, musical instrument, drum, phonograph, television set, machine, loud speaker and sound amplifier or similar machine or device in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which located, or from the source point.
(b) The operation of any sound amplifier, which is part of, or connected to, any radio, stereo receiver, compact disc player, cassette tape player, or other similar device when operated in such a manner as to be plainly audible at a distance of 50 feet from the source point or when operated in such a manner as to cause a person to be aware of vibration at a distance of 50 feet from the source point.
(3) Enforcement of Prima Facie violations.
(a) Any person who is authorized to enforce the provisions of this chapter and who encounters evidence of a prima facie violation of this section is empowered to confiscate and impound as evidence, any or all of the components amplifying or transmitting the sound.
(b) Any peace officer, as defined in Cal. Penal Code, Ch. 4.5 §§ 830 et seq., who encounters evidence of a prima facie violation of this section whereby the component(s) amplifying or transmitting the sound are attached to a vehicle may, in accordance with the provisions of Cal. Veh. Code § 22655.5, impound the vehicle, as containing evidence of a criminal offense, when the amplifying and/or transmitting component(s) cannot be readily removed from the vehicle without damaging the component(s) or vehicle.
(C) Animals.
(1) Notwithstanding the provisions of § 92.08 (E) of this code, it shall be unlawful for any person having charge, care, custody, or control of any animal to keep, maintain, or to permit to be kept or maintained upon any premises owned, occupied, or controlled by any person to permit such animal to emit any excessive noise which is disturbing or offensive. Excessive noise includes, but is not limited to, loud persistent or habitual dog barking, howling, or yelping.
(2) No person, after being informed orally or in writing that his dog or other animal has by barking or other noise or sound disturbed any other person's peace and quiet, shall fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that the dog or animal does not again disturb the other person's peace and quiet.
(3) The Noisy Animal Petition shall include a description of the noisy animal(s), the name, address, and telephone number of the complainant, as well as the address of the animal owner, person having charge of the animal, or custodian of the animal and a description of the noise.
(4) The city shall enforce this chapter as follows:
(a) Upon receiving a Noisy Animal Petition complaint involving whining, barking, howling, screeching or similar animal noise, the city shall cause the following to be performed:
1. The Enforcement Officer will advise the owner or person in charge of the animal by mail or personal service, to quiet the animal within 72 hours of the notification, and failure to comply with the order may result in the matter being referred to the District Attorney or City Attorney for litigation.
2. 72 hours after the notification has been made the Enforcement Officer shall re-contact the complainant who filed the Noisy Animal Petition to see if the problem has been resolved.
a. If the problem has been resolved there shall be no further action and the Noisy Animal Petition shall be kept on file for a period of one year.
b. If the noisy animal has not been quieted and the situation has not been resolved at the end of this 72 hour period, a citation shall be issued to either the animal owner, person having charge of the animal, or custodian of the animal.
(b) Upon receipt of a subsequent Noisy Animal Petition being filed within six months to the same animal owner, person having charge of the animal, or custodian of the animal for the same violation, the Animal Control Officer shall issue a citation to either the animal owner, person having charge of the animal, or custodian of the animal for violation of this chapter.
(5) A habitually barking dog or other animal may be ordered removed from the incorporated area of the city as a public nuisance, in accordance with Chapter 95A of this code, by the Police Department, Animal Control Supervisor, Code Enforcement Supervisor or his or her designee if he or she has such evidence to show that the animal is a threat to the health, safety, general welfare or peace and quiet of the general public.
(D) Hospitals, Schools, Libraries, Rest Homes, Long-Term Medical or Mental Care Facilities. To make noise adjacent to a hospital, school, library, rest home, or long-term medical or mental care facility, which noise reasonably interferes with the workings of such institutions or which disturbs or unduly annoys occupants in said institutions.
(E) Playing of Radios on Buses, Public Transportation. The operation of any radio, phonograph, or tape player on an urban transit bus or trolley so as to emit noise that is audible to any other person in the vehicle is prohibited.
(F) Leaf Blowers.
(1) A LEAF BLOWER means any portable, hand held or back pack, engine powered device with a nozzle that creates a directable airstream which is capable of and intended for moving leaves and light materials.
(2) Leaf blowers shall only be operated between the hours of 7:00 a.m. and 8:00 p.m. on any day except on Sunday when they may only be operated between the hours of 10:00 a.m. and 8:00 p.m.
(3) Leaf blowers shall be equipped with functional mufflers and an approved sound limiting device required to ensure that the leaf blower is not capable of generating a sound level exceeding any limit prescribed in this chapter.
(G) Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets or on any publicly owned property between the hours of 10:00 p.m. and 8:00 a.m., or at any time or place so as to disturb the quiet comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or persons in the close proximity shall be considered a violation of this section.
(Ord. 1267, passed 4-5-00)