Except as set forth in Section 4.34.030 of this chapter, the following acts and the causing or permitting thereof, are specifically declared to be a violation of this chapter:
(a) Radios, Phonographs, Etc. The using, operating or permitting to be played, used or operated between the hours of eight p.m. and seven a.m. of any radio, musical instrument, phonograph, television set, or instrument or device similar to those heretofore specifically mentioned (hereinafter “device”) for the production or reproduction of sound in volume sufficiently loud as to be plainly audible at a distance of fifty feet or more from the property line of the property from which the noise, sound or vibration is emanating, and the using, operating or permitting to be played, used or operated between the hours of seven a.m. and eight p.m. of any such device for the production or reproduction of sound in volume sufficiently loud as to be plainly audible at a distance of two hundred feet or more from the property line of the property from which the noise, sound or vibration is emanating.
(b) Band or Orchestral Rehearsals. The conducting of or carrying on, or allowing the conducting carrying on of band or orchestral concerts or rehearsals or practice between the hours of eight p.m. and seven a.m. sufficiently loud as to be plainly audible at a distance of fifty feet or more from the property line of the property where the concert, rehearsal or practice is occurring, and the conducting of or carrying on, or allowing the conducting or carrying on of band or orchestral concerts or rehearsals or practice between the hours of seven a.m. and eight p.m. sufficiently loud as to be plainly audible at a distance of two hundred feet or more from the property line of the property where the concert, rehearsal or practice is occurring.
(c) Engines, Motors and Mechanical Devices Near Residential District. The sustained, continuous or repeated operation or use between the hours of eight p.m. and seven a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at: (1) distance of fifty feet or more from the property line of the property from which the noise, sound or vibration is emanating or (2) the exterior wall of any adjacent residence, whichever is less.
(d) Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing to a sudden start or stop of any motor vehicle.
(e) 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 eight p.m. and seven a.m. in volume sufficiently loud as to be plainly audible at a distance of fifty feet or more from the property line of the property where the activity is occurring.
(f) Construction. Operating or causing the operation of any tools, equipment, impact devices, derricks or hoists used on construction, drilling, repair, alteration, demolition or earthwork, between the hours of eight p.m. and seven a.m. on weekdays or at any time on Saturdays (except, between the hours of seven a.m. and eight p.m., interior construction is permissible); or at any time on Sundays or city holidays.
(g) Nonemergency Signaling Devices. Sounding or permitting the sounding of any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes between the hours of eight p.m. and seven a.m. Sound sources included within this provision may be exempted by a variance issued by the planning commission.
(h) Emergency Signaling Devices.
(1) The intentional sounding, or permitting the sounding, outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, for testing, except as provided in subsection (h)(2) of this section.
(2) Testing of an emergency signaling device shall not occur between the hours of eight p.m. and seven a.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month.
(3) Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is terminated within fifteen minutes of activation.
(4) Sounding or permitting the sounding of any motor vehicle alarm unless such alarm is terminated within five minutes of activation.
(5) Sounding or permitting the sounding of any motor vehicle alarm more than three times of any duration in any twenty-four hour period.
(i) Noises by Animals. It is unlawful for any person having charge, care, custody, or control of any animal to permit such animal to emit any persistent sound, cry or other noise which disturbs the peace, quiet and comfort of any residential neighborhood. For purposes of this section, “persistent sound, cry or other noise” means any noise which is of such a magnitude to be obnoxious or physically annoying to reasonable persons of ordinary sensitivity. The city shall enforce this chapter as follows:
(1) Complaints must be submitted in writing to the Los Angeles County department of animal care and control (“department”) and shall include the name, address, and telephone number of the complainant, as well as the address of the animal owner, a description of the animal, and the dates, times, duration and description of the noise.
(2) Upon receiving a complaint involving whining, barking, howling, screeching or similar animal noise, the department shall cause the following to be performed:
(A) Issue a notice of noise complaint to the animal owner or custodian describing the complaint sufficiently to help the animal owner or custodian recognize and correct the problem, and requesting immediate steps to abate the problem.
(B) If a second complaint is received, issue a notice of noncompliance to the animal owner or custodian including the information required in subsection (i)(2)(A) of this section and explaining that the animal owner or custodian may request a hearing with a member of the department to discuss the notice of noncompliance within five days of receipt of the notice.
(C) If the problem is not resolved by the end of the period stated in the notice of noncompliance, issue a citation to the animal owner or custodian including the information required in subsections (i)(2)(A) and (B) of this section and apprising the animal owner or custodian that he or she will be liable for costs pursuant to Section 4.34.080 of the La Puente Municipal Code upon issuance of a second citation.
(3) If a second citation is issued within one year of the first to the same animal owner or custodian and, if additional law enforcement personnel are required to respond to, investigate or abate the condition, the animal owner or custodian shall be required to reimburse the city for costs pursuant to Section 4.34.080 of the La Puente Municipal Code.
(j) Leaf Blowers. The use or operation or allowing the use or operation of any portable machine powered with a combustion or gasoline engine to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces, between the hours of eight p.m. and seven a.m.
(k) Commercial Establishments Adjacent to Residential Property. Continuous, repeated or sustained noise, sound or vibration from the premises of any commercial establishment, including any outdoor area that is a part or under the control of the establishment, which is licensed by the city and is adjacent to one or more residential dwelling units, between the hours of eleven p.m. and seven a.m., that is plainly audible from the exterior wall of the adjacent residential dwelling unit.
(l) Loud Parties or Gatherings. Generating any noise, sound or vibration from a party or gathering of two or more people on private property (whether from a home, a nightclub, or any other location in the city) that is plainly audible from a distance of fifty feet or more from the property line of the property from which the noise, sound or vibration is emanating. The city shall enforce this subsection (l) as follows:
(1) When such a party or gathering occurs and is determined by the city manager or his or her designee or by a sheriff’s deputy at the scene to constitute a violation of the California Penal Code or the La Puente Municipal Code, or is otherwise a threat or detrimental to the public peace, health, safety or welfare due to the magnitude of the crowd, noise, disturbance or unruly behavior generated by the party or gathering, excessive traffic, or destruction of property, then the city manager or his or her designee or the sheriff’s department shall take such actions and give such direction as is necessary to investigate or abate the violation or condition and shall advise the responsible person orally and in writing that, if additional law enforcement personnel are required to respond to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost of providing such services. Such direction and advice shall be given to the person responsible for the party or gathering or to the owner or occupant of the property involved.
(2) If the condition is not voluntarily abated in the time period requested by any city official or law enforcement officer and, if additional city or law enforcement personnel are required in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the responsible person and the owner or occupant of the property shall be required to reimburse the city for costs pursuant to Section 4.34.080 of this chapter.
(Ord. 753 § 4 (part), 1997)