A. Purpose And Intent: The purpose and intent of this chapter is to establish regulations and enforcement procedures for noise generated in the city. In adopting this chapter, the city council declares that:
1. The making, creation, or maintenance of loud, unnecessary, unnatural, or unusual noises which are prolonged, unusual, and unnatural in their time, place, and use affect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the city; and
2. The necessity in the public interest for the provisions and prohibitions set forth in this chapter is declared as a matter of legislative determination and public policy, and it is further declared that the provisions of this chapter are in pursuance of, and for the purpose of, securing and promoting the public health, comfort, convenience, safety, welfare, and prosperity and the peace and quiet of the city and its inhabitants.
B. Applicability: This chapter shall be applicable to all uses and activities conducted within the city except as provided in subsection C, "Exceptions", of this section.
C. Exceptions: The provisions of this chapter shall not apply to the following:
1. The operation of "emergency machinery", as defined in section 5-6-2, "Definitions", of this chapter.
2. The operation of an "emergency vehicle", as defined in section 5-6-2, "Definitions", of this chapter.
3. The conducting of "emergency work", as defined in section 5-6-2, "Definitions", of this chapter.
4. The operation on days other than Sunday of construction equipment or of a construction vehicle, or the performance on days other than Sunday of construction work, between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., provided that all required permits for the operation of such construction equipment or construction vehicle or the performance of such construction work have been obtained from the appropriate city department.
5. Activities conducted on the grounds of any public or private nursery school, elementary school, intermediate school, secondary school, or college.
6. Outdoor gatherings, public dances, and shows, provided said events are conducted pursuant to a license/permit issued by the city.
7. Activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity and the activity complies with that public entity's noise regulations.
8. All mechanical devices, apparatus, or equipment which is utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
9. Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of eight o'clock (8:00) P.M. and seven o'clock (7:00) A.M. on weekdays, including Saturday, or at any time on Sunday or a federal holiday.
10. Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the agricultural commissioner.
11. Any activity to the extent regulation thereof has been preempted by state or federal law.
12. Industrial uses and activities conducted in industrial zones.
13. Any act or activity prohibited by this code or any law of the state of California or the United States. (Ord. 2012-01, 4-17-2012)