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As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this chapter, which operation or maintenance causes discomfort or annoyance to reasonable persons or which endangers the comfort, repose, health, or peace of residents in the area, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court order of competent jurisdiction. (Amended by Ord. No. 156,363, Eff. 3/29/82.)
(Added by Ord. No. 156,363, Eff. 3/29/82.)
(b) The Police Department shall have the power and duty to enforce the following noise control provisions of this Code: Section 41.32, Section 41.40, Section 41.42, Section 41.44, Section 41.57, Section 63.51(m), Section 112.01, Section 112.04, Section 112.05, Section 112.06, Section 113.01, Section 114.01 through Section 114.05, inclusive, Section 115.02 through Section 115.03, inclusive, and Section 116.01. (Amended by Ord. No. 185,601, Eff. 7/18/18.)
(c) Any Building Mechanical Inspector assigned to noise enforcement inspection shall have the power, authority and immunity of a public officer and employee, as set forth in the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever such employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in their presence which is a violation of any provision set forth in Section 111.05(a) of this chapter. The provisions of said Penal Code section regarding issuance of a written promise to appear shall be applicable to arrests authorized herein.
Section
112.01 Radios, Television Sets, and Similar Devices.
112.02 Air Conditioning, Refrigeration, Heating, Pumping, Filtering Equipment.
112.03 Construction Noise.
112.04 Powered Equipment Intended for Repetitive Use in Residential Areas and Other Machinery, Equipment, and Devices.
112.05 Maximum Noise Level of Powered Equipment or Powered Hand Tools.
112.06 Places of Public Entertainment.
(Amended by Ord. No. 156,363, Eff. 3/29/82.)
(a) It shall be unlawful for any person within any zone of the City to use or operate any radio, musical instrument, phonograph, television receiver, or other machine or device for the producing, reproducing or amplification of the human voice, music, or any other sound, in such a manner, as to disturb the peace, quiet, and comfort of neighbor occupants or any reasonable person residing or working in the area.
(b) Any noise level caused by such use or operation which is audible to the human ear at a distance in excess of 150 feet from the property line of the noise source, within any residential zone of the City or within 500 feet thereof, shall be a violation of the provisions of this section.
(c) Any noise level caused by such use or operation which exceeds the ambient noise level on the premises of any other occupied property, or if a condominium, apartment house, duplex, or attached business, within any adjoining unit, by more than five (5) decibels shall be a violation of the provisions of this section.
(Amended by Ord. No. 156,363, Eff. 3/29/82.)
(a) It shall be unlawful for any person, within any zone of the city to operate any air conditioning, refrigeration or heating equipment for any residence or other structure or to operate any pumping, filtering or heating equipment for any pool or reservoir in such manner as to create any noise which would cause the noise level on the premises of any other occupied property or if a condominium, apartment house, duplex, or attached business, within any adjoining unit, to exceed the ambient noise level by more than five (5) decibels
(b) This section shall not be applicable to emergency work as defined in Section 111.01(c) of this chapter, or to periodic maintenance or testing of such equipment reasonably necessary to maintain such equipment in good working order.
Noise due to construction or repair work shall be regulated as provided by Section 41.40 of this Code. (Amended by Ord. No. 161,574, Eff. 9/8/86.)
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