Chapter 8.35
NOISE

Sections:

   8.35.010   Findings and purpose.

   8.35.020   Definitions.

   8.35.030   General noise regulations.

   8.35.040   Use permit.

   8.35.050   Penalties.

8.35.010 FINDINGS AND PURPOSE.

   The city council declares that certain loud noises are detrimental to the health and welfare of the citizenry and should be regulated in the public interest. The purpose of this chapter is to limit and control excessive, unnecessary, annoying and unreasonable noises within the city in order to protect the peace, health, safety and welfare of the citizens of Pinole.

(Ord. 2017-05 § 2 (part), 2017)

8.35.020 DEFINITIONS.

   A.   COMMERCIAL PURPOSE. The use, operation, or maintenance of sound-amplifying equipment for the purpose of advertising business, goods and services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage to or for a performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment.

   B.   EMERGENCY. Conditions posing an imminent danger to the public health or safety of any individual.

   C.   SOUND-AMPLIFYING EQUIPMENT. Any machine or device for the amplification of the human voice, music, or any other sound, excluding a warning device on authorized emergency vehicle or horn or other warning device used for traffic safety purposes.

(Ord. 2017-05 § 2 (part), 2017)

8.35.030 GENERAL NOISE REGULATIONS.

   A.   It is unlawful for a person to willfully make a loud, unnecessary or unusual noise which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitiveness residing in the area.

   B.   The factors which shall be considered in determining whether a violation of this section exist shall include, but are not limited to, the following:

      1.   The sound level of the objectionable noise when compared to all audible noise in the area;

      2.   Whether the nature of the noise is usual or unusual;

      3.   The proximity of the noise to residential sleeping areas;

      4.   The nature and zoning of the area from which the noise emanates;

      5.   The density of the inhabitation of the area from which the noise emanates;

      6.   The time of day or night the noise occurs;

      7.   The duration of the noise;

      8.   Whether the noise is continuous, recurrent or intermittent;

      9.   Whether the noise is produced by a commercial or noncommercial activity;

      10.   Whether the noise is caused by sound amplifying equipment.

(Ord. 2017-05 § 2 (part), 2017)