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In addition to the general limitations on sound levels in section 36.404, the following additional prohibitions shall apply:
(a) It shall be unlawful for a person to make, continue or cause to be made or continued a disturbing, excessive or offensive noise.
(b) The characteristics and conditions which should be considered in determining whether a violation of this section has been committed include, but are not limited to, the following:
(1) The level of noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is natural or unnatural.
(4) The ambient noise level.
(5) The proximity of the noise to a place where someone sleeps.
(6) The nature and zoning of the area within which the noise emanates and where it is received.
(7) The time of day the noise occurs.
(8) The duration of the noise.
(9) Whether the noise is recurrent, intermittent or constant.
(10) Whether the noise is produced by a commercial or noncommercial activity.
(c) The following acts, among others, are declared to be disturbing, excessive and offensive noises that violate this chapter and are unlawful:
(1) Unnecessarily using or operating or allowing another person to use or operate a vehicle horn, signaling device or other similar device, other than as regulated by the Vehicle Code.
(2) Using, operating, playing or allowing another person to use, operate or play a radio, musical instrument, phonograph, television set or other device for the production or reproduction of sound:
(A) That disturbs the peace, quiet and comfort of persons of normal sensitivity residing in the area.
(B) That exceeds the levels in section 36.404 when measured at a distance of 25 feet from a device operating in a public right-of-way.
(C) That exceeds the levels in section 36.404 when measured at a distance of 25 feet from a device for the production or reproduction of sound operated in a County park unless a permit has been obtained from the County Parks and Recreation Department specifying the time, location and other conditions under which amplified sound may be allowed within a County park. A person using, operating or playing a device for the production or reproduction of sound in a County park, however, shall not exceed a level of 90 decibels when measured 50 feet from the source or exceed the levels in section 36.404 when measured at the park boundary. Subsection 36.414 (c)(2)(C) shall be enforced by the Parks and Recreation Department.
(3) It shall be a prima facie violation of section 36.414(c)(2)(A) if a device for the production or reproduction of sound that is being operated, used or played is plainly audible at a distance of 50 feet or more from the building, structure or vehicle in which it is located.
(4) Playing, using, operating or allowing to be played, used or operated any sound production or reproduction device or machine including but not limited to radio receiving sets, phonographs, musical instruments, loudspeakers and sound amplifiers, for commercial or business advertising purposes in, on, over or across any street, alley, sidewalk, park or public property in a manner as to violate the provisions of this ordinance is prohibited. This subsection shall not apply to sound amplifying equipment mounted on a sound truck where the operator complies with the following requirements:
(A) The only sound emitted is music or human speech and the music or speech emitted is not obscene, lewd, profane or slanderous.
(B) The sound truck is only operated between the hours of 8:00 a.m. and 9:00 p.m. or after 9:00 p.m. during public events and affairs of general public interest.
(C) The sound amplifying equipment is not being operated unless the sound truck is traveling at a speed of at least 10 miles per hour, except when the truck is stopped or impeded by traffic. If the sound truck is stopped by traffic the sound amplifying equipment shall not be operated for longer than one minute at each stop.
(D) Sound is not emitted within 100 yards of a hospital, school, church or courthouse.
(E) The volume of sound does not exceed a sound level of 65 decibels (on the "A" scale) at a distance of 50 feet from the sound amplifying equipment as measured by a sound level meter.
(F) No sound amplifying equipment is operated unless the axis of the center of the sound reproducing equipment is parallel to the direction of travel of the sound truck. Any sound reproducing equipment, however, may be placed upon the sound truck as to not vary more than 15º either side of the axis of the center of the direction of travel.
(G) No sound truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in one hour.
(5) Causing or allowing unreasonably loud or disturbing verbal noise that is offensive or annoying to a person of normal sensitivity.
(6) Owning, possessing or harboring an animal which by any frequent or long continued noise causes annoyance or discomfort to a person of normal sensitivity in the vicinity. The written affirmation by two persons having separate residences that an animal has caused frequent or long continued noise, that has caused them annoyance or discomfort shall be prima facie evidence of a violation of this section. This subsection does not apply to animal noise emanating from a legally operated animal hospital, humane society, County Department of Animal Services facility, farm or other agricultural facility where keeping animals is allowed.
(7) Operating or causing to be operated or used any steam whistle attached to a stationary boiler, except to give notice of the time to start or stop work or as a signal of imminent danger.
(8) Using or allowing the use of a motor vehicle to knowingly produce a noise that causes annoyance or discomfort to a person of normal sensitivity in the vicinity of the noise by backfiring the engine, screeching the tires, operating without a muffler, altering the muffler or any other action that causes a disturbing, excessive or offensive noise.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
(a) No person shall install or operate a burglar alarm in a residence or any other building that is not equipped with a functioning automatic cutoff device that terminates any noise emanating from the alarm within 15 minutes from the time the alarm is activated.
(b) No motor vehicle owner shall install or have in his or her possession a motor vehicle that is not equipped with a functioning automatic cutoff device that terminates any noise emanating from the alarm within 15 minutes from the time the alarm is activated.
(c) Notwithstanding the requirements of this section, a law enforcement officer may deactivate a building or motor vehicle alarm after the alarm is activated.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
In addition to the general limitations on sound levels in section 36.404, no person shall operate or allow the operation of an off-road recreational vehicle on private property that produces a noise when measured at the boundary line of the property where the noise source is located or on any occupied property where the noise is received, that at any time exceeds the following maximum sound levels: 82 decibels between the hours of 7 a.m. and 7 p.m., 77 decibels between the hours of 7 p.m. and 10 p.m. and 55 decibels between the hours of 10 p.m. and 7 a.m.
(Added by Ord. No. 9962 (N.S.), effective 1-9-09)
(a) This chapter shall not apply to:
(1) Emergency work, as defined in this chapter, provided that (A) the person performing the work notifies noise control officer in advance, or as soon as practicable after the emergency and (B) any vehicle, device, apparatus or equipment used, related to or connected with the emergency work is designed, modified or equipped to reduce noise produced to the lowest possible level consistent with effective operation of the vehicle, device, apparatus or equipment.
(2) Noise reasonably related to authorized school: (A) bands, (B) athletic activities and (C) entertainments events.
(3) Sporting, entertainment and public events which are conducted pursuant to a license or permit issued by the County, within the scope of the license or permit. This section is not intended to excuse the act of an individual not participating in the event who violates this chapter.
(4) The operation of an emergency generator after a power failure, by an employee or agent of a law enforcement agency, fire department, hospital or other medical or surgical facility that is providing emergency medical services.
(5) The reasonable testing of an emergency generator by any person provided that the testing is conducted between the hours of 7 a.m. and 7 p.m.
(6) Any activity preempted by State or federal law.
(b) Section 36.404 shall not apply to:
(1) Noise associated with routine property maintenance used either in part or in whole for residential purposes, provided activity takes place between 7 a.m. and 8 p.m. on any day except Sunday or between 10 a.m. and 8 p.m. on Sunday.
(2) Equipment associated with agricultural operations, provided that each piece of equipment and machinery powered by an internal-combustion engine is equipped with an appropriate muffler and air intake silencer in good working order and one of the following applies:
(A) Operations do not take place between 7 p.m. and 7 a.m. of the following day.
(B) The operations and equipment are utilized for the preparation, planting, harvesting, protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
(C) The operations and equipment are used for agricultural pest control in accordance with regulations and procedures administered by the County Department of Agriculture.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 9962 (N.S.), effective 1-9-09)
The Sheriff shall have primary responsibility for enforcing sections 36.405, 36.407, 36.411, 36.412, 36.413, 36.414 and 36.415. When this chapter requires measurements to enforce these sections, the noise control officer shall assist the Sheriff. The noise control officer shall have primary responsibility for enforcing all other sections of this chapter. Pursuant to Penal Code section 836.5, a person authorized to enforce this chapter may arrest a person without a warrant if he or she has reasonable cause to believe that the person has committed a misdemeanor in his or her presence that violates this chapter.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
State law reference(s)--Arrest without warrant, Penal Code, § 836.5.
The noise control officer may order a person to cease violating any section of this chapter that the noise control officer enforces. The noise control officer may, in addition to using any remedy provided in section 11.121 of this code, summarily abate a public nuisance caused by any act that violates this chapter if the noise control officer determines there is an immediate threat to the health or safety of any person.
(Amended by Ord. No. 7141 (N.S.), effective 6-26-86; amended by Ord. No. 9962 (N.S.), effective 1-9-09)
No person shall reproduce or alter any document issued by the noise control officer or required by this chapter, for the purpose of evading, attempting to evade or violating any requirement of this chapter.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
Any permit, variance or other document that authorizes any activity regulated by this chapter shall be displayed or maintained on the property or at the location where the activity is occurring.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
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