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It is declared to be the policy of the city to prohibit unnecessary, excessive, and annoying noises form all sources subject to its police power. At certain levels noise is detrimental to the health and welfare of the citizenry and in the public interest shall be systematically prescribed.
(Ord. 81-8-878 § 1)
The following terms used in this chapter, unless the context clearly indicates otherwise, shall have the respective meanings set forth in this section:
A. "Ambient noise" means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, "ambient noise level" is the level obtained when the noise level is averaged over a period of fifteen minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.
B. "Ambient noise level" as referred to in this chapter, means the higher of the following:
1. Actual measured ambient noise level; or
2. Presumed ambient noise level as determined from the following chart:
Zone | Ambient Base Noise Level | |
Night (10 p.m. to 7 a.m.) | Day (7 a.m. to 10 p.m.) | |
Residential | 50 | 60 |
Commercial | 60 | 65 |
Industrial | 70 | 70 |
C. "CNEL" is the measure of the noise environment over a twenty-four hour period as defined in Title 4, Subchapter 6 of the California Administrative Code.
D. "Decibel" (Db) means a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
E. "Sound level" (noise level) in decibels is sound measured using the "A" weighting network of a sound level meter. Slow response of the sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature in which case fast response shall be used.
F. "Sound level meter" means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American National Standards Institutes's Specification S1.4 - 1971 or the most recent revision thereof for Type S-2A general purpose sound level meters.
G. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment does not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment, as used in this chapter, does not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
(Ord. 93-04-1153 § 1; Ord. 81-8-878 § 2)
A. Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness in the area.
B. The standards which shall be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:
1. The level of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates;
9. The time of the day or night the noise occurs;
10. The duration of the noise;
11. Whether the noise is recurrent, intermittent, or constant; and
12. Whether the noise is produced by a commercial or noncommercial activity.
(Ord. 81-8-878 § 5)
The following acts, or similar acts, are declared to be loud, disturbing, and unnecessary noises in violation of this chapter. A field test in accordance with Section 9.16.110 shall not be necessary to establish a violation of this section:
A. Horns and Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up;
B. Radios and Other Sound Amplification Devices. The using, operating, or permitting to be played, used, or operated, any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto; the operation of any such set, instrument, phonograph, machine, or device between the hours of eleven p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;
C. Commercial Amplifications. The using, operating, or permitting to be played, used, or operated, of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;
D. Yelling and Shouting. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of eleven p.m. and seven a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any person in the vicinity;
E. Noises Near Schools, Hospitals, and Courts. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital, or court street;
F. Animals and Fowl. The keeping or maintenance of any animal or fowl which by any sound, cry, or behavior causes annoyance or discomfort to a reasonable person of normal sensitiveness in any residential neighborhood;
G. Vehicle Repair. The creation of any loud, disturbing, or unnecessary noise associated with the repair, rebuilding or testing of any motor vehicle between the hours of six p.m. and seven a.m. in a residential area, in such a manner that a reasonable person of normal sensitiveness residing in the area is caused discomfort or annoyance.
(Ord. 81-8-878 § 6 (part))
A. Generally. It is the purpose of this section to promote quiet and peaceful residential areas by limiting construction activities which create disturbing noise to reasonable times and circumstances, but such limitations shall not apply where residences will not be affected, where individual homeowners are performing maintenance work, or to emergency circumstances.
B. Limitation of Activity. No person shall carry on any construction activities, including the erection, demolition, excavation, modification, alteration or repair of any building or structures, or any other activities creating construction noise as defined in this section other than between the hours of seven a.m. and six p.m. on weekdays, except as otherwise permitted in this section.
C. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings, except where the context indicates otherwise:
1. The term "weekday" does not include Saturdays, Sundays or holidays, but does include all other days. "Holidays" is defined in this section to include the following seven days: Christmas, Thanksgiving, New Year's, July 4th, Memorial Day, Labor Day and Veterans Day.
2. The term "construction noise" means noise associated with construction activities and includes but is not limited to any loud, annoying or disturbing noises or sounds associated with the delivery or operation of equipment, radios, communication equipment, shouting, horns, bells, demolition, excavation digging, pouring, pounding or other similar noise.
D. Exceptions. Notwithstanding any other provision of this section, construction activities are permitted as follows:
1. An owner of a dwelling or property residing thereon may perform repair or maintenance work on such dwelling or property without regard to any limitation contained in this section.
2. During any emergency, any construction activities required to preserve life or property shall be permitted at any time, but this paragraph shall not authorize any construction activity if the building official determines that no emergency exists and notifies the property owner or person responsible for the construction activity that no such emergency exists.
3. Construction activities creating construction noise may be authorized between the hours of six p.m. and seven a.m. on weekdays or at any time on any other days if a permit for such construction activities is issued by the building official of the city or his designee in accordance with the provisions contained in this section, and is not revoked.
E. Permit Procedure to Authorize Construction Activities at Times other than Permitted Hours on Weekdays.
1. The building official or his designee may issue a permit authorizing construction activities at times not otherwise permitted by this section only when the issuing official determines that the construction activity will not produce construction noise which will interfere with the peaceful enjoyment of persons occupying surrounding properties. The issuing official shall consider the nature of surrounding property, type of construction activity, time of construction activity, existence of buildings, structures, natural features and topography which will buffer the impacts of construction noise on surrounding properties, and any other matters affecting the impact of the construction noise on surrounding properties, and may impose any conditions deemed reasonable to mitigate such impacts. A copy of any permit issued pursuant to this section shall be filed by the issuing official with the police department.
2. Where appropriate mitigating measures are taken, a permit should generally be granted for construction activities other than the following:
a. Motorized earth-moving equipment;
b. Framing;
c. Concrete placement;
d. Mixing equipment;
e. Stuccoing;
f. Roofing;
g. Any activity requiring compressors;
h. Any activity producing similarly adverse noise impacts.
3. The general contractor responsible for the construction activity, or where there is no general contractor, the property owner, shall apply for the permit prior to the performance of such construction activity, shall certify that he understands and agrees to the terms thereof, and shall post a copy of said permit at the job site in a manner reasonably visible to the public. Such person shall be the permittee and is responsible for assuring compliance with all terms and provisions of the permit.
4. Where complaints are received from persons occupying surrounding property concerning construction noise created by any construction activity, the permit may be modified or revoked by the issuing official, and shall be revoked if complaints are received from the occupants of three separate properties or of three separate dwelling units on any property or properties. The permit shall be revocable by either the issuing official or the police department and any permittee shall be duly informed of such revocation. The building official or his designee may reissue said permit if he believes that the provisions of this section are satisfied, but if subsequently revoked, such permit shall not be reissued.
(Ord. 81-8-878 § 4)
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