Chapter 9.54
NOISE REGULATIONS
Sections:
9.54.010 Purposes.
9.54.020 Definitions.
9.54.030 Decibel measurement criteria.
9.54.040 Excessive noise or sounds prohibited.
9.54.050 Monitoring procedures.
9.54.060 Public address system.
9.54.070 Exceptions.
9.54.080 Interpretation and penalty for violation.
9.54.010 Purposes.
The purpose of this chapter shall be the regulation of noise within the city limits for the direct protection and benefit of the inhabitants and property in the city. (Ord. 94-14 § 2 (part), 1994)
9.54.020 Definitions.
Unless the particular provision of the context requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained herein shall also govern the construction, meaning, and application of words and phrases used in this chapter.
The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.
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. Ambient noise level for the following districts are not to be determined as absolute.
|
District |
Time |
Sound Level Decibels |
|
Residential |
10:00 p.m. to 7:00 a.m. |
50 |
|
Residential |
7:00 a.m. to 10:00 p.m. |
70 |
|
Commercial |
10:00 p.m. to 7:00 a.m. |
60 |
|
Commercial |
7:00 a.m. to 10:00 p.m. |
70 |
|
Industrial |
anytime |
80 |
|
Public parks |
10:00 p.m. to 10:00 a.m. |
60 |
|
City facilities |
10:00 a.m. to 11:00 p.m. |
85 |
B. “Decibel” means a unit of sound level when the base of the logarithm is the tenth root of ten and quantities concerned are proportional to power.
C. “Emergency work” means work necessary to restore property to a safe condition following a public calamity, work required to repair structures or otherwise protect persons or property from an imminent exposure to danger or damage, or work by private or public utilities when restoring or repairing utility service.
D. “Fixed noise source” means a stationary device which creates sounds while fixed or motionless, including but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.
E. “Mobile noise source” means any noise source other than a fixed noise source.
F. “Motor vehicles” means and includes, but is not limited to minibikes and go-carts.
G. “Prima facie” means legally sufficient to establish a fact or a case unless disproved.
H. “Property” (line), means something to which a person has legal title and or use, and defines the legal boundaries of property.
I. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment shall not include standard automobile radios or tape players when heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment as used in this chapter shall not include warning devices in authorized emergency vehicles, or horns or other warning devices in any vehicle, which are used only for traffic safety purposes.
J. “Sound level” (noise level), in decibels (db) means the sound pressure level as measured with the “A” weighted and slow response by a sound meter.
K. “Sound level meter” means an instrument including a microphone, an amplifier, an output meter, and frequency weighted networks for the measurement of sound levels which satisfy the pertinent specifications published by the American National Standards Institute, New York, New York, in “American Standard Sound Level Meters for the measurement of noise and Other Sounds,” S1.41971, or the most recent revision thereof.
L. “Sound truck” means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. (Ord. 94-14 § 2 (part), 1994)
9.54.030 Decibel measurement criteria.
Decibel measurement made pursuant to the provision of this article shall be based on a reference sound pressure of 0.0002 microbars as measured with a sound level meter using the “A” weighted network. (Ord. 94-14 § 2 (part), 1994)
9.54.040 Excessive noise or sounds prohibited.
It is unlawful for any person to make, continue, allow or cause to be made or emanate any excessively, unnecessarily, unnaturally or unusually loud noise or sound; or allow or cause to be made any excessively, unnecessarily, unnaturally or unusually loud noise or sound from any radio, phonograph, disc player, tape deck, stereo, television or other mechanical, electrical or electronic sound amplification device or instrument which annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace or safety of other persons within the city; such act or acts hereby being declared a public nuisance. In interpreting and applying this section, the following shall apply:
A. Emanating noise or sound shall be defined for these purposes as excessively, unnecessarily, unnaturally or unusually loud when it is plainly audible to a person at a minimum distance of ten feet from the source of such noise or sound. Proof of same shall be prima facie evidence of a violation of this section.
B. Prima facie evidence that such noise or sound annoys, disturbs, injures or endangers the comfort, repose, quiet, health, peace, business or safety of other persons is shown by proof of subsections (A) and (D) of this section, or a complaint by a person or persons regarding such noise or sound.
C. The distance from the source of such noise or sound shall be measured from the actual source itself except where the source is located on private property in which case the distance shall be measured from the property line.
D. Alternative prima facie evidence that such noise or sound is excessively, unnecessarily, unnaturally or unusually loud is shown by a sound level exceeding the ambient sound level by more than five decibels measured at the property line or, in the case of common wall construction of condominiums, apartments or business facilities, measured within the adjoining occupied unit.
E. Nothing in this section prohibits or declares unlawful or a nuisance:
1. The operation of warning or amplification devices by emergency, fire or law enforcement vehicles or personnel;
2. Lawful use of vehicle horns or backup warning devices;
3. Private or public warning or alarm equipment or systems;
4. The conduct of previously authorized and otherwise lawful public activity such as parades, speeches, lectures, ceremonies, entertainment, sports, music or recreation events; or
5. The usual and customary operation of bells, gongs, buzzers or similar mechanical, electrical or electronic sound amplification devices to mark time or call to attendance for an otherwise lawful use or purpose.
F. Sound Amplification Devices - (Ref. Motor Vehicle Code, Section 27007):
Sound Amplification Devices - 27007. No driver of a vehicle shall operate, or permit the operation of any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway, unless that system is being operated to request assistance or warn of a hazardous situation. This section shall not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications, or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events, except that use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution.
G. Public Park/City Facilities.
1. Sound or noise produced by sound amplification equipment used at all city parks and other city facilities shall be measured at points not greater than one hundred feet from the sound source within city parks or facilities and shall not exceed eighty-five decibels.
2. It should be the event sponsor’s responsibility to monitor and measure the sound at regular intervals of approximately thirty minutes to insure that sound levels are below the standard decibels. The sponsor shall provide a sound level meter to accomplish this task.
3. Failure of the event sponsor to enforce the sound limits may result in any or all of the following:
a. The forced curtailment of activities as ordered by the police department.
b. Citation issued by the police department under the city’s nuisance ordinance.
c. Forfeiture of deposits placed with the city by the sponsor for use of the facility.
H. Construction Sites. Sounds or noises produced by normal construction activity associated with construction of a building shall be limited to the sound levels listed below:
|
300 feet to the noise receiver |
Unrestricted noise level |
|
200 feet to the noise receiver |
90 decibels at the property line of the noise source |
|
100 feet to the noise receiver |
80 decibels at the property line of the noise source |
|
50 feet to the noise receiver |
70 decibels at the property line of the noise source |
These limits shall be measured from the property line of the inhabited building to the property line of the construction site. (Ord. 2002-03 § 1, 2002; Ord. 94-14 § 2 (part), 1994)
9.54.050 Monitoring procedures.
The following procedures shall be employed for monitoring and evaluating noise in the community unless otherwise specified in this section:
A. The evaluation shall be conducted any time of the day or night when the offending noise is being operated.
B. For outside measurements, the location selected for monitoring shall be at a point at least ten feet from any building, wall, or obstruction (trees, bushes, etc.) whenever possible. In cases where no point on the property line satisfies this criteria, readings will be taken as far as possible from the nearest obstruction and such distance will be noted. For inside measurements, the monitoring location shall be at least three feet from any wall.
C. The sound level meter shall be equipped with an omnidirectional microphone.
D. No individual other than the operator shall be within ten feet when possible of the sound level meter during the sample period. (Ord. 94-14 § 2 (part), 1994)
9.54.060 Public address system.
A. Registration Statements - Filing. Every user of sound amplifying equipment shall file a registration statement with the city ten days prior to the date on which the sound amplifying equipment is intended to be used, which statement shall contain the following information:
1. The name, address and telephone number of both the owner and user of the sound amplifying equipment;
2. The maximum sound producing power of the sound amplifying equipment which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which sound will be audible from the sound amplifying equipment.
3. The dates and times such equipment is intended to be used.
B. Registration Statements - Approval. The city shall return to the applicant within five working days an approval copy of the registration statement or disapproval. In the event the registration statement is disapproved, the city shall endorse upon the statement its reasons for disapproval and return it forthwith to the applicant.
C. Revocation. The city shall revoke any existing or issued permit when it is found that the applicant has not met all the requirements and conditions specified in this chapter or the permit.
D. Appeal. Any person aggrieved by an action of the city regarding a registration statement may appeal such decision to the city council.
E. Regulations. No sound emanating from such sound amplifying equipment shall exceed fifteen decibels above the ambient noise as measured at any property line.
In any event, the volume of sound shall be so controlled that it will not be a public nuisance or unreasonably loud, raucous, jarring, disturbing, or cause annoyance or discomfort to reasonable person of normal sensitivity within the area of audibility. (Ord. 94-14 § 2 (part), 1994)
9.54.070 Exceptions.
The provisions of this chapter shall not apply to:
A. Construction, repair or remodeling work accomplished pursuant to a building electrical, plumbing, mechanical, or other construction permit issued by the city or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of seven a.m. and ten p.m. on any day.
B. Emergency work. (Ord. 94-14 § 2 (part), 1994)
9.54.080 Interpretation and penalty for violation.
A. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the requirements of this chapter, shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine not exceeding the maximum allowed by state law for an infraction. At present, pursuant to Government Code Section 36900, the maximum penalty for an infraction is a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year, and a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.
B. No provision of this chapter shall be deemed to bar any legal, equitable, or summary remedy to which the city or any person may otherwise be entitled to under applicable state and/or federal laws, regulations and statutes. This chapter is not the exclusive regulation of noise within the city limits. It shall be supplement and be an addition to the other regulatory statutes and ordinances, hereafter enacted by the state, the city or any other legal entity or agency having jurisdiction. (Ord. 98-12 § 2, 1998; Ord. 94-14 § 2 (part), 1994)