Chapter 9.24


9.24.010    Declaration of policy.

9.24.020    Definition.

9.24.030    Prohibited generally.

9.24.040    Public nuisance declared.

9.24.050    Exemptions.

9.24.060    Violations.

9.24.010 Declaration of policy.

It is declared to be the policy of the city that the peace, health, comfort, safety and welfare of its citizens require protection from excessive, unnecessary or unusually loud noises and vibrations from any and all sources in the community. (Ord. 94-12 § 1 (part), 1994)

9.24.020 Definition.

The term “excessive, unnecessary or unusually loud noise” means a noise disturbance which, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of Marina residents, businesses or education facilities. (Ord. 94-12 § 1 (part), 1994)

9.24.030 Prohibited generally.

It is unlawful for any person to knowingly make, continue, or cause to be made or continued, any excessive, unnecessary or unusually loud noise. In addition to those activities described in Section 9.24.040, a violation may be determined based upon but not limited to the following criteria:

A.    Citizen complaints;

B.    Volume, intensity and duration of the noise;

C.    Proximity of the noise to residential area;

D.    Nature and zoning of area where noise emanates;

E.    Whether the noise is recurrent, intermittent or constant;

F.    Time and day of the week noise occurs. (Ord. 94-12 § 1 (part), 1994)

9.24.040 Public nuisance declared.

The following specific acts, subject to the exemptions provided in Section 9.24.050, are declared to be violations of this chapter and public nuisances:

A.    Using or operating out of doors, for any purpose, any loudspeaker, loudspeaker system, amplification device including a boom box, radio, amplifier, phonograph, stereo, compact disc or tape player, musical instrument or other device for the producing or reproducing of sound, between the hours of ten p.m. and seven a.m., or at any time when such loudspeaker or amplification or similar device described herein is operated in such a manner, whether indoors or outdoors, that it constitutes an excessive, unnecessary or unusually loud noise at a place two hundred feet distant or across a residential or commercial real property line;

B.    Excessive, unnecessary or unusually loud yelling, shouting, talking, whistling or singing out of doors between the hours of ten p.m. and seven a.m. on any day;

C.    Excessive, unnecessary or unusually loud noise emanating from vehicle radios or other sound device, whether the vehicle is on private or public property. The operation of any such radio or sound device in such a manner as to be plainly audible at a distance fifty feet from the vehicle in which it is located or to which it is connected shall be prima facie evidence of a violation of this section. It is expressly stated that this violation is in addition to any similar prohibition found in the California Vehicle Code related to sound amplification systems in vehicles being operated upon a highway;

D.    Operation or use of any of the following, before seven a.m. or after seven p.m. daily, except Sundays and holidays when the prohibited time shall be before ten a.m. and after seven p.m. and when daylight savings time is in effect the hours of permitted operation shall be extended one hour to eight p.m. in such a manner as to create excessive, unnecessary or unusually loud noise: hammers, hand-powered saws, or similar implements; impact wrenches or similar equipment powered by compressed air; tools or pieces of equipment powered by an internal combustion engine such as, but not limited to, chain saws, blowers, and lawn mowers; electrically powered tools or equipment such as, but not limited to, saws, drills, lathes or routers; portable power generators or pumps; or similar noise-producing implements. The above prohibitions are in addition to any similar prohibitions which are found in Section 15.04.070 relating to construction hours and noise related to activities requiring a building, grading, demolition or similar permit;

E.    Excessive, unnecessary or unusually loud noise due to construction, demolition, excavation, erection, alteration or repair activity that disturbs the peace, comfort and tranquility of the occupants of residential property unless it is due to an emergency or properly authorized by the Marina department of public safety or public works department. (Ord. 94-12 § 1 (part), 1994)

9.24.050 Exemptions.

Excessive, unnecessary or unusually loud noise as used in this chapter does not include noise or sound generated by the following:

A.    Cries for emergency assistance and warning signals;

B.    Radios, sirens, horns and bells on police, fire, and other emergency response vehicles;

C.    Parades, rallies, and other special events for which a permit has been obtained from the city are exempted provided there is compliance with all conditions which have been noted in writing on the permit. Excessive, unnecessary or unusually loud noise produced as a result of noncompliance with any condition specified on the permit is not exempt from the requirements of this chapter;

D.    Refuse collection pursuant to city franchise;

E.    Activities on or in publicly owned property and facilities, or by public employees or city franchisees, while in the authorized discharge of their responsibilities, are exempt provided that such activities have been authorized by the owner of such property or facilities or its agent. (Ord. 94-12 § 1 (part), 1994)

9.24.060 Violations.

Any person, operator, driver, owner, agent or manager operating, ordering, directing or allowing the operation or maintenance of any device, object or machine, which produces excessive, unnecessary or unusually loud noise or who otherwise violates this chapter shall be deemed guilty of violating this code and shall be punished as provided by Sections 1.08.010 and 1.08.030. (Ord. 94-12 § 1 (part), 1994)