Chapter 8.28


8.28.010    Purpose.

8.28.020    Prohibited noises.

8.28.030    Noise from commercial operations.

8.28.040    Leaf blowers.

8.28.050    Exemptions.

Prior legislation: Ord. 495.

8.28.010 Purpose.

The city is mostly developed with noise-sensitive residential uses. Excessive noise levels are detrimental to the health and safety of individuals. Excessive noise is considered a public nuisance and the city prohibits unnecessary, excessive, or annoying noises from all sources. Creating, maintaining, causing, or allowing to be created, caused or maintained any noise or vibration in a manner prohibited by the provisions of this chapter is a public nuisance and shall be punishable as a misdemeanor. (Ord. 701 § 2 (Exh. 1), 2012)

8.28.020 Prohibited noises.

Unless otherwise permitted in this chapter, no person shall make, permit to be made or cause to suffer any noises, sounds or vibrations that are so loud, prolonged and harsh as to be annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity. When considering whether a noise, sound or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration:

A. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business;

B. Whether the noise is prolonged and continuous;

C. How the noise contrasts with the ambient noise level;

D. The proximity of the noise source to residential and commercial uses;

E. The time of day; and

F. The anticipated duration of the noise. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 203 § 1, 1961)

8.28.030 Noise from commercial operations.

No person shall, within the city, operate or cause the operation, or suffer or permit the operation upon any premises owned, occupied or controlled by such person, of any tool, machine or other thing designated or used for the manufacture of goods, wares, buildings or structures, or for any commercial purpose, the noise from which can be heard at any point on any other premises, other than during the hours of seven a.m. until seven p.m. Monday, Tuesday, Wednesday, and Thursday, seven a.m. until five-thirty p.m. Friday, and nine a.m. until five p.m. Saturday. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 438 § 1, 1986; Ord. 310 § 1, 1975; Ord. 287 § 1, 1973; Ord. 258 § 1, 1969; Ord. 203 § 2, 1961)

8.28.040 Leaf blowers.

A. General Prohibition. The use or operation or allowing the use or operation of any portable machine powered with combustion, gasoline or electric-powered engine used to blow leaves, dirt or other debris off sidewalks, driveways, lawns and other surfaces that creates a noise level more than seventy decibels of noise at a distance of fifty feet is prohibited.

B. Permitted Hours. No person shall operate a weed and debris blower at any time other than the days, times, or hours permitted in PVEMC 8.28.030. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 528 § 2, 1991; Ord. 442 § 1, 1987)

8.28.050 Exemptions.

The following activities shall be exempt from the provisions of this chapter:

A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.

B. Warning Devices. Warning devices necessary for the protection of public safety, such as police, fire and ambulance sirens.

C. Outdoor Activities. Activities conducted on fully licensed and approved child day care facilities within residential areas as permitted by law, and on public or private school grounds including without limitation school athletic and school entertainment events.

D. Outdoor gatherings, public dances, shows and sporting events, provided the events are conducted pursuant to a permit issued by the city manager.

E. Public Health and Safety Activities. All transportation, flood control, and utility company maintenance and construction operations at any time on public right-of-way, and those situations that may occur on private property deemed necessary to serve the best interest of the public and to protect the public’s health and well-being, including without limitation street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming catchbasins, removal of damaged poles and vehicles, and repair of water hydrants and mains, gas lines, oil lines, and sewers. (Ord. 701 § 2 (Exh. 1), 2012)