Chapter 9.12
NOISE CONTROL

Sections:

9.12.010    Declaration of policy.

9.12.020    Definitions.

9.12.030    Authority and duties of the noise control office(r) (NCO).

9.12.040    General noise regulations.

9.12.050    Prohibited acts.

9.12.060    Exterior noise limits.

9.12.070    Interior noise standards.

9.12.080    Motor vehicle noise limits.

9.12.090    Special provisions (exemptions).

9.12.100    Exceptions.

9.12.110    Enforcement.

9.12.010 Declaration of policy.

A. In order to control unnecessary, excessive and annoying noise and vibration in the city, it is declared to be the policy of the city to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the city to maintain quiet in those areas which currently exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above acceptable values.

B. It is determined that certain noise levels and vibrations are detrimental to the public health, welfare and safety, and are contrary to public interest. Therefore, the council ordains and declares that creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such in any manner provided by law, including but not necessarily limited to the filing of a civil or criminal action. (Ord. 1032 § 2 (part), 1985)

9.12.020 Definitions.

The following terms shall have the following meanings when used in this chapter:

A. Terminology. All terminology used in this chapter, not defined in this chapter shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

B. “A-weighted sound level” means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(a) or dBA.

C. “Agricultural property” is designated on the official zoning map of the city.

D. “Ambient noise level” means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

E. “Commercial area” means those areas designated C-N, C-R, C-C, and C-T on the official zoning map of the city.

F. “Commercial limited” are those areas designated O and PF on the official zoning map of the city.

G. “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property.

H. “Cumulative period” means an additive period of time composed of individual time segments which may be continuous or interrupted.

I. “Decibel” means a unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.

J. “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces,

Or Similar property.

K. “Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

L. “Fixed noise source” means a stationary device which creates sound 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.

M. “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating, which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used;

N. “Impulsive sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

O. “Industrial area” is designated on the official zoning map of the city.

P. “Intrusive noise” means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level.

Q. “Mobile noise source” means any noise source other than a fixed noise source.

R. “Motor vehicle” means and includes any and all self-propelled vehicles as defined in the California Vehicle Code, including all on-highway type motor vehicles subject to registration under the Code, and all off-highway type motor vehicles subject to identification under the code.

S. “Muffler or sound dissipative device” means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.

T. “Noise control office(r) (NCO)” means the municipal agencies or departments, having lead responsibility for this chapter, or their employees.

U. “Noise disturbance” means any sound which (a) endangers or injures the safety or health of human beings or animals, or(b) annoys or disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real property, or (d) violates the factors set forth in Section 9.12.060 of this chapter. Compliance with the quantitative standards as listed in this chapter shall constitute elimination of a noise disturbance.

V. “Noise zone” includes any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of 5 dB.

W. “Person” means any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

X. “Powered model vehicle” means any self propelled, airborne, waterborne or landborne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.

Y. “Public right-of-way” means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

Z. “Public space” means any real property or structures thereon which are owned or controlled by a governmental entity.

AA. “Pure tone” means any sound which can be judged as audible as a single pitch or a set of single pitches by the noise control officer, the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 HZ and by 15 dB for center frequencies less than or equal to 125 Hz.

AB. “Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.

AC. “Residential area” means any area within the city including R-1, R-2, R-3 and R-4 as defined by the city zoning ordinance.

AD. “Sound amplifying equipment” means any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

AK. “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 meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute specifications for sound level meters, S1.4-1971, or the most recent revision thereof.

AF. “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.

AG. “Vibration perception threshold” means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/see over the range of 1 to 100 Hz. (Ord. 1159 §§ 2, 3, 1990; Ord. 1032 § 2 (part), 1985)

9.12.030 Authority and duties of the noise control office(r) (NCO).

Lead (Agency/Official). The noise control program established by this chapter shall be administered by the community development department (administration/special exceptions of time periods greater than forty-eight hours/ zoning enforcement) and the police department (noise violation enforcement/special exceptions of time periods less than forty-eight hours). (Ord. 1032 § 2 (part), 1985)

9.12.040 General noise regulations.

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to wilfully or negligently make or continue, or cause to be made or continued, or permit or allow to be made or continued any noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity in the area.

No permit shall be issued for any activity that may violate this section.

The factors which may be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:

A. The sound level of the objectionable noise;

B. The sound level of the ambient noise;

C. The proximity of the noise to residential sleeping facilities;

D. The nature and zoning of the area within which the noise emanates;

E. The number of persons affected by the noise source;

F. The time of day or night the noise occurs;

G. The duration of the noise and its tonal, informational or musical content;

H. Whether the noise is continuous, recurrent or intermittent;

I. Whether the noise is produced by a commercial or noncommercial activity. (Ord. 1159 § 4, 1990; Ord. 1032 § 2 (part), 1985)

9.12.050 Prohibited acts.

A. Noise Disturbances Prohibited. No person shall make, continue or cause to be made or continued, or permit or allow to be made or continued, any noise disturbance in such a manner as to be plainly audible at a distance of fifty feet from the noisemaker; provided, nothing in this section shall be construed to prohibit any noise which does not penetrate beyond the boundaries of the noisemaker’s own premises or does not constitute an unreasonable disturbance to people lawfully on said premises.

B. Specific Prohibitions. The acts, as set forth in this section, arid the causing or permitting thereof, are declared to be in violation of this chapter.

1. Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound:

a. Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 9.12.060 of this chapter, except for activities for which a exception has been issued by the noise control office.

b. In such a manner as to exceed the levels set forth for public space in Table 1 of Section 9.12.060 of this chapter, measured at a distance of at least fifty feet (fifteen meters) from such device operating on a public right-of-way or public space.

2. Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 9.12.060 of this chapter, except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the noise control office.

3. Street Sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area of the city except by exception issued by the noise control office. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed or permitted public entertainment events.

4. Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks’ meows, squawks or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone.

5. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 9.12.060 of this chapter.

6. Construction/Demolition.

a. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between weekday hours of seven p.m. and seven a.m., or any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work of public service utilities or by exception issued by the community development department. (This section shall not apply to the use of domestic power tools as specified in subsection B 10 of this section.

b. Noise Restrictions at Affected Properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum noise levels at affected properties will not exceed those listed in the following schedule:

i. At Residential Properties.

Mobile Equipment

Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment:

 

Single-

Family Residential

Multi-

family Residential

Mixed Residential/

Commercial

Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m.

75 dBA

80 dBA

85 dBA

Daily, 7:00p.m. to 7:00 a.m. and all day Sunday and legal holidays

60 dBA

65 dBA

70 dBA

Stationary Equipment

Maximum noise levels for repetitively scheduled and relatively long-term operation (periods of ten days or more) of stationary equipment:

 

Single-

Family Residential

Multi-

family Residential

Mixed Residential

/Commercial

Daily, except Sundays and legal holidays 7:00 a.m. to 7:00 p.m.

60 dBA

65 dBA

70 dBA

Daily, 7:00 p.m. to 7:00 am. and all day Sunday and legal holidays

50 dBA

55 dBA

60 dBA

ii.  At Business Properties.

Mobile Equipment

Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: Daily, including Sunday and legal holidays, all hours; maximum of 85 dBA.

Stationary Equipment

Maximum noise levels for repetitively scheduled and relatively long-term operations of stationary equipment: Daily, including Sundays and legal holidays, all hours; maximum of 75 dBA.

All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order.

7. Vibration. Operating or permitting the operation of any device that creates a vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at one hundred fifty feet (forty-six meters) from the source if on a public space or public right-of-way.

8. Powered Model Vehicles. Operating or permitting the operation of powered model vehicles:

a. Between the hours of seven p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 9.12.070 of this chapter.

b. In such a manner as to exceed the levels set forth for public space land use in Table 1 of Section 9.12.060 measured at a distance not less than one hundred feet (thirty meters) from any point on the path of a vehicle operating on public space or public right-of-way.

9. Emergency Signaling Devices.

a. The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in subsection B 9 b of this section.

b. i. Testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty seconds.

ii. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before seven a.m. or after ten p.m. The time limit specified in subsection B 9 b i of this section shall not apply to such complete system testing.

c. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within thirty minutes of activation.

10. Domestic Power Tools, Machinery.

a. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between ten p.m. and seven a.m., so as to create a noise disturbance across a residential or commercial real property line.

b. Operating a power blower in a residential zone or within two hundred feet of a residential zone between six p.m. and eight a.m., seven days a week.

c. Operating a power blower in any nonresidential zone between six p.m. and seven a.m., Monday through Saturday, or between six p.m. and eight a.m. Sunday.

d. Operating a power blower in such a manner as to exceed the following standard:

Location Measurement

Maximum Noise Level, dBA

50 feet from the blower

70dB

e. Operating a gasoline-fueled blower any time on a Sunday.

f. Any motor, machinery, or pump, such as swimming pool equipment, etc., shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 9.12.060 of this chapter.

11. Residential Air-Conditioning or Air-Handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed any of the following sound levels:

Measurement Location

Units Installed Before

1-1-80 dB(A)

Units Installed

on or After 1-1-80 dB(A)

Any point on neighboring property line, five feet above grade level, no closer than

three feet from any wall

60

55

Outside the neighboring living area window nearest the equipment location, not more than three feet from the window opening, but at least three feet from any other surface

55

50

(Ord. 1327 § 2, 1997; Ord. 1273 § 2, 1994; Ord. 1261 § 2, 1994; Ord. 1159 § 5, 1990; Ord. 1032 § 2 (part), 1985)

9.12.060 Exterior noise limits.

A. Maximum Permissible Sound Levels at Receiving Land Use.

1. The noise standards for the various categories of land use identified by the noise control office(r) as presented in Table 1 of Section 9.12.070 shall, unless otherwise specifically indicated, apply to all such property within a designated zone.

2. No person shall cause or allow to cause, any source of sound at any location within the incorporated city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed:

a. The noise standard for that land use as specified in Table 1 of Section 9.12.070 for a cumulative period of more than thirty minutes in any hour; or

b. The noise standard plus 5 dB for a cumulative period of more than fifteen minutes in any hour; or

c. The noise standard plus 10 dB for a cumulative period of more than five minutes in any hour; or

d. The noise standard plus 15 dB for a cumulative period of more than one minute in any hour; or

e. The noise standard plus 20 dB for any period of time.

3. If the measured ambient level differs from that permissible within any of the first four noise limit categories of this section, the allowable noise exposure standard shall be adjusted in 5 dB increments in each category as appropriate to encompass or reflect said ambient noise level.

In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

4. If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus 5 dB shall apply.

5. If possible, the ambient noise should be measured at the same location along the property line utilized in Section 9.12.060, with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise may be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least 10 dB below the ambient in order that only the ambient level be measured. If the difference between the ambient plus the noise source and noise source is 5 to 10 dB, then the level of the source itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

B. Correction for Character of Sound. In the event the alleged offensive noise, as determined by the noise control officer, contains a steady, audible tone such as whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech, the standard limits set forth in Table 1 of this section shall be reduced by 5 dB.

Table No. 1

EXTERIOR NOISE LIMITS

(Levels Not To Be Exceeded More Than Thirty Minutes In Any Hour)

Zoning Category         

Time Period

Noise Level (dBA)

R-1 and R-2 C/OS Low Density Residential

10:00 p.m. - 7:00 a.m.

50

 

7:00 a.m. –10:00 p.m.

55

R-3 and R-4

High Density Residential

10:00 p.m. –7:00 a.m.

50

 

7:00 a.m. –10:00 p.m.

55

O, PF

Ltd. Commercial

10:00 p.m. –7:00 a.m.

55

 

7:00 a.m. –10:00 p.m.

60

C-N, C-R, C-C, C-T

 

60

Commercial

10:00 a.m. –7:00 p.m

60

 

7:00 a.m. –10:00 p.m.

65

C-S

Light Industrial

Any Time

70

M

Heavy Industrial

Any Time

75

(1) The classification of different areas of the community in terms of environmental noise zones shall be determined by the Noise Control Office(r), based upon community noise survey data. Additional area classifications should be used as appropriate to reflect both lower and higher existing ambient levels than those shown. Industrial noise limits are intended primarily for use at the boundary of industrial zones rather than for noise reduction within the zone. (Ord. 1032 § 2 (part), 1985)

9.12.070 Interior noise standards.

A. Maximum Permissible Dwelling Interior Sound Levels.

1. The interior noise standards for multifamily residential dwellings as presented in Table 1 of this section shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

Table No. 1

 

Noise Zone

Type of

Land Use

Time Interval

Allowable Interior

Noise Level (dBA)

 

All Residential Zones

All Multifamily Residential

10:00 p.m. – 7:00 a.m.

40

Land Uses

7:00 a.m. –10:00 p.m.

45

2. No person shall operate or cause to be operated within a dwelling unit, any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:

a. The noise standard as specified in Table 1 of this section for a cumulative period of more than five minutes in any hour, or

b. The noise standard plus 5 db for a cumulative period of more than one minute in any hour; or

c. The noise standard plus 10 dB or the maximum measured ambient, for any period of time.

3. If the measured ambient level differs from that permissible within any of the noise limit categories of this section, the allowable noise exposure standard shall be adjusted in 5 dB increments in each category as appropriate to reflect the ambient noise level.

B. Correction for Character of Sound. In the event the alleged offensive noise, as determined by the noise control officer, contains a steady, audible tone such as a whine, screech or hum, or is a repetitive noise such as hammering or riveting, or contains music or speech conveying informational content, the standard limits set forth in Table 1 of this section shall be reduced by 5 dB. (Ord. 1032 § 2 (part). 1985)

9.12.080 Motor vehicle noise limits.

A. Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of seven p.m. and six-thirty a.m. within or adjacent to a residential area.

B. Motorized Recreational Vehicles Operating Off Public Right-of-way. No person shall operate or cause to be operated any motorized recreational vehicle off public right-of-way in such a manner that the sound levels emitted therefrom violate the provisions of Section 9.12.070 of this chapter. This section shall apply to all motorized recreational vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go carts, amphibious craft, campers, snowmobiles and dune buggies, but not including motorboats.

C. Vehicle, Motorboat or Aircraft Repair and Testing.

1. Repairing, rebuilding modifying or testing any motor vehicle, motorboat or aircraft in such a manner as to create a noise disturbance across a residential real property line, or at any time to violate the provisions of Section 9.12.070 of this chapter.

2. Nothing in this section shall be construed to prohibit, restrict, penalize, enjoin or in any manner regulate the movement of aircraft which are in all respects conducted in accordance with, or pursuant to, applicable federal laws or regulations.

D. Standing Motor Vehicles. No person shall operate or permit the operation of any motor vehicle with a gross weight rating (GVWR) in excess of ten thousand pounds, or any auxiliary equipment attached to such a vehicle, for a period longer than fifteen minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, or a public right-of-way or public space within one hundred fifty feet (forty-six meters) of a residential area, between the hours of ten p.m. and seven a.m. (Ord. 1032 2 (part). 1985)

9.12.090 Special provisions (exemptions).

A. Emergency Exemption. The provisions of this chapter shall not apply to: (a) the emission of sound for the purpose of alerting persons to the existence of an emergency, or (b) the emission of sound in the performance of emergency work.

B. Warning Devices. Warning devices necessary for the protection of public safety, as for example, police, fire and ambulance sirens, and train horns, shall be exempted from the provisions of this chapter.

C. Outdoor Activities. The provisions of this chapter shall not apply to outdoor gatherings, public dances, shows and sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the city relative to the staging of the events.

D. Exemptions from Exterior Noise Standards. The provisions of Section 9.12.060 of this chapter shall not apply to activities covered by the following sections:

1. Section 9.12.050 B 3, Street Sales;

2. 9.12.050 B 6, Construction/Demolition;

3. 9.12.050 B 10, Domestic Power Tools, Machinery;

4. 9.12.050 B 11, Residential Air-Conditioning or Air-Handling Equipment;

5. 9.12.080 A, Refuse Collection Vehicles.

E. Agricultural Operations. All mechanical devices, apparatus or equipment associated with agricultural operations conducted on agricultural property unless, if in the vicinity of residential land uses, in which case an exception permit is required (Section 9.12.100 of this chapter) to operate noise producing devices, with the following stipulations:

1. Operations do not take place between eight p.m. and six-thirty a.m.; or

2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or

3. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the noise control officer; or

4. Such devices utilized for pest control which incorporate stationary or mobile noise sources (electromechanical bird scare devices, etc.) are operated only by permit issued by the noise control office(r). The allowable hours and days for operation of these devices will be specified in the permit.

5. All equipment and machinery powered by internal combustion engines shall be equipped with a proper muffler and air intake silencer in good working order.

F. Federal or State Preempted Activities. Any other activity to the extent regulation thereof has been preempted by state or federal law shall be exempted from the regulations of this chapter.

G. Preexisting Noise Sources. Those commercial and/or industrial operations in existence prior to the date of adoption of this chapter, if in compliance with local zoning statutes, shall be granted a two year period from the date of adoption with which to comply with the provisions of this chapter. If, at the end of the two year period, it can be shown that compliance with the provisions in this chapter constitutes a hardship in terms of technical and economic feasibility, an exception may be granted on an annual basis until such time as compliance may be effected. No more than three exceptions will be allowed on a specific project. (Ord. 1032 § 2 (part).1985)

9.12.100 Exceptions.

A. Special Exceptions.

1. The noise control office(r) is authorized to grant exceptions from any provision of this chapter, subject to limitations as to area, noise levels, time limits and other terms and conditions as the noise control office(r) determines are appropriate to protect the public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.

2. Any person seeking an exception pursuant to this section shall file an application with the noise control office(r). The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee as established by council resolution. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the noise control office(r) containing any information to support his or her claim. If at any time the noise control office(r) finds that a sufficient controversy exists regarding an application, a public hearing will be held.

3. In determining whether to grant or deny the application, the noise control office(r) shall balance denial as a hardship on the applicant against (1) the adverse impact on the health, safety and welfare of other persons affected; (2) the adverse impact on property affected; and (3) any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting exceptions shall be required to submit such information as the noise control office(r) may reasonably require. In granting or denying an application, the noise control office(r) shall keep on public file a copy of the decision and the reasons for denying or granting the exception.

4. Exceptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The exception shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the exception shall terminate the exception and subject the person holding it to those provisions of this chapter for which the exception was granted.

5. An exception will not exceed three hundred sixty-five days from the date on which it was granted. Application for extension of time limits specified in exceptions or for modification of other substantial conditions shall be treated like applications for initial exceptions under subsection (B)(2) of this section.

6. Exceptions lasting for a duration of less than forty-eight hours may be granted by the chief of police or his or her designated noise control officer. Exceptions lasting for a duration of more than forty-eight hours or dealing with zoning conflicts or machine-generated noise may be granted by the community development department director or his or her designated noise control officer.

B. Exceptions for Time to Comply.

1. Within ninety days following the effective date of this chapter, the owner of any commercial or industrial source of sound may apply to the noise control office(r) for an exception in time to comply with the provisions of this chapter. The noise control office(r) shall have the authority, consistent with this section, to grant an exception (not to exceed one hundred eighty days from the effective date of the ordinance codified in this chapter). The same procedures and considerations by the noise control office(r) as followed under this section shall likewise apply.

C. Appeals. Appeals of an adverse decision under this section of the police department’s noise control office(r) shall be made to the community development department. Review of the community development department shall be limited to whether the decision is supported by substantial evidence. (Ord. 1159 § 6, 1990; Ord. 1032 § 2 (part), 1985)

9.12.110 Enforcement.

A. Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise zone as provided in Table 1 of Section 9.12.060 and Table 1 of Section 9.12.070, or the prohibited actions as provided in Section 9.12.050, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

B. Violations. Any violation of the provisions of this chapter shall be a misdemeanor or be subject to administrative citation. Each hour such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

C. Abatement Orders.

1. In lieu of issuing a notice of violation as provided for in subsection B of this section, the noise control office(r) or police department responsible for enforcement of any provision of this chapter may issue an order requiring abatement of a sound source alleged to be in violation, within a reasonable time period and according to guidelines which the noise control office(r) may prescribe.

2. No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice.

D. Continued Violations. Once a violation of any provision of this chapter has been verified by a noise control or police officer, the owner(s) of the property where the violation occurred may be subject to administrative action or citation for allowing a subsequent violation of this chapter to occur on the property within nine months after the date of a previous violation, provided the property owner has received notification from the city of the previous violation and at least fourteen days have passed since the date the notification was mailed to the property owner(s). (Ord. 1540 § 2, 2010)