Chapter 9.23
NOISE
Sections:
9.23.010 Curfew--Offensive noise.
9.23.020 Unreasonably disturbing noises.
9.23.025 Public health and safety.
9.23.030 Subsequent offense within forty-eight hours.
9.23.010 Curfew--Offensive noise.
A. No person shall between the hours of ten p.m. and eight a.m. make, cause, suffer or permit to be made any offensive noise (1) which is made within one hundred feet of any building or place regularly used for sleeping purposes, or (2) which disturbs, or would tend to disturb, any person within hearing distance of such noise.
B. “Offensive noise” means any noise which is loud, boisterous, irritating, penetrating, or unusual, or that is unreasonably distracting in any other manner, such that it is likely to disturb people in the vicinity of such noise, and includes, but is not limited to, noise made by barking or howling dogs, by an individual alone or by a group of people engaged in any business meeting, gathering, game, dance, or amusement, or by any appliance, contrivance, device, structure, construction, ride, machine, implement, or instrument.
C. Subsection A of this section shall not apply to any person engaged in performance of a contract for public works awarded by the city of Half Moon Bay where the city manager or his or her designee determines that the project has the potential to disrupt traffic and that this disruption could be alleviated by authorizing construction work to commence before eight a.m. and conclude after ten p.m. or that due to time constraints on project completion it is necessary to allow the contractor to work between the hours of ten p.m. and eight a.m.
D. Subsection A of this section shall not apply to any person engaged in performance of a contract for public works awarded by the city of Half Moon Bay, in the event of emergency and if the city manager or his or her designee so authorizes such work.
E. Subsection A of this section shall not apply to any person engaged in the performance of a public or private construction project where the city manager or his or her designee determines that the specific tasks delineated below to be undertaken in connection with the subject construction project require an extended period of time to complete or, due to concerns based on public health and safety, those tasks should be undertaken between the hours of ten p.m. and eight a.m. When this determination has been made, the city manager or his or her designee may authorize such tasks to commence, be completed or be undertaken between the hours of ten p.m. and eight a.m. However, no such tasks shall be undertaken during these hours without the express written permission of the city manager or his or her designee, and then only to the extent and between the hours specifically authorized by the city in writing. In addition, notice of the dates and times that the following tasks will be undertaken shall be provided by the contractor in accordance with city instructions to all residents, tenants and property owners who occupy or own property within three hundred feet of the site at which such tasks will be performed:
1. Large concrete foundation pours which cannot reasonably be split over multiple days;
2. Movement of large quantities of construction materials which cannot safely be completed during normal daytime traffic;
3. Movement of buildings, prefabricated structures or other large items which would cause extensive traffic disruption during non-curfew hours;
4. Construction necessary to minimize disruption of public utilities.
F. Subsection A of this section shall not apply to any person engaged in routine landscaping and maintenance activities performed in connection with a golf course, or to any similar business or lawfully conducted operation, where the city manager or his or her designee determines that such activities must be undertaken between the hours of ten p.m. and eight a.m. in order to carry out the purposes of the operation.
G. Subsection A of this section shall not apply between the hours of ten p.m. and twelve a.m. to any property located outside of the following zoning districts: C-D (Commercial Downtown), C-R (Commercial Residential), C-G (Commercial General), P-S (Public Service) and PUD zoning districts located south of Highway 92 and east of Highway 1. (Ord. C-5-11 §1(part), 2011).
9.23.020 Unreasonably disturbing noises.
A. No person shall make, cause, suffer or permit to be made any noises or sounds which are unreasonably disturbing or physically annoying to people of ordinary sensitivity; or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause physical discomfort to any person.
B. The following noises, among others, are hereby declared to be unreasonably disturbing noises in violation of the provisions of this section; provided, however, such enumeration shall not be deemed or construed as in any degree exclusive, but merely illustrative, it being the intent and purpose of the provisions of this chapter to include and prohibit all noises of the kind and character described in this section:
1. Vehicle Horns and Signaling Devices.
a. The creation, by means of any such signaling device, of any unreasonably loud or harsh sound;
b. The sounding of any such device for an unnecessary and unreasonable period of time;
c. The use of any horn, whistle, or other device operated by engine exhaust;
2. Radios, Phonographs, Musical Instruments and Similar Devices.
a. The using or operating, or permitting to be played, used, or operated, of 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 persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto; and
b. The operation of any such set, instrument, phonograph, machine, or device in such manner as to be plainly audible at a distance of fifty feet from the building, structure, or vehicle in which such device is located which shall be prima facie evidence of a violation of the provisions of this section;
3. Loudspeakers, Amplifiers, and Similar Advertising Devices. The using or 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, whether standalone or as a component of a larger apparatus, 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;
4. Animals and Birds. The keeping of any animal or bird causing frequent or long-continued noise, disturbs the comfort or repose of any persons in the vicinity;
5. Steam Whistles. The blowing of any locomotive steam whistle or steam whistle attached to any stationary boiler except as a warning of fire or danger, or upon the request of proper city authorities;
6. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
7. Pile Drivers, Hammers, and Similar Equipment. The operation, between the hours of eight p.m. and seven a.m., of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other appliance, the use of which is attended by loud or unusual noise;
8. Blowers, Fans, and Combustion Engines. The operation of any noise-creating blower, power fan, or internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device to deaden such noise;
9. Defective or Loaded Vehicles. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
10. Adjacent to Schools, Places of Worship, and Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, or place of worship, while the same is in use or adjacent to any hospital, which noise 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 street is adjacent to a school, hospital, or court;
11. Auto Body Repairs.
a. The repairing of any auto body, or part thereof, except within a completely enclosed building and the noises therefrom are reasonably confined to such building. (Ord. C-10-12 §1(part), 2012: Ord. C-5-11 §1(part), 2011).
9.23.025 Public health and safety.
A. This chapter shall not apply to refuse collection, recyclables collection or street sweeping activities undertaken by, or pursuant to contract with, the city of Half Moon Bay. Similarly, this chapter shall not apply to any other activity undertaken by the city, another governmental agency, or city contractor for public health and safety purposes when, in the judgment of the city or governmental agency, such activity cannot be undertaken effectively or efficiently in compliance with the regulations set forth in this chapter.
B. This chapter shall not apply to any use or event that is conducted in accordance with a permit, and all applicable permit conditions, issued by the city of Half Moon Bay. (Ord. C-10-12 §1(part), 2012: Ord. C-5-11 §1(part), 2011).
9.23.030 Subsequent offense within forty-eight hours.
Any person who violates any section of this chapter and is cited for such a violation, and who within forty-eight hours after receiving such a citation again violates the same section, is guilty of a misdemeanor. A person is cited for a violation when he or she is issued and signs an infraction or misdemeanor citation, or when he or she is arrested and booked, or when a complaint is filed and the person is notified of the filing of such a complaint. (Ord. C-5-11 §1(part), 2011).
9.23.040 Enforcement.
The provisions of this chapter are enforceable without reference to the regulations concerning noise set forth in the zoning ordinance and the fact that the city officer issuing a citation has not obtained a scientific noise measurement prior to issuing the citation shall not constitute a defense. (Ord. C-5-11 §1(part), 2011).