Chapter 9.30


9.30.010  Declaration of policy.

9.30.020  Definitions.

9.30.030  Prohibitions.

9.30.040  Standards.

9.30.050  Hours of enforcement.

9.30.060  Investigation.

9.30.070  Violation – Penalty.

9.30.080  Exemption.

9.30.010 Declaration of policy.

It is declared to be the policy of this city that the peace, health, safety and welfare of its citizens require protection from excessive, unnecessary, and unreasonable noises from any and all sources in the community. It is the intention of the city council to control the adverse effect of such noise on the citizens, especially those noise sources creating noise which has severe impact on any person of normal sensitivities. (Ord. 90-02 § 1, 1990)

9.30.020 Definitions.

Certain words and phrases are defined in this section to clarify their use in this chapter. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

A. “Background noise” means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

B. “City” means the incorporated area of the city.

C. “Emergency work” means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry or work by private or public utilities when restoring utility service.

D. “Noise” means and includes excessive undesirable sound including that produced by persons, pets, livestock, industrial equipment, construction, motor vehicles, aircraft, home appliances, musical instruments, musical reproduction and sound equipment, electric motors, combustion engines, and any other noise-producing objects of equipment.

E. “Person” means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.

F. “Residential property” means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

G. “Zone” means any of the zoning classifications specified in HMC Title 17. (Ord. 90-02 § 1, 1990)

9.30.030 Prohibitions.

It shall be unlawful for any person to make or continue, or cause, or permit to be made or continued, any unnecessary or unusual noise which unreasonably disturbs the peace and quiet of any zone classified R-A, R-1, R-2, R-3, C-1, C-2 or C-3 or which causes discomfort or annoyance to any reasonable person of normal sensitivities located in any such zone, and may be heard, without further amplification, 50 feet or more from the source of the noise. (Ord. 90-02 § 1, 1990)

9.30.040 Standards.

The standards which shall be considered in determining whether a violation of the provisions of this section exist shall include, but not be limited to the following:

A. The volume of the noise;

B. The intensity of the noise;

C. Whether the nature of the noise is natural or unnatural;

D. The volume and density of background noise, if any;

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

F. The nature and zoning of the area in which the noise emanates, and that in which it is heard;

G. The intensity of the inhabitation of the area in which the noise emanates and that in which it is heard;

H. The duration of the noise; and

I. Whether the noise is produced by commercial or noncommercial activity. (Ord. 90-02 § 1, 1990)

9.30.050 Hours of enforcement.

The hours for enforcement shall be between the hours of 10:00 p.m. through 7:00 a.m., Monday through Friday and 10:00 p.m. through 8:00 a.m., Saturday and Sunday and legal holidays as that term is defined in California Government Code Section 6700 as it now exists or shall be amended. (Ord. 90-02 § 1, 1990)

9.30.060 Investigation.

Upon receipt of a complaint from any person, the police department may investigate and assess whether the alleged noise levels exceed the noise standards in this chapter. (Ord. 90-02 § 1, 1990)

9.30.070 Violation – Penalty.

A. Any person violating this chapter is guilty of an infraction.

B. If, within a 24-hour period of the violation, there is a second violation by the same person, the violator shall be guilty of a misdemeanor for the separate offense.

C. If, within the same 24-hour period, there are more than two violations by the same person, each such additional violation shall be deemed a separate and distinct violation and such violator shall be guilty of a misdemeanor for each such violation.

D. Each day such violations are committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 90-02 § 1, 1990)

9.30.080 Exemption.

This chapter shall not be applicable to emergency work. (Ord. 90-02 § 1, 1990)