Chapter 9.07
NOISE REGULATIONS
Sections:
9.07.010 Purpose, intent and findings.
9.07.040 General sound level standards.
9.07.050 Sound level measurement methodology.
9.07.060 Special sound sources standards.
9.07.070 Violations and penalties.
* Prior ordinance history: Ord. 590.
9.07.010 Purpose, intent and findings.
The City Council finds, determines and declares that this chapter has been amended based upon the following facts and purposes:
(1) At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of Norco City residents and degrade their quality of life. The City Council of Norco hereby declares that noise shall be regulated in the manner described herein. This code is intended to establish City of Norco standards regulating noise. This code is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act and no such thresholds are hereby established. (Ord. 979 Sec. 1, 2014)
9.07.020 Exemptions.
Sound emanating from the following sources is exempt from the provisions of this chapter:
A. Facilities owned or operated by or for a governmental agency;
B. Capital improvement projects of a governmental agency;
C. The maintenance or repair of public properties;
D. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile;
E. Public or private schools and school-sponsored activities;
F. Agricultural operations provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile;
G. City Sanctioned Events. The provisions of this title shall not apply to those reasonable sounds emanating from occasional public and private outdoor or indoor gatherings that require a City permit, public dances, shows, bands, sporting and entertainment events conducted and in compliance with such permit;
H. City and other public agency sponsored events;
I. Private construction projects involving no more than one unit located within one-quarter of a mile from an inhabited dwelling; provided, that:
1. Construction does not occur between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday and 7:00 p.m. and 8:00 a.m., on Saturday and Sunday, unless specified by permit;
J. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 8:00 a.m. and 7:00 p.m.;
K. Motor vehicles, other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems;
L. Heating, exhaust, and air conditioning equipment;
M. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety, and welfare;
N. The discharge of firearms consistent with all state laws;
O. Sounds produced by any domestic animals and livestock, specifically including dogs and roosters;
P. Construction-related single events or continuous events subject to a permit issued by the City of Norco. (Ord. 979 Sec. 1, 2014)
9.07.030 Definitions.
As used in this code, the following terms shall have the following meanings:
A. “Audio equipment” means a television, stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
B. “Decibel (dB)” means a unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately 130 decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies as defined below:
1. “A-weighting (dBA)” means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds.
2. “Maximum sound level (Lmax)” means the maximum sound level measured on a sound level meter.
C. “Governmental agency” means the United States, the State of California, Riverside County, City of Norco, any city within Riverside County, any special district within Riverside County or any combination of these agencies.
D. “Land use permit” means a discretionary permit issued by the City of Norco pursuant to Title 18.
E. “Motor vehicle” means a vehicle that is self-propelled.
F. “Motor vehicle sound system” means a stereo, radio, tape player, compact disc player, MP3 player, iPod or other similar device.
G. “Noise” means any loud, discordant or disagreeable sound.
H. “Occupied property” means property upon which is located a residence, business or industrial or manufacturing use.
I. “Off-highway vehicle” means a motor vehicle designed to travel over any terrain.
J. “Public property” means property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks, and alleys.
K. “Public or private school” means an institution conducting academic instruction at the preschool, elementary school, junior high school, high school, or college level.
L. “Sensitive receptor” means a land use that is identified as sensitive to noise in the noise element of the Riverside County general plan, as applicable to the City of Norco, or the Norco Municipal Code, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries.
M. “Sound amplifying equipment” means a loudspeaker, microphone, megaphone or other similar device.
N. “Sound level meter” means an instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data. (Ord. 979 Sec. 1, 2014)
9.07.040 General sound level standards.
No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior sound level on any other occupied property to exceed the sound level standards set forth in Table 1 or that violates the special sound source standards set forth in Section 9.07.060.
|
Land Use |
Land Use Designation Name |
Density |
Maximum Decibel Level |
|
|---|---|---|---|---|
|
7 am—10 pm |
10 pm—7 am |
|||
|
Community Development |
Estate Density Residential |
2 ac |
55 |
45 |
|
Very Low Density Residential |
1 ac |
55 |
45 |
|
|
Low Density Residential |
1/2 ac |
55 |
45 |
|
|
Medium Density Residential |
2—5 |
55 |
45 |
|
|
Medium High Density Residential |
5—8 |
55 |
45 |
|
|
High Density Residential |
8—14 |
55 |
45 |
|
|
Very High Density Residential |
14—20 |
55 |
45 |
|
|
Highest Density Residential |
20+ |
55 |
45 |
|
|
Retail Commercial |
|
65 |
55 |
|
|
Office Commercial |
|
65 |
55 |
|
|
Tourist Commercial |
|
65 |
55 |
|
|
Community Center |
|
65 |
55 |
|
|
Light Industrial |
|
75 |
55 |
|
|
Heavy Industrial |
|
75 |
75 |
|
|
Business Park |
|
65 |
45 |
|
|
Public Facility |
|
65 |
45 |
|
|
Specific Plan—Residential |
|
65 |
45 |
|
|
Specific Plan—Commercial |
|
55 |
55 |
|
|
Specific Plan—Light Industrial |
|
65 |
55 |
|
|
Specific Plan—Heavy Industrial |
|
75 |
55 |
|
|
Rural Community |
Estate Density Residential |
2 ac |
55 |
45 |
|
Very Low Density Residential |
1 ac |
55 |
45 |
|
|
Low Density Residential |
1/2 ac |
55 |
45 |
|
|
Rural |
Rural Residential |
5 ac |
45 |
45 |
|
Rural Mountainous |
10 ac |
45 |
45 |
|
|
Rural Desert |
10 ac |
45 |
45 |
|
|
Agriculture |
Agriculture |
10 ac |
45 |
45 |
|
Open Space |
Conservation |
|
45 |
45 |
|
Conservation Habitat |
|
45 |
45 |
|
|
Recreation |
|
45 |
45 |
|
|
Rural |
20 ac |
45 |
45 |
|
(Ord. 979 Sec. 1, 2014)
9.07.050 Sound level measurement methodology.
If the sound standard being applied is measured in decibels, then sound level measurements pursuant to this section shall be required to establish a violation of this chapter. If the sound standard being applied is not measured in decibels, then sound level measurements are not required to establish a violation of this chapter. Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9.07.080. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be reverified. Sound level meters and calibration equipment shall be certified annually. (Ord. 979 Sec. 1, 2014)
9.07.060 Special sound sources standards.
The general sound level standards set forth in Section 9.07.040 apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards, the failure to comply with which constitutes separate violations of this chapter:
A. Motor Vehicles.
1. Off-Highway Vehicles.
a. No person shall operate an off-highway vehicle unless it is equipped with a USDA-qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.
b. No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this subsection, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287.
2. Sound Systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m., such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than 100 feet from the vehicle. Sound level measurements may be used, but are not required to establish a violation of this subsection.
B. Power Tools and Equipment. No person shall operate any power tools or equipment between the hours of 10:00 p.m. and 8:00 a.m. such that the power tools or equipment are audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 100 feet from the power tools or equipment. Sound level measurements may be used, but are not required to establish a violation of this subsection.
C. Audio Equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment. Sound level measurements may be used, but are not required to establish a violation of this subsection.
D. Sound Amplifying Equipment and Live Music. No person shall install, use or operate sound amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control:
1. Sound amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m.
2. Sound emanating from sound amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 100 feet from the equipment or music.
Sound level measurements may be used, but are not required to establish a violation of this subsection. (Ord. 979 Sec. 1, 2014)
9.07.070 Violations and penalties.
A. Violation of the provisions of this chapter may be enforced pursuant to the enforcement provisions set forth in Title 1, including Chapter 1.04, General Penalties; Chapter 20.40, Enforcement and Penalties; Chapter 3.34, Civil Penalties; or Chapter 18.48, Enforcement, Legal Procedures and Penalties.
B. The fine schedule for a violation of this chapter enforced pursuant to Chapter 1.04, General Penalties, shall be in the amount of:
1. Two hundred dollars for the first violation;
2. Four hundred dollars for a second violation occurring within three years of the first violation; or
3. Six hundred dollars for a third violation occurring within three years of the first violation.
C. The fines set forth in subsection (B) of this section may be modified by a resolution of the City Council establishing an administrative citation schedule not to exceed $1,000 per violation and which may include increased fines for repeat violations and penalties.
D. The City Manager or his designee may reduce the fines set forth in subsection (B) or (C) of this section in the event he or she finds that the violation is not likely to reoccur, the violator cooperated with enforcement officials in attempting to enforce the provisions of this chapter and resolve the issues giving rise to the violation, the actions of the violator giving rise to the violation were not malicious and were not taken in deliberate disregard of the provisions of this chapter, and the ends of justice would not be served by imposing the full fine. (Ord. 979 Sec. 1, 2014)
9.07.080 Duty to cooperate.
No person shall refuse to cooperate with, or obstruct, the enforcement officials identified in Section 9.07.080 when they are engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter. (Ord. 979 Sec. 1, 2014)