CHAPTER 2
NOISE CONTROL

Article 1    FINDINGS REGARDING NOISE

4.2.102 Findings.

The City Council finds that the making, creation, or maintenance of loud, unnecessary, unnatural, unusual, or habitual noise that are prolonged, unusual, and unnatural in their time, place, and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity of the residents of the City. The provisions of this section are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quite of the City and its inhabitants.

Article 2    REGULATIONS OF NOISE GENERALLY

4.2.202 Definitions.

In this article, unless the context otherwise requires:

a.    "Commercial purpose" shall mean and include the use, operation, or maintenance of sound-amplifying equipment for the purpose of advertising business, goods or services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage to or for a performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment or for the purpose of paging employees or customers.

b.    "Emergency work" shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.

c.    "Motor vehicle" shall mean a motor vehicle as defined by the California Vehicle Code.

d.    "Non-commercial purpose" shall mean and include the use, operation or maintenance of sound equipment for other than a commercial purpose. Non-commercial purpose includes philanthropic, political, patriotic and charitable purposes.

e.    "Sound-amplifying equipment" shall mean a machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment does not include:

1)    A standard automobile radio when used and heard only by the occupant of the vehicle in which the radio is installed; or

2)    A warning device on authorized emergency vehicle or horn or other warning device used for traffic safety purposes.

f.    "Sound truck" shall mean a motor vehicle regardless of motive power, whether in motion or stationary, having sound-amplifying equipment mounted or attached to it.

4.2.204 Unreasonable Noise Prohibited.

a.    It is unlawful and a nuisance for any person within the residential areas of the City persistently to maintain, emit, cause, mechanically or otherwise, or permit any animal owned by him/her or in his or her possession to control to make any loud, disturbing, or habitual noise or any noise that annoys or disturbs or injures or endangers the health, repose, peace, or safety of any reasonable person of normal sensitivity present in the area.

b.    The standards that shall be considered in determining whether a violation of the provisions of this chapter exists shall include but not be limited to the following:

1)    The level, intensity, character, and duration of the noise;

2)    The level, intensity, and character of background noise, if any;

3)    The time when and the place and zoning district in which the noise is occurring;

4)    The proximity of the noise to residential sleeping facilities; and

5)    Whether the noise is recurrent, intermittent, or constant.

4.2.206 General Noise Regulations.

a.    It is unlawful for a person to willfully make a loud, unnecessary or unusual noise which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitiveness residing in the area.

b.    The standards which shall be considered in determining whether a violation of this article exists include, but are not limited, to the following:

1)    The volume of the noise;

2)    Whether the nature of the noise is usual or unusual;

3)    The proximity of the noise to residential sleeping facilities;

4)    The nature and zoning of the area within which the noise emanates;

5)    The time of the day or night the noise occurs;

6)    The duration of the noise;

7)    Whether the noise is continuous, recurrent or intermittent;

8)    Whether the noise is produced by a commercial or non-commercial activity; and

9)    The number of persons in the neighborhood who have complained of the noise.

4.2.208 Prohibitions.

Except as otherwise provided in this article it is unlawful for a person to do any of the following acts:

a.    Operate or play a radio, television set, stereo, phonograph, receiving set, tape or compact disk player, jukebox, musical instrument or similar device between 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle from which it is located or a distance of 50 feet from the device if outside;

b.    Create noise on a street, sidewalk or public place adjacent to a school or church while in use or to a hospital if the noise unreasonably interferes with the working of the institution or the peace or quiet of a hospital patient;

c.    Operate a lawn mower or leaf blower between sunset and 8:00 a.m. or operate other machinery between the hours of 10:00 p.m. and 8:00 a.m. in a manner causing excessive noise to nearby residents;

d.    Operate or perform construction or repair work (which creates noise) within or adjacent to a residential land use district except during the following hours:

1)    Monday through Friday: 7:30 a.m. to 7:00 p.m.

2)    Saturdays, Sundays and holidays: 9:00 a.m. to 7:00 p.m.;

e.    Install, use or operate a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted on a sound truck for the purpose of transmitting sound to a person in or on a street, sidewalk, park or public property without a permit obtained under Section 4.2.210.

(Sec. 1, Ordinance No. 02-15, adopted January 27, 2015)

4.2.210 Exception Permits; Permit for Sound –Amplifying Equipment.

a.    Permit General. The City Manager may grant a permit allowing an exception to this chapter, or permitting the use of sound-amplification equipment, subject to the requirements of this section.

An application for either type of permit must be submitted at least three working days before the proposed activity and must be accompanied by an application fee in the amount set by City Council resolution.

The City Manager’s decision may be appealed to the City Council under Section 1.8.002 through Section 1.8.008.

b.    Exception Permit. The City Manager may grant a permit allowing an exception to Section 4.2.206 or Section 4.2.208 (a) through (d) for as short a period of time as is reasonable if the permit applicant demonstrates all of the following:

1)    Compliance with this chapter would be impractical or unreasonable;

2)    Which mitigation measures will be implemented to minimize the sound disturbance; and

3)    The absence of any objection from nearby residents or businesses (by written consent or by their failure to object after notice is sent by the City).

The City Manager may impose reasonable conditions on the granting of the permit.

c.    Permit for Sound-Amplification Equipment. The City Manager may grant a permit to allow sound-amplification equipment, subject to reasonable restrictions regarding time, place and manner of use for the safety and convenience of the public. The applicant shall submit an application containing the following information:

1)    The name, address and telephone number of both the owner and user of the sound-amplifying equipment;

2)    The maximum wattage to be used, and the approximate distance for which sound will be audible from the sound-amplifying equipment;

3)    The license number, if a sound truck is to be used;

4)    A general description of the sound-amplifying equipment which is to be used;

5)    Whether the sound-amplifying equipment will be used for commercial or non-commercial purposes;

6)    Which measures will be implemented to reduce noise to neighbors;

7)    Where the equipment will be used; and

8)    During which day(s) and hour(s) the equipment will be used.

If the application is denied, the City Manager shall advise the applicant in writing of the reasons for denial.

4.2.212 Emergency Work.

This chapter does not apply to emergency work.

4.2.214 Remedies and Penalties for Violation.

a.    Violation an Infraction. A person who violates a provision of this chapter is guilty of an infraction and subject to the penalty set forth in Section 1.5.002(d).

b.    Violation a Public Nuisance. A violation of this chapter is a public nuisance and may be abated by a civil action including a restraining order or injunction.

4.2.216 Violation – Penalty.

Each violation of this article shall constitute a separate offense. Persons violating this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punished in accordance with Section 1.5.002.

Article 3    ANIMAL NOISE

4.2.302 Violation

a.    It is unlawful for any person to own, possess, harbor, keep, maintain, or permit in or upon any premises within the City any dog, cat, fowl, or other animal or bird to bark, yelp, howl, or create noise in a manner that unreasonably disturbs the peace of any person, unless at the time of the complaint, a person or other animal was trespassing or threatening to trespass upon the private property of the owner or person in custody or control of the animal, or the animal was being teased or provoked in any manner. An unreasonable disturbance shall include, but not be limited to, the making of such noise continuously and incessantly for a period of fifteen minutes within any thirty-minute period, or intermittently for one-half hour or more, to the disturbance of any other person. A person in violation of this section shall be guilty of an infraction, unless the person in violation has been convicted of two violations of this section within the 12 months immediately preceding the violation, in which case the violation may be charged as a misdemeanor.

b.    In addition to the standards set out in subsection (a) for determining whether animal noise constitutes an unreasonable disturbance, the following factors may be considered in determining whether a violation of the provisions of this section exists:

1)    The level, intensity, character, and duration of the noise;

2)    The level, intensity, and character of background noise, if any;

3)    The time when the noise is occurring;

4)    The location and zoning district, if known, where the complainant perceives the noise;

5)    The proximity of the noise to residential sleeping facilities; and

6)    Whether the noise is recurrent, intermittent, or constant.

4.2.304 Enforcement.

a.    Citation.

1)    An enforcement officer shall issue a written warning to the animal’s owner or keeper upon a first violation of this section.

2)    The issuance of a citation for a second or subsequent violations of this section shall be within the discretion of the Animal Service Director or other enforcement officer.

3)    In no case shall an enforcement officer issue more than one citation in a 24-hour period to the owner or keeper of an animal for multiple violations occurring on the same property within that time period.

4)    Pursuant to Section 836.5 of the California Penal Code, members of the Oakley Police Department, animal control officers, and code enforcement personnel are authorized to enforce this ordinance and arrest violators thereof. For the purposes of this section only, all personnel authorized to enforce this section are referred to herein as "enforcement officer" or "officer."

b.    Impoundment.

1)    The animal control officer and any other person authorized to enforce this section may cause an animal to be immediately taken into protective custody, if (i) a violation is observed by the officer, and (ii) the enforcement officer determines, after investigating the complaint and interviewing the complainant and the owner or keeper, if he/she can be located, that the noise created by the animal cannot be abated and will continue to disturb the peace of the complainant. The animal may be taken into protective custody if the officer determines that doing so will not create an unreasonable risk of injury or damage to the involved parties, the animal, or private property. If an animal is taken into protective custody, the officer shall immediately provide written notice conspicuously posted on the property from which the animal was taken, or by personal service to the owner or keeper. The notice shall include the conditions under which the animal was taken, how the animal can be redeemed, and the provisions for a hearing under subsection (2). If the owner or address is unknown, notice of the hearing shall be given by posting the same in the office of the police department and by publication of the notice in a newspaper. All persons authorized to enforce this section are hereby authorized and directed, when it is lawful to do so, to enter upon any premises or property for the purposes of inspection or impoundment or any other of his or her official duties related to the enforcement of this section.

2)    An animal placed under protective custody under this section shall be kept and released in accordance with the provisions of Chapter 416-8 of the Contra Costa County Code, as adopted by reference in Section 4.17.002 of this Code.

3)    The owner or keeper of an animal taken into protective custody under this section shall be entitled to a hearing conducted by a hearing officer designated by the City Manager pursuant to the provisions of Chapter 416-8 of the Contra Costa County Code, as adopted by reference in Section 4.17.002 of this Code.

4)    Notice of the impoundment of an animal shall be provided daily during the period of impoundment by conspicuously placing written notice thereof on the property from which the animal was removed. Failure to provide that notice as prescribed or of the owner or keeper of the animal to receive it shall not excuse or create a defense against any citations issued, the impoundment of the animal, or the imposition of charges for the costs of impoundment.

c.    Nuisance Abatement. Nothing in this section shall require or prevent the utilization of nuisance abatement procedures for abatement of the nuisance created by animal noise.

d.    Private Civil Action. Any private person may maintain an action under Civil Code Section 3493 for enforcement of this section declaring animal noise a nuisance, if such acts are especially injurious to such person.

4.2.306 Penalties.

Any person who violates the provisions of this article shall be liable for administrative penalties payable to the City of Oakley in an amount not less than one hundred dollars, nor more than one thousand dollars, for each day in which such violation occurs.