SBMC Chapter 7.34 NOISE ABATEMENT AND CONTROL

B. The making and creating of disturbing, excessive, offensive or unusually loud noises within the jurisdictional limits of the city is a condition which has persisted and the level and frequency of occurrence of such noises continue to increase.

C. The making, creation or continuance of such excessive noises which are prolonged or unusual in their time, place and use affect and are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the city.

D. Every person is entitled to an environment in which the noise is not detrimental to his or her life, health and enjoyment of property.

E. The necessity in the public interest for the provisions and prohibitions contained and enacted in this chapter is declared to be a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions contained and enacted in this chapter are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the city and its inhabitants.

F. In furtherance of the above objective, the city council will when appropriate initiate cooperation with other area agencies, including the 22nd Agricultural District, the Federal Aviation Administration and military authorities at Camp Pendleton and Miramar Naval Air Station, to reduce noise as part of maintaining an overall environment in which noise is not detrimental to life, health, commerce and the enjoyment of property.

G. In consideration of noise abatement and control, the effects of noise on the citizens of Solana Beach shall be considered more important than the measured level of such noises. (Ord. 190 § 1, 1994; Ord. 147 § 1, 1991)

7.34.020 Definitions.

Whenever the following words and phrases are used in this chapter, unless otherwise defined herein, they shall have the meaning ascribed to them in this section:

A. “Aircraft” means any powered vehicle which at any time of its operation is airborne and is used to transport people or materials for whatever purpose.

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

C. “Average sound level” means a sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, the general rule being set forth in American National Standards Institute Specifications for Sound Level Meters S1.4-1971. Average sound level is also called equivalent continuous sound level (Leq).

D. “Commercial purpose, loudspeaking amplifiers for advertising” means and includes the use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment.

E. “Container” means any receptacle, regardless of contents, manufactured from wood, metal, plastic, paper or any other material including but not limited to any barrel, basket, box, crate, tub, bottle, can or refuse container.

F. “Decibel” means a unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.

G. “Disturbing, excessive or offensive noise” means:

1. Any sound or noise which constitutes a nuisance involving discomfort or annoyance to persons of normal sensitivity residing in the area;

2. Any sound or noise exceeding criteria standards, or levels as set forth in this chapter.

H. “Emergency work” means work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from imminent exposure to danger or damage or work by public or private utilities when restoring utility service.

I. “Motor vehicles” means any and all self-propelled vehicles as defined in the California Vehicle Code and shall specifically include, but not be limited to, “minibikes” and “go-carts.”

J. “Noise control officer” means the city manager of the city of Solana Beach, or his duly authorized representatives.

K. “Noise level” means “sound level” and the terms may be used interchangeably in this chapter.

L. “Noncommercial purpose, loudspeaking amplifiers for advertising” means the use, operation or maintenance of any sound equipment for other than a “commercial purpose.” “Noncommercial purposes” means and includes, but shall not be limited to, philanthropic, political, patriotic and charitable purposes.

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

N. “Powered model vehicles” means, but shall not be limited to, airborne, waterborne or land vehicles such as model airplanes, model boats, and model vehicles of any type or size which are not designed for carrying persons or property and which can be propelled in any form other than manpower or wind power.

O. “Sound-amplifying equipment” means any machine or device, mobile or stationary, used to amplify music, the human voice, or any sound.

P. “Sound level (noise level)” means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighted network as specified in American National Standards Institute Specifications for Sound Level Meters (ANSI S1.4-1971, or the latest revision thereof). If the frequency weight employed is not indicated, the A-weight is implied.

Q. “Sound level meter” means the instrument, including a microphone, an amplifier, readout, and frequency weighted networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in the American National Standards Institute Specifications for Sound Level Meters, S1.4-1971, or the latest revision thereof.

R. “Sound truck” means any motor vehicle or other vehicle regardless of motive power whether in motion or stationary having mounted thereon, built-in or attached thereto any sound-amplifying equipment other than a car radio or television.

S. “Watercraft” means any boat, ship, barge, craft or floating thing designed for navigation in the water which is propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel possessing a valid marine document issued by the United States Bureau of Customs or any federal agency successor thereto.

Supplementary definitions of technical terms not defined in this section shall be obtained from the American National Standard, “Acoustical Terminology” S1.1-1961 (R-1971) or the latest revision thereof. (Ord. 147 § 1, 1991)

7.34.030 Sound level measurement.

A. Any sound or noise level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the A-weight and “slow” response pursuant to applicable manufacturer’s instructions.

B. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler-type to assure meter accuracy within the tolerances set forth in the American National Standards ANSI S1.4-1971.

C. For outside measurements, the microphone shall be not less than four feet above the ground, at least four feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens and the location selected shall be at any point on the affected property. In cases when the microphone must be located within 10 feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five feet of the noise source.

D. For inside measurements, the microphone shall be at least three feet distant from any wall, ceiling or partition, and the average measurement of at least three microphone positions throughout the room shall be determined. (Ord. 147 § 1, 1991)

7.34.040 Sound level limits.

A. Unless a permit has been applied for and granted pursuant to this chapter, it shall be unlawful for any person to cause or allow the creation of any noise to the extent that the one-hour average sound level, at any point on or beyond the boundaries of the property on which the sound is produced, exceeds the applicable limits set forth below except as provided in SBMC 7.34.170 and construction noise level limits governed by SBMC 7.34.100. The noise subject to the limits set forth below is that part of the total noise at the specified location that is due solely to the action of said person. The limits apply to the source of the noise only, not the source of the noise plus the ambient noise level.


Zone	Applicable Limit One-Hour Average Sound Level (Decibels)
ER1, ER2, LR, LMR, MR	7:00 a.m. to 10:00 p.m.	50
Residential	10:00 p.m. to 7:00 a.m.	45

MHR, HR	7:00 a.m. to 10:00 p.m.	55
Residential	10:00 p.m. to 7:00 a.m.	45

C, LC, OP	7:00 a.m. to 10:00 p.m.	60
Commercial Office	10:00 p.m to 7:00 a.m.	55

LI, SC	7:00 a.m. to 10:00 p.m.	70
Light Industrial and Special Commercial	10:00 p.m. to 7:00 a.m.	60

PI, ROW	7:00 a.m. to 10:00 p.m.	60
Public/Institutional	10:00 p.m. to 7:00 a.m.	45

OSR	7:00 a.m. to 10:00 p.m.	60
Park/Recreational	10:00 p.m. to 7:00 a.m.	45

B. In the event the alleged offensive noise, as judged 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, the applicable limits set forth above shall be reduced by five dB. The noise control officer may use an octave band spectral filter coupled to a sound level meter to aid in the judgment of the presence of an audible tone. If the sound intensity measured in any audible octave band exceeds that in adjacent bands by five dB, then an audible tone shall be judged as present.

C. The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits for the two districts.

D. Fixed location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this section, measured at or beyond six feet from the boundary of the easement upon which the equipment is located.

E. “Noise control officer” as used in this chapter shall mean the city manager or his/her designee. (Ord. 399 § 1, 2009; Ord. 190 § 2, 1994; Ord. 147 § 1, 1991)

7.34.050 Motor vehicles.

A. Repairs of Motor Vehicles. It is unlawful for any person within the city to repair, rebuild or test any motor vehicle in such a manner as to cause disturbing, excessive or offensive noises as defined in SBMC 7.34.020.

B. On-Highway. Violations for exceeding applicable noise level limits as to persons operating motor vehicles on a public street or highway in the city shall be prosecuted under applicable California Vehicle Code provisions and under federal regulation adopted pursuant to 42 U.S.C. 4905 (a)(1)(A), (B) and (C)(ii), (iii) for which enforcement responsibility is delegated to local governmental agencies.

C. Off-Highway. Except as otherwise provided for in this chapter, it shall be unlawful to operate any motor vehicle of any type on any site other than on a public street or highway as defined in the California Vehicle Code in a manner so as to cause noise in excess of those noise levels permitted for on-highway motor vehicles as specified in the table “35 miles per hour or less speed limits” contained in Section 23130 of the California Vehicle Code.

D. Emergency Vehicles. Nothing in this section shall apply to authorized emergency vehicles when being used in emergency situations.

E. Urban Transit Buses. Buses as defined in the California Vehicle Code shall at all times comply with requirements of this section. (Ord. 147 § 1, 1991)

7.34.060 Powered model vehicles.

It is unlawful for any person to operate any powered model vehicle except between the hours of 7:00 a.m. and 9:00 p.m. and then only in such a manner so as not to emit noise in excess of those levels set forth in SBMC 7.34.040; however, if powered model vehicles are operated in public parks at a point more than 100 feet from the property line, the noise level shall be determined at a distance of 100 feet from the noise source instead of at the property line, and noises from powered model vehicles measured at that distance in excess of the noise limits specified in SBMC 7.34.040 are prohibited. (Ord. 147 § 1, 1991)

7.34.070 Solid waste management vehicles and parking lot and sidewalk vacuums.

No person shall operate, or permit to be operated, a refuse compacting, processing, or collection vehicle or a parking lot or sidewalk vacuum between the hours of 6:00 p.m. and 6:30 a.m. in or immediately adjacent to any residential area of the city unless a permit has been applied for and granted pursuant to this chapter. (Ord. 399 § 2, 2009; Ord. 147 § 1, 1991)

7.34.080 Leaf blowers.

A. Regulation. It is unlawful for any person to use or operate within the city any leaf blower powered by a two-stroke gas-powered engine to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces, except between the hours of 9:00 a.m. and 5:00 p.m. Only non-commercial residential uses of leaf blowers are permitted on Sundays.

B. No person shall operate any leaf blower without attachment of all mufflers and full extension tubes supplied by the manufacturer for that leaf blower.

C. Beginning January 1, 2011, no leaf blower powered by a two-stroke gas engine shall be permitted to operate within the city. (Ord. 399 § 3, 2009; Ord. 147 § 1, 1991)

7.34.090 Watercraft.

Violations for excessive noise of watercraft operating in waters under the jurisdiction of the city shall be prosecuted under applicable provisions of the California Harbors and Navigation Code. (Ord. 147 § 1, 1991)

7.34.100 Construction hours and noise levels limited.

A. The erection, demolition, alteration or repair of any building structure or the grading or excavation of land in such a manner as to create disturbing, excessive or offensive noise during the following hours, except as hereinafter provided, is a violation of this code:

1. Before 7:00 a.m. or after 7:00 p.m., Monday through Friday, and before 8:00 a.m. or after 7:00 p.m. on Saturday;

2. All day on Sunday, New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and Christmas Day.

B. Exceptions.

1. An owner/occupant or resident/tenant of residential property may engage in home improvement or a home construction project involving the erection, demolition, alteration or repair of a building or structure or the grading or excavation of land on any weekday between the hours of 7:00 a.m. and 7:00 p.m., and on weekends between the hours of 8:00 a.m. and 7:00 p.m.; provided such project is for the benefit of the residential property and is personally carried out by said owner/occupant or resident/tenant.

2. The city manager may grant exceptions of this section by issuing a permit in the following circumstances:

a. When emergency repairs are required to protect the health and safety of any member of the community;

b. In nonresidential zones, provided there are not inhabited dwellings within 1,500 feet of the building or structure being erected, demolished, altered or repaired or the exterior boundaries of the site being graded or excavated.

C. Construction noise levels shall not exceed 75 decibels for more than eight hours [Leq (8)] during any 24-hour period when measured at or with in property lines of any property which is developed and used either in part or in whole for residential purposes.

In the event that lower noise limit standards are established for such construction activity pursuant to state or federal law, such lower limits shall be used as a basis for revising and amending the noise level limits specified in subsection C of this section. (Ord. 147 § 1, 1991)

7.34.110 Containers and construction material.

It is unlawful for any person to handle or transport or cause to be handled or transported in any public place, any container or any construction material in such a way as to create a disturbing, excessive or offensive noise as defined in SBMC 7.34.020. (Ord. 147 § 1, 1991)

7.34.120 Signal device for food trucks.

No person shall operate or cause to have operated or used any sound signal device other than sound-amplification equipment attached to a motor vehicle wagon or manually propelled cart from which food or any other items are sold which emits a sound signal more frequently than once every 10 minutes in any one street block and with a duration of more than 10 seconds for any single emission. The sound level of this sound signal shall not exceed 80 decibels at 50 feet. (Ord. 190 § 3, 1994; Ord. 147 § 1, 1991)

7.34.130 Multiple-family dwelling units.

Notwithstanding any other provisions of this code, is shall be unlawful for any person to create, maintain or cause to be maintained any sound within the interior of any multiple-family dwelling unit which causes the noise level to exceed those limits set forth in the following table in any other dwelling unit. The monitoring procedures outlined under SBMC 7.34.030 shall be followed in enforcing this section.

Multiple-Family Dwelling Units
Type of Land Use	Time	Allowable Interior Noise Level Not to Exceed
Multifamily Residential	10:00 p.m. to 7:00 a.m.	45 dbA	40dbA	35dbA
	7:00 a.m. to 10:00 p.m.	55dbA	50dbA
		At any time	1 minute in 1 hour	5 minutes in 1 hour

(Ord. 147 § 1, 1991)

7.34.140 General noise regulations.

A. General Prohibitions. Notwithstanding SBMC 7.34.040, it is unlawful for any person to make, continue or cause to be made or continued, within the limits of the city, any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area.

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

1. The level of noise;

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

3. Whether the origin of the noise is natural or unnatural;

4. The level of the background noise;

5. The proximity of the noise to sleeping facilities;

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

7. The density of the inhabitation of the area within which the noise emanates;

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

9. The duration of the noise; and

10. Whether the noise is recurrent, intermittent or constant.

B. Disturbing, Excessive and Offensive Noises. The following acts, among others, are declared to be disturbing, excessive or offensive noises in violation of this section, but the enumeration shall not be deemed to be exclusive, namely:

1. Horns, Signaling Devices, Etc. Disturbing, excessive or offensive noises associated with the use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicles except as provided in SBMC 7.34.100, are prohibited and constitute a violation of this section.

2. Stationary Nonemergency Signaling Devices. The use, operation or the permitting to be used or operated of any stationary nonemergency signaling device including, but not limited to, outside telephone bells, buzzers, beepers or paging systems in such a manner as to disturb the peace, quiet or comfort of neighboring residents or persons of normal sensitivity residing in the area is prohibited.

3. Radios, Television Sets, Phonographs and Similar Devices.

a. Uses Restricted. The use, operation, or permitting to be played, used or operated, any radio, musical instrument, phonograph, CD player, automobile or truck sound system, television set or other device for the production or reproduction of sound in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity residing in the area; or in a manner to exceed those levels set forth in SBMC 7.34.040 when measured at a distance of 25 feet from such device operating in a public right-of-way or public space, except that subject to permit issued by the city of Solana Beach parks and recreation department specifying time, location and other conditions, amplified sound may be permitted within city parks; provided, that said sound does not exceed a level of 90 decibels 50 feet from the source or exceed those levels set forth in SBMC 7.34.040 at the park boundary. This provision will be enforced by the director, parks and recreation department, or his duly authorized representative.

4. Loudspeaking Amplifiers for Advertising. The use, operation or the permitting to be played, used or operated of any sound production or reproduction device or machine including, but not limited to, radio receiving sets, phonographs, musical instruments, loudspeakers and sound amplifiers, for commercial or business advertising purposes in, upon, over or across any street, alley, sidewalk, park or public property in such a manner as to violate the provisions of this chapter is prohibited. This provision shall not be applicable to sound-amplifying equipment mounted on any sound truck or vehicle for commercial or noncommercial purposes where the owner or operator complies with the following requirements:

a. The only sound permitted is music or human speech.

b. Operations are permitted between the hours of 8:00 a.m. and 9:00 p.m., or after 9:00 p.m. during public events and affairs of interest to the general public.

c. Sound-amplifying equipment shall not be operated unless the sound truck upon which such equipment is mounted is operated at a speed of at least 10 miles per hour, except when such truck is stopped or impeded by traffic. Where stopped by traffic the sound-amplifying equipment shall not be operated for longer than one minute at each stop.

d. Sound shall not be issued within 100 yards of hospitals, schools or churches.

e. The volume of sound shall be controlled so that the volume is not raucous, jarring, disturbing or a nuisance to persons within the area of audibility and so that the volume of sound shall not exceed a sound level of 65 decibels (on the A scale) at a distance of 50 feet from the sound-amplifying equipment as measured by a sound level meter which meets the American National Standard ANSI S1.4-1971 or the latest revision thereof.

f. No sound-amplifying equipment shall be operated unless the axis of the center of any sound-reproducing equipment used shall be parallel to the direction of travel of the sound truck; provided, however, that any sound-reproducing equipment may be so placed upon the sound truck as to not vary more than 15 degrees either side of the axis of the center of the direction of travel.

g. No sound truck with its amplifying device in operation shall be driven on the same street past the same point more than twice in a period of one hour.

5. Yelling, Shouting, Etc. Disturbing or raucous yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any other time or place so as to annoy or disturb the quiet, comfort or repose of neighboring residents or persons of normal sensitivity within the area for whatever reason, is prohibited.

6. Hawkers and Peddlers. The shouting or crying out of any peddlers, hawkers and vendors which disturbs the peace and quiet of a neighborhood or persons of normal sensitivity is prohibited. This provision shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at sporting events, parades, fairs, celebrations, festivals, circuses, carnivals and other similar special events for public entertainment.

7. Drums, Other Instruments. The use of any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the city is prohibited. This provision shall not apply to any person who is a participant in a school band or legally authorized parade or who has been otherwise duly authorized by the city to engage in such conduct.

8. Animals. The keeping or maintenance, or the permitting to be kept or maintained upon any premises owned, occupied or controlled by any person of any animal which by any frequent or long-continued noise shall cause annoyance or discomfort to persons of normal sensitivity in the vicinity; provided, however, that nothing contained herein shall be construed to apply to occasional noises emanating from legally operated dog and cat hospitals, humane societies, pounds, farm and/or agricultural facilities.

9. Schools, Libraries, Churches, Hospitals. The creation of any noise on any street, sidewalk or public place adjacent to any school, institution of learning (except recreational areas of schools), church or library, while the same are in use; or adjacent to a hospital, rest home, or long-term medical or mental care facility which noise interferes with the workings of such institution or which disturbs or annoys patients in the hospital, rest home or long-term medical or mental care facility, provided conspicuous signs are displayed in such streets, sidewalks or public places indicating the presence of a school, institution of learning, church, library, rest home or long-term medical or mental care facility, is prohibited.

10. Steam Whistles and Air Horns. The operation, use or causing to be operated or used of any steam whistle attached to any stationary boiler or of any air horn is prohibited except to give notice of the time to start or stop work or as a sound signal of imminent danger. Use of steam whistles and air horns for time signals shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

11. Engines and Motor Vehicles. Any disturbing or raucous noises caused off streets or highways by racing or accelerating the engine of any motor vehicle while moving or not moving, by the willful backfiring of any engine and exhaust from the engine tailpipe or muffler, or from the screeching of tires, is prohibited.

12. Evidence to Initiate Investigation. The written affirmation by two persons having separate residences that a violation of this section disturbs the peace and quiet of such persons shall be sufficient evidence to prompt an investigation by the city as to whether a violation of this section of this chapter has occurred. (Ord. 399 § 4, 2009; Ord. 190 §§ 4, 5, 6, 1994; Ord. 147 § 1, 1991)

7.34.150 Burglar alarms.

A. Any building burglar alarm must have an automatic cutoff, capable of terminating its operation within 15 minutes of the time it is activated. Notwithstanding the requirements of this provision, any member of the sheriff’s department of the county of San Diego shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm during the period of its activation.

B. No owner of a motor vehicle shall have in operation an audible burglar alarm therein unless such burglar alarm shall be capable of terminating its operation within 15 minutes of the time it is activated. Notwithstanding the requirements of this provision, any member of the sheriff’s department of the county of San Diego shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed on a motor vehicle at any time during the period of its activation. (Ord. 147 § 1, 1991)

7.34.160 Miscellaneous offenses.

Helicopters shall not be permitted to land within the city of Solana Beach except for emergency or public agency training purposes, without a special permit granted by the city council. (Ord. 190 § 7, 1994; Ord. 147 § 1, 1991)

7.34.170 Exemptions.

A. Emergency Work. The provisions of this chapter shall not apply to any emergency work as defined herein; provided, that:

1. The noise control officer has been notified in advance, if possible, or as soon as practical after the emergency; and

2. Any vehicle, device, apparatus or equipment used, related to or connected with emergency work is designed, modified or equipped to reduce sounds produced to the lowest possible level consistent with effective operation of such vehicle, device, apparatus or equipment.

B. Sporting, Entertainment, Public Events. The provisions of this chapter shall not apply to:

1. Those reasonable sounds emanating from authorized school bands, school athletic and school entertainment events;

2. Sporting, entertainment and public events which are conducted pursuant to a license or permit issued by the city for noise exceeding criteria, standards or levels as set forth in this chapter;

3. Those reasonable sounds emanating from a sporting, entertainment, or public event; provided, however, it shall be unlawful to exceed those levels set forth in SBMC 7.34.040 when measured at or within the property lines of any property which is developed and used either in part or in whole for residential purposes unless a permit has been granted pursuant to this chapter allowing sounds in excess of said levels.

C. Federal or State Preempted Activities. The provisions of this chapter shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law.

D. Minor Maintenance to Residential Property. The provisions of SBMC 7.34.040 shall not apply to noise sources associated with minor maintenance to property used either in part or in whole for residential purposes, provided said activities take place between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday or between the hours of 8:00 a.m. and 7:00 p.m. on Saturday. Work on Sundays and holidays is prohibited unless an owner/ occupant or resident/tenant is engaged in the minor maintenance between the hours of 8:00 a.m. and 7:00 p.m.

E. Agricultural Operations. The provisions of SBMC 7.34.040 shall not apply to equipment associated with agricultural operations; provided, that all equipment and machinery powered by internal-combustion engines is equipped with a proper muffler and air intake silencer in good working order, and provided further, that:

1. Operations do not take place between 7:00 p.m. and the following 7:00 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 county department of agriculture. (Ord. 399 § 5, 2009; Ord. 147 § 1, 1991)

7.34.180 Manner of enforcement.

The county sheriff shall have primary responsibility for the enforcement of SBMC 7.34.050 and 7.34.150; provided, however, that whenever noise level measurements are required for enforcement, the sheriff shall be assisted by the noise control officer and/or his duly authorized representatives with instrumentation operated and provided by the noise control officer. The noise control officer shall have primary responsibility for the enforcement of all other provisions of this chapter. Pursuant to the provisions of Penal Code Section 836.5, the above-specified enforcement officers are designated as and given the powers of arresting officers including the power to issue citations. Violations of these regulations will be prosecuted in the same manner as other infraction or misdemeanor violations of the municipal code, however, nothing in these regulations shall prevent the sheriff or the noise control officer or his duly authorized representatives from efforts to obtain voluntary compliance by way of warning, notice or educational means. (Ord. 147 § 1, 1991)

7.34.190 Violation – Penalty.

Penalties are designated by SBMC 1.16.010. (Ord. 147 § 1, 1991)

7.34.200 Violations – Additional remedies – Injunctions.

As an additional remedy the operation or maintenance of any device, instrument, vehicle, machinery, or other item in violation of any provision of this chapter for which operation or maintenance causes discomfort or annoyance to persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents in the area, shall be deemed and is declared to be a public nuisance and shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 147 § 1, 1991)

7.34.210 False statement.

No person shall knowingly make a false statement or submit a false document to the noise control officer as to any matter within his jurisdiction. (Ord. 147 § 1, 1991)

7.34.220 Reproductions of permits, etc.

No person shall make, reproduce, alter or cause to be made, reproduced or altered a permit, certificate, or other document issued by the noise control officer or required by this chapter if the purpose of such reproduction or alteration is to evade or violate the provisions of this chapter. (Ord. 147 § 1, 1991)

7.34.230 Display of permits.

Any permit, certificate or other notice required in this chapter shall be displayed or maintained on the premises designated thereon. (Ord. 147 § 1, 1991)

7.34.240 Temporary permits to exceed noise limits.

The noise control officer shall evaluate all applications for temporary permits to exceed the noise limits of this chapter and may grant the permit with respect to time for compliance, subject to such terms, conditions, and requirements as he may deem reasonable to achieving compliance with the provisions of the chapter. Each such permit shall set forth in detail the approved method of achieving compliance and a time schedule for its accomplishment. If in the judgment of the noise control officer, the time for compliance cannot be reasonably determined, a permit to cause the noise may be issued for a specified period of time, subject to revocation or modification after review by the noise control officer at interim times to be designated by the noise control officer in the permit. In determining the reasonableness of the terms of any proposed permit, the noise control officer shall consider the magnitude of nuisance caused by the offensive noise, the uses of the property within the area of impingement by the noise, operations carried on under the existing nonconforming rights or conditional use permits or zone variances, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment and general public interest and welfare. (Ord. 399 § 6, 2009; Ord. 147 § 1, 1991)

7.34.250 Applications for temporary permits.

Every applicant for a temporary permit required by this chapter shall file with the noise control officer a written application on a form prescribed by the officer. The application shall state the name and address of the applicant, the nature of the noise source involved, and such other information as the noise control officer may require. (Ord. 399 § 7, 2009; Ord. 147 § 1, 1991)

7.34.260 Application fees.

Every applicant, except any state or local governmental agency or public district, shall pay a fee of $100.00 for each application for a temporary permit. A request for a duplicate permit shall be made in writing to the noise control officer within 10 days after the destruction, loss or defacement of a permit. A fee of $5.00 shall be charged, except to any state or local government agency or public district, for issuing a duplicate permit. (Ord. 399 § 8, 2009; Ord. 147 § 1, 1991)

7.34.270 Extension fees.

If a permit is to be extended beyond the original use termination date on the permit, the extension fee shall be $50.00. (Ord. 399 § 9, 2009; Ord. 147 § 1, 1991)

7.34.280 Actions on applications.

A. The noise control officer shall act, within 30 days if possible, on an application for a permit and shall notify the applicant in writing by mail or in person of the action taken, namely approval, conditional approval, or denial. Notice of the action taken shall be deemed to have been given when the written notification has been deposited in the mail, postpaid addressed to the address shown on the application, or when personally delivered to the applicant or his representative. Before acting on an application for a permit, the noise control officer may require the applicant to furnish further information or further plans or specifications. Failure of the applicant to provide such further information or further plans or specifications within 10 days shall be grounds for denial of the permit.

B. In the event of denial of an application for a permit, the noise control officer shall notify the applicant in writing of the reasons therefor. Service of this notification may be made in person or by mail, and such service may be proved by the written acknowledgment of the person served or affidavit of the person making the service. The noise control officer shall not accept a further application unless the applicant has complied with the objections specified by the noise control officer as his reasons for denial. (Ord. 399 § 10, 2009; Ord. 147 § 1, 1991)

7.34.290 Applications deemed denied.

The applicant may, at his option, deem the permit denied if the noise control officer fails to act on the application within 30 days after filing, or within 10 days after applicant furnishes the further information, plans and specifications requested by the noise control officer, whichever is later. (Ord. 399 § 11, 2009; Ord. 147 § 1, 1991)

7.34.300 Provision of sampling and testing facilities.

A person operating under a permit shall provide and maintain such sampling and testing facilities as specified in the permit. (Ord. 399 § 12, 2009; Ord. 147 § 1, 1991)

7.34.310 Appeals.

Within 10 days after notice by the noise control officer of denial or conditional approval of a permit, or within 10 days after the effective date of the revocation of a permit by the noise control officer, the affected person may petition the city council, in writing, for a public hearing. The city council, after notice and a public hearing after filing the petition, may sustain, reverse or modify the action of the noise control officer; such order may be made subject to specified conditions. (Ord. 399 § 13, 2009; Ord. 147 § 1, 1991)

7.34.320 Filing of petition for hearing.

A request for a hearing shall be initiated by the filing of a petition with the city manager’s office. A copy of the petition shall also be served to the noise control officer. Service may be made in person or by mail and service may be proved by written acknowledgment of the person served or by the affidavit of the person making the service. (Ord. 147 § 1, 1991)

7.34.330 Contents of petition.

A petition to review a denial or conditional approval of a permit shall include a copy of the permit application, and a copy of the noise control officer’s action setting forth the reasons for the denial or the conditions of the approval, and the reasons for appeal. A petition to review a permit revocation shall include a copy of the permit, the noise control officer’s revocation notice, including his reasons for revocation, and the reasons for appeal. (Ord. 399 § 14, 2009; Ord. 147 § 1, 1991)

7.34.340 Dismissal of petition.

The petitioner may dismiss his petition at any time before submission of the case to the city council, without a hearing or meeting of the city council. The city manager’s office shall notify all interested persons of such dismissal. (Ord. 147 § 1, 1991)

7.34.350 Place of hearing.

All hearings shall be held at the city council chambers. (Ord. 147 § 1, 1991)

7.34.360 Notice of hearing.

The city manager’s office shall mail or deliver a notice of hearing to the petitioner and the noise control officer. (Ord. 147 § 1, 1991)

7.34.370 Evidence.

A. Oral evidence shall be taken only on oath or affirmation.

B. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.

C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded. (Ord. 147 § 1, 1991)

7.34.380 Official notice.

The city council may take official notice of any matter which may be judicially noticed by the courts of the state. (Ord. 147 § 1, 1991)

7.34.390 Decision.

The city council may affirm, modify or overrule the noise control officer’s decisions on permit applications, and shall be guided by the same consideration as set forth in SBMC 7.34.010. A majority of the members of the city council shall be necessary for any action. The decision shall be by written order. If requested by either party, the decision shall contain a brief statement of facts found to be true, the determination of the issues presented and the order of the city council. A copy of the decision shall be mailed or delivered to the noise control officer and the petitioner and to every person who files a written request for the decision with the city manager’s office. (Ord. 399 § 15, 2009; Ord. 147 § 1, 1991)

7.34.400 Effective date of decision.

The decision shall become effective 15 days after delivering or mailing a copy of the decision, as provided in SBMC 7.34.380 or the city council may order that the decision shall become effective sooner. (Ord. 147 § 1, 1991)

7.34.410 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The city council declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions have been declared invalid or unconstitutional. (Ord. 147 § 1, 1991)

Chapter 7.34NOISE ABATEMENT AND CONTROL

7.34.010 Purpose.