[1]
Editor's Note: Prior ordinances codified herein include 1958
Code §21.16 and portions of Ordinance Nos. 364, 72-012, 88-001.
[Ord. #91-08, § 2]
It is hereby declared to be the policy of the City of Albany
to prohibit unnecessary, excessive, and annoying noises from all sources
subject to its police power. At certain levels noises are detrimental
to the health and welfare of the citizenry and in the public interests
shall be systematically proscribed. The primary objective of this
chapter is to control noise nuisances, which are not necessary to
the normal functioning of the City, and which, because of their disturbing
nature, have an adverse impact on the health and welfare of people
residing within the City of Albany.
Provisions of this section are intended to be supplemental to
any other provisions of State or local laws, including, but not limited
to California Penal Code Section 415 "Disturbing the Peace", and are
not meant to supersede or otherwise prevent law enforcement officers,
citizens or other individuals from protection rights according to
other applicable laws.
[Ord. #91-08, § 1]
Unless the context otherwise clearly indicates, the words and
phrases used in this chapter shall be defined as follows:
a.
Ambient noise level shall mean the all-encompassing noise level associated
with a given environment, being a composite of sounds from all sources,
excluding the noise in question, at the location and approximate time
at which a comparison with the noise in question is to be made. For
the purpose of this section, ambient noise level is the level obtained
when the noise level is averaged over a period of fifteen (15) minutes
without inclusion of noise from isolated, identifiable sources, at
the location and time of day near that at which a comparison is to
be made. Averaging the noise levels may be done by instrumental analysis
in accordance with the latest approved American National Standards
Institute specifications (ANSI S1.4, 1.4a, S1.8, and S1.42 or the
latest approved version thereof).
b.
'A' weighted sound level shall mean the total sound level in decibels
of all sound as measured with a sound level meter using the 'A' weighted
network to approximate the frequency characteristics of human hearing,
as specified in American National Standards Institute specifications
for sound level meters (ANSI S1.4 and S1.6 or the latest approved
version thereof. The unit of measurement shall be designated as db(A).
c.
Construction shall mean any site preparation, assembly, erection,
substantial repair, alteration, or similar action, for or of public
or private rights-of-way, structures, utilities or similar properties.
d.
Decibel (dB) shall mean a unit for measuring the amplitude of sounds,
equal to twenty (20) times the logarithm of the base ten (10) of the
ratio of the pressure of the sound measured to the reference pressure,
which is twenty (20) micropascals.
e.
Demolition shall mean any dismantling, intentional destruction or
removal of structures, utilities, public or private right-of-way surfaces,
or similar property.
f.
Emergency work shall mean the use of any machinery, equipment, vehicle,
manpower or other activity in a short term effort to protect or restore
safe conditions in the community, or work by private or public utilities
when restoring utility service.
g.
Intruding noise level shall mean the total sound level in decibels,
created, caused, maintained or originating from the source of the
noise in question at a specified location while the source of noise
in question is in operation.
h.
Noise disturbance shall mean any sound which endangers or injures
the safety or health of human beings or annoys or disturbs a reasonable
person of normal sensitivity. The factors which may be considered
in determining whether a noise disturbance exists shall include, but
not be limited to the following:
1.
The relative sound level of the objectionable noise to the ambient
noise.
2.
The proximity of the objectionable noise to residential sleeping
facilities.
3.
The day of the week and time of day or night the objectionable noise
occurs.
4.
The duration of the objectionable noise and its nature.
5.
Whether the objectionable noise is continuous, recurrent or intermittent.
6.
The nature and zoning of the area within which the objectionable
noise emanates.
k.
Person shall mean a person, firm, association, partnership, joint
venture, corporation or any entity, public or private in nature.
l.
Public facilities zoned property shall mean a parcel of real property
which is designated on the City of Albany Zoning Map as PF, Public
Facilities.
m.
Residentially zoned property shall mean a parcel of real property
which is located within an area designated R-1, R-2, R-3, R-4 or HD
districts.
n.
School shall mean public or private institutions, including vocational
schools, conducting regular academic instruction at preschool, kindergarten,
elementary, secondary or collegiate levels.
o.
Significant shall mean any noise which violates any of the provisions
of this chapter.
p.
Sound level meter shall mean an instrument used for measurement of
sound levels which meets the American National Standard Institute's
Standard S1.4-1971 or most recent revision thereof for Type 1 or Type
2 sound level meters or an instrument and the associated recording
and analyzing equipment which will provide equivalent data.
q.
Sound pressure level of a sound, in decibels shall mean twenty (20)
times the logarithm to the base ten (10) of the ratio of the pressure
of the sound to a reference pressure which is twenty (20) micropascals.
r.
Warning device shall mean a siren or horn which is used on a police,
ambulance or fire vehicle, in accordance with the applicable regulations
pertaining to such use. "Warning Device" shall also mean a horn used
by a moving train or any other noise producing device required by
law.
[Ord. #91-08, § 1]
The following criteria shall be used for measuring a noise in question as defined in subsection 8-1.2 of this chapter:
a.
Any noise measurement made pursuant to the provisions of this chapter
shall be made with a sound level meter using the 'A' weighted network
(scale) at slow meter response. Fast meter response shall be used
for an impulsive noise. Calibration of the measurement equipment,
utilizing an acoustic calibrator, shall be performed immediately prior
to recording any noise data.
b.
The exterior noise levels shall be measured at any point on the affected
residential property, school, hospital, church, public library or
commercial property. Where practical, the microphone shall be positioned
three (3') to five (5') feet above the ground or floor level of the
affected property and at least four (4') feet away from reflective
surfaces.
c.
The interior noise levels shall be measured with the windows in a
normal seasonal configuration. The measurement shall be made at a
point at least four (4') feet from the wall, ceiling or floor nearest
the affected occupied area, and the noise meter shall be pointed in
the general direction of the noise to be measured.
d.
The following information shall be recorded to accompany sound level
measurements:
1.
Name and title of person responding to complaint and performing the
noise measurement.
2.
Name, address, title of person at the location of noise disturbance
and name and address of complainant.
3.
Type of noise source.
4.
Location of noise source relative to complainant's property.
5.
Time period during which noise source is considered by complainant
to be intrusive.
6.
Total duration of noise produced by noise source.
7.
Date and time of noise measurement survey.
8.
Height and location of the sound level meter microphone.
[Ord. #91-08, § 1]
a.
It is unlawful for any person at any location within the City of
Albany to create any noise or to allow the creation of any noise on
property owned, leased, occupied or other-wise controlled by such
person which does not comply with the provisions of this section unless
the provisions of subsection 8-1.13 have been met.
b.
Exterior noise levels when measured at any receiving single or multiple
family residential or public facility zoned property situated in the
City of Albany do not conform to the provisions of this section when
they exceed the noise level standards set forth in Table I or Table
II following:
|
Table I — Receiving Land Use: Properties in All *Residential
and Public Facilities Zones
| ||
|---|---|---|
|
Cumulative Number of Minutes in Any One Hour Time Period
|
Daytime
8:00 a.m.— 10:00 p.m.
|
Nighttime
10:00 p.m.— 8:00 a.m.
|
|
30
|
55
|
50
|
|
15
|
60
|
55
|
|
5
|
65
|
60
|
|
1
|
70
|
65
|
|
0
|
75
|
70
|
|
*Includes R-1 (Residential Low Density Single-Family), R-2 (Residential
Moderate Density), R-3 (Residential High Density), R-4 (Residential
Towers) and HD (Hillside District).
|
|
Table II — Receiving Land Use: Properties in All Other
Zones* Not Covered in Table I
| ||
|---|---|---|
|
Cumulative Number of Minutes in Any One Hour Time Period
|
Daytime
8:00 a.m.— 10:00 p.m.
|
Nighttime
10:00 p.m.— 8:00 a.m.
|
|
30
|
65
|
60
|
|
15
|
70
|
65
|
|
5
|
75
|
70
|
|
1
|
80
|
75
|
|
0
|
85
|
80
|
|
*Includes C-1 (General Commercial), C-2 (Highway Commercial),
and C/S/LI (Commercial, Service, Light Industrial).
|
c.
The noise level limits for Waterfront Zoned (WF) areas of the City
shall be as follows: During the period from 8:00 a.m. to 10:00 p.m.
the noise limits shall be as stated in Table II, above. After 10:00
p.m., the limits shall be as stated in Table I, above.
d.
In the event the measured ambient noise level exceeds the applicable
standards, the thirty (30) minute noise standards in Table I or Table
II shall be adjusted so as to equal said ambient noise level plus
5 dB(A), with the fifteen (15), five (5), one (1) and zero (0) minute
standards adjusted upwards in 5 dB(A) increments, based on the ambient
noise level measured. In no case shall the ambient level standard
exceed a 100 dBa standard for the zero (0) minute measurement.
e.
If the intruding noise source is continuous and cannot reasonably
be discontinued or stopped for a time period whereby the ambient noise
level can be measured, the noise level measured while the source is
in operation shall be compared directly to the applicable noise level
standards in Table I or Table II.
[Ord. #91-08, § 1]
a.
No person shall operate or cause to be operated within any single-family
house, apartment, townhouse, duplex or multiple dwelling unit, in
any zoning district, any source of sound or allow the creation of
any noise which causes the sound level when measured inside a neighboring
receiving dwelling unit to exceed the limits shown in the following
table:
|
Table III — Interior Noise Limits Noise Level Standards,
dB(A)
| ||
|---|---|---|
|
Cumulative Number of Minutes in Any One Hour Time Period
|
Daytime
8:00 a.m.— 10:00 p.m.
|
Nighttime
10:00 p.m.— 8:00 a.m.
|
|
30
|
45
|
40
|
|
15
|
50
|
45
|
|
5
|
55
|
50
|
|
1
|
60
|
55
|
|
0
|
65
|
60
|
b.
In the event the measured ambient noise level exceeds the applicable
standards, the thirty (30) minute noise standards shall be adjusted
in Table III so as to equal said ambient noise level plus 5 dB(A),
with the fifteen (15), five (5), one (1) and zero (0) minute standards
being adjusted upwards in 5 dB(A) increments, based on the ambient
noise level measured. In no case shall the ambient level standard
exceed a 100 dBa standard for the zero (0) minute measurement.
c.
If the intruding noise source is continuous and cannot reasonably
be discontinued or stopped for a time period whereby the ambient noise
level can be measured, the noise level measured while the source is
in operation shall be compared directly to the applicable noise level
standards in Table III.
[Ord. #91-08, § 1]
a.
Sound Amplification Devices. The volume of sound amplification systems
or devices within vehicles within the City shall be subject to the
applicable provisions of the California Vehicle Code and any amendments
thereto, or other provisions as the State may enact.
[Ord. #91-08, § 1]
b.
Warning Devices. Warning devices, as defined in subsection 8-1.2, necessary for the protection of public safety such as, for example, police, fire, ambulance, train horns, sirens, or other devices as required by law shall be exempted from the provisions of this chapter.
c.
Federal or State Preempted Activities. The provisions of this chapter
shall not apply to any other activity to the extent regulation thereof
has been preempted by State or Federal law.
d.
Public Health, Welfare and Safety Activities. The provisions of this
chapter shall not apply to construction or maintenance and repair
operations conducted by public agencies and/or utility companies or
their contractors which are deemed necessary to serve the best interests
of the public and to protect the public health, welfare and safety,
including, but not limited to street sweeping, debris and limb removal,
removal of downed wires, restoring electrical service, repairing traffic
signals, unplugging sewers, vacuuming catch basins, repairing of water
hydrants and mains, gas lines, sewers, storm drains, roads, sidewalks,
etc.
e.
Regularly Scheduled School Athletic Events. The provisions of this
chapter shall not apply to regularly scheduled athletic events conducted
by public schools or licensed private schools, the City Recreation
and Community Services Department, or other seasonal, organized athletic
and recreational programs such as the little league, soccer leagues,
etc. This exception shall apply only between the hours of 8:00 a.m.
and 11:00 p.m.
f.
Parades. The provisions of this chapter shall not apply to parades within the City which are held in compliance with Chapter 5, Section 20 of the Albany Municipal Code.
g.
Construction/Demolition.
1.
Construction and demolition activities conducted within the City
of Albany are permitted in the City of Albany, except as follows,
which are prohibited:
Operating or causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition
work between weekday and Saturday hours of 6:00 p.m. and 8:00 a.m.,
or 6:00 p.m. and 10:00 a.m. on Sundays or legal holidays such that
the sound therefrom creates a noise disturbance across a residential
or commercial real property line, except for emergency work of public
service utilities shall be prohibited.
2.
All construction equipment used in the City of Albany shall be equipped
with appropriate sound muffling equipment, which shall be properly
maintained, and used at all times such equipment is in operation.
3.
The City of Albany Director of Public Works may impose additional restrictions on construction activity if such activity is determined to be creating a noise disturbance, as defined in subsection 8-1.2 n of this chapter. Restrictions shall be limited to those restrictions which are necessary to protect the public health, safety and welfare. In any case, the restrictions imposed may not be more restrictive than the general noise limits specified in this chapter.
[Ord. #91-08, § 1]
b.
The City may determine if an ongoing noise violation or noise disturbance exists, as defined in subsection 8-1.2. The criteria listed under the definition of noise disturbance may be taken into account by the City in determining whether or not a noise disturbance exists. If the City determines that the noise in question does not constitute a noise disturbance, or that a noise disturbance may be eliminated or sufficiently reduced through informal means, the City may refer the parties to formal mediation services, at the sole cost of the private par-ties, within a period not to exceed thirty (30) days.
d.
An aggrieved or affected private party may file a civil action to
enjoin, abate or recover damages from a violator of the provisions
of this chapter.
[Ord. #91-08, § 1]
Any person violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor and upon conviction thereof, shall
be fined in an amount not exceeding five hundred ($500.00) dollars
and/or be imprisoned in the City or County Jail for a period not exceeding
six (6) months, or by both such fine and imprisonment.
The Court shall order that the owner or keeper of any impounded
dog is responsible for all costs, fees and charges for the animal
and for all City administrative costs and fees. The owner or keeper
of a barking dog may also be cited for a violation and subject to
fines as set forth in subsection 10-2.24.
[Ord. #91-08, § 1]
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such.
[Ord. #91-08, § 1]
As an additional remedy, the operation or maintenance of any
device, instrument, vehicle, or machinery in violation of any provision
of this chapter, which operation or maintenance causes a noise disturbance
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 may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction. A private
person may maintain a civil action for any violation of this chapter,
if said violation(s) is injurious or has affected the private party.
[Ord. #91-08, § 1]
If any person can prove to the City Council that a diligent
investigation of available noise abatement techniques indicates that
immediate compliance with the requirements of this chapter would be
impractical or unreasonable, a variance from the provisions contained
in all or a portion of this chapter may be issued, after appropriate
notice and hearing, by the City Council, with suitable conditions
to minimize the public detriments caused by such exception. Any such
permit shall be of as short duration as reasonable, not exceeding
three (3) months but renewable for two (2) additional three (3) month
periods upon a showing of good cause, and shall be conditioned by
a schedule for compliance and by details of methods therefor in appropriate
cases.
