[Added 5-6-2019 by Ord.
No. 1263]
It is declared to be the policy of the City to prohibit unnecessary,
excessive and annoying sound levels from all sources. It is determined
that certain noise levels are detrimental to the public health, welfare
and safety, and are contrary to the public interest.
(a)
Notwithstanding any other provisions of this article, and in addition
thereto, it shall be unlawful for any person to willfully make or
continue, or cause to be made or continued, any loud, intrusive, unnecessary,
or unusual noise which disturbs the peace and quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitiveness residing in the area.
(b)
The standards for determining whether a sound is unreasonably loud
and raucous include, but are not limited to, the following:
(1)
The proximity of the sound to sleeping facilities, whether residential
or commercial;
(2)
The land use, nature, and zoning of the area from which the
sound emanates and the area where it is received or perceived;
(3)
The time of day or night the sound occurs;
(4)
The duration of the sound;
(5)
Whether the sound is recurrent, intermittent, or constant; and
(6)
The noise level is consistent with the Oakdale General Plan.
Unless the particular provisions or the context otherwise requires,
the definitions contained in this section shall govern the construction,
meaning, and application of words and phrases used in this article.
Any site preparation, assembly, erection, substantial repair
or alteration of any building, structures, or land, public or private,
together with any associated scientific or engineering surveys.
Any dismantling, intentional destruction or removal of structures,
surfaces or similar property, public or private.
Any building or separate portion thereof used for residential
purposes. The term includes, but is not limited to, single-family
dwellings, apartments, condominiums, and modular homes.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate attention.
Any work performed for the purpose of preventing or alleviating
physical trauma or property damage, whether actually caused or threatened
by an emergency, or work by private or public utilities when restoring
utility service.
Noise which intrudes over and above the existing background
noise at a given location and 1) endangers the health and safety of
human beings; and/or 2) annoys or disturbs persons of normal sensitivities.
The relative intrusiveness of a sound depends upon its level, duration,
frequency, time of occurrence and tonal or informational content as
well as prevailing background noise level.
Includes any car, truck, motorcycle, motor scooter, and any
and all self-propelled vehicles, as defined in the California Vehicle
Code, including but not limited to mini-bikes and go-carts.
Includes, but is not limited to, real property normally used
for sleeping, or normally used as a school, church, hospital or public
library.
Any sound that can be detected by a reasonable person of
ordinary sensitivities using his or her unaided hearing faculties.
Obscene language at a level beyond plainly audible.
Any real property or structures on real property, owned by
a government entity and normally accessible to the public, including
but not limited to parks and other recreational areas.
Any real property which contains a structure or building
in which one or more persons reside, provided that the structure or
building is properly zoned, or is legally nonconforming, for residential
use in accordance with the terms and maps of the City's Zoning
Ordinance.[1]
Sound-amplifying equipment means any machine or device for
the amplification of the human voice, music, or any other sound. Sound-amplifying
equipment shall not include standard automobile radios when used and
heard only by the occupants of the vehicle in which the automobile
radio is installed. Sound-amplifying equipment, as used in this article,
shall not include warning devices on authorized emergency vehicles
or horns or other warning devices on any vehicle used only for traffic
safety purposes.
The following acts are declared to be violations of this article.
This emulation does not constitute an exclusive list:
(a)
Unreasonable noises: The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or intrusive noise, disturbance, loud use of profanity, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building (also refer to Article III, § 19-49.1, of the Municipal Code). The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standard of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.
(b)
Vehicle horns signaling devices, and similar devices: The sounding
of any horn, signaling device, or other similar device, on any automobile,
motorcycle, or other vehicle on any right-of-way or in any public
space of the City, for more than 10 consecutive seconds. The sounding
of any horn, signaling device, or other similar device as an emergency
warning is exempt from this prohibition.
(c)
Non-emergency signaling devices: Sounding or permitting sounding
of any amplified signal from any bell, chime, siren, whistle or similar
device, intended primarily for nonemergency purposes, from any place
for more than 10 consecutive seconds in any hourly period. The reasonable
sounding of such devices by houses of religious worship, ice cream
trucks or by the City for traffic control purposes are exempt from
the operation of the provision.
(d)
Radios, televisions, boomboxes, stereos, musical instruments and
similar devices: The use or operation of a radio, television, boombox,
stereo, musical instrument, or similar device that produces or reproduces
sound in a manner that is plainly audible to any person other than
the player(s) or operator(s) of the device, and those who are voluntarily
listening to the sound, and unreasonably disturbs the peace, quiet,
and comfort of neighbors in residential or noise-sensitive areas,
including multifamily or single-family dwellings. The operation of
any such set, radio, television, stereos, musical instrument or similar
device between the hours of 10:00 p.m. and 7:00 a.m. on weekdays,
and 10:00 p.m. and 9:00 a.m. on weekends and holidays shall be in
violation of this section.
(e)
Loudspeakers, amplifiers, public address systems, and similar devices:
The unreasonably loud and raucous use or operation of a loudspeaker,
amplifier, public address system, or other device for producing or
reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on
weekdays, and 10:00 p.m. and 9:00 a.m. on weekends and holidays, shall
be in violation of this section in the following areas:
(f)
Yelling, shouting, and similar activities: Yelling, shouting, hooting,
whistling or singing in residential or noise-sensitive areas or in
public places, between the hours of 10:00 p.m. and 7:00 a.m., or at
any time or place so as to unreasonably disturb the quiet, comfort,
or repose of reasonable person of ordinary sensitivities. This section
is to be applied only to those situations where the disturbance is
not a result of the content of communication but due to the volume,
duration, location, timing or other factors not based on content.
(h)
Loading or unloading merchandise, materials, equipment: The creation
of unreasonably loud, raucous, and excessive noise in connection with
the loading or unloading of any vehicle at the place of business or
residence.
(i)
Construction or repair of building, excavation of streets and highways:
The construction, demolition, alteration or repair of any building
or the excavation of streets and highways before 7:00 a.m. and after
6:00 p.m. on weekdays, before 8:00 a.m. and after 5:00 p.m. on Saturdays,
and no construction on Sundays and holidays unless permission for
the latter has been granted by the City. The permit shall grant permission
in nonemergency cases for a period of not more than three days. The
permit may be renewed once for a period of three days or less. In
cases of emergency, construction or repair noises are exempt from
this provision.
(j)
Blowers, tools, equipment and similar devices: In residential or
noise-sensitive areas, before 7:00 a.m. and after 9:00 p.m. on weekdays,
Saturdays, Sundays and holidays, the operation of any noise-creating
blower, power fan, or any internal combustion engine, the operation
of which causes noise due to the explosion of operating gases or fluids,
provided that the noise is unreasonably loud and raucous and can be
heard across the property line of the property for which it emanates.
(a)
In the event the owner or person responsible for the violation shall fail, neglect or refuse to comply with the notice of order to abate, the City Manager or his or designee shall have the authority to issue an administrative citation in accordance with the provisions of Article V of this chapter.
(b)
Any person violating any of the provisions of this article for the
third time within a one-year period is guilty of a misdemeanor and
shall be punished by a fine, or by imprisonment in the County jail,
or by both such fine and imprisonment not to exceed the maximum fine
and/or imprisonment established in Section 36901 of the California
Government Code, or successor legislation.
(c)
Upon the third confirmed violation of this article within a twenty-four-hour
period of time beginning on the first notice of violation issued,
the Police Department may take action as necessary to abate the noise
violation, including but not limited to instructing the host to "close
the party," physically arresting the host or taking the amplifying
equipment as evidence.
The following activities shall be exempt from the provisions
of this article:
(a)
Repairs of utility structures which pose a clear and immediate danger
to life, health, or significant loss of property.
(b)
Sirens, whistles, or bells lawfully used by emergency vehicles, or
other alarm systems used in case of fire, collision, civil defense,
police activity, or imminent danger.
(c)
The emission of sound for the purpose of alerting persons to the
existence of an emergency or the emission of sound in the performance
of emergency work.
(d)
Repairs or excavations of bridges, streets or highways by or on behalf
of the City, the state, or the federal government, between the hours
of 7:00 a.m. and 6:00 p.m.
(e)
Outdoor schools and playground activities. Reasonable activities
conducted on public playgrounds and public or private schools grounds,
which are conducted in accordance with the manner in which such spaces
are generally used, including but not limited to, school athletic
and school entertainment events.
(f)
Other outdoor events. Outdoor gatherings, public dances, shows and
sporting events, and other similar outdoor events, provided that a
permit has been obtained from the appropriate permitting authority.
(g)
Noise necessarily generated in conjunction with health or sanitation
services, including but not limited to refuse collection.
(h)
Trains and other railroad equipment, and aircraft.
