Editor's Note: Chapter 5-13 was amended in entirety 10-4-2022 by Ord. No. 1209-22. Prior history includes Ordinance No. 531, effective June 3, 1970; Ordinance No. 623, effective January 19, 1977; Ord. 703, eff. August 3, 1981; Ord. 749U, eff. August 3, 1983; Ord. 751, eff. September 15, 1983; Ord. 890-92, eff. December 17, 1992; Ord. 970-99, eff. November 4, 1999; Ord. 988-00, eff. November 2, 2000; Ord. 623, eff. January 19, 1977.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
Unnecessary and excessive noises which are offensive to the senses, injurious to the health, or an interference with or obstruction to the free use of property are detrimental to the public health, welfare, safety, and comfort of the City and, in the public interest, must be systematically proscribed. Such noises, when arising from any source subject to the City's police power, are hereby declared to be public nuisances and are hereby prohibited.
Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, a loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal auditory sensitiveness residing in the area.
(a) 
The standards which shall be considered in determining whether a violation of the provisions of this section exist shall include, but not be limited to the following:
(1) 
The sound level of the objectionable noise;
(2) 
The nature and zoning of the area within which the noise emanates;
(3) 
The time of day or night the noise occurs;
(4) 
The duration of the noise;
(5) 
Whether the noise is continuous, recurrent, or intermittent;
(6) 
Whether the noise is produced by a commercial or noncommercial activity.
(7) 
Whether the noise is associated with acts that constitute emergency work, as defined in subsection (d) of § 5-13.02 of this chapter.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) 
DECIBEL (dB) — Shall mean a unit for measuring sound level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio.
(b) 
COMMERCIAL PROPERTY — Commercial properties are those used for retail and wholesale sales and services, personal and professional services and any other nonresidential use permitted or conditionally permitted in the City.
(c) 
CONSTRUCTION — Means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition.
(d) 
EMERGENCY WORK — Shall mean work 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, or work by private or public utilities when restoring utility services.
(e) 
PERSON — Shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
(f) 
MOTOR VEHICLE — Shall include, but not be limited to, motorcycles.
(g) 
NOISE SENSITIVE ZONE — Means any area designated pursuant to Section § 5-13.05 for the purpose of insuring exceptional quiet.
(h) 
NOISE SOURCE — Means a disturbance-causing operation which originates from a single unit or noise generating mechanism which operates simultaneously. Example of a single noise source is the combination of motor, pump, and compressor; oil drilling rig; or a power plant with several boilers.
(i) 
NOISE ZONE — Means defined areas or regions of a generally consistent land use community wherein the ambient noise levels are generally similar (within a range of five (5) decibels). Typically, most sites within any given noise zone will be of comparable proximity to major noise sources.
(j) 
REAL PROPERTY BOUNDARY — Means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one (1) person from that owned by another person, but not including intra-building real property divisions.
(k) 
SOUND AMPLIFYING EQUIPMENT — Shall mean any machine or device for the amplification of the human voice, music, or any other sound.
(l) 
SOUND LEVEL (NOISE LEVEL) — In decibels is sound measured using the A weighting network of a sound level meter. Slow response of the sound level meter needle shall be used except where the sound is impulsive or rapidly varying in nature, in which case fast response shall be used.
(m) 
SOUND LEVEL METER — Shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks, for the measurement of sound levels which satisfies the pertinent requirements in American National Standards Institute's Specification SI 4-2013, or the most recent revision thereof, for type S-2A general purpose sound level meters.
The definitions of technical terms not defined in this section shall be obtained from the American National Standards Institute's Acoustical Terminology S1-1-2013, or the most recent revision thereof.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
Unless otherwise specifically indicated, the responsible party shall be determined by the land use type and occupants of each property. The responsible party shall be responsible for compliance with all of the provisions of this chapter and shall be subject to all fines and penalties assessed per the terms of this chapter.
(a) 
Commercial Property. The business owner(s), as designated on the business license, or the person identified on a Special Use Permit, shall be responsible for compliance with the provisions of this chapter.
(b) 
Residential Property. The owner or long-term renter (occupant for a period of 30 days or more) within a dwelling unit, not a hotel or motel, shall be responsible for compliance with the provisions of this chapter.
(c) 
Residential Property - Transient Rental. When the property is occupied by a transient renter, the property owner shall be responsible for compliance with the provisions of this chapter.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
(a) 
The noise standards for various land use districts identified in Table A shall, unless otherwise specifically indicated, apply to all such properties within a designated district.
(1) 
Areas not identified within Table A, or within the Waterside/Harbor Area, shall be included in District 2.
(b) 
Types of Noise Districts.
(1) 
District 1. Predominately residential with other land use types also present.
(2) 
District 2. Predominately commercial with other land use types also present.
(3) 
District 3. Mixed land use types present including commercial and residential.
(4) 
Waterside/Harbor District. Area includes Avalon Harbor, Descanso Bay and areas within 20 feet of the mean high tide.
Table A
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
It shall be unlawful for any person to create any noise on any street, sidewalk, or public place adjacent to any school, institution of learning, or church while the same is in use or adjacent to any hospital at any time, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in a hospital, provided conspicuous signs are displayed on such street, sidewalk, or public place indicating the presence of a school, church, or hospital.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
It shall be unlawful for any person at a radius within 500 feet of any residential zone or of a hotel or motel, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device, or to cause to permit such construction operations, between the hours of 7:00 p.m. and 8:00 a.m., or at any time on a Sunday, except when such acts constitute emergency work as defined in subsection (d) of § 5-13.02 of this chapter and issuance a Noise Variance Permit as described in § 5-13.10.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
It shall be unlawful for any person within a residential zone or within 300 feet therefrom to repair, rebuild, or test any motor vehicle between the hours of 10:00 p.m. and 8:00 a.m., except when such activity constitutes emergency work as defined in subsection (d) of § 5-13.02 of this chapter and issuance a Noise Variance Permit as described in § 5-13.10.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
(a) 
Outdoor use restrictions.
(1) 
District 1.
a. 
Within District 1, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, musical instrument, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound between the hours of 8:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible from the real property line of which the sound amplifying equipment is located.
(2) 
District 2 and District 3.
a. 
Within District 2 or 3, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from the real property line on which the sound amplifying equipment is located unless permitted by Special Use Permit as established by § 5-13.09.
(3) 
Waterside/Harbor District.
a. 
Within the Waterside/Harbor District, it shall be unlawful to use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from 20 feet of the vessel or real property line of which sound amplifying equipment is located unless permitted by Special Use Permit as established by § 5-13.09.
(b) 
Violations.
(1) 
First Violation - Infraction. Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of such violation. The person shall be issued a notice of violation. In addition, a notice of violation will be provided to the responsible party of the property in which the violation took place.
(2) 
Continuing or Subsequent Violations - Misdemeanor. Any person or property issued a valid notice of violation who commits within a year of the first valid violation a second or any subsequent violation shall be subject to the following:
a. 
A $500 fine for the second violation issued to the person and/or the property's responsible party.
b. 
A $1,000 fine for the third violation issued to the person and/or property's responsible party.
c. 
Revocation or suspension of Transient Rental License for a period of 6 months, if applicable, and/or an additional $1,000 fine per violation issued to the person and/or the property's responsible party.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
A Special Use Permit is required for outdoor use or operation of any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from the property line on which the sound amplifying equipment is located in District 2, District 3, or Waterside/Harbor District.
(a) 
General Provisions. The City Manager may approve, conditionally approve or deny a permit, and may establish conditions and limitations, including but not limited to hours of operation, public notification, use of noise control devices, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed special use.
(1) 
Unless granted a variance per § 5-13.10, no Special Use Permit may be issued:
a. 
Between the hours of 9:00 p.m. and 8:00 a.m. Sunday through Thursday,
b. 
10:00 p.m. and 8:00 a.m. Friday and Saturday.
(b) 
Application Procedure. A request for a special use permit shall be submitted to the City Manager's Office on a form provided for that purpose. The application will include a Sound Impact Plan as outlined in § 5-13.09(b)(1) and the required fee established by resolution of the City Council. The City Manager may require additional information where deemed necessary to complete the City's review and evaluation.
(1) 
Sound Impact Plan will include.
a. 
A site plan indicating the location of the stage, size, location and orientation of the speakers or other sound amplifying devices,
b. 
Any sound buffering measures being taken,
c. 
Location of onsite decibel meters,
d. 
A designated sound measurement location, at an unobstructed location identified within 50 feet in front of the speakers or sound amplifying devices.
1. 
The volume of the sound may not exceed 70 decibels at the location of the designated sound measurement location as identified on the Sound Impact Plan.
(c) 
Special Use Permit Restrictions by District.
(1) 
District 2 - There is no restriction in the number of special use permits that may be issued within this district.
(2) 
District 3 - No more than four special use permits may be issued to a location each week.
(3) 
Waterside/Harbor District - No more than two special use permits may be issued to a vessel each week.
(d) 
Appeals. The City Manager's decision on a special use permit shall become final 10 days after notice of the action is given to the applicant. The applicant may appeal to the City Council by filing a notice of appeal with the City Clerk prior to the decision becoming final. The decision of the City Council shall be final.
(e) 
Violation and Revocation.
(1) 
First Violation - Infraction. Any person violating any provision of this chapter shall be guilty of an infraction for the first instance of such violation. The person shall be issued a notice of violation. In addition, a notice of violation will be provided to the responsible party of the property in which the violation took place.
(2) 
Continuing or Subsequent Violations - Misdemeanor. Any person or property issued a valid notice of violation who commits within a year of the first valid violation a second or any subsequent violation shall be subject to the following:
a. 
A $500 fine for the second violation issued to the person and/or the property's responsible party.
b. 
A $1,000 fine for the third violation issued to the person and/or the property's responsible party.
c. 
Revocation or suspension of Special Use Permit or Transient Rental License for a period of 6 months, if applicable, and/or an additional $1,000 fine per violation issued to the person and/or the property's responsible party.
[Amended 10-4-2022 by Ord. No. 1209-22, eff. November 3, 2022]
(a) 
The City Manager is authorized to grant variances for exemption from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the City Manager determines are appropriate to protect public health, safety and welfare from the noise emanating therefrom. This section shall in no way affect the obligation to obtain any permit or license required by law for such activities.
(b) 
Any person seeking a variance shall file an application with the City Manager's office. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would create an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee in the amount set by resolution of the City Council. A separate application shall be filed for each noise source; provided, however, that several fixed sources on a single property may be combined into one application. Notice of an application for a variance shall be published according to rules established by this chapter; all residents whom the City Manager determines may be adversely affected by the noise shall be notified. Any individual who claims to be adversely affected by the issuance of the variance may file a statement with the City Manager's Office containing any information to support his/her claim.
(c) 
In determining whether to grant or deny the application, the City Manager shall balance the hardship on the applicant, the community, or other persons by not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact by granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the City Manager's Office may reasonably require. In granting or denying an application, the City Manager shall keep a public record of the decision and the reasons for denying or granting the variance.
(d) 
A variance shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the applicant to the penalties as set forth in 5-13.09(e).
(e) 
The City Manager will issue guidelines defining the procedures to be followed in applying for a variance and the criteria to be considered in deciding whether to grant a variance.