The purpose of this chapter is to protect the public, health, and welfare by providing an acceptable noise environment for existing and future residents within the city. The city seeks to accomplish this by establishing the following:
A. 
A community noise standard that specifies acceptable limits of noise for various land uses and activities;
B. 
Measures to minimize noise impacts from transportation-related noise sources;
C. 
Measures to minimize noise impacts from non-transportation related noise sources.
(Ord. 481 § 1, 1992)
"A-weighted sound level (dB(A))"
means an A-weighted sound level is the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human hearing system and provides good correlation with subjective reactions to noise.
"Community noise equivalent level (CNEL)"
means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after the addition of five decibels to sound levels occurring during the evening from seven p.m. to ten p.m. and addition of ten decibels to sound levels occurring during the night from ten p.m. to seven a.m. The five and ten decibel penalties are applied to account for increased noise sensitivity during the evening and nighttime hours. The CNEL is not measured, but is computed.
"Cumulative time period"
means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Day-night average level (Ldn)"
means the average equivalent A-weighted sound level during a twenty fourhour day obtained after the addition of ten decibels to sound levels occurring during the nighttime from ten p.m. to seven a.m. The ten-decibel penalty is applied to account for increased noise sensitivity during the nighttime hours. The Ldn represents the daily energy noise exposure averaged on an annual basis.
"Hearing board"
means the board appointed by city council as arbitrators of the Loma Linda Municipal Code to review and determine violations, nuisances, abatement procedures, and penalties of this chapter.
"Motor-driven vehicle"
shall includes but is not limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road.
"Noise"
means any sound that exceeds the limitations set herein.
"Noise level"
means the A-weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A).
"Person"
means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Residential property"
(zoned R-1 - R-3 including uses within the institutional zone) means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.
"Simple tone noise"
means a noise characterized by a predominant frequency, or frequencies so that other frequencies cannot be readily distinguished.
(Ord. 481 § 1, 1992)
A. 
It is unlawful for any person at any location to create any noise, or to allow the creation of any noise when such noise causes the noise level to exceed any noise level as specified in Section 9.20.040.
B. 
Furthermore, notwithstanding any specified noise level, it is also unlawful for any person to make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort, or annoyance to any reasonable person residing in the area, and it shall be unlawful for any person in ownership, or control of any premises to knowingly permit a violation of this section upon said premises.
(Ord. 481 § 1, 1992)
These standards are established guidelines from the Loma Linda general plan that provide a decibel range for the city manager, or designee to follow and help determine what type of noises are nuisances and are unacceptable to the community. This determination will be on a case by case basis at the discretion of the city manager.
PERFORMANCE STANDARDS:
Normally acceptable: Specified land use activities that are satisfactory, based upon the assumption that any land use or building involved are of ordinary performance standards.
Conditionally Acceptable: Activities or Actions shall be undertaken only after a detailed analysis of the noise reduction (muffling) requirements is made and noise reduction insulation features are included as a preventive measure.
Normally Unacceptable: Noise levels exceeding the following ranges shall generally be discouraged. If new activities or actions proceed, a detailed analysis of the noise reduction requirements must be made and necessary noise insulation features included in the design.
Clearly Unacceptable: Activities shall not be undertaken or permitted.
Land Use Category and Similar Activities
Maximum Community Noise Exposure Levels
Ldn or CNEL, dBa
Residential
Normally Acceptable
55
 
Conditionally Acceptable
70
 
Normally Unacceptable
75
 
Clearly Unacceptable
76
Residential (evening)* 10:00 p.m.—7:00 a.m.
Normally Acceptable
< 50
 
Conditionally Acceptable
55 or more
Transient Lodging Motels, Hotels
Normally Acceptable
65
 
Conditionally Acceptable
70
 
Normally Unacceptable
75
 
Clearly Unacceptable
76 or more
Schools, Libraries, Churches, Hospitals, Nursing Homes
Normally Acceptable
70
 
Conditionally Acceptable
70
 
Normally Unacceptable
80
 
Clearly Unacceptable
81 or more
Auditoriums, Concert Halls, Amphitheaters
Conditionally Acceptable
80
 
Clearly Unacceptable
90 or more
Sports Arenas, Outdoor Spectator Sports
Conditionally Acceptable
80
 
Clearly Unacceptable
90 or more
Playgrounds, Neighborhood Parks
Normally Acceptable
70
 
Normally Unacceptable
75
 
Clearly Unacceptable
76 or more
Golf Course, Riding Stables, Water Recreation, Cemeteries
Normally Acceptable
 
 
Normally Unacceptable
80
 
Clearly Unacceptable
81 or more
Office Buildings, Business Commercial and Professional
Normally Acceptable
70
 
Conditionally Acceptable
75
 
Normally Unacceptable
76 or more
Industrial, Manufacturing Utilities, Agriculture
Normally Acceptable
70
 
Conditionally Acceptable
80
 
Normally Unacceptable
81 or more
Emergency type land uses, emergency response vehicles, and emergency notification measures shall be considered as Normally Acceptable measures and exempt from violations and or penalties.
* See Section 9.20.050
(Ord. 481 § 1, 1992)
A. 
Noises considered to be a nuisance between the hours of ten p.m. and seven a.m. shall include but not be limited to the following:
1. 
Outdoor maintenance equipment (i.e., leaf blowers, lawn mowers, gas edgers, parking lot sweepers etc.);
2. 
Construction related noises;
3. 
Amplified sounds including but not limited to church chimes, loud speakers, or musical devices;
4. 
Truck deliveries for commercial, or industrial land use types adjacent to residential properties;
5. 
Refuse collection trucks are prohibited between the hours of ten p.m. and six a.m.
B. 
Special waivers may be granted per Sections 9.20.060 and 9.20.070.
(Ord. 481 § 1, 1992)
A. 
Any noise level measurement, made pursuant to the provisions of this chapter, shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an equivalent instrument with associated recording and analyzing equipment that provides equivalent data.
B. 
Noise readings shall be taken at the receptor's/generator's property line and the receptor's building setbacks to verify noise levels as categorized in Section 9.20.040 of this chapter.
C. 
The factors which shall be considered in determining whether a violation of the provisions of Section 9.20.050 exists shall include, but not be limited to, the following:
1. 
The sound level of the objectionable noise;
2. 
The sound level of the ambient noise;
3. 
The proximity of the noise to residential bedroom facilities;
4. 
The nature and zoning of the area within which the noise emanates;
5. 
The number of persons affected by the noise source;
6. 
The duration of the noise and its tonal, informational, or musical content;
7. 
Whether the noise is continuous, recurrent, or intermittent;
8. 
Whether the noise is produced by a commercial or noncommercial activity.
D. 
These factors shall be considered in addition to the noise levels set forth in Section 9.20.040 in determining a violation. Noises do not necessarily need to exceed those noise level limits to be considered unnecessary, or unusual so as to cause hearing loss, speech interference, sleep interference, physiological responses, or annoyance to persons in the area. This shall be determined by the city manager, or his designee on a case by case basis.
(Ord. 481 § 1, 1992)
A. 
The owner or operator of a noise source which violates, or potentially violates any of the provisions of this chapter may file an application with the city manager for a temporary noise waiver from the provisions of Sections 9.20.030 and 9.20.050. The property owner, lessee, or operator shall set forth all actions taken to comply with such provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. The application shall be accompanied by a fee set forth by resolution of the city council.
B. 
A separate application shall be filed for each noise source; provided, however, that several mobile sources under common supervision, or several fixed sources on a single property, may be combined into one application. Upon receipt of the application and fee, the city manager shall refer to it with his/her recommendation within thirty days to the hearing board for action in accordance with the provisions of this chapter. Copies of all applications for variances and other notices shall be sent to the city.
C. 
Developers that are involved with building construction and subdivision grading may exceed maximum noise levels between the hours of seven a.m. and eight p.m., Monday through Friday, provided that all equipment is properly equipped with standard noise muffling apparatus specifically for such equipment (i.e., exhaust mufflers). Heavy construction is not permitted on weekends, or national holidays.
D. 
No provision contained herein exempts any individual from complying with stricter noise standards imposed as condition(s) of development approvals such as subdivision and conditional use permits and similar approvals by the city.
(Ord. 481 § 1, 1992)
Any person who violates any of the provisions of this chapter or fail to comply with any of the mandatory requirements of this chapter shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance shall be punishable pursuant to Chapter 1.12 of the Municipal Code as amended.
(Ord. 481 § 1, 1992)