Note: For provisions regarding music and sound amplifying systems, see Ch. 10.32 of this code.
In order to control unnecessary, excessive and annoying sounds
emanating from incorporated areas of the city, it is declared to be
the policy of the city to prohibit such sounds generated from all
sources as specified in this chapter.
It is determined that certain noise levels are detrimental to
the public health, welfare and safety and contrary to public interest,
therefore, the city council declares that creating, maintaining, causing
or allowing to create, maintain or cause any noise in a manner prohibited
by or not in conformity with the provisions of this chapter is a public
nuisance and shall be punishable as such.
(Ord. 75-O-105 § 1, 1975)
The following words, phrases and terms as used in this chapter
shall have the meaning as indicated below:
means the all-encompassing noise level associated with a
given environment, being a composite of sounds from all sources, excluding
the alleged offensive noise, at the location and approximate time
at which a comparison with the alleged offensive noise is to be made.
means a parcel of real property which is zoned for or developed
and used either in part or in whole for commercial purposes including
but not limited to retail and wholesale businesses and professional
offices.
means an additive period of time composed of individual time
segments which may be continuous or interrupted.
means a unit which denotes the ratio between two (2) quantities
which are proportional to power: The number of decibels corresponding
to the ratio of two (2) amounts of power is ten (10) times the logarithm
to the base ten (10) of this ratio.
means a single unit providing complete independent living
facilities for one (1) or more persons including permanent provisions
for living, sleeping, eating, cooking and sanitation.
means any machinery, vehicle or work used, employed or performed
in an effort to protect, provide or restore safe conditions in the
community or for the citizenry, or work by private utilities when
restoring utility service.
means a stationary device which creates sounds while fixed
or motionless including but not limited to industrial and commercial
machinery and equipment, pumps, fans, compressors, generators, air
conditioners and refrigeration equipment.
means any excavating or filling of earth material, or any
combination thereof, conducted at a site to prepare said site for
construction or other improvements thereon.
means the noise produced by the collision of one (1) mass
in motion with a second mass which may be either in motion or at rest.
means a parcel of real property which is zoned for or developed
and used either in part or in whole for manufacturing purposes.
means any noise source other than a fixed noise source.
means the “A” weighted sound pressure level in
decibels obtained by using a sound level meter at slow response with
a reference pressure of twenty (20) micronewtons per square meter.
The unit of measurement shall be designated as dB(A).
means an administrative board of five (5) members appointed
by the city council of the city of Placentia.
means a person, firm, association, copartnership, joint venture,
corporation of any entity, public or private in nature.
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.
means a noise characterized by a predominant frequency or
frequencies so that other frequencies cannot be readily distinguished.
means an instrument meeting American National Standard Institute’s
Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument
and the associated recording and analyzing equipment which will provide
equivalent data.
of a sound, in decibels, means twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of the sound to
a reference pressure, which reference pressure shall be explicitly
stated.
(Ord. 75-O-105 § 2, 1975)
Any noise level measurements made pursuant to the provisions
of this chapter shall be performed using a sound level meter as defined
in Section 23.76.020(17).
(Ord. 75-O-105 § 3, 1975)
The properties hereinafter described, whether incorporated or
unincorporated, are assigned to the following noise zones:
|
Noise Zone 1
|
All residential property
|
|
Noise Zone 2
|
All commercial property
|
|
Noise Zone 3
|
All industrial property.
|
(Ord. 75-O-105 § 4, 1975)
(a)
The following noise standards, unless otherwise specifically indicated,
shall apply to all real property within a designated noise zone:
|
Noise Standards
| ||
|---|---|---|
|
Noise Zone
|
Noise Level
|
Time Period
|
|
1
|
55 dB(A)
|
7:00 a.m.—10:00 p.m.
|
|
|
50 dB(A)
|
10:00 p.m.—7:00 a.m.
|
|
2
|
65 dB(A)
|
Anytime
|
|
3
|
70 dB(A)
|
Anytime
|
In the event the alleged offensive noise consists entirely
of impact noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by 5 dB(A).
(b)
It is unlawful for any person at any location within the incorporated
area of the city to create any noise, or to allow the creation of
any noise on property owned, leased, occupied, or otherwise controlled
by such person, when the foregoing causes the noise level, when measured
on any other residential, commercial, or industrial property, either
incorporated or unincorporated to exceed:
(1)
The noise standards for a cumulative period of time more than thirty
(30) minutes in any hour; or
(2)
The noise standard plus five (5) dB(A) for a cumulative period of
more than fifteen (15) minutes in any hour; or
(3)
The noise standard plus ten (10) dB(A) for a cumulative period of
more than five (5) minutes in any hour; or
(4)
The noise standard plus fifteen (15) dB(A) for a cumulative period
of more than one (1) minute in any hour; or
(5)
The noise standard plus twenty (20) dB(A) for any period of time.
(c)
In the event the ambient noise level exceeds any of the first four
(4) noise limit categories above, the cumulative period applicable
to said category shall be increased to reflect said ambient noise
level. In the event the ambient noise level exceeds the fifth noise
limit category, the maximum allowable noise level under said category
shall be increased to reflect the maximum ambient noise level.
(d)
In the event that the noise source and the affected property are
within different noise zones, the noise standard applicable to the
affected property shall apply.
(Ord. 75-O-105 § 5, 1975)
(a)
The following interior noise standards, unless otherwise specifically
indicated, shall apply to all residential property within a designated
noise zone:
|
Interior Noise Standards
| ||
|---|---|---|
|
Noise Zone
|
Noise Level
|
Time Period
|
|
1
|
55 dB(A)
|
7:00 a.m.—10:00 p.m.
|
|
|
45 dB(A)
|
10:00 p.m.—7:00 a.m.
|
In the event the alleged offensive noise consists entirely
of impact noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by 5 dB(A).
(b)
It is unlawful for any person at any location within the incorporated
area of the city to create any noise, or to allow the creation of
any noise on property owned, leased, occupied, or otherwise controlled
by such person, when the foregoing causes the noise level when measured
within any other dwelling unit on any residential property, either
incorporated or unincorporated, to exceed:
(c)
In the event the ambient noise level exceeds either of the first
two (2) noise limit categories above, the cumulative period applicable
to said category shall be increased to reflect said ambient noise
level. In the event the ambient noise level exceeds the third noise
limit category, the maximum allowable noise level under said category
shall be increased to reflect the maximum ambient noise level.
(Ord. 75-O-105 § 6, 1975)
The following activities shall be exempted from the provisions
of this chapter:
(1)
Regularly scheduled school bands, school athletic and school entertainment events between the hours of seven a.m. and eleven p.m., provided a parade permit is also submitted from the police department for band activities on city streets, applying the standards of Sections 13.60.010 through 13.60.130 of this code;
(2)
Outdoor gatherings, including outdoor public dances and outdoor entertainment events, provided said events are conducted pursuant to an activity permit issued by the city recreation division pursuant to Chapters 6.52 and 6.56 of this code and are limited to between the hours of nine-thirty a.m. and eleven p.m.;
(3)
Regularly scheduled activities conducted on public parks, public
playgrounds, and public or private school grounds. However, the use
of public address or amplified music systems is not permitted to exceed
the exterior noise standard of adjacent property at the property line;
(4)
Any mechanical devices, apparatus or equipment used, related to or
connected with emergency machinery, vehicle or work;
(5)
All mechanical devices, apparatus or equipment which are utilized
for the protection or salvage of agricultural crops during periods
of potential or actual frost damage or other adverse weather conditions;
(6)
Mobile noise sources associated with agricultural operations provided
such operations do not take place between the hours of six p.m. and
seven a.m. on weekdays, including Saturday, or at any time on Sunday
or a federal holiday;
(7)
Mobile noise sources associated with agricultural pest control through
pesticide application; provided, that the application is made in accordance
with restricted material permits issued by or regulations enforced
by the agricultural commissioner;
(8)
Noise sources associated with grading, construction and the maintenance of real property shall not be subject to the provisions of this chapter. However, grading, construction and maintenance activities are prohibited at all times other than the permitted hours indicated in Section 23.81.170 of this code;
(9)
Any activity to the extent regulation thereof has been preempted
by state or federal law.
(Ord. 75-O-105 § 7, 1975; Ord. 94-O-119 § 1, 1994; Ord. 94-O-141 § 1, 1994)
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in Section 23.76.050 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital; provided conspicuous signs are displayed in three (3) separate locations within one-tenth (1/10) of a mile of the institution indicating the presence of a school, church, or hospital.
(Ord. 75-O-105 § 8, 1975)
Generally. The use of locomotive bell, air siren, steam or air
whistle within the city at all gate-protected grade crossings shall
be prohibited.
Exception. Any locomotive engineer shall be permitted to use
his bell, air siren, steam or air whistle, if, in his opinion, it
is necessary to avert an immediate threat to life or property.
(Ord. 76-O-120 § 1, 1976)
Until January 19, 1979, the noise standards enumerated in Sections 23.76.050 and 23.76.060 shall be increased eight (8) dB(A) where the alleged offensive noise source is an air-conditioning or refrigeration system or associated equipment which was installed prior to the effective date of the ordinance codified in this chapter.
(Ord. 75-O-105 § 9, 1975)
The location selected for measuring exterior noise levels shall
be at any point on the affected residential, commercial or industrial
property. Interior noise measurements shall be made within the affected
residential unit. The measurement shall be made at a point at least
four (4) feet from the wall, ceiling or floor nearest the noise source
and may be made with the windows of the affected dwelling unit open.
(Ord. 75-O-105 § 10, 1975)
The city’s authorized agent and his duly authorized representatives
are directed to enforce the provisions of this chapter. The city’s
authorized agent and his duly authorized representatives are authorized,
pursuant to Penal Code Section 836.5, to arrest any person without
a warrant when they have reasonable cause to believe that such person
has committed a misdemeanor in their presence.
No person shall interfere with, oppose or resist any authorized
person charged with enforcement of this chapter while such person
is engaged in the performance of his duty.
(Ord. 75-O-105 § 11, 1975)
The owner or operator of a noise source which violates any of
the provisions of this chapter may file an application with the city’s
authorized agent for a variance from the provisions thereof wherein
said owner or operator shall set forth all actions taken to comply
with said provisions, the reasons why immediate compliance cannot
be achieved, a proposed method of achieving compliance, and a proposed
time schedule for its accomplishment. Said application shall be accompanied
by a fee in the amount of seventy-five dollars ($75.00). A separate
application shall be filed for each noise source; provided, however,
that several mobile sources under common ownership, or several fixed
sources on a single property may be combined into one (1) application.
Upon receipt of said application fee, the city’s authorized
agent shall refer it with his recommendation thereon within thirty
(30) days to the noise variance board for action thereon in accordance
with the provisions of this chapter.
An applicant for a variance shall remain subject to prosecution
under the terms of this chapter until a variance is granted.
(Ord. 75-O-105 § 12, 1975)
The noise variance board shall evaluate all applications for
variance from the requirements of this chapter and may grant said
variances with respect to time for compliance, subject to such terms,
conditions and requirements as it may deem reasonable to achieve maximum
compliance with the provisions of this chapter. Said terms, conditions
and requirements may include, but shall not be limited to limitations
on noise levels and operating hours. Each such variance shall set
forth in detail the approved method of achieving maximum compliance
and a time schedule for its accomplishment.
In its determinations, said board shall consider the magnitude
of nuisance caused by the offensive noise; the uses of property within
the area of impingement by the noise; the time factors related to
study, design, financing and construction of remedial work; the economic
factors related to age and useful life of equipment; and the general
public interest and welfare. Any variance granted by said board shall
be by resolution and shall be transmitted to the city’s authorized
agent for enforcement. Any violation of the terms of said variance
shall be unlawful.
(Ord. 75-O-105 § 13, 1975)
Within fifteen (15) calendar days following the decision of
the variance board on an application, the applicant, the city’s
authorized agent, or any member of the city council, may appeal the
decision to the city council, by filing a notice of appeal with the
secretary of the variance board. In the case of an appeal by the applicant
for a variance, the notice of appeal shall be accompanied by a fee
to be computed by the secretary on the basis of the estimated cost
of preparing the materials required to be forwarded to the city council
as discussed hereafter. If the actual cost of such preparation differs
from the estimated cost, appropriate payments shall be made either
to or by the secretary.
Within fifteen (15) days following receipt of a notice of appeal
and the appeal fee, the secretary of the variance board shall forward
to the city council copies of the application for variance; the recommendation
of the city’s authorized agent; the notice of appeal; all evidence
concerning said application received by the variance board and its
decision thereon. In addition, any person may file with the city council
written arguments supporting or attaching said decision and the city
council may, in its discretion, hear oral arguments thereon. The city
clerk shall mail to the applicant a notice of the date set for hearing
of the appeal. The notice shall be mailed at least ten (10) days prior
to the hearing date.
Within sixty (60) days following its receipt of the notice of the appeal, the city council shall either affirm, modify or reverse the decision of the variance board. Such decision shall be based upon the city council’s evaluation of the matters submitted to the city council in light of the powers conferred on the variance board and the factors to be considered. Both as enumerated in Sections 23.76.120 and 23.76.130.
As part of its decision, the council may direct the variance
board to conduct further proceedings on said application. Failure
of the city council to affirm, modify or reverse the decision of the
variance board within said sixty (60) day period shall constitute
an affirmance of the decision.
(Ord. 75-O-105 § 14, 1975)
Any person violating any of the provisions of this chapter is
guilty of a misdemeanor. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such. The provisions of this chapter shall not be construed as
permitting conduct not prescribed herein and shall not affect the
enforcement of any other applicable provisions of law.
(Ord. 75-O-105 § 15, 1975)
