City of Indian Wells, CA NOISE

Use of Sound Level Meter. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 9.06.020. If the sound standard applied pursuant to this Chapter is not measured in decibels, then sound level measurements are not required to establish a violation of this Chapter.

Location for Measuring Exterior Noise Levels. The location selected for measuring exterior noise levels shall be at any point on the receiver's affected property. In the case of interior noise measurements, the windows shall be in normal seasonal configuration (closed during the months of May through September) and the measurement shall be made at a point at least four feet (4') from the wall, ceiling or floor nearest the affected occupied area.

(Ord. 277 § 3, 1991; Ord. 359 § 1, 1995; Ord. 684 § 1, 2015)

§ 9.06.040 Noise standards.

Exterior Noise Standards.

Standards for Residential Properties. The following exterior noise standards, unless otherwise specifically indicated in this Chapter for all residential properties shall be:

55 dBA	7:01 a.m. to 10 p.m.
50 dBA	10:01 p.m. to 7 a.m.

Noise Level Categories. It is unlawful for any person at any location within 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, that exceeds, when measured on any other residential property the exterior residential noise standard by:

Decibels		Cumulative Period
(i)	+3	30 minutes/hour
(ii)	+5	15 minutes/hour
(iii)	+10	5 minutes/hour
(iv)	+15	1 minute/hour
(v)	+20	Not to be exceeded.

Ambient Noise Level. If the ambient noise level exceeds that permitted by the noise limit categories specified in subsections (a)(2)(i) and (a)(2)(ii) of this Section, the allowed noise limit shall be increased in five (5) dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the noise level category set forth in subsection (a)(2)(v), the maximum ambient noise level shall be the noise limit set forth in subsection (a)(2)(v) of this Section.

Interior Noise Standards.

Standards for Residential Properties. It is unlawful for any person to create any noise from inside his or her unit that causes the noise level, when measured in a neighboring unit during the period 10:00 p.m. to 7:00 a.m., to exceed:

Decibels		Cumulative Period
(i)	45 dBA	more than 5 min. in any hour
(ii)	50 dBA	more than 1 min. in any hour
(iii)	55 dBA	in any period of time

Ambient Noise Level. In the event the ambient noise level exceeds the noise limit set forth in either subsection (b)(1)(i) or (b)(1)(ii) of this Section, 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 noise limit set forth in subsection (b)(1)(iii) of this Section, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

(Ord. 359 § 1, 1995)

§ 9.06.041 Exceptions.

The following activities shall be exempted from the noise standard provisions of Section 9.06.040:

School bands, school athletic and school entertainment events. School entertainment events shall not include events sponsored by student organizations;

Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a discretionary license or permit by the City;

Activities conducted on parks and public playgrounds, provided such parks and public playgrounds are owned and operated by a public entity;

(d)

Any mechanical device, apparatus, emergency generator having a maximum generation of fifteen thousand (15,000) kilowatts, equipment related to or connected with emergency activities or emergency work, but only for the period in which there is an emergency and, in the case of emergency generators, only during a power outage and routine testing of generators;

(e)

Noise sources associated with construction or landscape maintenance activities during the hours specified by Section 9.06.047(b); provided, however, that the operation of an internal combustion engine shall not be exempt pursuant to this subsection if such engine is not equipped with suitable exhaust and intake silencers which are in good working order. The Planning Director may permit work to be done during the hours not exempt by this subsection in the case of urgent necessity and in the interest of public health and welfare for a period not to exceed three (3) days. Application for this exemption may be made in conjunction with the application for the work permit or during progress of the work;

(f)

Maintenance of trees and residential property by the property occupant him/herself provided said activities take place between the hours of 7:00 a.m. and 6:00 p.m.;

(g)

Tree and park and street maintenance activities conducted by the City;

(h)

Any activity to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, any other activity to the extent regulation thereof has been preempted by State or Federal law or regulation.

(Ord. 359 § 1, 1995; Ord. 626 § 1, 2009)

§ 9.06.042 Schools, hospitals, and churches.

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 subsection (a) of this Section, 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, conforming to applicable law and as may be required to be approved by applicable authority, 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. 359 § 1, 1995)

§ 9.06.043 Residential pumps, fans, and air conditioners.

It is unlawful for any person to operate any residential fans, air conditioners, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical device or any combination thereof installed after August 16, 1991 in any manner so as to create any noise which would cause the maximum noise level to exceed: (i) sixty (60) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level; (ii) fifty-five (55) dBA in the center of a neighboring patio three (3) to five (5) feet above ground level; (iii) fifty-five (55) dBA outside of the neighboring living area window nearest the equipment location. Measurements shall be taken with the microphone not more than three (3) feet from the window opening but at least three (3) feet from any other surface.

Equipment installed after August 18, 1996 must comply with a maximum limit of fifty-five (55) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level.

Equipment installed before August 18, 1991 must comply with a limit of sixty-five (65) dBA maximum sound level, at any point at least one (1) foot inside the property line of the affected residential property and three (3) to five (5) feet above ground level after the effective date of this Chapter.

(Ord. 359 § 1, 1995)

§ 9.06.044 Off-road vehicles.

It is unlawful for any person to operate any motorcycle or recreational off-road vehicle on or off a public road in such a manner that the noise level exceeds the exterior noise standards specified in subsection 9.06.040(a).

(Ord. 359 § 1, 1995)

§ 9.06.045 Waste disposal vehicles.

It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following level, when measured at a distance of fifty (50) feet from the equipment or any residential property:

New equipment purchased or leased on or after February 16, 1992 shall not exceed a noise level of eighty (80) dBA.

New equipment purchased or leased on or after February 16, 1995 shall not exceed a noise level of seventy-five (75) dBA.

No equipment shall exceed a noise level of eighty (80) dBA after August 18, 1996.

(Ord. 359 § 1, 1995)

§ 9.06.047 Construction or landscape maintenance noise.

Construction, landscape maintenance, and similar activities shall be limited to the following hours unless a temporary waiver is granted by the Planning Director or his/her authorized designee:

Monday - Friday	7:00 a.m. - 5:00 p.m.
Saturday	8:00 a.m. - 5:00 p.m.
No usage on Sundays or National Holidays*

*	New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Day After Thanksgiving and Christmas Day.

(Ord. 277 § 3 (Exhibit A), 1991; Ord. 300 §§ 1-3, 1992; Ord. 330 § 1, 1993; Ord. 359 § 1, 1995; Ord. 362 (Exhibit A), 1995; Ord. 366 (Exhibit A), 1995; Ord. 392 §§ 1-2, 1996; Ord. 438 § 3, 1998)

§ 9.06.048 Golf courses.

This section applies only to golf courses.

Mowing. Mowing of greens and tees may begin at 6:00 a.m. year round.

Special Events. Mowing of all other golf course areas may begin at 6:00 a.m. for special events providing the golf course manager has received City approval in the form of a Temporary Use Permit.

Leaf blowers. Golf course operators may operate leaf blowers in conjunction with general maintenance subject to the hours of operation as specified in Section 9.06.047.

Noise Levels. All golf course activities are subject to the general noise and hour regulations except as noted in this Section.

(Ord. 438 § 4, 1998)

§ 9.06.049 Restrictions and waivers.

Disposal of Dirt, Dust. Debris, Leaves, Grass Clippings, Etc. Operation of power equipment shall not cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel of land, lot, or public right-of-way/property other than the parcel, land, lot upon which the power equipment is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner which will prevent dispersion by wind, vandalism, or similar means within six (6) hours of deposit by the user or property occupant.

Waivers.

Limited Temporary Waivers. The Planning Director may issue a temporary waiver allowing construction or landscape maintenance activities that may cause intermittent noise between 6:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday. The waiver shall not allow the operation of heavy equipment, internal combustion engines, pneumatic tools or power equipment before 7:00 a.m. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver or of this Chapter has occurred, notice of revocation shall be served on the permittee or any worker on the job site and posted on the job site. The revocation hearing may be held with at least twenty-four (24) hours' notice to the permittee. The director's decision may be appealed to the City Council. The written appeal must be filed with the City Clerk within ten (10) days of the decision. Appeals do not stay the decision of the Director. A fee for the waiver shall be charged in the amount set by resolution. In the absence of a resolution setting a flat fee, the fee shall be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards.

Limited Temporary Waivers. The City Council may issue a temporary waiver allowing construction activities that may cause intermittent noise between 6:00 a.m. to 10:00 p.m. Monday through Saturday. A waiver may be granted if the noise source is located at least nine hundred (900) feet from a residential neighborhood, will not disturb residential areas and there is documented urgency to complete construction. The waiver shall make findings as herein required, state which sections are waived and shall state all applicable mitigation measures. The waiver may be issued for a limited term. Upon receipt by the Building and Safety Division of the Community Development Department of two (2) written complaints identifying the address where the noise violation occurred, the time of the violation, and the name of the complainant, the Department shall commence an investigation. If in the opinion of the Department a violation of the temporary waiver or of this Chapter has occurred, notice of violation shall be served on the permittee or any worker on the job site and posted on the job site. A revocation hearing before the City Council may be held with at least twenty-four (24) hours notice to the permittee. In the absence of a resolution setting a flat fee, the fee shall be the amount necessary to reimburse the City for expenses incurred with respect to issuing, administering or enforcing the waiver or conditions thereof. The fee imposed shall not exceed the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A 87 standards.

Limited Provisional Waivers. After holding a public hearing, the City Council may in its discretion issue a provisional waiver for a limited term allowing construction activities between 10:00 p.m. and 6:00 a.m. Monday through Saturday if the noise source is located at least nine hundred (900) feet from a residential neighborhood and there is documented urgency to complete construction. Without notice or hearing, the City Council may terminate the provisional waiver or modify the conditions under which it was issued. Termination or modification without notice or hearing is necessary to account for the increased adverse response to noise during these time periods. Absent such controls, this Chapter authorizing provisional waivers would not have been adopted.

(4)

Bridge Reconstruction Waivers (Miles Avenue). The Planning Director may issue a temporary waiver allowing Miles Avenue Bridge re-construction activities that may cause intermittent noise between 6:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday and early morning concrete and or asphalt installation due to climatic conditions between 2:00 a.m. to 7:00 a.m. from June 1st through September 14th, Monday through Friday. If any written complaints are received, without notice of hearing the Planning Director may terminate the provisional waiver or modify the conditions as necessary under which it was issued to account for the increased adverse response to noise during these time periods. Following the Planning Director's decision the provisional waiver will be placed on the next City Council Agenda for final determination review.

(5)

Warner Trail Sewer, Storm Drain and Street Widening Project. The Planning Director may issue a temporary waiver allowing construction activities for the Warner Trail Sewer, Storm Drain and Street Widening Project that may cause intermittent noise between 5:00 p.m. and 7:00 a.m. weekdays, and between 5:00 p.m. and 8:00 a.m. Saturdays from August 19, 2004 through October 15, 2004. If any written complaints are received concerning construction noise due to this Project during such time periods, then without notice or hearing, the Planning Director may terminate such waiver or impose any conditions he or she deems necessary to mitigate adverse impacts during these time periods. Following the Planning Director's issuance of a temporary waiver and/or decision to impose or not impose conditions following the subsequent receipt of complaints, the temporary waiver and/or decision of the Planning Director following receipt of any such complaint shall be placed on the next feasible City Council Agenda for ratification or disapproval by the City Council; provided, however, that any temporary waiver granted by the Planning Director shall remain in effect unless and until modified or terminated by the City Council.

(6)

Large Developments in Excess of Six Hundred (600) Acres (Site Access). Contractors or any person involved in the development of a single project site in excess of six hundred (600) acres is permitted vehicle access to the portion of the project site where work is to be performed ("the work site") after 6:00 a.m. Monday through Friday and after 7:00 a.m. on Saturday. Such access between the hours of 6:00 a.m. and 7:00 a.m. Monday through Friday, and 7:00 a.m. and 8:00 a.m. on Saturdays, shall be solely for the purposes of access to the work site and preconstruction set-up. The operation of heavy equipment such as grading equipment, internal combustion engines such as generators, pneumatic tools or power equipment except for the sole purpose of access to the work site, shall not take place prior to 7:00 a.m. Monday through Friday and 8:00 a.m. Saturday.

(Ord. 438 § 5, 1998; Ord. 514 § 1, 2002; Ord. 538 § 3, 2003; Ord. 562 § 2, 2004; Ord. 563 § 2, 2004; Ord. 730 § 1, 2020)

§ 9.06.050 General noise regulations.

General Prohibition. Notwithstanding any other provisions of this Chapter, and in addition thereto, it is unlawful, between the hours of 10:00 p.m. to 7:00 a.m., for any person to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise that causes discomfort or annoyance to any reasonable person of ordinary sensibilities that is audible from any curb line or beyond the boundary line of the parcel from which the noise emanates.

Standards for Determining a Violation. The standard(s) that may be considered in determining whether a violation of this Section exists may include, but are not limited to, any or all of the following:

The sound level of the objectionable noise;

The sound level of the ambient noise;

The proximity of the noise to residential sleeping facilities;

(4)

The nature and zoning of the area within which the noise emanates;

(5)

The density of the inhabitation of the area within which the noise emanates;

(6)

The time of day or night the noise occurs;

(7)

Whether the noise is continuous, recurrent or intermittent; or

(8)

Whether the noise is produced by a commercial or noncommercial activity.

(Ord. 277 § 3, 1991; Ord. 684 § 2, 2015; Ord. 731 § 3, 2020)

§ 9.06.051 Declaration of certain acts constituting excessive noise.

The following activities are deemed to cause loud and excessive noise that are harmful to the health, safety, and general welfare of the community when conducted between the hours of 10:00 p.m. and 7:00 a.m.:

Yelling, shouting, hooting, whistling, singing, and loud or boisterous talking that is audible from any curb line or beyond the boundary line of the parcel from which the noise emanates;

Using a stereo system, Bluetooth speaker, or sound amplifier of any nature that is audible from any curb line or beyond the boundary line of the parcel from which the noise emanates; or

Playing musical instruments outside.

Evidence showing a person engaged in any of the activities listed in subsection (a) during the prohibited hours shall constitute prima facie evidence establishing a violation of this Chapter. Any law enforcement officers, including, but not limited to, City code enforcement officers and building inspectors, and Riverside County Sheriff's Department deputies, who are authorized by the City to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the City, and who encounters evidence of a prima facie violation of this Section may impound as evidence any stereo system, Bluetooth speaker, sound amplifier of any nature or musical instruments used in commission of the violation.

(Ord. 684 § 3, 2015; Ord. 731 § 4, 2020)

§ 9.06.060 Special conditions permits.

Notwithstanding any provision of this Chapter, the Community Development Director may grant special condition permits for a period not exceeding three (3) days when the general purpose and intent of this Chapter can be carried out by the granting of the special condition permit, provided, however, that no permit shall be issued for any activity which violates any provision of Section 9.06.040(a). Said special condition permits may be renewed for a period not to exceed three (3) days at the discretion of the Community Development Director.

(Ord. 277 § 3, 1991)

§ 9.06.070 Variances procedures.

Application and Fee. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Community Development Director for a variance from the provisions thereof. The application shall set forth all actions taken to comply with this Chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance and a proposed time schedule for its accomplishment. If the applicant determines that compliance cannot be feasibly achieved at all, the application shall also set forth the reasons for such determination, the actions which have been taken to comply with this Chapter, a proposed method for complying as nearly as is feasible and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount established by resolution of the City Council.

Application for More Than One Noise Source. 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 application.

Referral to Planning Commission. Upon receipt of said application and fee, the Community Development Director shall refer the application with his or her recommendation thereon within thirty (30) days to the Planning Commission.

(d)

Public Hearing. Upon receipt of an application for a variance, the Planning Commission shall schedule a public hearing to be conducted within sixty (60) days of receipt of the application from the Community Development Director. During the public hearing, the applicant and the Community Development Director may submit oral and documentary evidence relative to their respective contentions. The Planning Commission may deny the application for a variance or may grant a variance. The Commission may grant a variance to permit a condition which violates this Chapter to exist. A variance may be for a limited period and may be subject to any other terms, conditions, and requirements as the Planning Commission deems reasonable to achieve maximum compliance with the provisions of this Chapter. Such terms, conditions, and requirements may include, but shall not be limited to, limitations of noise levels and operating hours.

(e)

Conditions of Variance. Each variance shall set forth the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations, the Planning Commission 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 the 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.

(f)

Planning Commission Considerations. In deciding whether to grant a variance, the Planning Commission shall consider all facts relating to whether strict compliance with the requirement of this Chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations, including, but not limited to, the fact that a commercial development commenced construction prior to the existence of a residence affected by noise from such facility.

(g)

Time Limit for Planning Commission Decision. The Planning Commission shall render a decision within sixty (60) days of completion of the hearing. The decision of the Planning Commission shall be transmitted to the applicant by the City Clerk.

(h)

Status of Applicant Until Variance is Granted. An applicant for a variance shall remain subject to prosecution under the terms of this Chapter until a variance is granted.

(i)

Appeals.

Within fifteen (15) days following the decision of the Planning Commission on an application, the applicant, or any affected resident or property owner may appeal the decision to the City Council by filing a notice of appeal with the secretary of the Planning Commission. 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 a supplemental payment shall be made to the secretary.

Within ten (10) days following the receipt of a notice of appeal, the secretary of the Planning Commission shall forward to the City Clerk copies of the application for a variance and all papers and exhibits concerning said application received by the hearing board and its decision thereon. Any person may file with the City Clerk written arguments in favor or against said decision.