A.
In order
to control unnecessary, excessive and annoying sounds emanating from
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 the
ordinance codified in this chapter.
B.
It is
determined that certain sound levels are detrimental to the public
health, welfare and safety, and contrary to public interest, therefore,
the city council does ordain and declare 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. 880 § 1, 1973; Ord. 923 § 1(A), 1975)
The following words, phrases and terms, as used in the ordinance
codified in this chapter, shall have the meaning as indicated in this
section:
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 an additive period of time composed of individual time
segments which may be continuous or interrupted.
(dB) means a unit 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 ten times the logarithm to
the base ten of this ratio.
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 or public 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 to prepare a site for construction or
other improvements thereon.
means the noise produced by the collision of one mass in
motion with a second mass which may be either in motion or at rest.
means the issuance of a formal license or a permit by the
appropriate jurisdictional authority, or where no permits or licenses
are issued, the sanctioning of the activity by the jurisdiction as
noted in public records.
means any noise source other than a fixed 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 micronewtons per square meter. The
unit measurement shall be designated as dB(A).
means an administrative board of five members appointed by the board of supervisors of the county of Orange, per Title 4, Division 6, Article 1 of the codified ordinances of the county of Orange.
means a person, firm, association, copartnership, joint venture,
corporation or any entity, public or private in nature.
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 Institutes
Standards 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 times the logarithm
to the base ten of the ratio of the pressure of the sound to a reference
pressure, which reference pressure shall be explicitly stated.
means a parcel of real property which is zoned, developed,
and used for residential purposes, other than transient uses such
as hotels and motels.
(Ord. 880 § 2, 1973; Ord. 923 § 1(B), (C), (D), 1975)
Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in subsection N of Section 9.32.020.
(Ord. 880 § 3, 1973)
The residential properties described in this section are assigned
to the following noise zones:
Noise Zone 1: All residential properties, whether incorporated
or unincorporated.
(Ord. 880 § 4, 1973; Ord. 923 § 1(E), 1975)
A.
The
following noise standards, unless otherwise specifically indicated,
shall apply to all residential 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.
|
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, which causes the noise level, when measured on any other residential
property either incorporated or unincorporated, to exceed:
1.
The
noise standard for a cumulative period of more than thirty minutes
in any hour; or
2.
The
noise standard plus five dB(A) for a cumulative period of more than
fifteen minutes in any hour; or
3.
The
noise standard plus ten dB(A) for a cumulative period of more than
five minutes in any hour; or
4.
The
noise standard plus fifteen dB(A) for a cumulative period of more
than one minute in any hour; or
5.
The
noise standard plus twenty dB(A) for any period of time.
C.
In the event the ambient noise level exceeds any of the five noise limit categories set forth in subsection B1 through B5 of this section, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. Furthermore, the maximum permissible noise level shall never exceed the maximum ambient noise level.
(Ord. 880 § 5, 1973; Ord. 923 § 1(F), 1975)
A.
The
following noise standards, unless otherwise specifically indicated,
shall apply to all residential 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.
|
|
|
45 dB(A)
|
10:00 p.m.—7:00 a.m.
|
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, which causes the noise level, when measured within any other
dwelling unit on any residential property to exceed:
C.
In the
event the ambient noise level exceeds any of the three noise limit
categories set forth in subsection A1 through A3 of this section,
the cumulative period applicable to the category shall be increased
to reflect the ambient noise level. Furthermore, the maximum permissible
noise level shall never exceed the maximum ambient noise level.
(Ord. 880 § 6, 1973; Ord. 923 § 1(G), 1975)
The following activities shall be exempted from the provisions of this chapter except as regulated under Sections 12.28.090 and 12.28.100 of this code:
A.
School
bands, school athletic and school entertainment events;
B.
Outdoor gatherings, public dances, shows and sporting and entertainment events provided the events are conducted pursuant to a permit issued by the city pursuant to Chapter 5.32 relative to the staging of said events;
C.
Activities
conducted on public parks, public playgrounds, and public or private
school grounds;
D.
Any
mechanical device, apparatus or equipment used, related to or connected
with emergency machinery, vehicle or work;
E.
Noise
sources associated with construction, repair, remodeling, or grading
of any real property, provided the activities do not take place between
the hours of eight p.m. and seven a.m. on weekdays, including Saturday,
or at any time on Sunday or a federal holiday;
F.
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;
G.
Mobile
noise sources associated with agricultural operations provided such
operations do not take place between the hours of eight p.m. and seven
a.m. on weekdays, including Saturday or at any time on Sunday or a
federal holiday;
H.
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;
I.
Noise
sources associated with the maintenance of real property provided
the activities take place between the hours of seven a.m. and eight
p.m. on any day except Sunday or federal holiday, or between the hours
of nine a.m. and eight p.m. on Sunday or federal holiday;
J.
Any
activity to the extent regulation thereof has been preempted by state
or federal law.
(Ord. 923 § 1(H), 1975; Ord. 1367 § 1, 1989)
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 9.32.050 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 separate locations within one-tenth of a mile of the institution indicating the presence of a school, church or hospital.
(Ord. 880 § 9, 1973; Ord. 923 § 1, 1975)
The location selected for measuring exterior noise levels shall
be at any point on the affected residential property. Interior noise
measurement shall be made within the affected residential unit. The
measurement shall be made at a point at least four feet from the wall,
ceiling or floor nearest the noise source.
(Ord. 880 § 11, 1973; Ord. 923 § 1, 1975)
A.
The
county health officer and his/her duly authorized representatives
are directed to enforce the provisions of this chapter. The county
health officer and his/her 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.
B.
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/her duty.
(Ord. 880 § 12, 1973; Ord. 923 § 1, 1975)
A.
The
owner or operator of a noise source which violates any of the provisions
of this chapter may file an application with the health officer for
a variance from the provisions thereof wherein the owner or operator
shall set forth all actions taken to comply with the 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 as set by resolution
of the city council and on file in the office of the city clerk. 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.
B.
Upon
receipt of the application and fee, the health officer shall refer
it with his/her recommendations thereon within thirty days to the
noise variance board for action thereon in accordance with the provisions
of this chapter.
C.
An applicant
for a variance shall remain subject to prosecution under the terms
of this chapter until a variance is granted.
(Ord. 880 § 13, 1973; Ord. 923 § 1, 1975; Ord. 1213 §§ 2, 3, 1983)
The noise variance board shall evaluate all applications for
variance from the requirements of this chapter and may grant the 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. The 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 the 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 the board shall be by resolution and shall be transmitted to the
health officer for enforcement. Any violation of the terms of the
variance shall be unlawful.
(Ord. 880 § 14, 1973; Ord. 923 § 1, 1975)
A.
Within
fifteen days following the decision of the variance board on an application
the applicant, the health officer, 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 in this section. If the
actual cost of such preparation differs from the estimated cost, appropriate
payments shall be made either to or by the secretary.
B.
Within
fifteen 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 health officer; the notice of appeal; and all evidence concerning
the application received by the variance board and its decision thereon.
In addition, any person may file with the city council written arguments
supporting or attacking the 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 days prior to the hearing
date.
C.
Within sixty 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 9.32.110 and 9.32.120. As part of its decision the council may direct the variance board to conduct further proceedings on the application. Failure of the city council to affirm, modify or reverse the decision of the variance board within the sixty-day period shall constitute an affirmance of the decision.
(Ord. 923 § 14, 1975)
