It is unlawful for any person, firm, association or corporation
to disturb the peace, quiet and comfort of the community or any portion
thereof or neighborhood therein by creating or causing to be created
any unreasonably loud or disturbing unnecessary noises in the City.
(Ord. 802 § 2, 1990)
The following noises, among others, are declared to be disturbing to the peace, quiet and comfort of that portion of the community or neighborhood wherein they are created and in violation of Section 9.32.010. Such enumeration, however, shall not be deemed or construed as in any degree exclusive, but merely illustrative, it being the intent and purpose of this section to include and prohibit all noises of the character described in Section 9.32.010.
A.
Signal
Devices. The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, in any manner or circumstances or
for any other purpose than required or permitted by the Vehicle Code
or other laws of the State;
B.
Vehicle
Noises. Any loud or disturbing noise caused by screeching of a vehicle
tire, the acceleration of a vehicle engine, the exhaust from a vehicle
pipe or muffler, or the excessive blowing of a horn;
C.
Hawkers
and Peddlers. Loud or disturbing shouting or crying of peddlers, hawkers
and venders, including newsboys;
D.
Advertising.
Using any sound instrument or device for the purpose of attracting
attention to any show or sale or display of merchandise, or for advertising
or political purposes, by the creation of loud or disturbing noise;
E.
Prolonged
Noises. Prolonging or continuing a necessary noise beyond the period
necessitating it;
F.
Animals.
The keeping of any animal or bird which by frequent or long continued
noise disturbs the comfort or repose of any person residing or working
in the vicinity;
G.
Noises
Near Certain Premises. The creation of any unnecessary noise on the
street adjacent to any school, church or court so as to disturb or
unnecessarily interfere with the workings of such institution; or
the creation of any unnecessary noise on the street adjacent to a
hospital so as to unnecessarily or unreasonably disturb the patients
in such hospital;
H.
Construction.
The use of any tools, power machinery or equipment or the conduct
of construction and building work so as to cause noises disturbing
to the peace, comfort, and quiet enjoyment of property of any person
residing or working in the vicinity, between the hours of 7:00 p.m.
and 7:00 a.m., Monday through Friday; 5:00 p.m. and 8:00 a.m. on Saturday;
or anytime on a Federal holiday or Sunday, except when the work is
necessary for emergency repairs required for the health and safety
of any member of the community, or when prior written approval has
been obtained from the Community Development Director, is prohibited.
A sign shall be posted at a conspicuous location near the main entry
to the work site prominently displaying these restrictions;
I.
Sound Amplifying Equipment. Sound amplifying equipment as used herein shall mean any machine or device used for the amplification of the human voice, music or any other sound. No sound amplifying equipment is allowed without first qualifying for, receiving approval for, and obtaining a special event permit issued by the City in accordance with Section 12.33.020 of this code and any current City regulations for special events.
J.
Musical Instruments. A musical instrument is a machine or device created or adapted to make musical sounds. Musical instruments that are discernable beyond 50 feet are prohibited without first qualifying for, receiving approval for and obtaining a special event permit issued by the City in accordance with Section 12.33.020 of this code and any current City regulations for special events.
K.
Noise.
Noise can be defined as unwanted or objectionable sound. The volume
of noise shall be controlled so that said volume is not unreasonably
loud, raucous, jarring, disturbing or a nuisance to persons within
the area of audibility and so that the volume of sound shall not exceed
a weighted sound level of 65 decibels on the "slow" scale at a distance
of 50 feet as measured by a sound level meter which meets "American
National Standard."
(Ord. 802 § 2, 1990; Ord. 2022-1212 § 2)
Any of the following shall constitute prima facie evidence of
a violation of this chapter:
A.
The
operation of any such sound production or reproduction device, radio
receiving set, musical instrument, drum, phonograph, television set,
loudspeaker and sound amplifier or similar machine or device between
the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly
audible at a distance of 50 feet from the building, structure or vehicle
in which it is located;
B.
The
operation of any sound amplifier, at any time of day or night, which
is part of, or connected to, any radio, stereo, receiver, compact
disc player, cassette tape player or other similar device, when operated
in such a manner as to be plainly audible at a distance of 50 feet
and when operated in such a manner as to cause a person to be aware
of vibration accompanying the sound at a distance of 50 feet from
the source.
(Ord. 802 § 2, 1990)
Any peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of the Penal Code, lifeguard, code enforcement officer,
park ranger or other City employee assigned to do code enforcement,
who encounters prima facie evidence of a violation of this chapter
is empowered to enforce this section.
(Ord. 802 § 2, 1990; Ord. 2022-1212 § 3)
A.
All means of enforcement authorized under this code may be used to address violations of this chapter, including, but not limited to, criminal actions, civil penalties, nuisance abatement, civil actions, and administrative citations. Violations of this chapter may be charged as a misdemeanor in accordance with Chapter 1.12 of this code and shall be punishable to the fullest extent of the law including a $1,000.00 fine and/or six months in jail. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
B.
Notwithstanding the above described penalties, following the conviction of a defendant for any prima facie violations of Section 9.32.030, the prosecutor or City Attorney may bring a motion requesting the court to order the confiscation and the destruction of any or all of the components amplifying or transmitting the sound.
(Ord. 802 § 2, 1990; amended during 1991 republication; Ord. 2022-1212 § 4)
A.
Civic functions such as, but not limited to, parades, band concerts, athletic contests and other public gatherings may be exempt from the provisions of this chapter upon receiving a special event permit issued by the City in accordance with Section 12.33.020 of this code and any current City regulations for special events.
(Ord. 802 § 2, 1990; Ord. 2022-1212 § 5)
