The board of supervisors finds and declares that:
A. 
Excessive noise is a serious hazard to the public health, welfare and safety of the people of the county of Merced, and is contrary to the public interest by interfering with restful sleep, communication, relaxation and the full use of one's property; and
B. 
Inadequately controlled excessive noise is a persistent danger to the health and welfare of the residents of the county of Merced, and the level and frequency of disturbing, excessive, offensive or unusually loud noise within the jurisdictional limits of the county of Merced threatens to increase unless reasonably controlled; and
C. 
The creation, making, causing, or continuation of such excessive noise that is prolonged or unusual in time, place and use will detrimentally affect the public health, comfort, convenience, safety, welfare, and quality of life of the residents of the county of Merced; and
D. 
Every person in the county of Merced is entitled to an environment where excessive noise is not detrimental to his or her life, health, and enjoyment of property; and
E. 
It is the intent of this chapter to prevent excessive noise that may jeopardize the health, welfare, or safety of the citizens of the county of Merced or degrade the quality of their lives, and thereby to promote and secure the protection of the public health, comfort, convenience, safety, welfare, prosperity, peace and quiet of the county of Merced and its people from excessive levels of noise.
(Ord. 1726 § 1, 2004)
As used in this chapter, the following words, phrases and terms shall have the following meanings:
"Agricultural property"
means land used for or devoted to the production of crops and livestock.
"Ambient sound level"
means the total sound pressure in the area of interest including the noise source of interest.
"A-weighting"
means the electronic filtering in sound level meters that models human hearing frequency sensitivity.
"Background sound level"
means the total sound pressure level in the area of interest excluding the noise source of interest.
"Construction"
means any site preparation, assembly, construction, erection, repair, enlargement, alteration, conversion or similar action, or demolition of any building, structure or land.
"C-weighting"
means the electronic filtering in sound level meters that models a flat response (output equals input) over the range of maximum human hearing frequency sensitivity.
"dBA"
means the A-weighted unit of sound pressure level.
"dBC"
means the C-weighted unit of sound pressure level.
"Decibel" or "dB"
means the unit of measurement for sound pressure level at a specified location.
"Emergency work"
means any work or action necessary to deliver essential services, including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions.
"Ldn"
means the day/night average sound level during a 24 hour day.
"Lmax"
means the maximum noise level recorded during a single event.
"Measuring instrument"
means an instrument such as a sound level meter, integrating sound level meter or dosimeter used to measure sound pressure levels conforming to Type 1 or Type 2 standards as specific in the latest version of American National Standard Institute S1.4-1983.
"Noise"
means any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the unincorporated county or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment.
"Noise disturbance"
means any sound that:
1. 
Endangers the safety or health of any person;
2. 
Disturbs a reasonable person of normal sensitivities;
3. 
Endangers personal or real property; or
4. 
Violates the quantitative standards set forth in this chapter.
"Noise control officer" or "NCO"
means the noise control officer of the county of Merced as designated from time to time by the Merced County board of supervisors, or a duly authorized designee.
"Off-highway vehicle"
means motorcycles, sand buggies, dune buggies, all-terrain vehicles, jeeps, enduro bikes, motocross dirt bikes, mopeds, mini bikes, go-carts, or any similar vehicle as defined in Section 38006 of the California Vehicle Code. "Off-highway vehicle" specifically excludes self-propelled lawnmowers, agricultural equipment and such vehicles described in Section 38010(b) of the California Vehicle Code.
"Person"
means any individual, corporation, company, association, society, firm partnership, or joint stock company, but shall not include the county of Merced.
"Public right-of-way"
means any street, avenue, boulevard, road, highway, sidewalk, or alley that is leased to or owned by a government entity, licensed to a government entity, or subject to an easement granted to a government entity.
"Public space"
means any real property or structures thereon that is owned, leased, or controlled by a government entity.
"Pure tone"
means any sound that can be judged as a single pitch or set of single pitches by the NCO.
"Real property line"
means the imaginary line, including its vertical extension, that separates one parcel of real property from another.
"Residential property"
means property used for human habitation, including:
1. 
Private property used for human habitation;
2. 
Commercial living accommodations and commercial property used for human habitation;
3. 
Recreational and entertainment property used for human habitation; and
4. 
Community service property used for human habitation.
"Sound level"
means the instantaneous sound pressure level measured in decibels with a sound level meter set for A-weighting on slow integration speed, unless otherwise noted.
"Sound pressure level"
means 20 multiplied by the logarithm, to the base 10, of the measured sound pressure divided by the sound pressure associated with the threshold of human hearing, in units of decibels.
"Weekday"
is any day, Monday through Friday, that is not a legal holiday.
(Ord. 1726 § 1, 2004; Ord. 1869 § 1, 2009)
A. 
No person shall cause, suffer, allow, or permit the operation of any sound source on private property in such a manner as to create a sound level that results in any of the following, when measured at or within the real property line of the receiving property:
1. 
Exceeds the background sound level by at least 10 dBA during daytime hours (seven a.m. to ten p.m.) and by at least five dBA during nighttime hours (ten p.m. to seven a.m.). The background sound level for purposes of this section shall be determined as set forth in Section 10.60.060; or
2. 
Exceeds 65 dBA Ldn on residential real property or 70 dBA Ldn on nonresidential real property; or
3. 
Exceeds 75 dBA Lmax on residential real property or 80 dBA Lmax on nonresidential real property.
B. 
The following are exempt from the sound level limits of Section 10.60.030(A):
1. 
Noise from emergency signaling devices;
2. 
Noise from an exterior burglar alarm of any building provided such burglar alarm shall terminate its operation within five minutes of its activation;
3. 
Noise from domestic power tools, lawn mowers, and agricultural equipment when operated between seven a.m. and eight p.m. on weekdays and between eight a.m. and eight p.m. on weekends and legal holidays, provided they generate less than 85 dBA at or within any real property line of a residential property;
4. 
Sound from church bells and chimes when a part of a religious observance or service;
5. 
Noise from construction activity, provided that all construction in or adjacent to urban areas shall be limited to the daytime hours between seven a.m. and six p.m., and all construction equipment shall be properly muffled and maintained.
C. 
When the source being analyzed is a stereo system with low frequency signals as part of its output, the stereo shall not cause a C-weighted level of 10 dB or greater above the C-weighted ambient level at a distance of 10 feet from the source, or the complainant's real property line, whichever is greater.
(Ord. 1726 § 1, 2004; Ord. 1869 § 2, 2009)
A. 
No person shall cause, suffer, allow, or permit to be made verbally or mechanically any noise disturbance.
B. 
No person shall cause, suffer, allow, or permit to the following acts:
1. 
Operating, playing, or permitting the operation or playing of any stereo, radio, television, phonograph, or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device;
2. 
Using or operating any loudspeaker, public address system, or similar device between ten p.m. and eight a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property line;
3. 
Owning, possessing, or harboring any animal or bird that, frequently or for continued duration, generates sounds that create a noise disturbance across a residential real property line;
4. 
Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse, or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder, or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between nine p.m. and seven a.m. the following day on a weekday and between nine p.m. and nine a.m. the following day on a weekend day or legal holiday except by permit, when the sound therefrom creates a noise disturbance across a residential real property line;
5. 
Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition work between six p.m. and seven a.m. the following day on a weekday or at any time on a weekend day or legal holiday, except for emergency work, or when the sound level does not exceed any applicable relative or absolute limit specified in Section 10.60.030;
6. 
Using, operating, or permitting the operation of one or more off-highway vehicles on private property such that the resulting sound creates a noise disturbance across a residential real property line.
(Ord. 1726 § 1, 2004; Ord. 1869 § 3, 2009)
A. 
The provisions of this chapter shall not apply to:
1. 
Activities conducted in public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events;
2. 
Noise sources associated with agricultural activities or agricultural operations on agricultural property, including without limitation those specified in Section 18.56.010(B) of this Code;
3. 
The generation of sound for the purpose of alerting persons to the existence of an emergency, except as provided in Section 10.60.030(D)(2);
4. 
The generation of sound in the performance of emergency work;
5. 
The generation of sound in situations within the jurisdiction of the federal Occupational Safety and Health Administration;
6. 
Any land use for which a valid discretionary land use permit, such as a conditional use permit or an administrative permit, has been issued by the county prior to the effective date of the ordinance codified in this chapter, or which may be issued by the county, it being the intention of the county that the process for granting discretionary land use permits, including the imposition of conditions, be separate and independent of this chapter; or
7. 
Using, operating, or permitting the operation of one or more off-highway vehicles on public land, other than a highway, was described by California Vehicle Code Section 38001.
B. 
Noise generated from any county-sponsored or county-approved events or celebrations shall also be exempt from the provisions of this chapter.
(Ord. 1726 § 1, 2004; Ord. 1869 § 4, 2009)
A. 
Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions, including, but not limited to, design, maximum, and fluctuating rates.
B. 
All tests shall be conducted in accordance with the following procedures:
1. 
To the extent practicable, all sources contributing sound to the point of measurement shall be identified.
2. 
Measurements shall be taken at or within the real property line of the affected person.
3. 
The measuring instrument must be calibrated using a calibrator recommended by the measuring instrument manufacturer before and after each series of readings.
4. 
The measuring instrument must be recertified and the calibrator must be recalibrated at least once each year by the manufacturer or by a person that has been approved by the manufacturer. A copy of written documentation of such recertification and recalibration shall be kept with the equipment to which it refers.
5. 
No outdoor measurements shall be taken:
a. 
During periods when wind speeds (including gusts) exceed 15 mph;
b. 
Without a windscreen, recommended by the measuring instrument manufacturer, properly attached to the measuring instrument;
c. 
Under any condition that allows the measuring instrument to become wet (e.g., rain, snow, or condensation); or
d. 
When the ambient temperature is out of the range of the tolerance of the measuring instrument.
C. 
The report for each measurement session shall include:
1. 
The date, day of the week, and times at which measurements are taken;
2. 
The times of calibration;
3. 
The weather conditions;
4. 
The identification of all monitoring equipment by manufacturer, model number, and serial number;
5. 
The normal operating cycle of the sources in question with a description of the sources;
6. 
The ambient sound level, in dBA, with the sources in question operating;
7. 
The background sound level, in dBA, without the sources in question operating; and
8. 
A sketch of the measurement site, including measurement locations and relevant distances, containing sufficient information for another investigator to repeat the measurements under similar conditions.
D. 
Prior to taking noise measurements the investigator shall explore the vicinity of the source in question to identify any other sound sources that could affect measurements, to establish the approximate location and character of the principal sound source, and to select suitable locations from which to measure the sound from the source in question.
E. 
When measuring continuous sound, or sound that is sustained for more than one second at a time, the measuring instrument shall be set for A-weighting, slow response, and the range (if the measuring is designed to read levels over different ranges) shall be set to that range in which the meter reads closest to the middle of the scale. The minimum and maximum readings shall be recorded to indicate the range of monitored values along with the central tendency average most often displayed.
F. 
The measuring instrument shall be placed at a minimum height of three feet above the ground or from any reflective surface. When handheld, the microphone shall be held at arm's length and pointed at the source at the angle recommended by the measuring instrument's manufacturer.
G. 
If extraneous sound sources, such as aircraft flyovers or barking dogs, that are unrelated to the measurements increase the monitored sound levels, the measurements should be postponed until the extraneous sounds have become of such a level as not to increase the monitored sound levels of interest.
H. 
The monitoring session should last for a period of time sufficient to ensure that the sound levels measured are typical of the source in question.
I. 
The background sound levels shall be subtracted from the measured sound levels of the source of interest by using Table 2, to determine the sound levels from the source of interest alone. If the ambient sound level is less than 3 dBA higher than the background sound level, the source level cannot be derived and violation of the chapter cannot be substantiated.
Table 2
Correction for Background Levels
Difference Between Ambient and Background Sound Levels
Correction Factor to Be Subtracted from Ambient Level for Source Level
3
3
4-5
2
6-9
1
10 or more
0
(Ord. 1726 § 1, 2004)
A. 
The Merced County board of supervisors, or a duly authorized designee, shall from time to time, designate a noise control officer to enforce this chapter. Unless otherwise designated, the noise control officer for the county of Merced shall be the sheriff.
B. 
Any person violating any provision of this chapter is guilty of the offenses and subject to the penalties set forth in Chapter 1.28, Section 1.28.030, of the Merced County Code for the first violation, except that a second and any subsequent violations occurring within a year of the first violation may be charged as a misdemeanor and is subject to the penalties set forth in Chapter 1.28, Section 1.28.020, of the Merced County Code.
C. 
If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense, pursuant to Chapter 1.28, Section 1.28.040, of the Merced County Code.
D. 
The provisions of this chapter are enforceable pursuant to Chapter 1.20, Section 1.20.020, of the Merced County Code for the first violation, except that a second and any subsequent violations occurring within a year of the first violation are enforceable pursuant to Chapter 1.20, Section 1.20.010, of the Merced County Code.
E. 
The noise control officer is authorized to take all necessary actions to enforce the provisions of this chapter, including the issuance of stop orders to prohibit further violations of this chapter, and to carry out any other special enforcement programs initiated by order or resolution of the board of supervisors.
F. 
In the event that any person fails to abate a violation hereunder after notice of same and an opportunity to correct or end the violation, the noise control officer is authorized to request the county counsel or district attorney to apply to the Superior Court of this county for an order authorizing the noise control officer to undertake those actions necessary to abate the violation, or for a court order to immediately abate the violation, and requiring the violator to pay for the costs of any such undertaking.
G. 
No provision of this chapter shall be construed to impair any common law or statutory cause of action or legal remedy of any person, including the county, for injury or damage arising from any violation of this ordinance or from other law.
(Ord. 1726 § 1, 2004; Ord. 1869 § 5, 2009)
A. 
The noise control officer shall maintain records of all administrative costs associated with enforcement and enforcement proceedings, and shall recover such costs from the property owner or person in control of the property from which the noise source originates, as provided herein.
B. 
The hourly rate charged for staff time shall from time to time be determined by resolution of the Merced County board of supervisors.
C. 
If the noise control officer determines that a violation of the provisions of this chapter exists, he or she shall give two notices to the property owner of record or any person in control of the property from which the noise source is originating, which notices shall state the existence of the violation, that the county intends to charge the property owner for all administrative costs associated with enforcement, and state the owner's right to object to the imposition of such costs. The notices shall be in substantially the following form:
NOTICE OF VIOLATION
To: (Name of Property Owner of Record or Person in Control of the Property)
(Address)
The Noise Control Officer has determined that conditions exist at the property located at (specify address) that violate the provisions of Chapter 10.60 of the Merced County Code, "Noise Ordinance." You must correct or remove such violation or violations no later than (specify date). Failure to correct or remove the violation by the date specified above will result in all cumulative administrative costs being charged against you in accordance with the provisions of Merced County Code, Chapter 10.60.080. If the violation is corrected or removed by the date specified, no administrative costs will be assessed.
FINAL NOTICE
To: (Name of Property Owner of Record or Person in Control of the Property)
(Address)
You were notified on (specify date) that a violation or violations of the provisions of Chapter 10.60 of the Merced County Code, "Noise Ordinance," exists on property located at (specify address). You failed to correct or remove the violation within the time allotted in the prior notice given to you. You are hereby notified that as a part of the resolution of this matter, you will be required to pay an amount equal to all cumulative administrative costs incurred in this enforcement proceeding. Written notice of the charges will be given. You have the right to contest the amount charged. To contest the amount due, you must file a Notice of Contest with the Noise Control Officer by (specify date).
D. 
At the conclusion of the case, which shall occur upon termination of the enforcement action, the noise control officer shall send a written notice of charges to the property owner of record or person in control of the property setting forth a summary of time and hourly charges. The notice of charges shall be in substantially the following form:
NOTICE OF CHARGES
To: (Name of Property Owner of Record or Person in Control of the Property)
(Address)
The Noise Control Officer determined that the administrative costs incurred in the enforce-ment proceedings and actions taken in regard to the violation or violations of Chapter 10.60 of the Merced Ordinance Code existing on the property located at (specify address) _________ are $ ________.
If you wish to contest these charges you must file a Request for Hearing together with an appeal fee with the Noise Control Officer by (specify date).
IF YOU FAIL TO TIMELY FILE A REQUEST FOR HEARING, YOUR RIGHT TO CONTEST THE ABOVE CHARGES WILL BE DEEMED WAIVED AND YOU WILL BE LIABLE TO THE COUNTY FOR THESE CHARGES, WHICH MAY BE RECOVERED IN A CIVIL ACTION FILED BY THE COUNTY IN A COURT OF COMPETENT JURISDICTION.
Dated:
Noise Control Officer:
E. 
If: (1) no request for hearing is timely filed; or (2) after a hearing the noise control officer affirms the validity of the costs, the property owner or person in control and possession shall be liable to the county in the amount stated in the notice of charges or any lesser amount as determined by the noise control officer. These costs shall be recoverable in a civil action in the name of the county in any court of competent jurisdiction. Any property owner, or other person having possession and control thereof, receiving a notice of charges shall have the right to contest the amount of said charges in accordance with the following procedures:
1. 
A request for hearing shall be filed with the noise control officer within 10 days of the date appearing on the notice of charges. The form for request for hearing may be obtained from the noise control officer. An appeal fee shall be charged by the noise control officer for filing the request for hearing.
2. 
Within 30 days of the filing of the request for hearing and payment of the appeal fee, and on 10 days written notice to the property owner or other person having possession and control thereof, the noise control officer shall hold a hearing on the objections stated in the request for hearing, and determine the validity of the costs stated in the notice of charges and the objections thereto.
3. 
In determining the validity of the costs, the noise control officer shall consider whether the costs stated in the notice of charges are reasonable under the circumstances. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds differ as to whether a violation exists.
4. 
The noise control officer's decision is final and there no further appeal within the county. Any further review of the noise control officer's decision must be pursued in a court of law.
(Ord. 1726 § 1, 2004; Ord. 1869 § 6, 2009)