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:
means land used for or devoted to the production of crops
and livestock.
means the total sound pressure in the area of interest including
the noise source of interest.
means the electronic filtering in sound level meters that
models human hearing frequency sensitivity.
means the total sound pressure level in the area of interest
excluding the noise source of interest.
means any site preparation, assembly, construction, erection,
repair, enlargement, alteration, conversion or similar action, or
demolition of any building, structure or land.
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.
means the A-weighted unit of sound pressure level.
means the C-weighted unit of sound pressure level.
means the unit of measurement for sound pressure level at
a specified location.
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.
means the day/night average sound level during a 24 hour
day.
means the maximum noise level recorded during a single event.
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.
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.
means any sound that:
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.
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.
means any individual, corporation, company, association,
society, firm partnership, or joint stock company, but shall not include
the county of Merced.
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.
means any real property or structures thereon that is owned,
leased, or controlled by a government entity.
means any sound that can be judged as a single pitch or set
of single pitches by the NCO.
means the imaginary line, including its vertical extension,
that separates one parcel of real property from another.
means property used for human habitation, including:
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.
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.
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.
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)
|
1.
|
Law Enforcement
|
$90.00
|
|
|
(Commander, Sheriff Sergeant, Deputy Sheriff I/II)
|
per hour
|
|
2.
|
Law Enforcement Administrative Support (Dispatch, Records, Transcription,
Accounting, Data Processing, Correspondence)
|
$60.00 per hour
|
|
Note: Items to be pro-rated based on actual time.
| ||
(Ord. 1726 § 1, 2004)
