(a)
This
chapter establishes standards for acceptable exterior and interior
noise levels and describes how noise is to be measured. These standards
are intended to protect persons from excessive noise levels, which
are detrimental to the public health, welfare and safety and contrary
to the public interest because they can:
(b)
It
is the intent of this chapter to protect persons from excessive levels
of noise within or near various residential development and other
specified noise-sensitive land uses.
(Ord. 245 § 2, (Exh. A) 1992)
The following words, phrases, and terms as used in this chapter
shall have the following meanings:
means land uses for or devoted to the production of crops
and livestock.
means the composite of noise from all sources excluding the
alleged offensive noise. In this context it represents the normal
or existing level of environmental noise at a given location for a
specified time of the day or night.
means the sound level in decibels as measured with a sound
level meter using the A-weighted network (scale) at slow meter response.
The unit of measurement is referred to herein as dB.
means the City Community Development Director or duly authorized
deputy.
means construction, erection, enlargement, alteration, conversion
or movement of any building, structures or land together with any
scientific surveys associated therewith.
means a unit for measuring the amplitude of a sound, equal
to 20 times the logarithm, to the base 10 of the ratio of the pressure
of the sound measured to the reference pressure, which is 20 micropascals.
means a unit intended for permanent human habitation and
does not include accessory structures, such as garages, guesthouses,
etc.
means the use of any machinery, equipment, vehicle, manpower
or other activity in a short time effort to protect, or restore safe
conditions in the community, or work by private or public utilities
when restoring utility service.
means the sound level containing the same total energy as
a time varying signal over a given sample period. Leq is typically
computed over one, eight and 24 hour sample periods.
means any building or portion thereof used for the accommodation
and medical care of the sick, injured or infirm persons and includes
rest homes and nursing homes.
means a short duration, usually less than one second, with
an abrupt onset and rapid decay.
means the sound level created, caused, maintained, or originating
from an alleged offensive source, measured in decibels, at a specified
location while the alleged offensive source is in operation.
means any sound which violates the quantitative standards
set forth in this chapter.
means a parcel of real property which is developed and used
either in whole or in part for residential purposes.
means public or private institutions conducting regular academic
instruction at preschool, kindergarten, elementary, secondary or collegiate
levels.
means any noise which is distinctly audible as a single pitch
(frequency) or set of pitches determined by the Compliance Official.
means an instrument meeting American National Standard Institute's
Standard S1.4-1971 for Type 1 of Type 2 sound level meters or an instrument
and the associated recording and analyzing equipment which will provide
equivalent data.
(Ord. 245 § 2, (Exh. A) 1992)
The following activities shall be exempt from the provisions
of this chapter:
(a)
City
or school sanctioned activities conducted in public parks, public
playgrounds and public or private school grounds, including but not
limited to school athletic and school entertainment events;
(b)
Any
mechanical device, apparatus or equipment used related to or connected
with emergency activities or emergency work;
(c)
Noise
sources associated with construction, provided such activities do
not take place before seven a.m. or after nine p.m.;
(1)
An exception for special construction activities may be granted,
in advance, at the discretion of the Community Development Director
when heat and/or other weather factors justify an exception. Any exception
granted may specify conditions and limits. It shall be unlawful to
violate any such conditions or limits imposed as part of a grant of
exemption.
(d)
Noise
sources associated with the maintenance of residential property provided
such activities take place between the hours of seven a.m. and nine
p.m.;
(e)
Noise
sources associated with agricultural activities on agricultural property;
(f)
Noise
sources associated with a lawful commercial or industrial activity
caused by mechanical devices or equipment, including air conditioning
or refrigeration systems, installed prior to the effective date of
the ordinance codified in this chapter; provided that this exemption
shall expire one year after the effective date of the ordinance codified
in this chapter; after which time notice and nuisance abatement proceedings
shall be initiated,
(g)
Noise
sources associated with work performed by private or public utilities
in the maintenance or modification of its facilities;
(h)
Noise
sources associated with the collection of waste or garbage from property
devoted to commercial or industrial uses;
(i)
Any
activity to the extent regulation thereof has been preempted by state
or federal law;
(j)
Safety
signals, warning devices, and emergency pressure relief valves;
(k)
Moving
sources such as tractors, automobiles, trucks, airplanes, railroads,
and boats, except where such moving sources are operated as part of
sporting or entertainment events;
(l)
Agricultural
equipment including but not limited to, wind machines, water well
pumps and pest repelling devices;
(m)
Incidental
commercial parking lot noise generated by customers.
(Ord. 245 § 2, (Exh. A) 1992; Ord. 448 § 1, 2004)
(a)
Any
noise measurement made pursuant to the provisions of this ordinance
shall be made with a sound level meter using the A-weighted network
(scale) at slow meter response. Fast meter response shall be used
for impulsive type sounds. Calibration of the measurement equipment
utilizing an acoustical calibrator shall be performed immediately
prior to recording any noise data.
(b)
Exterior
Noise Levels. Exterior noise levels shall be measured at the property
line of the affected noise-sensitive land use. Where practical, the
microphone shall be positioned three to five feet above the ground
and away from reflective surfaces.
(c)
Interior
Noise Levels. The interior noise levels shall be measured within the
affected dwelling unit, at points at least four feet from the wall,
ceiling or floor nearest the noise source, with windows in the normal
seasonal configuration. The reported interior noise level shall be
determined by taking the arithmetic average of the readings taken
at the various microphone locations.
(Ord. 245 § 2, (Exh. A) 1992)
(a)
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 exterior noise level when measured
at any affected single or multiple-family residence, school, hospital,
church or public library situated in the City to exceed the noise
level standards as set forth in the following table:
|
EXTERIOR NOISE LEVEL STANDARDS
| ||
|---|---|---|
|
Daytime
|
Nighttime
| |
|
(7 a.m. to 9 p.m.)
|
(9 p.m. to 7 a.m.)
| |
|
Hourly Equivalent Sound Level (Leq, dB)
|
50
|
45
|
|
Maximum, dB
|
70
|
65
|
(b)
In
the event the measured ambient noise level exceeds the applicable
noise level standard in any category above, the applicable standard
shall be adjusted so as to equal the ambient noise level.
(c)
Each
of the noise level standards specified above shall be reduced by five
dB for simple tone noises, noises consisting primarily of speech or
music, or for recurring impulsive noises.
(d)
If
the intruding noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise
level can be measured, the noise level measured while the source is
in operation shall be compared directly to the noise level standards.
(Ord. 245 § 2, (Exh. A) 1992)
(a)
It
is unlawful for any person at any location within the incorporated
area of the City to operate or cause to be operated within a dwelling
unit (intended for permanent human habitation) a source of noise or
allow the creation of any noise which causes the noise level when
measured inside a receiving dwelling unit situated in the incorporated
area to exceed the noise level standards set forth in the following
table:
|
EXTERIOR NOISE LEVEL STANDARDS
| ||
|---|---|---|
|
Daytime
|
Nighttime
| |
|
(7 a.m. to 9 p.m.)
|
(9 p.m. to 7 a.m.)
| |
|
Hourly Equivalent Sound Level (Leq, dB)
|
40
|
35
|
|
Maximum, level
|
60
|
55
|
(b)
In
the event the measured ambient noise level exceeds the applicable
noise level standard in any category above, the applicable standard
shall be adjusted so as to equal the ambient noise level. The ambient
noise level includes the noise generated by the receiving dwelling
unit.
(c)
Each
of the noise level standards specified above shall be reduced by five
dB for simple tone noises, noises consisting primarily of speech or
music, or for recurring impulsive noises.
(d)
If
the intruding noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise
level can be measured, the noise level measured while the source is
in operation shall be compared directly to the noise level standards.
(Ord. 245 § 2, (Exh. A) 1992)
Notwithstanding the provisions of Section 9-14.02, the intruding noise source when measured as provided in Section 9-14.04 is an air conditioning or refrigeration system or associated equipment installed prior to the effective date of the ordinance codified in this chapter, the exterior noise level shall not exceed 55 dB, except where such equipment is exempt from the provisions of this chapter. The exterior noise level shall not exceed 50 dB for such equipment installed or in use one year after the effective date of the ordinance codified in this chapter.
(Ord. 245 § 2, (Exh. A) 1992)
Notwithstanding the provisions of Section 9-14.02, noise sources associated with the collection of waste or garbage from residential property by persons authorized to engage in such activity, and who are operating truck-mounted loading or compacting equipment, shall not take place before six a.m. or after seven p.m., and the noise level created by such activities when measured at a distance of 50 feet in an open area shall not exceed the following standards:
(a)
Eighty-five
dB for equipment in use, purchased or leased within six months from
the effective date of the ordinance codified in this chapter.
(b)
Eighty dB for that equipment set forth in subsection 9-14.08 (a) above after five years from the effective date of the ordinance codified in this chapter.
(c)
Eighty
dB for new equipment purchased or leased after six months from the
effective date of the ordinance codified in this chapter.
(d)
Seventy-five
dB for new equipment purchased or leased after 36 months from the
effective date of the ordinance codified in this chapter.
(Ord. 245 § 2, (Exh. A) 1992)
Notwithstanding the provisions of Section 9-14.02, noise sources associated with the operation of electrical substations shall not exceed 50 dB when measured as provided in Section 9-14.04.
(Ord. 245 § 2, (Exh. A) 1992)
Whenever it shall be affirmed in writing by three or more persons
living in separate dwellings in a neighborhood that noise is causing
a nuisance or undue annoyance, the Compliance Official, if he or she
finds such a public nuisance to exist, shall serve notice upon the
property owner that the public nuisance shall be abated.
(Ord. 245 § 2, (Exh. A) 1992)
(a)
The
owner or operator of a noise source which the Compliance Official
has determined violates any of the provisions of this chapter may
file an application with the Compliance Official for an exception
from strict compliance with any particular provisions of this chapter
where such an exception will not result in a hazardous condition or
a nuisance and strict compliance would be unreasonable in view of
all circumstances. The owner or operator shall set forth all actions
taken to comply with such provisions, and the reasons why immediate
compliance cannot be achieved. A separate application shall be filed
for each noise source; provided, however, that several mobile sources
under common ownership or fixed sources under common ownership on
a single property may be combined into one application.
(b)
Upon
receipt of the application and within 30 days, the Compliance Official
shall either (1) approve such request in whole or in part, (2) deny
the request, or (3) refer the request directly to the Planning Commission
for action thereon in accordance with the provisions of this chapter.
In the event the exception is approved, reasonable conditions may
be imposed which may include restrictions on noise level, noise duration
and operating hours, an approved method of achieving compliance and
a time schedule for its implementation. The decision of the Compliance
Official is subject to appeal to the Planning Commission for a hearing
de novo by filing a written appeal with the Compliance Official not
later than 15 days following the mailing of the Compliance Official's
decision to the applicant.
(c)
Factors
which the Compliance Official or Planning Commission must consider
shall include but not be limited to the following:
(d)
The
Planning Commission may grant exceptions from provisions of this chapter
subject to such terms, conditions and requirements as may be deemed
reasonable to achieve compliance with the provisions of this chapter.
(e)
Within
14 days following the decision of the Planning Commission on an application
for an exception, the applicant may appeal the decision to the City
Council for a hearing de novo by filing a notice of appeal with the
City Clerk. The City Council shall either affirm, modify or reverse
the decision of the Planning Commission. Such decisions shall be final
and shall be based upon the considerations set forth in this section.
(Ord. 245 § 2, (Exh. A) 1992)
The violation of any of the provisions of this chapter shall be a misdemeanor, citable at the discretion of the City Attorney as an infraction. Violation of these provisions is deemed a public nuisance and punishable as provided in Chapter 3 of Title 1 of this Code. The provisions of this chapter may also be enforced by an injunction issued out of the superior court upon suit of the City.
The City Community Development Director or designee shall enforce the provisions of this chapter. Enforcement procedures are set in Chapter 8 of Title 9 and are intended to assure due process by establishing proper notice and abatement proceedings.
(Ord. 245 § 2, (Exh. A) 1992)
(a)
It
shall be unlawful for any person other than authorized personnel of
law enforcement or government agencies, to install, use, or operate
within the City any voice amplification device or sound amplifying
equipment, including but not limited to those attached to or housed
within any vehicle, boat or aircraft, including sound trucks for the
purposes of giving instructions, directions, addresses, lectures or
transmitting music to any persons or assemblies in or upon any street,
alley, sidewalk, park or public property or any open space generally
available to the public, without prior approval through an administrative
use permit granted by the City.
(b)
Under
such a permit, the commercial and noncommercial use of sound amplifying
equipment shall be subject to the following limitations:
(1)
Only music, human speech or a combination of the same shall be permitted.
(2)
The operation of sound amplifying equipment, including outdoor paging
systems, for commercial purposes shall be limited to no greater than
the hours of eight a.m. to seven p.m. on weekdays, nine a.m. to six
p.m. on Saturdays and ten a.m. to four p.m. on Sundays and holidays.
(3)
Sound amplifying equipment shall not be operated within 200 feet
of any church, school, or hospital while any of these facilities are
in operation.
(4)
In all events, the volume of sound and the hours of operation shall
be so controlled that the sound will not be unreasonably loud, raucous,
jarring, disturbing or a nuisance as defined by the Atascadero Municipal
Code.
(5)
Such conditions as are imposed on time of usage, level of volume,
and quantity of equipment in the permit approval because of location
of the usage.
(Ord. 448 § 3, 2004)
(a)
"Disturbance"
"Response"
"Responsible party"
Definition.
The definitions in this section apply to the following terms as used
in this part:
shall include conduct creating any disturbing or loud noise, including but not limited to violations of Section 9-6.106 of the Atascadero Municipal Code.
shall mean the arrival of a police officer at the scene of
a disturbance to render whatever service is reasonably required in
order to stop a disturbance.
is any person who owns, leases or is lawfully in charge of
the property where the disturbance takes place, or any person who
organizes, controls or participates in a disturbance. If the responsible
person is a minor, then the parent or guardian who has physical custody
of the child at the time of the disturbance shall be the responsible
person who is liable.
(b)
Responses
to disturbances.
(1)
No responsible party shall cause, permit or tolerate a disturbance.
(2)
Whenever a police officer at the scene warns any responsible party
present to discontinue the disturbance, the responsible party shall
be liable for the actual cost of each subsequent response required
for a disturbance within 72 hours of the first response.
(3)
At the first response, the responding police officer shall give an
oral and/or written warning to one or more of the responsible parties
present that the disturbance must cease immediately, and that if a
second or subsequent response to the disturbance is required within
72 hours following such notice, a response fee shall be charged to
any responsible party for all responses after the first response.
(4)
All responsible parties shall be jointly and severally liable for
the response charge regardless of whether or not a responsible party
received an oral or written warning pursuant to subsections (b) and
(c) of this section.
(c)
Charging
for responses.
(1)
The response charge shall be the actual cost of police services including,
but not limited to, personnel and equipment, incurred for each subsequent
response within the 72 hour period following the first response.
(2)
The bill or charges shall be served by the Chief of Police upon the
responsible party within 30 days after the last response to a disturbance.
(3)
The total amount of the response charge shall be deemed to be a civil
debt to the City and the Director of Finance may take such action
to recover the costs as the City is authorized to do by law for the
recovery of a civil debt. The bill of charges shall state the response
fee.
(4)
The bill of charges and any other notices required by this part shall be served upon the responsible party in accordance with Section 12-1.06 of the Atascadero Municipal Code. If the responsible party has no last known business or residence address, then the scene of the disturbance shall be deemed to be the proper address for service of notice.
(5)
The bill of charges shall include a notice of the right of the person
being charged to request a hearing before the appeals hearing board
within 10 days of service of the bill to dispute the imposition of
a response charge or the amount of the charge.
(Ord. 448 § 4, 2004; Ord. 496 § 2, 2006)
